National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)RegulationsRegulations regarding the Planning and Management of Residue Stockpiles and Residue Deposits, 2015Chapter 2 : Planning, Management and Reporting of Residue Stockpiles and Residue Deposits9. Duties of the holder of right or permit |
| (1) | The holder of any right or permit in terms of the Mineral and Petroleum Resources Development Act, 2002 must ensure that— |
| (a) | a residue stockpile and residue deposit, including any surrounding catchment paddocks, are constructed and operated in accordance with the approved environmental management programme; |
| (b) | the design of a residue stockpile and residue deposit is followed implicitly throughout the construction and operation thereof, and that any deviations from the design are approved by the delegated official within the Department responsible for mineral resources and that the environmental management programme is amended accordingly; |
| (c) | as part of the monitoring system, measurements of all residues transported to the site and of all surplus water removed from the site are recorded; |
| (d) | appropriate security measures are implemented to limit unauthorised access to all residues; |
| (e) | preventative or remedial action is taken in respect of any sign of pollution; |
| (f) | adequate measures are implemented to control dust pollution and erosion of the slopes at all residues; and |
| (g) | details of rehabilitation of all residues are provided in the environmental management programme. |
| (2) | A system of routine maintenance and repair in respect of all residues must be implemented to ensure the control of pollution and the integrity of rehabilitation. |