The Liability of Historical Mine Authorisation Holders for Rehabilitation of 'Old Order Mine Dumps'

Abstract

Mine dumps or tailings (i.e. 'mine waste') created by mining activities are some of the main environmental impacts of mining. Historically little or no regard was given to the environment while planning mine dumps, since planning was based on minimum cost, the availability of land and the safety of underground workings.

Mine dumps continue to cause water and air pollution when abandoned without being rehabilitated. Abandoned mines and their dumps are common features of the South African landscape. Section 46 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) provides that the state is responsible to rehabilitate abandoned mines if the owner is deceased, cannot be traced, ceased to exist or has been liquidated. Rehabilitation of these mines has extensive financial consequences for the state and indirectly to the taxpayer.

The aim of this article is to determine the responsibility of historical mining right holders for such rehabilitation. 'Historic polluters' refer to mining companies who caused pollution and environmental degradation due to mining activities before the Minerals Act came into force in 1991. Also to be addressed in this article is the question whether owners of tailings created through an authorisation issued in terms of the now repealed Minerals Act or prior legislation (old order dumps) would be able to escape their rehabilitation obligations or not. Reference will be made to the new proposed amendments to the MPRDA as well in addressing the question.