CHAMBER OF MINES OF
5 November 2007
Submission
to the Portfolio Committee on Environmental Affairs and Tourism (National
Assembly) [Public Hearings on the National Environmental Management Amendment
Bill [B36-2007]]
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The
Chamber of Mines welcomes the opportunity to make a submission to the Portfolio
Committee on issues of concern to the Chamber members and the South African
Mining industry. The Chamber further
wants to emphasize that the need for legislation dealing with environmental
impact assessments (EIA) is not in question, but that the mining industry is
strongly against duplication of processes within legislation. In our view, the Committee for Environmental
Co-ordination (CEC) must promote alignment of processes and the prevention of
duplication.
The Parliamentary
Portfolio Committee on Minerals and Energy, rejected most of the attempts to align
the NEMA and MPRDA processes in terms of processes and terminology. In our view
the portfolio committee has taken a hard line stand by simply making a
provision that NEMA is not applicable to mining related activities.
It is not in the interest
of growth and investment within the mining industry to duplicate legislative
processes
The Chamber of Mines
supports the attempts by the Department of Environmental Affairs and Tourism to
streamline the EIA requirements of the NEMA and MPRDA. The Chamber in
particular supports the provision in Clause 1(c)(b) with regard to the
empowerment of the Minister of Minerals and Energy as a competent authority. The Chamber further supports Clause 8
(referring to Section 24L(4)), the deeming provision that decisions taken by a
competent authority (i.e. Minister of Minerals and Energy) in terms of any
other legislation (i.e. MPRDA) meets all the requirements of Chapter 5 of NEMA.
However, the designation of the Minister of Minerals
and Energy as a competent authority, equates the Minister of Minerals and
Energy to a provincial MEC of Environment.
In order to protect the status and the authority of the office of the
Minister of Minerals and Energy, it is recommended that the Minister of
Minerals and Energy should be exempted from the appellate provisions of NEMA,
and rather that the appeal provisions of the MPRDA should be applicable to the
Minister of Minerals and Energy’s decisions. Furthermore, the Minister of
Minerals and Energy should be able to delegate her powers to officials in her
department.
The Chamber further recommends that the
authorithy of the Minister of Minerals and Energy as described in Clause
1(c)(b), extends so far as including the associated activities concerned with
mining, prospecting and petroleum exploration and production and that all these
associated activities that are due to take place are clarified in the
Regulations.
The Chamber also wants to bring it to attention that in terms of section
24M only the Minister or MEC may grant an exemption, while applications for
exemption under the 2006 EIA regulations, and the 2007 amendments are made to
the competent authority. It is therefore
recommended that section 24M should refer to the competent authority rather
than the Minister or MEC.
In conclusion the Chamber of Mines would like
to restate the commitment of the mining industry to co-operating with
Government to work towards the implementation of the amendments of the Act and
ultimately minimising adverse effects on the environment.
Maryna Möhr-Swart
Assistant Environmental Adviser
Chamber of Mines of