LandLawWatch RFG Presentation

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9 Νοε 2013 (πριν από 3 χρόνια και 5 μήνες)

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LandLaw
Watch

RFG Presentation

Gareth
Munnick

MINE CLOSURES AND
SUSTAINABLE DEVELOPMENT

An analysis of the social and
economic sustainability of mining
communities as provided for in the
MPRDA


... show that sustainable development should be
used as a legal mechanism with which to drive
economic development within mining
communities in order to support and develop
them post mining operations.

Aim...

Mine Closures

1.
Introduction

2.
Legislative framework prior to MPRDA

3.
Legislative framework under MPRDA


Sustainable development

1.
The legislation

2.
Court decisions

3.
MPRDA and sustainable development


Outline

SA Mining Industry

Small towns, Big problems

Forecast of mine closures



Mine Closure : Introduction

Thematic map: Mining

M
ine Closure: Introduction

Mine Closure: Introduction

Mine Closure

Govt

Mining
Right
Holder

Communiti
es

Constitution of South Africa, 1996

National Environmental Management Act
107 of 1998 (“NEMA”)

Minerals Act 50 of 1991

Legislative framework prior to MPRDA

Minerals Act, 1991

Overview in terms of mine closure


Environmental Management Programme (s 38)

Regulations for EMP (Govt Gazette No 20219)


Closure Certificates (s 12)

Policy Guidelines to the role players



Legislative framework prior to MPRDA

The Constitution, 1996


Environment

S 24. Everyone has the right


a)
to an environment that is not harmful to their health or wellbeing; and

b)
To have the environment protected, for the benefit of present and future generations,
through reasonable and other legislative and other measures that


i.
prevent pollution and ecological degradation

ii.
promote conservation; and

iii.
Secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development


Legislative framework prior to MPRDA

NEMA, 1998

National Environmental Management Principles

S 2.

...

2)

Environmental management must place people and their needs at the forefront of its
concern, and serve their physical, psychological, developmental, cultural and social
interests equitably.

3)

Development must be socially, environmentally and economically sustainable

...


Legislative framework prior to MPRDA

MPRDA

MPRDA, 2002

S 2. Objects of the MPRDA

(a)
...

(b)
...

(c)
...

(d)
...


(e)
promote economic growth and mineral and petroleum resources development in the
Republic;


(f)
promote employment and advance the social and economic welfare of all South Africans;


(h)
give effect to section 24 of the Constitution by ensuring that the nation's mineral and
petroleum resources are developed in an orderly and ecologically sustainable manner
while promoting justifiable social and economic development
; and


(
i
)
ensure that holders of mining and production rights contribute towards the socio
-
economic
development of the areas in which they are operating.


Legislative framework under the MPRDA

Section 37


the adoption of the principles for sustainable
development

Section 38


integrated environmental management and the
responsibility to remedy

Section 39


EIA and environmental management programme

Section 41


financial provision for remediation

Section 43


closure certificates


Social and Labour Plan


Legislative framework under the MPRDA

MPRDA, 2002

S 37. Environmental Management Principles

1)
The principles set out in section 2 of the National Environmental Management Act,
1998

a)


apply to all...mining operations, as the case may be, and any matter relating to such operation;
and

b)

serve as guidelines for the interpretation, administration and implementation of the environmental
requirements of this Act.



2) Any... mining operation must be conducted in accordance with
generally accepted
principles of sustainable developmen
t

by integrating social, economic and environmental
factors into...mining projects in order to ensure that exploitation of mineral resources
serves present and future generations
.



Legislative framework under the
MPRDA/Sustainable Development

EIA cases which discuss ‘sustainable development’ in
terms of NEMA


Sasol Oil (Pty) Ltd & another v Metcalfe

2004 (5) SA 161 (W)


All the Best Trading CC t/a Parkville Motors & Others v SN
Nayagar

Property Development and Construction CC & Others

2005 (3) SA 396
(T)



Sustainable Development

EIA cases which discuss ‘sustainable development’ in
terms of NEMA


MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol
Oil (Pty) Ltd and Bright Suns Development CC
(SCA) Unreported
Case No 368/04


Fuel Retailers Association of Southern Africa v Director
-
General:
Environmental Management, Department of Agriculture, Conservation
and Environment, Mpumalanga Province and Others
2007 (6) SA 4
(CC)


Sustainable Development

Environmental
sustainability

Social
sustainability

Economic
sustainability

Conclusion

Colloquium Presentations

Dixon C
Mine Closure from a Legal Perspective: Do the provisions of the new Minerals and Petroleum Resources Development Act and draf
t R
egulations
make closure legally attainable?

presented at Mine Closure for Sustainable Development Colloquium June 2003 (copy on file with author).

Swart E
The South African Legislative Framework for Mine Closures

presented at the Mine Closure for Sustainable Development Colloquium June 2003
(copy on file with author).


News Article

McKay D “The towns SA mining forgot”
Miningmx

Green Book Special Report 2009

http://www.miningmx.com/special_reports/green
-
book/green
-
book
-
2009/The
-
towns
-
SA
-
mining
-
forgot.htm

(accessed 20.06.2010).

Legislation

Atmospheric Pollution Prevention Act of 1965.

Mine Health and Safety Act 29 of 1996.

Mineral and Petroleum Resource Development Act 28 of 2002.

Minerals Act 50 of 1991.

National Environmental Management Act 107 of 1998.

National Water Act 36 of 1998.


Government Gazette

Government Notice 1639 in
Government Gazette
26661 of 2004
-
08
-
13


Cases

Alexkor

Ltd and Another v The
Richtersveld

Community and Others

2004 (5) SA 460 (CC).

All the Best Trading CC t/a Parkville Motors & Others v SN
Nayagar

Property Development and Construction CC & Others

2005 (3) SA 396.

BP Southern Africa (Pty) Ltd v MEC for Agriculture, Conservation Environment and Land Affairs
2004 (5) SA 124 (W).

Sasol Oil (Pty) Ltd & another v Metcalfe

2004 (5) SA 161 (W) (
Sasol

case); and
MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol
Oil (Pty) Ltd and Bright Suns Development CC

(SCA) Unreported Case No 368/04.


Abridged Bibliography