The liability of historical mine authorization holders for rehabilitation

Abstract

Historically, irresponsible mining companies have escaped their duty to rehabilitate. The Mineral Petroleum Resources Development Act does not oblige mining companies to rehabilitate if their operations ceased before the Minerals Act came into force. In the court case De Beers Consolidated Mines v Ataqua Mining (Pty) Ltd and others 2006 1 SA 432 (T), the court held that the Mineral Petroleum Resources Development Act is not applicable to tailings dumps that were created through mining that had been conducted under the Minerals Act. This ruling leaves unanswered the question about who would be liable to rehabilitate old order tailings dumps once such tailings dumps are re-mined or not mined at all. The aim of this dissertation is to determine whether companies that ceased mining operations before the Mineral Petroleum Resources Development Act came into effect could be held liable for rehabilitation by introducing the scenario that applied in the De Beers court case.