Replacement NEMA open for commentThe Department of Environmental Affairs' (DFFE) final suggested draft of the National Environmental Management Act (NEMA) Financial Provisioning Regulations is now available to the public for comment before they are Gazetted into law. Public comments may be submitted on or before 6 October 2021. Source ©cd123 123rf The key proposed changes
Two categories of applicants contemplatedThe Regulation 7 Applicants include those applying for
These applicants must submit, together with the documentation for an EA in terms of the EIA Regulations, a completed prescribed template, spreadsheet and master rates (to be completed by specialists) for approval by the Minister. It is presumed that this prescribed template will still be published. The Regulation 8 Applicants include those applying for
These applicants must submit, together with the documentation for an EA in terms of the EIA Regulations, the annual rehabilitation plan; final rehabilitation, decommissioning and mine closure plan ; and environmental risk assessment report as well as the calculation of financial provision using the Appendix 4 methodology, for approval by the Minister. Financial provision must here be determined by itemising all activities and costs, based on actual market related rates for implementing the activities contemplated in these documents. Once calculated, financial provisioning can be set aside in a multitude of approved vehicles, or combination thereof, including, and subject to certain exceptions:
The annual review and update of the Regulation 7 templates or Regulation 8 documents can now be undertaken by internal specialists for a certain date. External technical audits are to take place every three years. Guaranteeing the availability of sufficient funds to bring the area to an approved sustainable end state at the scheduled or unscheduled closure of operations, determined against agreed closure objectives, remains the purpose of the third draft Replacement FP Regulations. Source: Webber Wentzel About the authorGaryn is an environmental law expert. His work is cross-sectoral and his clients operate in the energy, mining, oil and gas, industrial, waste management, biotechnology and construction sectors, to name a few.
Paula-Ann has experience in conducting environmental and commercial due diligence investigations and environmental legal audits, as well as contractual drafting and drafting legal opinions on a range of procedural, substantive and regulatory queries. |