The Portfolio Committee on Minerals and Energy, having considered the Petition of the East Rand Mine Dust Eradication Committee (ERMDEC) concerning dust problems caused by gold mine slime dumps, reports as follows:

A. Introduction

The petition was referred to the Committee on 6 June 2001. The Committee was instructed to confer with the Portfolio Committees on Environmental Affairs and Tourism and on Provincial and Local Government before reporting its findings.

The Committee has been aware of the problems experienced by Gauteng communities for some time. In this regard its predecessor, the Portfolio Committee on Mineral and Energy Affairs, undertook a study tour of the region in 1998 (a copy of that committee's report can be found in the Announcements, Tablings and Committee Reports document, No. 46 of 1998). Furthermore, the Committee has written several letters to ERMDEC and to MEC Mary Metcalfe in this regard, requesting them to co-operate to resolve the problems experienced by residents in affected areas.

B. Problem statement

While mines and tailing activities were originally developed away from residential areas, township development has breached these buffer zones and communities now reside close to these mine dumps. The most common environmental problems experienced are mine dust and run-off water, which pose a severe risk to the health and safety of residents.

Many of the areas where problems now arise, were mined over a century ago when environmental concerns were not prominent, and no legal obligation in this regard was placed on mines. Subsequently, the mines in question have been abandoned and may now be classified as ownerless or derelict mines. In terms of the Minerals Act, 1991, all working mines are responsible for rehabilitation of the surface of land disturbed by their mining activities. In the case of ownerless or derelict mines, the State, in the absence of the responsible person or company and subject to the availability of funds, acts in the interest of the community by addressing the environmental risks associated with those mines. Although the Department of Minerals and Energy (the Department) has a directorate for mine rehabilitation, the capacity to monitor and oversee the effective rehabilitation of mine dumps is still lacking and under-resourced. The problem faced by the State in rehabilitating these mine dumps is also further impacted upon by the use of the dumps for 4x4 and motorbike off-road racing, as cross-country tracks, for the establishment of walkways and footpaths across the dumps and for the small-scale reworking of dumps.

C. Briefing - 12 September 2001

The Committees had a meeting on the Petition on 12 September 2001. They were briefed by Mr Tony Bradford, Chairperson of ERMDEC, Mr Sakkie Blanché, MP, in his capacity as member of ERMDEC, and Ms Mary Metcalfe, MEC for Agriculture, Conservation, Environment and Land Affairs, Gauteng, in her capacity as chairperson of the Gauteng Mining Pollution Forum Steering Committee. Other members of the steering committee present at the meeting were:

* Mr Pule Malefane - Chairperson of the Agriculture, Conservation, Environment and Land Affairs Standing Committee in the Gauteng Legislature

* Mr Mandla Mentoor - Environmental Justice Network Forum

* Mr John Kilani of the Chamber of Mines

* Mr Sandy Clark of the Department of Minerals and Energy.

Mr Bradford's primary concern during the meeting was that a solution be found for the dust, fires, run-off water and radiation emanating from abandoned mine dumps. ERMDEC had been formed specifically to combat the problem of dust pollution caused by the unrehabilitated mine dumps of ERPM in the Boksburg region. In an effort to make Parliament aware of the problems being experienced by residents of the area, ERMDEC submitted their petition to the Speaker of the National Assembly.

Ms Metcalfe informed the Committees that, although the provincial government had no legal or administrative responsibility as minerals and energy was a national competency, the concurrent function of environmental protection and monitoring was shared between national and provincial governments. Furthermore, there had been enormous public concern about the problems arising from abandoned mine dumps. In view of this, the Gauteng Mining Pollution Steering Committee was established. That committee is divided into the following working groups:

* Steering Committee and Funding, responsible for the overall strategy and planning

* Technology Working Group, to look into the status of water reclamation purification projects, rehabilitation technologies, waste reduction strategies, etc

* Information Working Group, to gather information on ownerless/derelict mines in Gauteng and details of actual rehabilitation work necessary, based on Environmental Management Programme requirements, the status of rehabilitation funds and the determination of shortfall funds, integrated development plans of local government in so far as these impact on land use patterns in proximity to slime dams and disposal and co-disposal information. The Information Working Group was also responsible for communication with all stakeholders.

D. Conclusion

The ERMDEC petition raises a problem which is not restricted to Boksburg residents, but which stretches from the East Rand to the West Rand.

The approach to be followed by the Committee in seeking a resolution to the problem, is that:

* The Department and other government departments must support and participate in the rehabilitation programme as a collective effort to avoid duplication

* The Department has to accept its obligation to remedy the pollution from mines classified as ownerless or derelict. The process of tracing owners should, however, be continued

* The mining industry must realise its ongoing legal responsibility to rehabilitate these dumps, and the "polluter-pays" principle should be seen as the main point of departure for the rehabilitation of mine dumps

* There should be ongoing community consultation and communication on progress, and communities must be encouraged to render support and become involved in resolving the problem

* ERMDEC should join the Gauteng Mining Pollution Forum Steering Committee.

The Committee will continue to monitor the situation and offer support where necessary, and will accommodate in its programme updates from stakeholders and particular affected communities for as long as the problem persists.

The Committee will also request regular updates from the Department. The issues raised in the ERMDEC Petition are fully accommodated in the programme of the Gauteng Mining Pollution Forum Steering Committee. The ERMDEC, being part of the aforementioned committee, therefore needs to be a primary point of departure for it in seeking resolution to the issues raised in the Petition. The Committee (and the Portfolio Committees on Provincial and Local Government and on Environmental Affairs and Tourism) fully support the process undertaken by the Steering Committee.

Report to be considered.