Mining in or Close to Protected Areas

[Lisbeth]

It has nothing to do with jurisdiction if they want to build a mine on your doorstep.

[Lisbeth]

Almost the same as above, but with other words



AFRIFORUM LAYS CRIMINAL CHARGE TO STOP MINE APPLICATION CLOSE TO NATIONAL PARK

BY AFRIFORUM | AUG 14, 2019

The civil rights organisation AfriForum intensified its campaign against the planned coal mine close to the Kruger National Park on 14 August 2019 after more alleged violations by Singo Consulting (Pty) Ltd came to light.

AfriForum brought a criminal charge at the Komatipoort police station today after it transpired that Singo Consulting had allegedly committed fraud in the form of plagiarism in its environmental impact assessment. This follows after AfriForum was informed that the company’s report matches the environmental impact assessments of other environmental consultants word-for-word.

AfriForum only received the environmental impact assessment after the organisation’s legal team directed a letter to Singo Consulting and Manzolwandle Investments (Pty) Ltd – this despite the fact that AfriForum is registered as a interested party. The civil rights organisation also submitted comments on the environmental impact assessment – which was incomplete.

AfriForum’s legal team will also submit complaints to the relevant councils which Singo Consulting is registered and accredited with, because this company acted unethically and committed criminal offences.

Lambert de Klerk, Head of Environmental Affairs at AfriForum, says that it was brought to the organisation’s attention that the companies had allegedly committed fraud. “I believe that, with an in-depth investigation, more violations will come to light. Up to now, we have not been truly informed of events, while the processes being followed are insufficient. AfriForum requested an extension to submit their commentary, but the request fell on deaf ears.”

According to De Klerk, the organisation also investigated the registered addresses of the two companies. The one registered address indicated in the report, however, is an open field. “The question that should be asked – notwithstanding the irregularities that there are – is how a mining company can apply for a mining licence if you cannot even visit their offices.”

Manzolwandle Investments wants to start mining for coal over an area of 18 000 ha in close proximity to the Kruger National Park. This holds enormous disadvantageous and destructive consequences for the immediate environment, the Crocodile River and other water sources, nature reserves, wildlife, the road network in Mpumalanga and agricultural activities. De Klerk is of the opinion that as a tourist destination Mpumalanga can also collapse economically if illegal mining activities are continued.

De Klerk also pointed out in a previous statement that a recent ruling by the Court of Appeal against the Departments of Environmental Affairs and Mineral Resources’ approval of Atha Africa Ventures Pty Ltd’s continuation of a coal mine in the Mabola region in Mpumalanga. These departments approved the application quietly, while this area is a proclaimed conservation area. The court found that the ministers were not transparent and that the decision was taken hastily.

It would appear that there are an increasing number of such violations in Mpumalanga and AfriForum will not look on while these illegal mining activities destroy the country, says De Klerk.

You can help us by supporting our #ConserveOurEnvironment campaign. Sign the petition: https://www.afriforum.co.za/en/away-wit ... uger-park/.

[Lisbeth]

Petition signed

[Richprins]

The Carte Blanche insert was very good last night. the developer comes across as an "unreliable witness". he says there is no problem as the mine will be south of the N4 and mining will take place via tunnels under the highway so no-one will notice...

Later on, when asked why such a huge area is awarded, he says that is necessary for opencast mining.

Also changed mid-stream from 150 to 500 jobs created.

[Lisbeth]

The developer must be an ass

[RogerFraser]

Very good insert by Carte Blanche .The developer did not come across as very believable lots of contradictions .

I believe SABC also will have a broadcast about this from FB post : At 18h00 on Sunday, 25 August 2019 on SABC 2's Fokus:
"A very doubtful project" attorney Richard Spoor calls it. An application for a coal mining licence just south of the Kruger Park has tourism operators and farmers of Komatipoort up in arms. But the mining company believes its plans could boost the economy of the Nkomazi area. Now the company's environmental consultant is accused of having committed plagiarism ...

