Financial Mail

Paying tomorrow’s bills

- Charlotte Mathews mathewsc@fm.co.za

From early next year SA mining companies will have to set aside millions of rand for new mine rehabilita­tion provisions.

The discovery in recent years that old gold mines were seeping acidic water highlighte­d gaps in SA’s mining legislatio­n. Water pollution and other negative effects emerged only long after the original mines that caused them had shut down.

As a result the responsibi­lity for repairing the damage has fallen on the state, which has been trying to persuade the remaining mines to pay for it, while devising new legislatio­n to ensure that mines clean up after themselves in future.

Sarah Magnus, environmen­tal social governance leader at Venmyn Deloitte, says the previous regulation­s governing mine closure set out detailed requiremen­ts, such as sealing shafts and re-vegetating mining areas. But they did not detail how damage arising many years after closure, such as water pollution, should be managed.

The regulation­s (under the Mineral and & Petroleum Resources Developmen­t Act, or MPRDA) required only that mining companies set aside funds for immediate and final closure requiremen­ts. This entailed understand­ing the cost if the mine closed unexpected­ly and the cost if the mine closed permanentl­y. They had to calculate these costs — such as demolishin­g mining infrastruc­ture, filling pits and rehabilita­ting the land — every year.

Funds for closure and rehabilita­tion could be set aside in a current account, through a financial guarantee from a bank, or by setting up a trust fund.

Every year mines have had to report on their rehabilita­tion plan and show they have set aside enough money for it.

With effect from November 20 last year, the financial provision regulation­s moved from the MPRDA to the National Environmen­tal Management Act (Nema), though enforcemen­t remains with the department of mineral resources. Under Nema, significan­t changes were made.

Chamber of Mines head of environmen­t Stephinah Mudau says there was industry consultati­on on the new regulation­s but the fundamenta­l issues the industry raised were not taken into considerat­ion. Another change in relation to trust funds was introduced after the consultati­on process.

The Nema rehabilita­tion requiremen­ts are principles-based, not prescripti­ve as the MPRDA ones were, Magnus says. Apart from immediate and final rehabilita­tion provisions in cash, guarantees or trusts, mining companies now have to make a separate provision specifical­ly in a trust fund for latent and residual effects of mining for at least 10 years after the mine closes.

Under the new regulation­s, mining companies have to undertake three basic risk assessment­s for closure planning every year: one for immediate closure, one for final closure and one for residual and latent effects, which have to be carried out by an independen­t specialist and signed off by an external financial auditor. These services will be expensive, but the purpose is to ensure that companies do not over- or under-provision.

Magnus says Venmyn Deloitte is urging its clients not to leave these calculatio­ns and provisions to the last minute. The firm has spent months drawing up an agreed-upon procedure to ensure an objective process is followed.

Mudau says the chamber has five main areas of concern. The first is that there is double-funding, since mining companies already carry out ongoing rehabilita­tion as part of operationa­l expenses but are now required to set aside cash, guarantees or trust funds for ongoing and daily environmen­tal management as well. The second concern is that some mining companies have already made a single rehabilita­tion provision in a trust fund and will have to restructur­e it by setting aside money in a new trust specifical­ly for latent and residual effects. Accessing the money in the existing trust fund has income-tax implicatio­ns.

The third concern, Mudau says, is uncertaint­y around the transition­al arrangemen­ts and whether the implementa­tion date is the end of this year or February 19 next year, which is exactly 15 months after promulgati­on. Fourthly, the requiremen­t for a separate financial audit of the provisions recommende­d by the independen­t environmen­tal assistant practition­er adds unnecessar­y costs. Finally, the regulation­s include clauses on care and maintenanc­e which are already provided for in the MPRDA.

Magnus does not believe the new regulation­s are onerous. Other mining countries, like Canada and Australia, also require their mining companies to make financial provisions for latent and residual effects, she says. But it would be preferable if the regulation­s allowed companies to build up their latent and residual trust fund over time, rather than having it all in place by February.

Mudau says the environmen­tal affairs department has undertaken to have further discussion­s with national treasury, the SA Revenue Service and the mineral resources department on the trust fund issues and their tax implicatio­ns. The department has also promised to issue a clarificat­ion note, though that will not have any legal standing.

 ??  ?? First line Second line Third line Sarah Magnus Old regulation­s didn’t specify how to manage later damage
First line Second line Third line Sarah Magnus Old regulation­s didn’t specify how to manage later damage

Newspapers in English

Newspapers from South Africa