The implementation of ine closure: a case study of closure certificates issued in Mpumalanga and Gauteng province

Abstract

This research report critically reviews the implementation of the current mine closure process in South Africa utilising case studies of gold and coal mines in Gauteng and Mpumalanga Provinces respectively. In order to relinquish liabilities, mining companies are required to sustainably rehabilitate land and obtain a mine closure certificate from the Department of Mineral Resources. Historically, mine closure was not well regulated which has resulted in an adverse legacy that sees over 5,000 derelict and ownerless mines across the South African landscape which have become a national liability for the government to rehabilitate. In an effort to discontinue this legacy, the legislative framework for mine closure has radically transformed. This study finds that the current framework is in line with internationally recognised best practice and demonstrates alignment with the principles of sustainability. However, despite this legislative transformation, there is a perception that mine closure certificates are not being granted. This research set out to analyse this perception and it was found that there is generally a low success rate for mine closure certificates applied for. Challenges influencing the implementation of the mine closure process include the reluctance of the regulating authority to relinquish liabilities which are linked to legacy issues associated with mine closure, the complex and entangled nature of the legislative framework and a potential lack of capacity of the regulating authority contributing to the ineffective execution of the process. Overall this research concludes that these challenges present a hindrance to the implementation of mine closure which comprises of rehabilitating land in a manner that allows it to be ceded for other sustainable land uses. This in turn presents a risk of further perpetuating the legacy of inadequate mine closure which directly negates the intent of the legislative transformation for mine closure