Mine Closure From A Legal Perspective: Do The Provisions Of The New Mineral And Petroleum Resources Development Act And Draft Regulations Make Closure Legally Attainable?
Organization: The Southern African Institute of Mining and Metallurgy
Jan 1, 2003
The Abandoned Mine by C.C. Woollacott A heap of rocks marks the abandoned mine. The veld's unpitying silence lies around. Those broken stone?a mute and mournful sign Of human enterprise with failure crowned. Time with the slow hands, shall form the scene anew, Repair the gashes in the wounded soil, And cover up the last remaining clue To a poor useless record of men's toil. And this, the mound they built when hopes were high Shall be a grave, where those hopes buried lie. Outline This paper will consider the implications of the mine closure provisions set out in the new Mineral and Petroleum Resources Development Act and draft regulations. A comparison will be made with the existing provisions in the Minerals Act and the mine closure policy of the Department of Minerals and Energy (DME). The paper will consider whether the new provisions have the potential for improving performance as regards mine closure. It will investigate the financial provisions requirements and the implications of these provisions for mines. It will consider the requirements for a social and labour plan and consider the implications of this for mine closure and its funding. It will analyse the provisions relating to the transfer of environmental liabilities to third parties and consider the implications of this in the case of closing mines and non-closing mines. Finally it will consider the issue of residual legal liability of a mining company once a closure certificate has been issued.