NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT OF THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS 

Title: National Environmental Management Act: Amendment of the Transitional Arrangements in the Financial Provisioning Regulations 

Gazette reference: GN 4296 in GG 50059 of 1 February 2024 

Commencement date: 1 February 2024 

On 1 February 2024, the Minister of Forestry, Fisheries and the Environment extended the date for compliance holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 2002 regime through an amendment of the transitional arrangements contained in the Financial Provisioning Regulations, 2015 (“the Regulations”). 

Regulation 17A of the Regulations has been amended so that the holder of an offshore exploration or production right, who applied for such right prior to 20 November 2015, regardless of when the right was obtained –  

  • Must comply with the Regulations; and 
  • shall be regarded as complying with the provisions of the Regulations if such holder complies with the provisions and arrangements regarding financial provisioning in terms of the Mineral and Petroleum Resources Development Act, 2002. 

Regulation 17B of the Regulations has also been substituted to reflect the same provisions as 17A, for any holder, or holder of a right or permit, who applied for such right or permit prior to 20 November 2015.