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Friday, 05 April 2019 16:25

ACG Paste 2019 Conference

The Australian Centre for Geomechanics will be holding the  22nd International Conference on Paste, Thickened and Filtered Tailings in Cape Town, South Africa from 8–10 May 2019, in collaboration with Paterson & Cooke.

 

This will be the fifth time that the event will be held in Southern Africa: Pilanesberg (2001), Cape Town (2004), Botswana (2008) and Rustenburg (2012).

Southern Africa, as a region, is water scarce and has experienced severe droughts for the last few years. Together with changes in local legislation requiring facilities to be lined, there is a renewed interest in paste and thickened tailings and dry stack filter options in the region.

Mariette Liefferink, the CEO of the Federation for a Sustainable Environment, South Africa will be presenting the keynote address on the 10th of May 2019, titled “Selected extracts from South Africa’s environmental legislation, challenges with the management of gold tailings within the Witwatersrand gold fields and case studies”

 

See program here.

Notes on the Gauteng EIA Sector Stakeholder Seminar - 12 March 2019 are attached for download.

 

Monday, 01 April 2019 11:58

2019 SA Mining: FSE on a war path

Environmental Management

An article written by Nelendhre Moodley in SA Mining is attached as PDF.

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ABOUT OUR PROPERTY RIGHTS COVERAGE

This story is part of  place , our new website shining a light on land & property rights around the world.

 

Access to water is a hot topic in South Africa - and a growing number of countries hit by climate change, burgeoning populations and poor governance

By Kim Harrisberg

 

Faeces in the kitchen: South Africans call for better sewage systems

by Kim Harrisberg | @KimHarrisberg | Thomson Reuters Foundation

Thursday, 21 March 2019 07:59 GMT

 

JOHANNESBURG, March 21 (Thomson Reuters Foundation) - Raw excrement, condoms and sanitary products regularly spill into homes and parks, South Africans said ahead of Friday's World Water Day - just some of about 4.5 billion people globally without safe sanitation, promised for all by 2030.

Residents are lobbying for urgent rehabilitation of sewage works by South Africa's Department of Water and Sanitation, widely criticised for lack of investment, non-payment of contractors, poor revenue collection, water theft and leakage.

"We have had water flowing into our street and home for the last three years," Heather Crosley, who lives in South Africa's biggest city, Johannesburg, told the Thomson Reuters Foundation.

"When it rains heavily, the manhole lids blows off; sewage rushes down the road and sometimes comes into our kitchen. We have found condoms, tampons and faeces in our kitchen on more than one occasion."

Under global development goals agreed in 2015, governments pledged to provide access to water and sanitation for all by 2030. But three in 10 people worldwide do not have a water source free from faecal and chemical contamination.

The spokesman for the water department, Sputnik Ratau, said setting up an independent regulator to improve management was "paramount", although he did not have a specific timeline.

"The Ministry and Department are seized with the work of ensuring this comes to pass," he said.

Access to water is a hot topic in South Africa - and a growing number of countries hit by climate change, burgeoning populations and poor governance - as drought last year triggered warnings that Cape Town's taps could run dry.

In Johannesburg's Soweto township, residents often see untreated waste water and excrement flow into tributaries that lead to the Vaal River, one of the country's main water sources.

"In Snake Park, sewage is currently flowing into a community-built park so the children have nowhere safe to play," said community activist Tiny Dlamini.

Untreated water can cause diarrhea and cholera, which can be fatal, particularly for children.

About 56 percent of South Africa's waste water treatment works are in a poor or critical state, said Mariette Liefferink, head of the Federation for a Sustainable Environment, which campaigns against water pollution caused by mining.

"This is a perfect storm of mismanagement that currently impacts 14 million South Africans without access to decent sanitation," said Christine Colvin, a water expert with the World Wide Fund for Nature South Africa.

(Reporting by Kim Harrisberg @kimharrisberg, Editing by Katy Migiro. Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers humanitarian news, women's and LGBT+ rights, human trafficking, property rights, and climate change. Visit http://news.trust.org

Sunday, 24 March 2019 10:41

FSE's ACTIVITES IN FEBRUARY 2019

The document is attached for download.

INFORMATION ON:

  1. The Gauteng EIA Sector Stakeholder Seminar, which was held on the 12 March 2019; and 
  2. The Department of Water and Sanitation, Directorate: National Water Resource Planning - Strategy Steering Committee (SSC) meeting for the continuation of the Integrated Vaal River System Reconciliation Strategy Study – Phase 2, which was held on the 13th of March, 2019.

The FSE is in possession of the subjoined presentations and supporting documentation pertaining to the Gauteng EIA Sector Stakeholder Seminar, which the FSE will forward on request. 


The FSE’s presentation is attached hereto.

These documents include:

  • The Phased Activities Explanatory Document, updated in February 2015. 
  • Presentations from:

1.   EAPASA and 

2.   The Federation for a Sustainable Environment.

  • The following Explanatory documents: 
    • EIA Validity Period Explanatory Document
    • Clearance of Indigenous Vegetation  Explanatory Document
    • Decommissioning Explanatory Document
    • Regulation 54A Explanatory Document
  • The Activities and Time-Lines Document.  This document will assist in understanding Section 24G applications and / or identification of listed or specified activities (if any). 
  • DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT GAUTENG (GDARD) PROVINCIAL ENVIRONMENT MANAGEMENT FRAMEWORK STANDARD
  • GDARD: Presentation of the Mapping of Environmental Decisions
  • Presentations by Department of Mineral Resources (North West, Western Cape and KZN) (attached) – unfortunately DMR (Gauteng Region) did not present
  • Presentations of DEA:
    • IPS and NEMA Section 24G
    • Waste Management Licencing 
    • CSPS Admin
    • EIAs 
  • Energy Applications Explanatory Document for GNR 779
    • Annexure A: Published Notice –GNR 779 of 1 July 2016
    • Annexure B: Electricity Regulations on New Generation Capacity
    • Annexure C: Renewable Energy Determination
    • Annexure D: Coal and Hydro Determination
    • Annexure E: Gas Determination
    • Annexure F: Cogeneration Determination
    • Annexure G: Nuclear Determination

The FSE is a member of the Department of Water and Sanitation’s Steering Committee for the Continuation of the Integrated Vaal River System reconciliation Strategy Study – Phase 2 and participated in the 2nd SCC which was held on the 13th of February, 2019.

The Agenda included the following Items:

  1. Study Progress Overview
  2. Parallel National and International Processes
    1. National Water and Sanitation Master Plan
    2. ORASECOM Climate Resilient Water Resources Investment Strategy and L-BWT project
  3. Strategy Interventions (Current Status)
    1. Water conservation/water Demand Management (Urban Sector)
    2. Rand Water Project 1600
    3. City of Tshwane Water Resources Master Plan Implementation
    4. Irrigation Management

i.      Eradication of Unlawful Irrigation

ii.      DWS Water Management Plans

iii.      Implementation of LHWP Phase 2

iv.      Noordoewer/Vioolsdrift Dam Feasibility Study

v.      Water Quality Management

        1. Implementation of Long-Term AMD Solution
        2. Dilution Assessment
        3. Water Quality Management Strategy TOR

4. Water Balance Status

 

The FSE will supply the above-mentioned presentations on request.

Tuesday, 12 March 2019 14:37

FSE'S ARTICLES IN SPILPUNT

Click on the issues below to view FSE's articles in Spilpunt magazine.

(credit to Spilpunt magazine)

 

The FSE's comments on the Department of Environmental Affairs' Multi-Stakeholder Workshop - Dust Management Strategy is attached for download.

Monday, 25 February 2019 14:08

FSE 2018 INTEGRATED ANNUAL REPORT

The FSE Integrated Annual Report is attached for download.

Monday, 25 February 2019 13:48

A Battle to Hold Mining Company Accountable

A Battle to Hold Mining Company Accountable

Mintails left behind a R460 million ‘environmental mess’

Saturday Star | 23 Feb 2019 | SHEREE BEGA

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MINTAILS, a gold mining company on the West Rand, has long been red-flagged for causing environmental damage at its operations. | BHEKIKHAYA MABASO African News Agency (ANA)

 

MARIETTE Liefferink toys absently with the faux gold necklace coiled tightly around her neck like a scarf.

“Perhaps, if people ask me, I can say we can all look pretty with imitation gold,” she says, flashing a smile.

The 65-year-old mining activist does not wear real gold – and she never will. The reason lies all around her here on the polluted gold fields of the West Rand.

Today, the chief executive of the Federation for a Sustainable Environment (FSE) is showing the R460 million environmental “mess” left behind by Mintails, a liquidated gold mining and tailings processing company listed on the Australian Stock Exchange.

She gestures to a cluster of unrehabilitated mine dumps on Main Reef Road. “At all their sites, there’s no access control, no stormwater and dust control or any other mitigation or management of the dumps and tailings storage facilities. This has created opportunities for zama zamas to conduct their mining operations.”

For the past 12 years, Liefferink’s quest has been to obtain “justice for communities, future generations and the mute receiving environment” affected by Mintails expansive operations stretching across Krugersdorp and Randfontein.

She has spent hundreds of hours compiling complaints and requests to authorities for investigations and enforcement, lodging Promotion of Access to Information Act requests and analysing water quality results.

The embattled firm applied for business rescue in October 2015, but was liquidated in September last year. It has an unfunded environmental liability of R485 million, but only around R25 million financial provision in its environmental rehabilitation funds.

The “delinquency”, argues Liefferink, is not only on the part of the firm and its directors but also the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS) for their non-enforcement of the National Environmental Management Act (NEMA), National Water Act and the Minerals and Petroleum Resources Development Act (MPRDA).

