Best practice in acquiring a mine closure certificate - a critical analysis of the De Beers Oaks Diamond Mine, South Africa

摘要

The Minerals Act 50 of 1991 set a precedent in South Africa for mining and environmental legislation as it considered all factors pertaining to mining, specifically with respect to mine rehabilitation and closure. The Minerals Act No. 50 of 1991 was replaced by the Mineral and Petroleum Resource Development Act (MPRDA) No. 28 of 2002, which included far more stringent conditions related to mine closure. In addition, as of 2010, mining became a listed activity and the environmental provisions of the National Environmental Management Act (NEMA) 107 of 1998 now also apply to mine closure certification resulting in mines having to comply with stipulations of this act too before qualifying for closure. No mine closure certificate has ever been issued under either the Minerals Act of 1991 or the Mineral and Petroleum Resource Development Act of 2002. The authorities are reluctant to accept responsibility for granting closure, without being persuaded beyond doubt that all risks (environmental, social, health and safety) have been adequately and sustainably dealt with. In this paper, the authors use a case study and interview approach to critically examine the mine closure procedure of the De Beers Oaks Diamond Mine, Limpopo, as it is anticipated that this mine will be the first in South Africa to acquire a full mine closure certificate, as it has stringently followed all relevant legislation and policy directives, and openly communicated with relevant departments at all levels of government. The objectives of the paper are to stipulate the legal requirements for mine closure certification in South Africa and to critically analyse the mine closure procedures that were followed in the closure plan for the Oaks Diamond Mine. Specific challenges and actions taken to implement the closure plan are highlighted. Results indicate that the most effective way of acquiring a mine closure certificate is to integrate legislation with procedures throughout the life cycle of a mine.