Environmental Legislation, Assessment, Licensing

[Lisbeth]

Mining and Biodiversity Guideline needs urgent implementation - WWF-SA
24 May 2013 09:13
The minister of Water and Environmental Affairs, Edna Molewa, and the minister of Mineral Resources, Susan Shabangu, have demonstrated their commitment to ensuring biodiversity is duly considered by the mining industry. The signing of the Mining and Biodiversity Guideline by the ministers on 22 May 2013 is encouraging to the WWF South Africa (WWF-SA).
WWF-SA's Biodiversity Unit head, Dr Deon Nel says, "The signing of these guidelines provides the platform for much needed co-operation between the mining and environment departments. If these guidelines are given the significance they deserve, they could do much to protect important biodiversity, contribute to water security, and reduce administratively wasteful conflict around mining developments."

The document aims to signficantly improve environmental consideration within the mining industry as well as compliance with the various forms of legislation governing mining and its associated impacts. Additionally, the guideline should assist both the mining and environmental sectors with ensuring that South Africa's sensitive water production areas are recognised, duly reflected and considered during prospecting and mining application processes.

The proof is in the pudding

The biodiversity gains from the protection of such areas cannot be overemphasised and as such WWF-SA would like to see adherence to the guideline document becoming a requirement for all future mining and prospecting applications in South Africa.

"However, the proof of the pudding will come in the implementation of these guidelines," cautions Nel. WWF is aware that currently there are two applications on Minister Shabangu's desk for the restriction of mining activities in critically sensitive areas. These applications, in terms of Section 49 of the Minerals and Petroleum Development Act (Act No. 28 of 2002), were submitted two years ago to the Department of Mineral Resources and cover the biodiversity rich areas of Wakkerstroom and Chrissiesmeer. These areas are also critically important water production sites benefiting millions of downstream water users.

Despite verbal support for their exclusion from mining in Minister Shabangu's 2012 budget speech, it appears the process of restricting any future mining in these areas has stalled, with prospecting and mining applications having subsequently been accepted in these areas. WWF-SA therefore urges Minister Shabangu to give immediate effect to the Mining and Biodiversity Guideline.

For more information, go to http://www.wwf.org.za.

[Duke]

Water licence required for Fracking says Molewa

[PennyinSA]

Another thin edge of yet another wedge! Where will it end?

[Duke]

Is a water licence enough?

Here

[Mel]

It definitely isn't... But then again - big bucks are calling
and who cares about an intact environment... Flashy cars
and modern houses don't fit in it anyway...

[Toko]

Joint media statement on the process of integrating water, mining and environmental authorisation processes

12 September 2013



The Chairperson of the Portfolio Committee on Water and Environmental Affairs, Advocate Johnny de Lange has lauded the novel and innovative work currently done in integrating mining, water and environment licensing systems.

Advocate de Lange was commenting during the Joint Sitting of the Portfolio Committees on Water and Environmental Affairs and Mineral Resources. The Departments of Water Affairs, Environmental Affairs and Mineral Resources briefed Joint Committees on Water and Environmental Affairs and Mineral Resources on the proposed amendments to legislation and regulations to give effect to an agreement between the three Departments to integrating and synchronizing all aspects of the legislative framework for the application of environmental and water laws in mining areas on Wednesday, 11 September 2013.

The environment aspects pertaining to exploration, prospecting, mining and production activities which were previously outside the scope of the National Environment Management Act, 1998 (Act No. 107 of 1998) (NEMA) are now included in the scope of NEMA and they have been removed from the scope of the Mineral and Petroleum Resources Development Act (MPRDA).

This is a huge improvement following the commitment made by the two Ministers responsible for Water and Environmental Affairs and Mineral Resources, who have also instructed their Departments to work together on the necessary amendments in NEMA, MPRDA and NWA. These amendments are aimed at achieving an alignment of processes relating to mining. These are the application for mining right, environmental impact assessment and the water use license.

Ministers, recognizing the fragmented approach in implementing environmental legislation relating to mining right applications , intervened and proposed, during 2011, mechanisms which would ensure alignment of the various pieces of legislation administered by the three departments in as far as it relates to mining.

