Section 37, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) Notwithstanding subsection (5) of section 54 of the Mines and Minerals Act, the environmental licence holder shall undertake a full inspection of the integrity and safety of any fresh water dam that is to be retained and advise the Director of Mines and the Board on the long-term engineering and cost implications of retention. (2) After consultation with the Director of Mines, the Board may instruct the retention, removal or modification of the dam and reservoir and the environmental licence holder shall modify the Mine Closure Plan accordingly. 44 45 Retention of fresh water dams