The Chairperson of the Portfolio Committee on Water and Environmental Affairs, Advocate Johnny de Lange has lauded the novel and innovative work currently done in integrating mining, water and environment licensing systems. Advocate de Lange was commenting during the Joint Sitting of the Portfolio Committees on Water and Environmental Affairs and Mineral Resources.
The Departments of Water Affairs, Environmental Affairs and Mineral Resources briefed Joint Committees on Water and Environmental Affairs and Mineral Resources on the proposed amendments to legislation and regulations to give effect to an agreement between the three departments to integrating and synchronising all aspects of the legislative framework for the application of environmental and water laws in mining areas on Wednesday, 11 September 2013.
The environment aspects pertaining to exploration, prospecting, mining and production activities which were previously outside the scope of the National Environment Management Act, 1998 (Act No. 107 of 1998) (NEMA) are now included in the scope of NEMA and they have been removed from the scope of the Mineral and Petroleum Resources Development Act (MPRDA).
This is a huge improvement following the commitment made by the two Ministers responsible for Water and Environmental Affairs and Mineral Resources, who have also instructed their departments to work together on the necessary amendments in NEMA, MPRDA and NWA. These amendments are aimed at achieving an alignment of processes relating to mining. These are the application for mining right, environmental impact assessment and the water use license.
Ministers, recognising the fragmented approach in implementing environmental legislation relating to mining right applications, intervened and proposed, during 2011, mechanisms which would ensure alignment of the various pieces of legislation administered by the three departments in as far as it relates to mining.
South Africa as a developing state has to find a balance between economic growth and environmental sustainability. After receiving a joint inter-departmental presentation on this process, the Joint Portfolio Committees endorsed the inter-governmental co-operation and lauded it as an example of the application of the co-operation and in line with the spirit of the Intergovernmental Relations Framework Act as encapsulated in Section 41 of the Constitution and the IGRF Act.
The optimal implementation of these legislative arrangements will provide enhanced confidence in this system and ameliorate any uncertainties about the system. The three departments have been given the task of going back and finalizing the legislation and regulations in this regard, as a matter of urgency and to report back to their respective Committees which will convene a further Joint Sitting to receive and approve the work done.
The Joint Sitting also welcomed the progress recorded to date, with the Chairpersons urging the Departments to continue the co-operation in the interest of providing certainty and ensuring South Africa develops an efficient and effective mine environmental management system that balances various rights as enshrined in the Constitution of the Republic.
For media queries:
Advocate Jonny de Lange
Chairperson of the Portfolio Committee on Water and Environmental Affairs
Cell: 083 304 9586