[Lisbeth]

It could possibly boost the economy, but at the same time ruin all that is within reach of the polluted air etc. https://www.africawild-forum.com/viewto ... 334&t=9846

[Peter Betts]

It could possibly boost the economy, but at the same time ruin all that is within reach of the polluted air etc. https://www.africawild-forum.com/viewto ... 334&t=9846

Forget the Polluted air what about the polluted food crops and Crocodile River ..which is already a cesspool from up country polluters

[Richprins]

https://facebook.us17.list-manage.com/s ... d18d2ca465

MPCT - News Bulletin
THE MINING THREAT TO MP
July 10, 2019
The Threat to Marloth Park and our neighbours & what we need to do
A mining Company Manzolwandle Investment (Pty) Ltd has made an application to mine a significant amount of land bordering and Marloth park and extending from Marloth Park to Komatiepoort.
This is a significant threat and the application process has been advanced significantly.
As at 8 July 2019 the consultants representing the miner claim we only have 30 days to respond to their requests for information and responses to their application. Documents received include;
1. Application Acceptance by Dept. Mineral Resources - 12 Sept 2018
2. Bid Document
3. I&AP Objection Form
4. Notice by Consultant
5. Map of Area

From a superficial reading of the BID that has been shared with us by their consultants we can infer the following:

The mining company is a start-up and the shareholders cannot be identified.
The proposed mining area approximately 18,000 Ha. It includes all farms that surround Marloth Park and also those to the south and east east towards Komatiepoort. The mining area is adjacent to and south of the National Kruger Park and the area extends south of the N4.
The application is for an open cast coal mine as well as underground mining;
The life of mine is anticipated to be 30 years;
There are different types of wetlands and the Crocodile River with tributaries (Ngweti) and also the Komatie River around the mining area;
We do not have access to the Environmental Impact Assessment (EIA), Environmental Management Planning Report and other Specialist Reports that are crucial for consideration of the application.
Mineral resources belong to the state. The State has the power to grant the application and if granted the miners have access to the land for mining.

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Information that will need to be considered by the assessor of the application
The decision maker who approves this request must decide based upon the following:

If we, as a country, are to mine all minerals (and in the case under consideration, coal) in the ground, then there should be no regard for the environment since all of South Africa, as a resource rich country, will in any event be mined.

If, however, not all minerals are to be mined and some will be left in the ground, then a decision on which areas to mine and the areas in which to leave the minerals in the ground, should be made.

We believe that the first scenario is not sustainable and thus not an option. The second scenario therefor has a direct impact in this mining application. The decision must reflect the guidelines described in the paragraphs that follow in such a situation. The decision maker must also consider the lacking information in the documentation when dealing with such a scenario.
It is our responsibility to ensure we make the decision maker aware of both and the specific issues that affect this application!

Looking at context of the decision

The decision will have to balance the above-mentioned factors and the following documents and guidelines when the application is considered;

the Environmental Impact Assessment (EIA) Regulations and other guidelines,
the Mining Biodiversity Guideline, as well as,
the National Development Plan’s framework that by 2030 South Africa’s transition to a low-carbon, climate resilient and sustainable economy/society will be well underway.
Any international agreements and undertakings.


WHAT WE NEED TO CONSIDER AND ADDRESS IN OUR OPPOSITION

a. The location site of the mine in the application
The mining area is surrounded with different types of wetlands, the Crocodile River with tributaries, the Komatie river as well as in close proximity to the National Kruger Park (where in terms of Section 48 of the National Environmental Management: Protected Areas Act (NEMPAA) as well as other legislation “no person may conduct commercial prospecting” ,
and
Mozambique (that through trans-boundary water systems and obligations shares the water with South Africa), protection of the ecological infrastructure of this area is crucial. We have an obligation to supply our neighbour with a suitable volume of water and to a suitable standard.

b. The ecology
The protection of wetlands and river systems should be of high priority and critical since, in terms of the National Water and Sanitation Master Plan:

Fifty-seven percent or river ecosystem types are threatened. 65% of main rivers are threatened including 46% critically endangered.
High water yield areas constitute only 4% of South Africa’s surface area and are the water factories of the country. Currently only 18% of them have any form of formal protection.
65% of wetland ecosystem types are threatened making wetlands the most threatened of all ecosystems. 71% of them are not being protected at all. Wetlands are exceptionally high value ecosystems that make up only a small fraction of the surface area of the country.