South Africa as a developing state has to find a balance between economic growth and environmental sustainability. After receiving a joint inter-departmental presentation on this process, the Joint Portfolio Committees endorsed the inter-governmental co-operation and lauded it as an example of the application of the co-operation and in line with the spirit of the Intergovernmental Relations Framework Act as encapsulated in Section 41 of the Constitution and the IGRF Act.

The optimal implementation of these legislative arrangements will provide enhanced confidence in this system and ameliorate any uncertainties about the system. The three Departments have been given the task of going back and finalizing the legislation and regulations in this regard, as a matter of urgency and to report back to their respective Committees which will convene a further Joint Sitting to receive and approve the work done.

The Joint Sitting also welcomed the progress recorded to date, with the Chairpersons urging the Departments to continue the co-operation in the interest of providing certainty and ensuring South Africa develops an efficient and effective mine environmental management system that balances various rights as enshrined in the Constitution of the Republic.

For media queries, contact:

Advocate Jonny de Lange (Chairperson of the Portfolio Committee on Water and Environmental Affairs)
Cell: 083 304 9586

[Richprins]

This has relevance to Fracking, Mapungubwe, and a bit of Malelane Hotel, IMO!

To get those pesky EIA people sorted!

[Toko]

Water allocation rights and fracking in the spotlight

10:00 (GMT+2), Sun, 15 September 2013
By Susan Botes

The proposed National Water Policy Review could change the way farmers use their water allocations

The Department of Water and Environmental Affairs made its plans known at a Pretoria press conference at the beginning of the month, after the National Water Policy Review was gazetted on 30 August. Members of the public have 30 days to respond to the amendments. Minister of Water and Environmental Affairs Edna Molewa said the department wanted to apply the use-it-or-lose-it principle in future.

If allocated water was not used within a set time-frame, it should be re-allocated to a public trust managed by the minister as custodian of the nation’s water resources. Authorised water users would no longer be able to trade water among each other. “Our position is that there should be no form of temporary or permanent trading between authorised water users. It will be obligatory for any holder of an entitlement to surrender such use to the public trust if it is no longer used,” Molewa said.

The department wants to prioritise social and economic equity in the re-allocation of water. “Economic regulation will be applied throughout the water value chain,” said the minister. The department, in consultation with the national treasury, would determine water use tariffs annually. Dr Theo de Jager, vice-chairperson of Agri SA, said preventing farmers from trading their water rights constituted intervention in the free market system.

“Changes should be in alignment with the National Development Plan but it doesn’t seem as though these governmental bodies are in alignment at the moment,” he said. Nic Opperman, natural resources manager at Agri SA, said it was important to note that these issues were currently only on the department’s wish list. “The department is moving towards a single piece of legislation governing all water use in the country. This is a good idea, but there are minor devils in the details.”

He added that there were, however, issues that could be troublesome and Agri SA would comment on the matter. Molewa said government was in the process of changing legislation to accommodate fracking for possible underground shale gas reserves.

“I have taken the decision to issue a notice of intention to declare fracking a controlled activity in terms of section 38 of the National Water Act. The notice includes the exploration for and/or production of onshore unconventional oil or gas resources and any activities incidental thereto including, but not limited to, hydraulic fracturing,” Molewa announced.

DA spokesperson on water and environmental affairs Marti Wenger said if fracking were approved following the consideration of public comment, every precaution should be taken to protect the environment and water resources. She called for stringent control measures, including a charter to regulate decisions involved in fracking and demand transparency about chemical use. They should also explain the rules applying to companies as well as how transgressions would be dealt with.

“Fracking has the potential to create jobs. We cannot reject it out of hand. We need to do what is right for the environment and we need to do what is right for unemployed people who could benefit from fracking,” she said. Wenger added that the DA would scrutinise the impact of all the proposed policy changes and intentions declared for its intended and unintended effects, and urged interested parties to give public comment.

De Jager said it was important that greater certainty on water rights should come about soon, as uncertainty discouraged investment in the sector.

