Finansiële aanspreeklikheid : rehabilitering van myne en sluitingsertifikate

Abstract

Section 41 of the MPRDA requires of mines to provide financial guarantees for the rehabilitation of mines. The contribution is revised annually. A mine must indicate that the guarantees are in place during the application for a mining permit or licences. A closure certificate will only be issued to a mine once all the requirements regarding rehabilitation are met. The polluter pays principle and the prevention principle lay the foundation for the financial provision regarding rehabilitation. The mine will be liable in the event that they do not prevent environmental degradation, pollution or damage. To avoid this liability the mine must rehabilitate properly to obtain a closure certificate. Financial guarantees can be provided for in different ways. In this dissertation trusts, closed cooperations and tax benefits involved are discussed.