The legislative framework regulating mine closure and rehabilitation in relation to sustainable development

Abstract

Since the 1860s, South Africa's mining sector has matured, reaching its highest point in the 1980s when it made significant socioeconomic development. The mining industry has made remarkable socioeconomic development by contributing to taxes and generating job opportunities. However, the repealed Minerals Act 50 of 1991 was the first legislation to regulate the environmental impact of mining activities, albeit inadequately. The Minerals Act was quickly repealed following the adoption of the Constitution of the Republic of South Africa, 1996, which introduced environmental rights. Importantly, section 24 of the Constitution embraces the concept of sustainable development which requires integrating and balancing socioeconomic and environmental considerations into development. As a result, sustainable development is inherent in legislative frameworks such as the National Environmental Management Act 107 of 1998, Minerals and Petroleum Resources Development Act 28 of 2002 and the National Water Act 36 of 1998. This legislative framework regulates mining activities and their impact on water resources. Nevertheless, it is estimated that there are more than 6,000 abandoned and unrehabilitated mines that are a source of environmental issues such as acid mine drainage. However, most of these mines emanate from the past when there was no legal obligation to rehabilitate the environmental impact of mining activities. Considering the significant number of abandoned and unrehabilitated mines, this study analyses the legislative framework regulating financial provision for mine rehabilitation and environmental liability. This legislative framework safeguards environmental rights and prevents pollution while promoting reasonable socioeconomic development.