“The DMR, as well as the DWS, allowed Mintails to operate from 2012 to 2018 without a mining right, an approved environmental management programme report and financial provisions.”

While the DMR and DWS issued the company with several pre-directives and directives for non-compliance since 2013, these were not enforced.

“This resulted in this unfunded environmental liability of R460 million, clusters of open pits of 40m deep, partially reclaimed tailings storage facilities, unrehabilitated footprints and toxic and radioactive dams.”

Last week, the Legal Resources Centre (LRC), which represents the FSE, sent a final letter of demand to the DMR and DWS, to urgently intervene in addressing Mintails’ pollution. If the departments did not adequately respond by yesterday, the matter will head to court imminently.

The letter states that the DMR and DWS must enforce their directives as a matter of urgency and provide a date by when compliance must be achieved by the liquidators and directors.

“The DWS, the Mintails Group and their violations was an agenda item on every Wonderfonteinspruit catchment management forum meeting with minutes taken. No action was taken by DWS,” states Lucien Limacher, the acting regional director of the LRC, in the letter.

The letter demands that the DMR and the DWS must issue new directives to the liquidators and directors of Mintails to start remedial action and “contain the toxic sludge that is currently polluting and degrading the environment as a matter of urgency”. Further damage is allegedly being caused by continuing open pit mining.

The DMR “must take reasonable measures to remedy the situation” or apply to a competent court should the Mintails Group not comply or inadequately comply with the directives.

“Should the Mintails Group not comply with the directives, in terms of NEMA, the DMR (must) issue an ex parte application against the Mintails Group to attach and seize property and cover the expenses of the rehabilitation in terms of section 45 of the MPRDA.”

The letter also states how the DMR and the Commission and Intellectual Property Commission “must hold accountable the directors of Mintails for the rehabilitation infringements by bringing a delinquency application” under the Companies Act.

“The directors have grossly abused the position of director, intentionally or negligently, inflicted harm upon the company and the subsidiaries, acted in a manner that amounted to gross negligence and have repeatedly been personally subject to directives from the DMR and DWS.”

In November, a report by the Parliamentary portfolio committee on mineral resources stated how the DMR had failed to ensure Mintails had made the required provision to repair over R300m of environmental damage. The report was sparked by a probe into Mintails collapse by investigative environmental journalism unit, Oxpeckers.

“The committee is often confronted by instances of the devastation caused by careless mining where the DMR says it is a state liability because no one can be found to take responsibility.

“In the case of the Mintails operation, this mine went into business rescue in 2015, at a time when the mining company had an unfunded environmental liability of over R300m. It had saved barely R20m for all its responsibilities.”

The committee’s report noted how Mintails disputed its environmental liability, employing consultants who offered estimates far lower than those of the DMR.

The National Nuclear Regulator (NNR), which conducted a site visit in December as the waste had a “radioactive/nuclear element, according to the FSE, says an internal process is under way.

“You can rest assured that the NNR will play its regulatory role and discharge its responsibilities in accordance with its mandate regarding this matter,” it says.

Sputnik Ratau, spokesperson for the DWS, explains how it issued Mintails with a pre-directive in November 2017. “This required Mintails to cease the seepage of Lancaster Dam wall, clean historic spillages along the reclamation pipeline, rehabilitate the wetlands in the proximity of its tailing storage facility and address inadequate stormwater management.”

But the Mintails response to the pre-directive was “deemed unsatisfactory” by the DWS in a letter dated June 28 2018.” The firm then submitted a detailed implementation plan to curb the pollution to the DWS on July 2.

However, when Mintails was placed under provisional liquidation in August last year, this “derailed all the progress that was achieved through the pre-directive process”.

The DWS is now seeking legal advice internally. “Does the issued pre-directive and commitment made by Mintails carry over to the liquidators, directors and business rescue practitioner? Are the directors and business rescue practitioner legally obliged to comply to the issued pre-directive and implementation plan submitted by Mintails?

“Are the liquidators legally obligated to deal with operational issues such as a directive and pollution considering that they are appointed for a limited period to collect all the assets of the mine to settle the claims of its creditors and distribute any of the remainder of the assets to the shareholders of the mine.”

The DWS was previously advised in a similar case that it is not the duty of liquidators to manage the day to day business. “Their objective is to realise assets on behalf of creditors. As such, liquidators cannot be directed to manage pollution.”

Liefferink worries about impunity. “It would appear when a mining company is in business rescue or liquidation, then the directors and liquidators have no duty of care and simply walk away. The environment, future generations and communities must carry the impact, as in the case of Blyvoor and Aurora. That is totally contrary to the polluter pays principle.”

Ratau says the DWS would conduct a site investigation with the liquidators yesterday to “verify the allegations of pollution”.

The mandate of rehabilitation rests with the DMR. “However, DWS is engaging the DMR to ensure that water resources are protected.”

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