Question No 476
Ms AT Lovemore (Democratic Alliance) to ask the minister of Water and Environmental Affairs:
What were the findings of the investigation of the environmental management inspectorate into the operation of the Manganese ore handling facility at the Port Elizabeth harbour?
Reply:
In light of the information obtained during and since the compliance inspection undertaken by environmental management inspectors at Port Elizabeth Harbour on 3 October 2008, and having reviewed the air, dust and groundwater monitoring results, the department had reasonable grounds to believe that pollution of surface water, groundwater, soil and the marine environment had occurred and was still occurring as a result of the manganese terminal. In addition, and in light of information gathered during and subsequent to the inspection, my department was also of the opinion that the mitigating measures to manage the dust impact as well as the storm water management system in place at the Manganese ore dump at the time was not sufficient.
In light of the above, it was my department’s opinion that Transnet breached the duty of care provided for in terms of Section 28(1) of the National Environmental Management Act, 1998 (hereinafter referred to as ‘NEMA’) and failed to take reasonable measures to address these issues as required. This duty of care obliges every person who causes, has caused or may cause significant environmental pollution or degradation to take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such degradation.
Section 31A(1) of the Environment Conservation Act, 1989 (hereinafter referred to as ‘ECA’) provides that directives may be issued under circumstances where a person performs any activity or fails to perform any activity as a result of which the environment is or may be seriously damaged, endangered or detrimentally affected.
My department therefore issued Transnet Port Terminals with a pre-directive (in line with the requirements of administrative justice) in terms of Section 28 of the NEMA, as well as Section 31A(1) of the ECA. This pre-directive instructed Transnet Port Terminals to provide reasons why a directive should not be issued requiring Transnet Port Terminals to undertake certain measures to manage the impacts of the manganese terminal. My department has recently received the requested representations from Transnet Port Terminals and is in the process of scrutinising the information contained therein, in order to determine whether or not a final directive should be issued.
Issued by: Ministry of Water and Environmental Affairs
10 July 2009
