Concourt rules against Mining in Nature Reserves

[Richprins]

Concourt rules against mining in nature reserves
“We cannot place profit ahead of people’s well-being.”
3 hours ago

MBOMBELA – Mining activities are not allowed in the country’s nature reserves and other protected areas. In a pioneering judgement, the Constitutional Court recently made this ruling after hearing a case about the Barberton Nature Reserve.

It is one of the most ecologically important areas in Mpumalanga, and has been placed on the National List of Terrestrial Ecosystems that are threatened and in need of protection. The reserve has also been identified as one of the most important refuges in the province for plant species threatened by climate change. It is world renowned for its ancient geology, and the area was placed on South Africa’s Tentative List of World Heritage Sites in 2008. Barberton Nature Reserve hosts more than 2 200 plant species, several of which being endemic, rare and endangered, as well as over 300 bird species.

In 2006 Barberton Mines was granted prospecting rights with reference to the reserve by the Department of Mineral and Resources. The Mpumalanga Tourism and Parks Agency (MTPA) and the Mountainlands Estate Owners Association (MOA) objected. A number of administrative appeals and reviews followed. When the company tried to gain access to the area, it was prohibited by the MTPA and private landowners. The company applied with the North Gauteng High Court to secure access for prospecting purposes.

In 2015 the High Court granted the company such access and barred the MTPA and the MOA from interfering with it. However, in terms of the Mineral and Petroleum Resources Development Act, prospecting and mining were not permitted in a nature reserve.
The High Court’s finding was granted based on the company’s argument about the classification of the land. It argued that the administrator of the old Transvaal Nature Conservation Ordinance did not establish a nature reserve for the purposes of the National Environment Management: Protected Areas Act (NEMPAA).

The court’s decision was taken on appeal in the Supreme Court of Appeal. The latter found that the Barberton Nature Reserve was indeed a nature reserve as contemplated in the NEMPAA. Accordingly, it found that mining or prospecting within the reserve was prohibited. Barberton Mines applied for leave to appeal this decision in the Constitutional Court.

The area’s fauna and flora is protected.

On July 25 its application was denied on the grounds that the appellant had no prospects of success in the appeal. After learning of the outcome, the MTPA and MOA thanked their legal representatives.

Their legal team consisted of advocates Mark Wesley and Janice Bleazard, and attorneys Richard Spoor, George Kahn and Johan Lorenzen. Thanks was also extended to individuals, organisations and officials who over the years supported the efforts in the interest of conservation.

MTPA CEO, Johannes Nobunga commented on the events. “Those seeking to exploit our natural resources must understand that we cannot place profit ahead of people’s well-being.

“It is time that we acknowledge the value of our unspoiled natural environment and the important role that such areas play in providing us with clean water to drink and air to breathe. The Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being and to have the environment protected for the benefit of present and future generations. It is the MTPA’s mandate to ensure implementation of that guarantee in Mpumalanga,” he said.

MOA chairman, Nico Oosthuizen called the court’s finding a landmark victory for all protected areas in South Africa. “Too many of them have, like us, suffered from the indiscriminate awarding of mining and prospecting rights. The long-term value of ecosystem services derived from our protected areas, especially those that protect sensitive water catchments and areas of high biodiversity, can never be sacrificed for the short-term gains of mining and its profit-seeking shareholders,” he said.

http://lowvelder.co.za/400618/concourt- ... -reserves/

[Flutterby]

[harrys]

[RogerFraser]

[Richprins]

Even though it may seem only to apply to a small reserve, this is NOT the case. It sets a very clear precedent from the highest court in the land, and in principle will apply to all protected areas. Bad news for the Chinese and Zuptas and other Colonial powers indeed, and in fact may be referenced in the rest of Africa!