[Duke]

Minister Mrs Edna Molewa gazettes the prescribed norms and standards for the management of protected areas in South Africa and invites public participation

11 July 2014

The Minister of Environmental Affairs, Mrs Edna Molewa, published under section 11 (1) of the National Environment Management: Protected Areas Act, 2003 (Act No.57 of 2003), the prescribed norms and standards for the management of protected areas in South Africa in the Government Gazette no 37802 of 07 July 2014 and has invited members of the public to comment.

These norms have been developed over the past two years by the Department of Environmental Affairs in collaboration with the relevant stakeholders for the management and development of protected areas as prescribed in Section 11 of the National Environment Management: Protected Areas Act (NEM: PAA).

The norms and standards for protected areas were developed with the objective of effecting a national system of protected areas in South Africa as part of a strategy to manage and conserve biodiversity and to promote sustainable utilization of protected areas for the benefit of people in a manner that would preserve the ecological character.

Section 11 of the Act further states that the Minister may prescribe the norms and standards for the achievement of any of the objectives of the act, including for the management and development of protected areas referred to in Section 9 (a), (b) and (c) and indicators to measure compliance with these norms and standards.

It is also required for the management of those protected areas to report on these indicators to the Minister.

There are currently 17 norms for the management of protected areas with standards. It is, however, anticipated that additional norms may be required at a later stage. The norms and standards focus on the relative importance of the protected areas, their objectives, boundary demarcation, law enforcement and financial management amongst other things.

Members of the public and other interested parties are invited to participate by submitting their written comments to the Minister within 30 days of publication of Gazette No 37802.

By post:
The Director – General
Department of Environmental Affairs
Attention: Dr G Cowan
Private Bag X447
Pretoria
0001

By hand at: 2nd Floor (Reception), Fedsure Forum Building, 315 Corner Pretorius and Lillian Ngoyi Streets, Pretoria.

By e-mail to: gcowan@environment.gov.za, or by fax to 012 320 1243

Any other enquiries in connection with the draft norms and standards can be directed to Dr G Cowan at 012 310 3701.

Comments received after the closing date may not be considered.

To access the Gazette with details of the norms, please click on the link below.

here

For media inquiries contact:

Albi Modise
Cell: 083 490 2871

[H. erectus]

Mining and Biodiversity: Evaluating EAP standards in the sector
0 0 New

Posted on 03 September 2014

Following the release of the government endorsed Mining and Biodiversity Guidelines (MBG) in May 2013, WWF-SA conducted a study on the standards of environmental assessment practitioners (EAPs) in the mining sector titled Mining and Biodiversity: Evaluating EAP standards in the sector.

As a key recommendation, WWF-SA calls on government to fast track the appointment of EAPASA (Environment Assessment Practitioners Association of South Africa) as a registration authority for EAPs to ensure compliance and higher standards in the industry.

EAPs play a critical role. They are meant to filter mining applications with acceptable impacts from those that would have unacceptable environmental impacts, and to then present their findings to the relevant authorities in an objective manner – thus promoting sustainable development in South Africa.

The report revealed an alarmingly high level of non-adherence – approximately a third – to the key biodiversity principles contained in the guidelines. This confirmed what was already being experienced in practice, namely “that certain EAPs and/or mining houses are apparently disregarding critically important environmental information in the completion of their coal mining or prospecting applications”.

Released in September 2014, the Mining and Biodiversity: Evaluating EAP standards in the sector study was funded by the WWF Nedbank Green Trust and commissioned by WWF South Africa off the back of key findings in the 2011 WWF-SA report titled Coal and Water Futures in South Africa: the case for protecting headwaters in the Enkangala grasslands.

The area of both studies was the WWF-SA Enkangala Grasslands project domain which are a major water source area, giving rise to the Vaal, Thukela and Pongola rivers. With water recognised amongst the scarcest resources in South Africa, grasslands – and their water catchment systems – are crucial for our country’s water security as well as supporting sustainable economic and social development.

The grasslands biome is home to over 4,000 plant species, 15 of South Africa’s 34 endemic animals and ten of our globally threatened bird species. They are also vital for crop food production, foraging for livestock and game farming, and tourism and recreation amongst other things.