A media conference regarding a court ruling passed in the Western Cape High Court on 20 August 2010 will be hosted by the provincial Minister of Local Government, Environmental Affairs and Development Planning, Mr Anton Bredell as follows:
Date: Tuesday, 24 August 2010
Time: 09h00 to 10h00
Venue: 1 Dorp Street, Utilitas Building's board room, fourth floor
Tensions and a difference of interpretive legislative opinion led to a deadlock in the Western Cape high court between the three spheres of government in terms of how mining activities are regulated.
A decision passed by the Western Cape High Court, 20 August 2010, paves a clear outline of how and why national, provincial and municipal legislation must be considered on an integrated level before decisions are made which will impact on the socio-economic landscape of citizens and more specifically on the environment within which we live.
Judges Davis and Baartman delivered their judgement in the Cape High Court case: City of Cape Town and Minister of Local Government, Environmental Affairs and Development Planning versus Maccsand (Pty) Ltd and the Minister of Minerals and Energy and others (Case No. 4217/2009 and 5932/2009).
Summary of court order
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Maccsand may not commence or continue with mining operations until and unless authorisation has been granted in terms of the Land Use Planning Ordinance 15 of 1985 (LUPO) for the land in question to be used for mining
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Maccsand may not commence or continue with mining operations on the properties until and unless an environmental authorisation has been granted in terms of the National Environmental Management Act 107 of 1998 (NEMA) for the carrying out any applicable listed activity on the land in question (in this instance items 12: the transformation or removal of indigenous vegetation of three hectares or more or of any size where the transformation or removal would occur within a critically endangered or an endangered ecosystem listed in terms of section 52 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) and 20: the transformation of an area zoned for use as public open space or for a conservation purpose to another use, of GN No. R. 386 of 21 April 2006
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Maccsand is interdicted from commencing or continuing with mining operations on the properties until and unless the LUPO and NEMA authorisations has been obtained
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Maccsand and the Minister of Mineral Resources must pay the costs of all the parties.
Contact:
Aziel Gangerdine
Tel: 021 483 4643
Fax : 021 483 3211
Cell: 079 401 0687
E-mail: agangerd@pgwc.gov.za
Source: Western Cape Provincial Government
