COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022

This document contains joint comments submitted by the Centre for Environmental Rights (CER) and seven other civil society organisations to the South African Department of Forestry, Fisheries, and the Environment (DFFE). The submission critiques the proposed 2022 regulations regarding financial provisioning for the mitigation and rehabilitation of environmental damage caused by extractive activities, arguing that the regulations should prioritise environmental protection and community rights over corporate profitability.

• The signatories argue that the definition of 'applicant' should be expanded to include those seeking Ministerial consent for the transfer of rights under section 11 of the Mineral and Petroleum Resources Development Act (MPRDA). They contend that the transfer of rights is often a 'gateway to mine abandonment' and a critical point for reassessing environmental liability to prevent the State from inheriting rehabilitation costs.
• The document strongly opposes the exclusion of offshore seismic surveys from the regulations. The DFFE's position that impacts on marine life cannot be quantified or costed is rejected by the signatories as being in conflict with the 'precautionary principle' and the 'polluter pays principle', especially given the ocean's role in climate regulation.
• The signatories challenge the classification of certain minerals as 'low risk commodities', specifically noting that sand mining is not low risk due to the destruction of river beds and alteration of water courses. They propose replacing the current list with a screening tool that incorporates spatial data, environmental sensitivity, and hydrological importance.
• There is significant concern regarding 'parent and affiliate company guarantees', with the signatories arguing that these tools are inappropriate because funds should not be controlled by the right holder or its parent company. They further argue that the oil and gas industry is receiving 'special treatment' that disregards the severe environmental and climate impacts of the sector.
• The submission argues that a 'sustainable end state' must go beyond scientific soil and water quality to include strategic land management. This should prioritise land reform, access to land for women, and livelihoods for communities displaced by mining to address historical inequalities from colonialism and apartheid.
• The signatories object to the proposed annual review and update cycle for financial provision templates and reports, calling it 'impractical' and likely to lead to a 'fruitless and ineffective' cycle of reassessment. They instead propose a triennial (every three years) review and audit cycle.
• The document identifies a lack of transparency and record-keeping by minerals authorities, noting that PAIA requests often go unanswered. Consequently, the signatories demand that the database of financial provisions be published on the authority's website rather than just being maintained internally.

APA

Centre for Environmental Rights (2022). COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022. https://cer.org.za/wp-content/uploads/2022/08/Joint-Comments-by-CER-and-others-on-proposed-financial-provision-regulations-2022.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022. 2022. https://cer.org.za/wp-content/uploads/2022/08/Joint-Comments-by-CER-and-others-on-proposed-financial-provision-regulations-2022.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022 |date=25 August 2022 |url=https://cer.org.za/wp-content/uploads/2022/08/Joint-Comments-by-CER-and-others-on-proposed-financial-provision-regulations-2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2022comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = aug, url = {https://cer.org.za/wp-content/uploads/2022/08/Joint-Comments-by-CER-and-others-on-proposed-financial-provision-regulations-2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }