2010-IFP Ollis-Q1913 - Centre for Environmental Rights

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NATIONAL ASSEMBLY

(For written reply)

QUESTION NO. 1913

INTERNAL QUESTION PAPER NO. NW2300E

DATE OF PUBLICATION: 26 July 2010

Mr I M Ollis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to her reply to question 1876 on 24 June 2010, there have been any further meetings since 14 April 2010 between her and the Minister of Mineral Resources regarding

(a) the granting of the mining right near Mapungubwe and (b) protocols on mining in sensitive areas; if not, why not; if so, what are the relevant details;

(2) Whether she has commissioned environmental management frameworks to determine the limits to mining in certain areas; if not, why not; if so, what are the relevant details in each case?

Mr I M Ollis (DA)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

NATIONAL ASSEMBLY QUESTION 1913 NW2300E

1913. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) Yes, a meeting with the Minister of Mineral Resources was held on 21 June 2010 to discuss the following issues:

(i)

(ii) the granting of mining rights at Mapungubwe; the possibility of a site visit;

(iii) the alignment of the Mineral and Petroleum Resources Development Amendment

Act and the National Environmental Management Act;

(iv) the response to UNESCO queries; and

(v) the establishment of a task team to deal with the abovementioned issues.

(b) No, a protocol for mining in sensitive areas was not discussed.

(2) The Minister and some provincial MECs, in concurrence with the Minister, have commissioned various Environmental Management Frameworks (EMFs) for areas where mining constitutes one of the development pressures. All EMFs commissioned their status as at 31 May 2010 and the relevance to mining pressure areas are summarised in Annexure A hereto. Included is the development of an EMF to address environmental challenges related to, amongst others, mining activities in and around the Mapungubwe World Heritage Site during the 2010/11 financial year. The appointment of the service provider for this EMF is expected to be finalized before 31 December

2010. It must however be emphasised that an EMF does not have the legal standing to limit or prohibit mining or any other development activity. Its purpose, based on the receiving environment, is to determine the desired future state of the environment; cumulative impacts and benefits and the resultant level of acceptable or desired change to the baseline, and to identify the environmental management zones within the study area. Environmental management zones are, inter alia, indicative of desirable and undesirable development activities and land uses and any application for a development activity will need to be measured against the EMF. Currently, in terms of the legislative framework, mining activities are only proactively and legally restricted in areas protected through section 48 of the National Environmental Management: Protected Areas Act, 2003, and areas identified and Gazetted by the Minister of Mineral Resources in terms of section 49 of the

Mineral and Petroleum Resources Development Act, 2002 (the MPRDA). The Department is not aware of any area identified in terms of section 49 of the MPRDA.

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NATIONAL ASSEMBLY QUESTION 1913 NW2300E

ANNEXURE A

Environmental Management Frameworks (Current)

Province

Eastern Cape

Gauteng

Free State

KwaZulu-Natal

Limpopo

Mpumalanga

EMF name

Great –Kei Boknes

Nelson Mandela Bay

Sedibeng

Cradle of Human Kind

Dinokeng

GDARD Regional

Metsweding

Status

Draft EMF

Draft desired state

Draft status quo

Draft desired state

Draft EMF

Draft EMF

Not yet commenced

Outstanding (expected deliverable)

Draft EMF report & GIS MEC

Draft desired state report MEC

Contract terminated MEC

Draft desired state report MEC

Draft EMF report & GIS MEC

Concurrence with EMF

(Draft EMF submitted 27

April 2010)

Re-advertisement of

MEC

MEC tender due to irregularities.

Draft EMF report & GIS Minister

Approval of TORs Minister

Minister /

MEC initiated

Mining Pressure area

(Yes / No)

No

No

Partially (gold)

No

Partially (sand)

Partially

Partially

Yes

Partially

Dihlabeng

Vredefort (cross boundary to North West)

Msunduzi

Umhlathuze

Newcastle

OLEMF (cross-boundary to Mpumalanga)

Waterberg

Mapungubwe

Emakhazeni

Draft EMF

TORs prepared

Draft EMF

Draft EMF

Not yet commenced

Completed and adopted by Minister

Inception

TORs prepared

Adopted by MEC

Draft EMF report & GIS Minister

Draft EMF & GIS, training, lessons learnt report.

MEC

Advertisement of tender MEC

Finalized Minister

Draft status quo report

Approval of TORs

Finalised

Minister

Minister

Minister

No

No

No

Yes

Yes

Yes

Yes

NATIONAL ASSEMBLY QUESTION 1913 NW2300E

Province

Northern Cape

North West

Western Cape

EMF name Status

Pixley Ka Seme

Gert Sibande

Inception

Draft desired state

Albert Luthuli/ Msukaligwa Draft EMF

Umjindi

Siyanda

Namakwa

Rustenburg

Madibeng

Advertised

Adopted by MEC

Draft status quo

(revised)

Draft EMF

Complete & not yet adopted

Tlokwe

Magaliesburg

Saldanha EMF

City of Cape Town

Central Karoo DM

Draft EMF

Complete & adopted by

MEC

Inception

Draft EMF

Not yet commenced

Sandveld

Upper Breede

Garden Route

Not yet commenced

Not yet commenced

Draft EMF

Outstanding (expected deliverable)

Draft status quo Minister

Draft desired state report MEC

Draft EMF

Tender evaluation

Finalised

MEC

MEC

MEC

Draft status quo report

(revised)

MEC

Draft EMF report & GIS MEC

MEC Finalized. Request for concurrence outstanding from province.

Finalized

Finalized

MEC

MEC

Minister /

MEC initiated

Mining Pressure area

(Yes / No)

Yes

Yes

Yes

Yes

Partially

Yes

Yes

Yes

Yes

Partially

Draft status quo report MEC

Draft EMF report & GIS MEC

Appointment of service provider

MEC

Appointment of service provider

MEC

Appointment of service provider

MEC

Draft EMF report & GIS Minister

No

No

No

Yes

No

No

NATIONAL ASSEMBLY QUESTION 1913 NW2300E

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