Mining in or Close to Protected Areas

[Toko]

Mine lays claim to Mpumalanga water catchment area

30 JAN 2015 00:00FIONA MCLEOD, FRANZ FULS

An Indian company this week declared its intention to mine in a critical water catchment area in Mpumalanga, just one year after the area was proclaimed a protected area.

Atha-Africa Ventures called a meeting with landowners in the Mabola protected environment, where the company claims to have a right to mine coal.

Mabola is one of five important water sources in Mpumalanga that were proclaimed protected environments in January last year by Pinky Phosa, then the MEC for economic development, environment and tourism. Proclamation enables government authorities and private landowners to work together to protect ecosystems of high value.

At the meeting in the Wakkerstroom Country Inn last Friday, Atha-Africa Ventures representatives told the half-dozen landowners present that the company had been granted a mining right for Mabola but that it had not been “executed”.

Atha-Africa was represented by its senior vice-president, Praveer Tripathi, and Sizwe Zuma, who registered himself at the meeting as a director of the company.

Zuma clan
In the corridors of power in the provincial Mpumalanga government, Zuma is rumoured to be “part of the Zuma clan” in KwaZulu-Natal. Asked about his family connections this week, he refused to say anything other than that Tripathi “is the only person who can talk on behalf of Atha”.

Tripathi said Zuma was not a director but represented a trust that is a black economic empowerment partner with a shareholding in Atha-Africa Ventures. He refused to name the trust.

Tripathi is an overseas manager for the Atha Group, one of the oldest mining companies in India. He has a BSc degree in mechanical engineering from Bharathiar University and “is well versed in working with various regulatory departments of mining and minerals in the African continent”, according to his CV.

Atha-Africa Ventures registered in South Africa in 2004, and the company bought a prospecting right for Yzermyn in Mabola from BHP Billiton in 2011.

Tripathi said this week the department of mineral resources had accepted the mining right in 2013, about eight months before the Mabola protected environment was declared.

“The mining right was already accepted, the protected environment came later,” he said. “It was an existing right. This is where the conflict comes in.”

Ministerial permission
Environmental organisations involved in the proclamation of Mabola said legislation allowed for prospecting and mining in a protected environment, but only with the written permission of both the ministers of mineral resources and of environmental affairs.

“Any right granted would effectively be sterile until such permission has been obtained,” said Melissa Fourie, director of the Centre for Environmental Rights. “Penalties for proceeding in contravention of the relevant legislation include a fine of up to R10-million and prison terms of between five and 10 years.”

The battle over Mabola could set a precedent for protected areas throughout South Africa, Marthán Theart, an attorney at the centre, said.

“As a signatory to the Convention on Biological Diversity, South Africa has pledged to conserve 12% of its terrestrial area. Currently, less than 7% of the country is conserved.”

Protected environments add to the country’s conservation basket by allowing private properties and landowners to collaborate in biodiversity stewardship.

Official data shows that 11 protected environments had been declared by September last year, covering nearly 197 000 hectares. At least 20 new areas, comprising more than 246 400 hectares, were being negotiated last September.

“The Protected Areas Act allows for a broader range of compatible land uses to happen in a protected environment than, say, a national park or nature reserve. It is still a relatively new arrangement but it is growing,” said Tracey Cumming, a policy adviser at the South African National Biodiversity Institute.

Protected environment
Mabola covers 8 772 hectares between Wakkerstroom and northern KwaZulu-Natal and is a high-yielding water catchment area that feeds the Limpopo River. Private landowners in the area, mostly farmers, agreed to make it a protected environment after years of negotiations with some of South Africa’s largest environmental nongovernmental organisations and the Mpumalanga Tourism and Parks Agency.

Their objections to mining included its potential to “de-water” wetlands that cover about 2 000 hectares of Mabola. Atha-Africa previously told the farmers it planned underground mining at Yzermyn, but they fear that, if the operation follows in the footsteps of a neighbouring mine, Kangra Coal, the earth could be too wet and Atha-Africa would have to ask for permission to change its plans to an opencast mine, with huge implications for the local agricultural community.

