Mining Rehabilitation – A Regulated Activity

The Mineral and Petroleum Resources Development Act No. 28 of 2005 (the MPRDA), the National Environmental Management Act No. 107 of 1998 (NEMA) and the National Water Act No. 36 of 1998 (NWA) and the Regulations thereto regulate the impacts of mining operations conducted in South Africa on the environment and prescribe statutory duties in respect of, inter alia, environmental standards, the mitigation of environmental impacts and rehabilitation of the affected environment. Criminal and civil liability is also created under all three of the acts.

What are the requirements prescribed by this legislation?

The MPRDA and NEMA require that mining and activities incidental thereto should be conducted in an environmentally sustainable manner while the NWA regulates the sustainable use of water resources. These statutes, furthermore, prescribe remedial measures as well as penalties to counter any harm caused.