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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Chapter 4 : Mineral and Environmental Regulation

45. Ministers power to recover costs in event of urgent remedial measures

 

(1) If any prospecting, mining, reconnaissance, exploration or production operations or activities incidental thereto cause or results in ecological degradation, pollution or environmental damage, or is in contravention of the conditions of the environmental authorisation, or which may be harmful to the health, safety or well-being of anyone and requires urgent remedial measures, the Minister, in consultation with the Minister of Environmental Affairs and Tourism may direct the holder of the relevant right or permit in terms of this Act or the holder of an environmental authorization in terms of National Environmental Management Act, 1998, to—
(a) investigate, evaluate, assess and report on the impact of any pollution or ecological degradation or any contravention of the conditions of the environmental authorisation;
(b) take such measures as may be specified in such directive in terms of this Act or the National Environmental Management Act, 1998; and
(c) complete such measures before a date specified in the directive.

[Section 45(1) substituted by section 36(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(2)
(a) If the holder fails to comply with the directive, the Minister may take such measures as may be necessary to protect the health and well-being of any affected person or to remedy ecological degradation and to stop pollution of the environment.
(b) Before the Minister implements any measure, he or she must afford the holder an opportunity to make representations to him or her.
(c) In order to implement the measures contemplated in paragraph (a), the Minister may by way of an ex pane application apply to a High Court for an order to seize and sell such property of the holder as may be necessary to cover the expenses of implementing such measures.
(d) In addition to the application in terms of paragraph(c), the Minister may use funds appropriated for that purpose by Parliament to fully implement such measures.
(e) The Minister may recover an amount equal to the funds necessary to fully implement the measures from the holder concerned.