Draft Bill 'causing confusion' - lawyers
Lawyers claim the proposed legislation that brings SA closer to making the Water and Environment Minister solely responsible for approving the environmental impact assessments required before mining development can take place, has introduced more confusion into an already perplexing arena, states a BDlive report.
Stakeholders in mining seem to be confused over whether the Water and Environment Minister or the Mineral Resources Minister has the final say over proposed mining development since the 2008 amendments to the Mineral and Petroleum Resources Development Act were enacted, but not brought into force. Webber Wentzel's Garyn Rapson said changes proposed in the 2012 Mineral and Petroleum Resources Development Act Amendment Bill would result in a misalignment of its provisions and those of the National Environmental Management Act if the Mineral and Petroleum Resources Development Bill was enacted in its current form. According to the report, Centre for Environmental Rights' Melissa Fourie said it was 'very difficult to read the Bill' and it had to be read with three other pieces of legislation. The centre's Dina Townsend added the proposed law was a 'mind bender' for lawyers, and would be 'even more inaccessible' for communities affected by mining development, according to the report.
Full BDlive report
Mineral and Petroleum Resources Development Act
National Environmental Management AcT
An example of the confusion is contained in a report in The Times. It notes an environmental NGO has laid criminal charges against mining group Platmin for operating an opencast mine on the doorstep of the Pilanesberg Nature Reserve. The mine is situated in a proposed heritage park that would link the Pilanesberg and the Madikwe nature reserves with each other and create a 90km long migration route for the Big Five. Federation for a Sustainable Environment director Mariette Liefferink said they had brought charges because the mine did not have a water licence. According to Platmin spokesperson Charmane Russell, the mine had a 'draft water licence'. Russell refused to provide copies of the draft licence or the report on the environmental impact assessment that Platmin was legally obliged to undertake, according to the National Environmental Management Act, before they could mine, even though both were public documents. Moremi Lesejane, the manager of park extensions at the North West Tourism and Parks Agency, said the agency was powerless against Platmin because the Mineral Resources Department had granted the company mining rights.
Full report in The Times