Abstract
M.A.
The Minerals Act No. 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) No. 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 certificates have 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 have been adequately and sustainably dealt with. In this research, a case study and interview approach were used 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. The objectives of the research were to stipulate the legal requirements for mine closure certification in South Africa, identify the problems associated with institutional authorisation of closure certificates and to critically analyse the mine closure procedures that were followed in the closure plan for the Oaks Diamond Mine. Findings 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. All reclamation objectives were met and done in an effective manner, resulting in the area resembling that of its surroundings. Most of the rehabilitation objectives were also met such as the Mine Residue Disposal Complex and waste rock dump was rehabilitated effectively. Some risks however are still present, such as the possible pit wall failure. These issues need to be rectified in order for the Department of Mineral Resources to issue a closure certificate. Most of the processes and many of the lessons learnt could be used as a benchmark for other mines wishing to achieve closure.