The national Department of Environmental Affairs (DEA) can confirm that an environmental authorisation was granted to Coal of Africa on 5 July 2011 in respect of the Section 24G application for the rectification of certain activities unlawfully commenced with at the Vele Colliery.
The environmental authorisation is granted for the following listed activities:
GN R. 386:
Item 1(m): (The construction of facilities or infrastructure, including associated structures or infrastructure, for) any purpose in the one in ten year flood line of a river or stream, or within 32 metres from the bank of a river or stream where the flood line is unknown, excluding purposes associated with existing residential use, but including:
(i) Canals
(ii) Channels
(iii) Bridges
(iv) Dams and
(v) Weirs
Item 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);
Item 15: The construction of a road that is wider than 4 metres or that has a reserve wider than six metres, excluding roads that fall within the ambit of another listed activity or which are access roads of less than 30 metres long;
Item 16 (b): (The transformation of undeveloped, vacant or derelict land to) residential, mixed, retail, commercial, industrial or institutional use where such development does not constitute infill and where the total area to be transformed is bigger than one hectare;
GN R.387:
Item two: Any development activity, including associated structures and infrastructure, where the total area of the developed area is, or is intended to be, 20 hectares or more; and;
Item six: The construction of a dam where the highest part of the dam wall, as measured from the outside toe of the wall to the highest part of the wall, is five metres or higher or where the high-water mark of the dam covers an area of 10 hectares or more.
The applicant (Coal of Africa) illegally commenced with listed activities (without an environmental authorisation), thus contravening the National Environment Management Act (NEMA). On 5 August 2010, DEA issued Coal of Africa with a Compliance Notice for the commencement of activities in contravention of the requirements of the NEMA. In compliance with the notice, all relevant activities ceased within the timeframes stipulated. An application to rectify the unlawful commencement of listed activities in terms of Section 24G of the NEMA was lodged on 3 September 2010.
It is important to note that there were, in fact, two sets of Section 24G applications lodged, the second set of applications being lodged on 4 January 2011. The second set of Section 24G applications are in respect of the following illegal listed activities and the requested Environmental Impact Assessment Report (EIR) has not yet been received:
GN R. 386:
1 (k): The construction of facilities or infrastructure, including associated structures or infrastructure, for the bulk transportation of sewage and water, including storm water, in pipelines with an internal diameter of 0,36 metres or more; or a peak throughput of 120 litres per second or more;
1(q): The construction of facilities or infrastructure, including associated structures or infrastructure, for the landing, parking and maintenance of aircraft including:
(i) helicopter landing pads, excluding helicopter landing facilities and stops used exclusively by emergency services
(ii) unpaved aircraft landing strips shorter than 1,4km
(iii) structures for equipment and aircraft storage
(iv) structures for maintenance and repair
(v) structures for fuelling and fuel storage and
(vi) structures for air cargo handling
7: The above ground storage of a dangerous good, including petrol, diesel, liquid petroleum gas or paraffin, in containers with a combined capacity of more than 30 cubic metres but less than 1 000 cubic metres at any one location or site.
DEA was satisfied that all legal and procedural requirements in term of Section 24G of the NEMA have been met and that the information contained in the EIR is accurate and credible. Furthermore, the need for the project has been clearly and sufficiently demonstrated. There has also been sufficient consultation with the interested and affected parties.
In addition, the proposed mitigation of impacts identified and assessed adequately curtails the identified impacts and the applicant has the capacity to implement the environmental management plan and conditions of the environmental authorisation. It is important to note that the mining area falls outside of the core and buffer areas of the Mapungubwe World Heritage Site, the Mapungubwe National Park and the Greater Mapungubwe Trans-Frontier Conservation Area.
“In view of the above findings the department is satisfied that, subject to compliance with the conditions contained in the environmental authorisation, the authorised activities will not conflict with the objectives of integrated environmental management laid down in Chapter five of the NEMA and that any potentially detrimental environmental impacts resulting from the proposed activity can be mitigated to acceptable levels,” said Albi Modise, Spokesperson for DEA.
The authorisation also includes various conditions, inclusive of specific conditions, to ensure the integrity of the Mapungubwe World Heritage site. The applicant will also enter into a Biodiversity offset agreement with the department to, amongst other things, increase the conservation area.
It is an express requirement that all the mitigation measures and recommendations contained in the specialist studies submitted as part of the EIR, dated June 2011, shall be implemented and adhered to.
The applicant was instructed to notify all registered interested and affected parties in writing and within twelve (12) days of the date of the environmental authorisation, of the department’s decision as well as provisions regarding the submission of appeals. Should the applicant or any other party wish to appeal any aspect of the decision, a notice of intention to appeal must be lodged by all prospective appellants with the Minister within twenty (20) days of the date of the authorisation.
To access the environmental authorization click on the link below: http://www.environment.gov.za/NewsMedia/MedStat/2011Jul8/section24_authorisation.htm
Enquiries:
Albi Modise
Cell: 083 490 2871
