De Beers Consolidated Mines (DBCM) operated the Oaks Mine, an open pit diamond mine in Limpopo Province, from 1998 to 2008. The mine was granted a mining license in 1998 under the Minerals Act, with an Environmental Management Programme (EMP) approved in 1998 and amended in 2003. Both EMPs expressly provided that the open pit would remain open upon closure. The MPRDA came into effect on 1 May 2004, repealing the Minerals Act. DBCM applied for a closure certificate on 3 November 2009 under section 43 of the MPRDA, with a closure plan that provided for the pit to remain open. The Regional Manager (1st Respondent) conducted site inspections in 2011 and identified environmental concerns, specifically that the open pit would pose safety risks for scavengers and illegal mining. Between 2011 and 2020, the 1st Respondent repeatedly refused to process the closure application unless DBCM backfilled the open pit, contrary to the approved EMPs. DBCM lodged an internal appeal with the Director-General (2nd Respondent) in July 2020, which remained pending. DBCM then brought this review application without exhausting internal remedies, seeking inter alia a declaration that the pre-amendment section 43 applied to its closure application and that it was not obligated to backfill the pit.