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Ref: 02/1/5/2
MINISTER
QUESTION NO. 440 FOR WRITTEN REPLY: NATIONAL ASSEMBLY
A draft reply to Mr M J Ellis (DA) to the above-mentioned question is
enclosed for your consideration.
Ms Nosipho Ngcaba
DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL ASSEMBLY
(For written reply)
QUESTION NO. 440
INTERNAL QUESTION PAPER NO. 2 NW470E
DATE OF PUBLICATION: 25 February 2011
Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:
(1) On what dates were section 24(G) applications received from Coal
of Africa in terms of the National Environmental Management Act,
Act 107 of 1998, for alleged activities at the Vele Colliery;
(2) whether her department has adjudicated on the section 24(G)
applications; if not, why not; if so, what are the relevant
details;
(3) whether she has received a report from the United Nations
Educational, Scientific and Cultural Organisation (UNESCO)
following its visit to Mapungubwe in November 2010 to assess the
impacts that mining at Vele Colliery could have on the World
Heritage site; if not, when does she expect to receive the
report; if so, what are the relevant details;
(4) whether her department intends commissioning an Environmental
Management Framework for the area north of the Soutpansberg in
which the Vele Colliery is located; if not, why not; if so, what
are the relevant details?
Mr M J Ellis (DA)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
440. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
(1) The Director: Enforcement issued CoAL of Africa (âCoALâ) with a
Section 31 L Compliance Notice on 5 August 2010. This notice was
preceded by three pre-compliance notices providing opportunities to
CoAL to make representations as to why a final notice should not be
issued (including oral representations on 23 July 2010). The
Compliance Notice was issued in response to firstly, the fact that CoAl
commenced with activities despite the Department issuing a negative
decision for those activities (roads and storage of hazardous goods)
and secondly, as a result of CoAL commencing with a number of other EIA
listed activities without obtaining prior authorization from the
Department. The Department maintained the view that, even though the
activities fall within the mining right area, they still require
authorisation from this Department as they were listed in terms of
NEMA.
CoAL complied with the notice and ceased with the relevant activities.
The section 24G application for rectification (for four listed
activities only) was received by the Department on 03 September 2010.
This was acknowledged by the department on 15 October 2010. This letter
included a request for an environmental impact assessment report with
detailed requirements to be compiled and submitted to the Department in
order for the Department to make an informed decision regarding the
section 24G application.
The outstanding section 24G application (for the illegal activities
that had been left out of the original
S24G applications) was submitted to the Department on 03 January 2011
and subsequently acknowledged on 17 January 2011. A further letter
dated 26 January 2011 requesting an environmental impact assessment
report with detailed specific requirements to be compiled and submitted
to the Department in order for the Department to make an informed
decision regarding the section 24G application was sent to the
consultant by the Department.
At this juncture, the Department awaits the requested information,
after which a fine will be calculated in accordance with the section
24G penalty calculator protocol and guideline developed for activities
unlawfully commenced with in terms of the National Environmental
Management Act, 2004 (Act No. 8 of 2004), as amended. The penalty
calculator protocol and guideline was jointly developed by the National
Department of Environmental Affairs and the Provincial Departments.
These tools were designed to assist in the determination of fines
imposed in terms of Section 24G of the NEMA, as amended, and
accordingly are only being used to guide decision making in relation to
the amount of fines in respect of illegal activities listed in terms of
the NEMA, as amended.
(2) As explained above, the Department awaits receipt of the requested
information; whereafter a decision regarding the fine will be reached.
Once a fine has been determined, this will be communicated to the
applicant. The Department then awaits the proof of payment of the
determined fine before reaching a decision on the application. This is
also dependent upon the submission of the final requested documentation
from the applicant and their environmental assessment practitioner.
(3) No, once the final report has been completed by the World Heritage
Centre and the World Heritage Committee Advisory Body, it will be
provided to the country (SA) for information until it is discussed by
the World Heritage Committee in June 2011.
(4) There are plans to develop an EMF for the Mapungubwe area. The
Biodiversity and Conservation branch, together with Environmental
Impact Management (EIM) have compiled draft Terms of Reference for the
framework and thus far one consultation meeting with representatives
from the province was held at the department. However, with recent
developments around Mapungubwe, a decision was taken to wait until the
UNESCO visit and the appeals by Vele had been finalised before the
process is taken further.
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