Centre for Environmental Rights – Advancing Environmental Rights in South Africa

In relation to the Optimum Colliery located on the farms Boschmanskop 154 IS, Driepan 156 IS, Optimus 480 JS, Pullenshope 155 IS, Zevenfontein 484 JS in the Magisterial District of Middelburg in the Steve Tshwete Municipality, Mpumalanga Province, the following records are requested:

1. the approved financial provision, including the amount, detailed calculation and form of provision, for the rehabilitation or management of negative environmental impacts, under the first environmental management programme at the Optimum Colliery approved by the Minister of Mineral Resources or the Department of Mineral Resources, in terms of sections 41(1) and 39(4) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA);
2. any and all records reflecting an adjustment of the financial provision made for the Optimum Colliery for the period January 2014 to 29 April 2016, including, but not limited to:
   1. the financial provision assessment reports, in terms of section 41(3) and (4) of the MPRDA read with regulation 54(2) of the MPRDA Regulations, submitted to the Minister of Mineral Resources or the Department of Mineral Resources by Optimum Coal Mine and/or an independent assessor appointed by the Minister;
   2. any audit reports on the adequacy of financial provision submitted to the Minister of Mineral Resources or the Department of Mineral Resources in terms of section 24P(3) of the National Environmental Management Act, 1998 (NEMA);
   3. any review or assessment in terms of Regulation 11, 14 or 17 of the Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations (GN R 1147 in GG 39425 of 20 November 2015) (the Financial Provision Regulations); and
   4. any decision taken by the Minister of Mineral Resources or an official in the Department of Mineral Resources in terms of the Financial Provision Regulations.
3. any and all records pertaining to the transfer of assets of Optimum Coal Mine, or a company or trust established for the sole object of applying its property solely for rehabilitation upon premature closure, decommissioning and final closure, and post closure coverage of any latent or residual environmental impacts on the area covered by Optimum Colliery to restore that area to its natural or a predetermined state, or to a land use which conforms to the generally accepted principle of sustainable development, to another company or trust, as contemplated in section 37A(4) of the Income Tax Act, 1962;
4. Records evidencing the approval, in terms of section 11 of the MPRDA, by the Minister of Mineral Resources or the Department of Mineral Resources of the transfer of the mining right pertaining to the Optimum Colliery to Tegeta Exploration and Resources (Pty) Ltd (Tegeta)
5. the approved financial provision, including the amount, detailed calculation and form of provision, for the rehabilitation or management of negative environmental impacts at the Optimum Colliery, approved on transfer of the mining right to Tegeta.

Partially granted: On 25 May 2016, the DMR granted access to a, b, d and e