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NEWS / 25 OCTOBER 2019, 10:04PM / SHEREE BEGA
A decision by the Minister of Forestry, Fisheries and Environmental Affairs setting aside the environmental approval for a planned open-cast coal mine on the East Rand has been hailed as "excellent" for the region.
In her decision on October 20, Minister Barbara Creecy stated that it was vital that commercial agriculture be safeguarded in the Springs/Nigel area.
Local resident, business and environmental groups had appealed the Department of Mineral Resources' (DMR) approval of the integrated environmental authorisation for the proposed Palmietkuilen coal mine in March this year.
Creecy has now upheld their appeal, setting aside the DMR's decision.
The Grootvaly Blesbokspruit Conservation Trust, the Largo and Groovaly AH Residents and Businesses, Aston Lake Community and the Springs Nigel branch of the Wildlife and Environment Society of SA, were among the organisations who had brought seven appeals against the project.
In August 2016, Anglo Operations, on behalf of Canyon Coal, applied to build the open-pit coal mine. The project is anticipated to have a life of mine of 47 years, with the anticipated production of 2 400 000 tons of coal per year to supply local and international markets.
The proposed mine is upstream of the Blesbokspruit, which feeds the Marievale Bird Sanctuary in Springs and flows into the Vaal. It is a designated a Ramsar wetland of international importance.
In her appeal decision, Creecy notes how Hugo Arthur de Koningh, the second appellant in the matter, argued that agricultural land "has to disappear for the sake of economic development" and expressed concern that "food security became more threatened".
Creecy agreed."While I am aware of the social benefits of the proposed mining, I find that such does not outweigh the need to to protect and preserve the prime agricultural land.
"The said area has been utilised for agricultural activities for generations and can go on to be used for such provided soil disturbances are avoided."
"One of the biggest threats to the retention of productive agricultural land is the conflict between agriculture and mining land uses. With the matter at hand, I find that it is vital to preserve the current land use, mainly commercial agriculture," Creecy said.
"This is excellent news for Springs and the farmers of our area and our thanks to all who participated in the seven appeals that were lodged," said the attorney in the case, Philip De Jager.
"I would, however, point out that the applicant is entitled to have this decision judicially reviewed."
Local environmentalist Stan Madden, the "father of the Blesbokspruit", welcomed Creecy's decision. "I was one of the group of organisations (Springs-Nigel branch of Wessa) that were against the environmental authorisation in the Palmietkuilen area.
"I and others are very pleased with the Minister's decision not to grant this authorisation. It does give a little hope for the future of this sensitive wetland and agricultural heartland, Madden said.
Mariette Liefferink, the CEO of the Federation for a Sustainable Environment, said it was "heartened" by Creecy's decision to uphold the appeal by interested and affected parties and to set aside the decision by the DMR.
"It demonstrates the power of active citizenry to ensure that development is ecological sustainable and economically justifiable.
"With South Africa being a water scarce country, with a rapid population growth that consumes a substantial amount of food and water, and vulnerable to the potential impacts of climate change and climate variability, the proposed open cast coal mine would have compromised sustainability and would have exceeded environmental tipping points," she said.
In their appeals, residents cited how an objection by the then Department of Agriculture, Forestry and Fisheries against the loss of high agricultural land was ignored by the DMR.
On September 25, comments were provided to Creecy by the now Department of Agriculture, Land Reform and Rural Development, indicating that the proposed mining activity is located within a proposed protected agricultural area, which has a priority rating of B.
"According to DALRRD, this means that this area is regarded as high potential agricultural land, which should be protected for agricultural production purposes," Creecy noted.
The directorate of spatial information management within Creecy's department was requested to do a screening of the proposed mining area, "which confirms that the site comprises mainly very sensitive agricultural areas", she said.
The DMR had stated that the impact on agricultural land was considered and assessed and studies had shown how the proposed mining activity "will have minimal and acceptable impacts on food security".
According the Draft Water and Sanitation Master Plan, 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. Furthermore, 57% of river ecosystem types and 65% of wetland eco system types are threatened, making wetlands the most threatened of all ecosystems.
In view of the above mentioned threats, the FSE, a member of the Coalition, who defended the protection of the Enkangala-Drakensberg Strategic Water Source Area, where Atha Proposes to mine coal, salutes the latest decision by the Constitutional Court.
Press statement attached.
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The report for October is attached for download.
Open letter to the presidency attached for download.
Successful Appeal against the Decision to Grant an Integrated Environmental Authorisation to Anglo Operations (Pty) Ltd in respect of a Mining Right Application relating to opencast coal mining on Farm Palmietkuilen. The FSE assisted and supported the 1st and 3rd Appellants, namely Largo and Grootvaly A H Residents and Businesses and the Grootvaly Blesbokspruit Conservation Trust with their Appeals.
Appeal decision attached.
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Watch the video here.
The report is attached for download.
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Article also available for download as an attachment.
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