c. Biodiversity
This mining application revolves around the issue of mining in an area of highest biodiversity importance in terms of the Mining and Biodiversity Guideline. River and Wetland Freshwater Ecosystem Priority Areas (FEPAs) and a 1 km buffer around these FEPAs are categorised as highest biodiversity important areas with the highest risk for mining in terms of the above Guideline.
This Application must therefore be dealt with in accordance with the Mining Biodiversity Guideline and especially in the evaluation of the Best Practicable Environmental Option (BPEO) and where other highly sensitive areas have already been impacted upon.
This means balancing of the negative environmental impacts versus the alleged short term social benefits (which have not accrued in the last period of mining to the local communities) and the economic advantages can only be assessed if the loss to the environment and the long term impacts upon the surface and groundwater are evaluated. There guidelines as to how this is measured.

d. Considering Financial Provisioning
Financial Provisioning for the Rehabilitation and Remediation of Environmental Damage Caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations must be provided for by the miner – this includes :

“progressive rehabilitation and remediation
rehabilitation, remediation, decommissioning and closure activities; and
remediation and management of residual and latent environmental damage including the ongoing pumping and treatment of polluted or extraneous water where relevant”.

In addition, since coal mines are categorised by the DWS’s Mine Water Management Policy as “Category A” Mines or acid producing mines. This Application calls for the determination of the costs to ensure sufficient financial provision ought to be made by the Applicant in order for the costs not to be externalised to the State, downstream water users and future generations for the pumping and treatment of Acid Mine Drainage not only during the life of mine, but also the post-closure pumping and treatment, which may continue for many years after closure.

e. Sustainable land use
Given the very high biodiversity importance, the said Guideline states that an EIA conducted in respect of such an area should include the strategic assessment of optimum, sustainable land-use for a particular area which should determine the significance of the impact on biodiversity. The EIA must take into account the environmental sensitivity of the area, the overall environmental and socio-economic costs and benefits of mining as well as the potential strategic importance of the minerals to the country.

f. Employment opportunities
The mining application has and will continue to sell its proposition on the back of employment. We will need to set out what employment currently exists in the area identified for mining and compare that to the proposed mining labour force. We can also look at other opportunities that could improve employment in the same are in the future as an alternative.

Current employment in Marloth park can be presented as an argument but realistically the mining application has excluded Marloth Park and employment that currently existing employment would be expected to remain unless we can rationally support that our holiday town ship is nonviable and would need to be disbanded if mining was implemented (tourism and residential).
The truth is - should the mining initiative be permitted - life will change but Marloth Park as a holiday town ship will go on - not withstanding the negative impact of mining on our life in the town.

g. Direct neighbouring Properties
One area where we as Marloth Park Owners need to pay attention is our direct neighbouring properties as mining on these properties will have a direct impact on the quality of life in our town.

Lionspruit - Notwithstanding that Lionspruit is currently in the name of the Municipality - NKLM. We have court orders setting out that Lionspruit forms an integral part of the Marloth Park Township. In our opinion we need to ensure that as a minimum this is recognised and enforced and that Lionspruit be included in the Township and excluded from the mining area.

We will need also need to look at viable opportunities that could support the argument to remove Lionspruit from the application (ecology, support to our animal population, future employment opportunities through tourism, education, etc.). The fact that this farm (although paid for by the the owners of Marloth Park) is registered in title to NKLM means we will of necessity have to work very closely with the municipality to structure this part of the application.