The chairperson of the Mabola landowners’ association, Oubaas Malan, said no conclusion had been reached at the meeting with Atha-Africa. “They need to do their homework on risks and mitigation measures, and will get back to us by the middle of March,” he said.

Labour tenants were not part of the association, but they also had to be consulted before mining could go ahead, said Nathaniah Jacobs, from Lawyers for Human Rights.

“The devastating impact of mining on the livelihoods of rural occupiers affects both the economic and tenure security of labour tenant families,” Jacobs said.

‘Double dispossession’
“The effect of mining activities without regard for the rights and interests of lawful occupiers often results in these families and communities suffering a double dispossession of land.”

A local farmworker who did not want to be named said the Yzermyn colliery could bring work and infrastructure to the area. But it was difficult for farmworkers to attend the meetings, he said, because they did not receive proper notification and the meetings were often held in distant towns.

He expressed concerns that an increase in trucks transporting coal could kill his children, and he did not know what effect dust and blasting would have on his family.

“We were told we would benefit from the mine, but we are not sure of our expectations. We just hope to get what we want,” he said.

The crux of the Mabola matter, Theart said, was that the Protected Areas Act provided for mining as an acceptable land use, but did not provide regulations or guidelines on factors that the ministers had to consider when deciding whether to grant permission for mining to take place in a protected environment.

“A starting point would obviously be the requirements for the declaration of the protected environment. If an area deserves protection, those same motivations should be extremely relevant to any decision to allow mining,” he said.

Poorly protected ecosystem
The five protected environments proclaimed in Mpumalanga last year cover 73 000 hectares of grasslands, the most poorly protected ecosystem in South Africa.

Jacques Modipane, then chief executive of the Mpumalanga Tourism and Parks Agency, said at the time: “The protection of these properties under national legislation not only secures important areas of grassland biodiversity for future generations but also enables landowners within these protected areas to work collectively to conserve their land, to implement sustainable land-use practices and to safeguard against land uses that could end up destroying the area.”

Modipane was suspended by the agency’s board in late December, for reasons that he described to the New Age as “politically motivated”.

Theart said about 63% of the land in Mpumalanga was currently being mined or was the subject of mining right applications.

“As most of this land is privately owned, one of the few planning tools that would legally protect important biodiversity areas is the declaration of protected environments by the MEC responsible for environmental affairs in the province.

“If the relevant national ministers effectively override the MEC’s attempt to protect important biodiversity in the province, it may well discourage the MEC from making such declarations in future,” he said.

Renewed pressure
If mining at Mabola was given the go-ahead, it would renew pressure on other valuable ecosystems in the province in which mining companies had shown an interest, such as Chrissiesmeer, he said.

“It is possible that farmers in Mpumalanga would become more disillusioned with the protected areas process and refuse to consent to the declaration of protected environments in future.”

Questions sent to the national environment department about what conditions would make mining acceptable at Mabola were unanswered at the time of going to press.

Angus Burns, the manager of the grasslands programme of the Worldwide Fund for Nature South Africa, said, although the department made a decision, “immense political pressure is seemingly being put on the decision-makers by politicians within Mpumalanga and elsewhere to investigate de-proclamation to facilitate mining, or allow mining in the protected area with certain conditions.

“The implications are very worrying for South Africa’s water and food security and biodiversity heritage,” he said. – oxpeckers.org

Fiona Macleod and Franz Fuls are correspondents for the Oxpeckers Centre for Investigative Environmental Journalism. This investigation was partly funded by the Forum for African Investigative Reporters.

[Richprins]

In the corridors of power in the provincial Mpumalanga government, Zuma is rumoured to be “part of the Zuma clan” in KwaZulu-Natal. Asked about his family connections this week, he refused to say anything other than that Tripathi “is the only person who can talk on behalf of Atha”.

Tripathi said Zuma was not a director but represented a trust that is a black economic empowerment partner with a shareholding in Atha-Africa Ventures. He refused to name the trust.

Tripathi is an overseas manager for the Atha Group, one of the oldest mining companies in India. He has a BSc degree in mechanical engineering from Bharathiar University and “is well versed in working with various regulatory departments of mining and minerals in the African continent”, according to his CV.


