Digby Wells Legal Update: Financial Provisions Update

Digby Wells Legal Update: Financial Provisions Update

On 1 February 2024, the Minister of Forestry, Fisheries and the Environment (Minister) again amended the transitional period contained in regulation 17B of the Financial Provision Regulations, 2015. The transitional arrangements in regulation 17B of the Financial Provision Regulations allows the holder of a right or permit granted or issued, as the case may be, in accordance with the Mineral and Petroleum Resources Development Act, 2002 (MPRDA), who applied for such right or permit before 20 November 2015, to continue making financial provision in accordance with regulations 53 and 54 of the regulations published under the MPRDA. Stated differently, a person who applied for a right or permit prior to 20 November 2015, is not yet required to comply with the Financial Provision Regulations.

In the previous amendments to regulation 17B of the Financial Provision Regulations, the Minister always specified a date by when the transitional period would expire and when all holders would be required to comply with the Financial Provision Regulations. However, this time the Minister has amended regulation 17B to provide that the transitional period will continue to apply until the Minister publishes a date by when all holders are required to comply with the Financial Provision Regulations.

In 2023, the majority of the provisions of the National Environmental Management Laws Amendment Act, 2022 (NEMLAA), came into effect, which brought about a significant overhaul of the financial provision sections of the National Environmental Management Act, 1998. When NEMLAA took effect, it seemed that the long-awaited revision of the Financial Provision Regulations was imminent, however, with the latest extension to the transitional period in the Financial Provision Regulations, it appears that this is not the case.

Contact the Digby Wells Environmental Legal Services or Rehabilitation and Closure team to find out how these changes could impact on your business.

Digby Wells: 121 Mining Investment Silver Sponsor

Digby Wells: 121 Mining Investment Silver Sponsor

Excited to announce the participation of our distinguished Digby Wells Environmental team members at the 121 Mining Investment Conference, Cape Town.

Meet the Team:
👥 Roger Williams – Non-Executive Chairman
👥 Graham Trusler – Chief Executive Officer
👥 Lucy Stevens – Director
👥 Richard McDonald – Chief Financial Officer
👥 Mashudu Rafundisani – Country Manager, South Africa
👥 Samba Sangare – Country Manager, Mali
👥 Sarah Cooper – Executive Sustainability Services and Business Development

With over 29 years of industry experience, Digby Wells Environmental is committed to providing value-adding Environmental and Social Solutions to the resources sector. Our team’s expertise and insights contribute significantly to industry discussions, fostering sustainable practices.

To meet our team, visit the Digby Wells Environmental Stand – S27. 

Webinar: ESG as a funding enabler

Webinar: ESG as a funding enabler

Join us online for an enlightening panel discussion hosted by Digby Wells Environmental and Nexia SAB&T on the topic of ESG as a funding enabler.

Gain valuable insights from industry experts and thought leaders, including: – Andrada MiningArno Barnard, Head of Sustainability
– Ninety One : George Cheveley, Portfolio Manager
– WesgroSebekedi Motlhabane Koloi, Energy and Green Economy Specialist
– Digby Wells EnvironmentalSarah Cooper, Executive Sustainability and Business Development
– Panel Moderator: Nexia SAB&TAyisha Ramasike, Director

Register to Attend

Thank you for Partnering with us.

Thank you for Partnering with us.

As the holiday season unfolds, we reflect on our global partners whose contributions have been instrumental in our 28 years of success. We extend heartfelt thanks for your unwavering support and collaboration.

Wishing you joyous holidays and a New Year filled with prosperity and safety.

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