Farm 0007 & 0008 as identified on the Applicants Map - The two farms are completely surrounded by Marloth Park and the Kruger National Park. They are also completely separated from other ground included in the application. Any product mined on these 2 farms of necessity would need to be carted through Marloth Park township in the same way the farm produce is. Taking into account that the volumes, weigh and frequency of the truck and the fact that coal is a very dirty product - this will definitely have a very significant impact on our town and the quality of our life there.

h. Optimal land use The EIA needs to identify whether mining is the optimal land use, whether it is in the national interest for that deposit to the mined in that area and whether the significance of unavoidable impacts on biodiversity are justified.
It is important that a risk averse and cautious approach is adopted.
This implies strongly avoiding these biodiversity priority areas, given the importance of the receiving environment and the probability that the proposed activity would have significant negative impacts. When considering mining these biodiversity priority areas, the Guideline prescribes a set of filters that should be sequentially applied.

i. Mining in other areas, logistics and opportunity cost
The fact is that coal is plentiful on the Highveld and it is overproduced needs to be taken into account. The logistics and impact on infrastructure, such as roads also need to be taken into account.
That said, it is not possible to make an informed decision due to lack of information dealing specifically with the matters raised in the Mining Biodiversity Guideline. This includes an assessment of the opportunity costs, e.g.

Understanding the value of the foregone opportunity;
The achievement of the desired aim/goal for the specific area;
Optimising of positive impacts;
Minimising of negative impacts;
Equitable distribution of impacts; and
The maintenance of ecological integrity and environmental quality.


Applying the “opportunity cost” principle would change the question being asked, namely, by placing a positive duty upon the decision maker to consider if the proposed development will constitute the best use of the resources (i.e. the best practicable environmental option).

IN SUMMARY
Us as owners in Marloth Park and as I&AP's we have a lot to do to prove this mining application is not viable, not only for us but for the greater South Africa and our neighbour Mozambique.

To do this we need;

capable professionals who can provide specialist assistance at a reasonable price,
The support of as many affected persons in the local environment,
Access to media to share the message domestically and internationally
The intervention;
of our international neighbour, Mozambique
our domestic big brother the Kruger National Park and SanParks

As the Marloth Park Conservation Trust we have commenced action on some of these fronts.

What we request now is that we form a common team that works together with all organisations in Marloth Park and our neighbours to ensure we are all working in the same direction and in the most effective and economic manner.
How to oppose a mining application

Under the Mineral Petroleum Resources Development Act (MPRDA) a free-for-all situation has come about.
Under the old order Mineral rights were regulated and the ownership of minerals could be vested in the landowner - this has now been abolished. Under the new order - Section 3(1) of the MPRDA now proclaims: “Mineral and petroleum resources are the common heritage of all the people of South Africa and the State is the custodian thereof.” There is now an abundance of mining applications coming through as mining operators try attack large areas where known mining resource exists that was previously niot a viable option.

The scary thing is that under the new order the state can grant a mining concession on your land and you have very little, or even no say during the mining process. The mine could make an offer to purchase or not. This is a frightening concept for Lionspruit – but as Lionspruit currently does not belong to the property owners of Marloth Park (on paper anyway) that is a discussion for another article.

So how do we effectively contest an application for mining. This may seem a daunting task involving legal expenses, but there are other cost-effective ways of intervening.

The opportunities for fighting back lie in understanding the notification obligations of Section 10 of the MPRDA, and the environmental governance processes.

First – The opportunities that have already passed us by
Firstly, it’s important for Interested and Affected Parties (I&AP) to convey their dissatisfaction with a mining application at every possible opportunity. Even though it’s not always possible to oppose an application for a mining right successfully, the objections and comments may lay the groundwork for an administrative appeal where available, or a judicial review in the future.

In terms of Section 10 of the MPRDA, the regional manager must, within 14 days of accepting an application for a mining authorisation (which may be for a permission, permit or right) make it known that such an application was received and call upon I&AP's to submit their comments.

The problem is that this opportunity tends not to be well publicised because the regional manager is only obliged to place a notice calling for comments by I&AP's on the notice board of the regional office and in the local Magistrate’s Court. So unless you happen to visit either of these unlikely places within the 30-day period that the notice is posted, you will miss the window within which to object.

If an I&AP manages to read the notice and objects to the granting of a mining authorisation, the regional manager must refer the objection to the Regional Mining Development and Environmental Committee (RMDEC) for them to consider them and advise the minister. The RMDEC is a good platform for I&AP's to raise their concerns with the granting of mining authorisations because it consists of the regional manager, the principal inspector of mines and representatives of organs of state – in other words, a spectrum of officials, rather than a committee comprising only individuals only from the department.