Wonder why foreign companies always come and take SA resources?


There is a Gupta in Atha...




Mr. Amit Gupta
A seasoned professional in Steel & Power Industry. Mr. Gupta brings strength to the group with his leadership qualities & vast experience in managing steel, power and cement companies. As an Executive Director of our Group company, he is responsible for the overall business development.

Wonder if he has connections?

[RogerFraser]

There have been a few Facebook posts that a new application is being made for mining rights near Marloth park- Ngewna Lodge -Crocodile bridge region. This was previously fought off with legal action but appears to have come back with rumors of Chinese mining concerns involved .Will keep members informed some of the posts received are :

23rd July 2018 - We have received notice of a mining registration application for Tenbosch area again and are investigating. We will keep you posted. See Denis Goffinet for detail.
Ref no: MP 30/5/1/1/2/187317 MP

Julie Hanson: The application for mining rights is for the Farm Tenbosh 162 JU, Turfbult 593 JU, Tecklenburgs Ranch 548 JU. A total of 17 913 hectares in our area.

Any members with access to the applications who can find anymore details of the plans please post here .

The previous application details :
https://lowvelder.co.za/248417/mining-n ... park-area/

[Richprins]

Forwarded!

[RogerFraser]

further details of the notice to register on Fb for Marloth Park owners :

03 Aug 2018 - Mining Rights Application:
Marloth Park Property Owners Association (MPPOA) have spoken to Mr Raymond Zulu of Manzolwandle Investments regarding their request for comments for the mining rights application. We also did a CPIC search on the company and it is active. The share-holders are the same as the previous Directors from SA (Pty) Ltd that applied for prospection rights for open cast iron ore. We need to respond urgently. All our members and non members need to sign the interested and affected party’s data sheet. Please see the documents here below. Signed copies should kindly be sent to secretary@mppoa.info. If people do not have access to scan facilities and e-mail they can complete and drop the forms at the MPPOA office

[Richprins]

Thanks, Rog!

[Lisbeth]

[RogerFraser]

https://corridorgazette.co.za/276492/re ... op-mining/

MARLOTH PARK – Residents and property owners in the area are banding together to fight an application for prospecting rights in the area.

In 2015 the Marloth Park Property Owners Association (MPPOA) helped to block prospecting rights applications from a different company and hope to do so again.


Denis Goffinet of MPPOA, Cindy Benson of Marloth Park Ratepayers Association (MPRA) and their colleagues have been working on finding out as much as they can about the application, company and prospective mining activities.

Currently Manzolwandle Investments, situated in eMalahleni is conducting consultations with interested and affected parties.

The prospecting area comprises portions of Tenbosch 162 JU, Turfbult 593 JU and Tecklenburg’s Rach 548 JU.

According to the comment form sent to interested and affected parties, this is subject to Regulation 17 of the Mine Health and Safety Act and excludes any area within 100 metres of any public road, railway, cemetery, residential or public area.

Tenbosch 162 JU borders the Crocodile River next to the Kruger National Park, Marloth Park, Lionspruit and Ngwenya Lodge.

The mining rights being applied for are reportedly aimed at open-pit anthracite mining.

MPPOA stipulated several areas of concern, which included:

• Impact on local fauna and flora

• Near protected areas such as Marloth Park and the Kruger National Park

• Noise, groundwater, surface water and air pollution

• Security risks

• Land use and rehabilitation

• Visual impact

• Migrant jobseekers.

The possible serious negative impact on the fauna and flora, and as a result the loss of tourists heading to the area, is of great concern. If this happens, it will result in the loss of thousands of jobs in the area.

MPPOA and the MPRA are urging residents and property owners to register as interested and affected parties and work together to help stop mining or prospecting before it gets off the ground.

The registration forms for interested and affected parties can be requested from the MPPOA office at Marlothi Shopping Centre or via email to secretary@mppoa.info. Members of the MPRA can contact Benson on 083-380-7212 or mpra.cindy@gmail.com.

[Lisbeth]

It's a scandal! How do they even dare to ask for mining rights in such an area

I have sent the registration form

[Richprins]

They have been through all this before and failed, what is different now?