On 24 April, the North West Executive Committee members of the ELA, in collaboration with the SARChI CLES Chair at NWU hosted a public lecture by Dr Fredua Agyemang on:
Comparative Legal Solutions for Rehabilitating Legacy Mines – Financial Provision in South Africa and Western Australia
On 24 April 2025, the NRF Chair in Cities, Law & Environmental Sustainability (CLES), in collaboration with the North-West branch of the Environmental Law Association (ELA) of South Africa, hosted a compelling public guest lecture titled “Comparative legal solutions for rehabilitating legacy mines – financial provision in South Africa and Western Australia”.
The guest speaker, Dr Fredua Agyemang, a post-doctoral fellow at CLES, delivered a presentation on the persistent challenge of legacy mines—abandoned or unrehabilitated mining sites that pose serious environmental risks.
Focusing on South Africa and Western Australia, Dr Agyemang provided a comparative legal case study on how these jurisdictions approach the rehabilitation of legacy mines. South Africa faces the daunting task of rehabilitating approximately 6,100 legacy mines, at an estimated cost of R49 billion. Many of these mines predate current environmental legislation, rendering retrospective legal accountability difficult. Under the Mineral and Petroleum Resources Development Act 28 of 2002 (sections 45 and 46), the financial responsibility for such rehabilitation often shifts to the state, and by extension, taxpayers—contradicting principles such as the Polluter-Pays Principle and the Duty of Care.
In contrast, Western Australia has implemented an innovative model: the Mining Rehabilitation Fund (MRF), governed by section 16 of the Financial Management Act of 2006. This fund, financed through mandatory annual levies from operating mining companies, is invested to generate returns, which in turn fund the rehabilitation of abandoned mines. Dr Agyemang argued that this model effectively transfers the financial burden from the public to the industry while ensuring a sustainable funding mechanism.
Dr Agyemang concluded by recommending that South Africa consider establishing a similar dedicated rehabilitation fund, supported by industry levies and improved enforcement mechanisms. Such a shift could enhance accountability, reduce the fiscal burden on the state, and accelerate the rehabilitation of degraded land for sustainable use.
The ELA thanks Dr Agyemang for his thought-provoking presentation and all attendees for contributing to a lively and important discussion. Events such as these affirm the ELA’s commitment to fostering dialogue on pressing environmental legal issues and exploring comparative solutions that inform and inspire
The lecture links to our thematic focus for the year by proposing legal solutions for rehabilitating legacy mines, which is critical to securing ecologically sustainable development while promoting justifiable social and economic development.
About Dr Agyemang:
Dr Fredua Agyemang is a postdoctoral research fellow at the South African Research Chair Initiative (SARChI) in Cities, Law, and Environmental Sustainability (CLES) within the Faculty of Law at North-West University. He holds a PhD in Urban and Regional Planning from the North-West University, a Master’s in Town and Regional Planning from the University of KwaZulu-Natal, two Master of Laws (LLM) degrees in Public Law—specialising in Extractive Industry Law in Africa from the University of Pretoria and in Environmental Law from the University of the Western Cape—a Postgraduate Certificate in Education from the University of South Africa and a Bachelor of Science in Land Economy from Kwame Nkrumah University of Science and Technology.
Dr Agyemang has published peer-reviewed articles on sustainable cities and mining communities and has presented his research at national and international conferences. He co- lectures the LLM course “Local Government and Environmental Law” (LLMO 885) at North- West University and supervises students within the programme.