The minister can only approve an Environmental Management Plan (EMP) or plan (for prospecting rights or mining permits) if the recommendations made by RMDEC have been considered . The minister is only required to consider those recommendations but must obviously explain the decision if it runs counter to a RMDEC recommendation.

In order to obtain a mining right an Environmental Impact Assessment (EIA) process must be undertaken and an Environmental Management Programme Report (EMPR) is required. The EIA process, which informs the EMP, requires the completion of scoping and EIA reports.

These processes take place before the applicant (miner) becomes a right holder. The information is used by the decision maker to assess whether-or-not the mining right may be granted. Once an application has been accepted it’s the regional manager’s responsibility to put a notice out to I&AP's.

The Application for the mining in our area was approved by the Regional Minister of Mineral Resources on 12 September 2018.

Second – Where we are now!
The second time I&APS have a time to comment or protest is when it comes to the EIA process, it’s the mining applicant’s responsibility (usually via a consultant) to notify and contact I&AP's. I&APs’ comments must be included in the scoping report. This is another opportunity for I&AP's to submit their comments on mining right applications and more particularly to raise issues or concerns that they have, should the right be granted. One concern regarding comments is that a "comment" or "issue raised" is treated as a 1 comment or issue - it does not matter how many objects are received regarding this issue. The responses received however are treated as confirmation of contact with I&AP's. The I&P's that responded should be registered as interested parties and kept informed.

A third opportunity to submit comments arises when the minister considers the EMP. Often the EIA report and EMP are presented at the same time, either conflated into one document or as separate documents.

From what we can make out this applicant Manzolwandle Investment (Pty) Ltd has failed to provide the EIA and EMPR as yet. As a result we are unable to scrutinise how the documents consider the requirements they have to with regard to MPRDA, and the environmental governance processes. In our instance the environmental governance as well as obligations and international treaties South Africa has signed up to are very relevant such as the National Development Plan’s framework that by 2030 South Africa’s transition to a low-carbon, climate resilient and sustainable economy and society will be well underway.

In terms of the notifications we have received from the applicant they assert we only had 30 days to object with effect on 8 July 2019.

So how do we fight this?
We are of the opinion that we need to tackle this on two or more fronts.

The applicant and statutes dictated how we must reply to comply with time periods - we need to do this and it has been addressed by MPPOA, MPRA and others.

We need to take an activist standpoint and attack the mining initiative in any other manner possible and garner the support of any person, organisation or entity we can local, domestic or international.

That said, to start there are 2 options

Get on board lawyers and try raise a claim. The problem we currently have is lawyers are very expensive – you pay by the minute – and the issue we are currently fighting is not defined.

Get on board expert activists that do this for a living and believe in the cause. Because they do this type of thing for a living they know where to go and what to do to close it out efficiently and cost effectively. While the activists comence actions we strengthen out position with research and knowledge. If the activist can’t achieve the goal of stopping mining, we can move back to using lawyers but in this instance we have a defined scope and directive under which we can instruct our legal and professional team.

This challenge is fundamentally different to any we have had before - the reason being that it is now under the new order as described above. An application can be made without having to own the land and because many of the mineral deposit resource "banks" are known , unscrupulous politicians and opportunists are capitalising on this for personal gain using political standpoints

What has been done
Many MP Owners and other I&AP's parties attended the a public participation meeting on 28 May 2019 at the Engen Garage in Hectorspruit as a result of efforts of MPPOA & MPRA were objections were raised to the Applicants.

In addition many objection forms have been collected.

A group I&AP's In the area a have formed a tast force and have also employed the services of Attorney Mr. Richard Spoor. Starting the process described in option 1 above.

The Marloth Park Conservation Trust has moved down the road described under item 2.

We have had discussions with The Federation for a Sustainable Environment. In particular Mariette Lieferink the CEO of The Federation for a Sustainable Environment. The FSE has been registered as a I&AP.
Mariette Lieferink has already contacted the consultants of the applicant and is progressing to get the EIA and EMPR to determine where their application fails to meet the requirements for approval.

We have written letters to the Mozambique government informing them of the threat to the water system supplying their most populated area in the country.

The Federation for a Sustainable Environment

The Federation for a Sustainable Environment (FSE), is a federation of community based civil society organisations committed to the realisation of the constitutional right to an environment that is not harmful to health or well-being, and to having the environment sustainably managed and protected for future generations.

The mission of FSE is specifically focused on addressing the adverse impacts of mining and industrial activities on the lives and livelihoods of vulnerable and disadvantaged communities who live and work near South Africa’s mines and industries.

FSE is a member of the Section 11 Advisory Committee of the South African Human Rights Commission (SAHRC) that has been set up to monitor and assess the implementation of the recommendations and directives arising out of the Commission’s National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa.

FSE is also actively involved in the following:
Steering Committees

Study Steering Committee (SSC): Development of the Limpopo Water Management (WMA) Area North Reconciliation Strategy (2017)
Steering Committee: National Environmental Impact Assessment and Management Framework (Department of Environmental Affairs)
Regional Steering Committee of the Catchment Management Agency for the Vaal River (Department of Water Affairs - DWS.)
DWS’ study steering committee on the Feasibility Study for a Long Term Solution to Address the Acid Mine Drainage Associated with the East, Central And West Rand Underground Mining Basins
DWS’ Expert Steering Committee for the Resource Quality Objective Determination Study for the Upper and Lower Vaal Water Management Area
DWS’ Steering Committee for the Classification of Significant Water Resources in the Upper, Middle and Lower Vaal Water Management Areas (Department of Water Affairs)
DWS’ Steering Committee on the Classification of significant water resources in the Mokolo and Matlabas catchments: Limpopo Water Management Area and Crocodile (West) and Marico WMA: WP 10506
Strategy Steering Committee (SSC) for the DWS’ Crocodile West water Supply System Reconciliation Strategy (Directorate: National Water Resource Planning)
SSC for the DWS’ Vaal River System Reconciliation Strategy Study

Leadership Groups & Task Teams

Member of the Water and Sanitation Sector Leadership Group
Implementation Task Team: Remediation Action Plan for the Wonderfonteinspruit Catchment Area (NNR and DWS)

Commissions & NGO’s

The South African Human Rights Commission’s Section 5 Advisory Committee on Mining and Acid Mine Drainage
The FSE is part of an NGO Coalition opposing an application for a Coal Mine near Wakkerstroom, which is part of Drakensberg Strategic Water Source Area which constitutes the headwaters of several critically important rivers, including the Vaal, which together form the catchments for 50% of the country’s freshwater supply.

So taking the above into consideration we consider it prudent to work with an entity that specialise in fighting the risk Marloth Park and its neighbours now face.

In addition the FSA is self funding and requests only that we as owners in Marloth Park and I&AP's consider to contribute voluntarily to their cause in the future!!
https://www.fse.org.za/
Final note
Thank you for taking the time to read this news bulletin.

It is our intention to get Mariette Lieferink the CEO of The Federation for a Sustainable Environment to do presentations in Johannesburg as well in Marloth Park in the next few weeks so that questions can be asked and information provided.

Please, if you have any input, comments, recommendations, or can assist in any way with this challenge that faces Marloth Park and our surrounding neighbours please contact either one of the following;
MP Conservation Trust - admin@PropertyOwnersOfMarlothPark.co.za
Marloth Park Property Owners Association - chairman@mppoa.info
Marloth Park Ratepayers Association - mpra.cindy@gmail.com

It is our opinion that we need to put together the most capable team to represent Marloth Park in this challenge. This is not a time for politicking and soapbox grandstanding.

Feel free to share this with anyone significant who you think could help.

This is a challenge that affects all of us!!!

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If you know someone who may find this interesting please forward it to them.

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[Lisbeth]

The State has the power to grant the application and if granted the miners have access to the land for mining.

Without taking in consideration the owners of the surface areas? That's absolutely unheard of in a democracy, even if having a Government with communist ideas.