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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.
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Document type: Statement
COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISION FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION OR PRODUCTION OPERATIONS, 2021
A joint submission by seven civil society organisations, led by the Centre for Environmental Rights, providing detailed comments and proposed amendments to the 2021 draft regulations on financial provision for the mitigation and rehabilitation of environmental damage caused by mining and energy operations in South Africa.
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Document type: Statement
GUIDE TO FINANCIAL ASSURANCE FOR MINE CLOSURE IN ARGENTINA
This guide, published by the International Institute for Sustainable Development (IISD) in August 2021, provides a framework for establishing financial assurance for mine closure in Argentina. It aims to ensure that funds are available for environmental rehabilitation and physical stability if a mining company is unable to execute its closure plan. The document details best practices for calculating closure costs, selecting financial instruments, and managing these guarantees throughout a mine's life cycle, drawing on regional examples from Chile and Peru.
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Document type: Guide
THE CENTRE FOR ENVIRONMENTAL RIGHTS COMMENTS ON THE DRAFT NATIONAL MINE CLOSURE STRATEGY 2021
The Centre for Environmental Rights (CER) provided written comments on the Draft National Mine Closure Strategy 2021, published by the Department of Mineral Resources and Energy (DMRE). While supporting the initiative to increase certainty in mine closure and rehabilitation, the CER argues that the strategy must better protect mining-affected communities, ensure meaningful public participation from the pre-feasibility stage, and align strictly with existing environmental legislation like the National Environmental Management Act (NEMA).
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Document type: Statement
WRITTEN COMMENTS ON THE DRAFT REGULATIONS PERTAINING TO THE FINANCIAL PROVISION FOR THE REHABILITATION, CLOSURE AND POST CLOSURE OF PROSPECTING, EXPLORATION, MINING AND PRODUCTION OPERATIONS
The Centre for Environmental Rights (CER) submitted written comments on December 1, 2014, regarding the Draft Regulations for financial provision for the rehabilitation, closure, and post-closure of mining operations in South Africa. While the CER views the draft as a "welcome improvement" over previous systems, it argues that the regulations are too narrow in scope, lack sufficient definitions for 'rehabilitation' and 'specialist', and contain loopholes regarding trust deeds and the duration of 'care and maintenance' periods.
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Document type: Statement
Financial Provisions for Rehabilitation and Closure in South African Mining
This 2012 report by the Centre for Environmental Rights, funded by WWF-SA, evaluates the system for financial provisions for mine rehabilitation and closure in South Africa. It identifies systemic failures in the estimation, securing, and reporting of these funds, arguing that current practices often lead to the underestimation of environmental liabilities and leave the state vulnerable to costs from abandoned mines.
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Document type: Report
GRAND MINES (PTY) LTD v GIDDEY NO 1999 (1) SA 960 (SCA)
This case study examines a legal dispute between Grand Mines (Pty) Ltd and the liquidator of Bercon Mines (Pty) Ltd regarding whether the obligation to rehabilitate an opencast mine was reciprocal to the obligation to pay for delivered coal. The Supreme Court of Appeal ultimately dismissed the appeal by Grand Mines, ruling that the obligations were not reciprocal.
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Document type: Case study
2011-da-terblanche-q44-hammarsdale-sludge-reports_-follow-up-question-on-q387-ea2e14be7560e234.pdf
This document is a draft written reply from the Minister of Water and Environmental Affairs to a National Assembly question (Question 44) posed by Mrs J F Terblanche (DA) regarding the status of the Hammarsdale sludge pond site.
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Document type: Briefing
BAREKI & ANOTHER V GENCOR LTD & OTHERS 2006 (1) SA 432 (T)
This fact sheet analyzes the case of Bareki & Another v Gencor Ltd & Others 2006 (1) SA 432 (T), focusing on the retrospective application of the National Environmental Management Act 107 of 1998 (NEMA) and the continuity of environmental rehabilitation obligations under repealed mining legislation.
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Document type: Fact sheet
WHAT YOU NEED TO KNOW ABOUT FINANCIAL PROVISION REGULATIONS FOR MINING, OIL AND GAS IN SOUTH AFRICA
This guide from the Centre for Environmental Rights explains the concept and purpose of financial provision regulations for mining, oil, and gas in South Africa, emphasizing the 'polluter must pay' principle to prevent mine abandonment and ensure environmental rehabilitation.
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Document type: Guide
Guidebook on the Management and Financing of Soil Rehabilitation Projects in China
The 'Guidebook on the Management and Financing of Soil Rehabilitation Projects in China' is part of a five-year project supported by the Norwegian Ministry of Foreign Affairs to explore green finance approaches and financial mechanisms for remediating contaminated soils in China.
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Document type: Guide
MARANGE AND ARDA TRANSAU COMMUNITY PROTOCOL
The Marange and Arda Transau Community Protocol is a document developed by the communities of Marange and Arda Transau to articulate their values, rights, and priorities in response to the negative impacts of diamond mining and forced relocation. It details the community's deep spiritual and cultural connection to their ancestral land, the environmental degradation caused by mining companies, and the social disruptions resulting from displacement. The protocol demands respect for traditional leadership, environmental rehabilitation, and the realization of constitutional and international rights regarding land, culture, and participation in decision-making.
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Document type: Report