Comments by the undersigned civil society members and organisations on the proposed regulations pertaining to financial provision for prospecting, mining, exploration or production operations published for comment on 17 May 2019

A joint submission by seven South African civil society organisations providing detailed critiques and proposed amendments to the 2019 draft regulations on financial provisioning for mining and exploration. The organisations advocate for increased public participation, a shift from annual to triennial financial reviews, stronger ring-fencing of funds during liquidation to prevent environmental degradation, and more precise legal definitions to ensure the 'polluter pays' principle is upheld.

• The signatories argue that the Draft Regulations lack mechanisms for interested and affected parties to challenge the adequacy of proposed financial provisions. They recommend inserting a regulatory mechanism that requires applicants to provide registered parties with copies of financial provision documents and allow a 30-day comment period before submissions are made to the Minister.
• The coalition opposes the requirement for annual reassessment of financial provisions, describing it as 'impractical' and potentially leading to a 'fruitless and ineffective' cycle. They propose a triennial (3-yearly) assessment and review by specialists, with the option to reduce this to an annual requirement only where appropriate.
• Concerns are raised regarding the role of liquidators in implementing rehabilitation plans. The signatories argue that while business rescue practitioners can be held responsible, liquidators winding down a company prioritize creditors and may not be able to implement such plans. They suggest that liquidation should instead trigger the automatic release of financial provisions to the Minister to prevent sites from being looted or causing environmental harm, citing the MINTAILS case as an example.

APA

Centre for Environmental Rights (n.d.). Comments by the undersigned civil society members and organisations on the proposed regulations pertaining to financial provision for prospecting, mining, exploration or production operations published for comment on 17 May 2019. https://cer.org.za/wp-content/uploads/2019/09/Financial-Provisioning-Comments_1-July-2019.pdf?x21779

Chicago

Centre for Environmental Rights. Comments by the undersigned civil society members and organisations on the proposed regulations pertaining to financial provision for prospecting, mining, exploration or production operations published for comment on 17 May 2019. n.d. https://cer.org.za/wp-content/uploads/2019/09/Financial-Provisioning-Comments_1-July-2019.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=Comments by the undersigned civil society members and organisations on the proposed regulations pertaining to financial provision for prospecting, mining, exploration or production operations published for comment on 17 May 2019 |url=https://cer.org.za/wp-content/uploads/2019/09/Financial-Provisioning-Comments_1-July-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndcomments, author = {{Centre for Environmental Rights}}, title = {{Comments by the undersigned civil society members and organisations on the proposed regulations pertaining to financial provision for prospecting, mining, exploration or production operations published for comment on 17 May 2019}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/09/Financial-Provisioning-Comments_1-July-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }