The SA National Roads Agency faces paying compensation of R50-million if it destroys a section of a forest to make way for the proposed N2 Wild Coast toll road.

“The provision of penalties for the destruction of natural forests is stipulated in a national policy drawn up by the Department of Agriculture, Forestry and Fisheries. The policy outlaws the development of eco-estates – such as Zimbali Lodge, on the KwaZulu-Natal coastline – in natural forests.” …… read more (sourced from: http://www.timeslive.co.za)


Wild Coast sand-dune mining decision halted again

February 09, 2010 Edition 1

Tony Carnie

THE decision on whether to allow sand-dune mining near Xolobeni on the Wild Coast has been put on hold again.

The Minerals and Mining Board was due to hear evidence for and against the mining application in Durban yesterday, but the meeting was postponed to a date still to be finalised.

The Congress of Traditional Leaders of SA president and MP, Nkosi Phathekile Holomisa, who was to chair the hearing and hear legal argument, said committee members had not had sufficient opportunity to study the substantial volume of documentation on the matter and a decision was taken to reconvene at a later date.

Journalists were refused entry to the meeting room yesterday and told the hearing was an internal meeting.

They were later advised that the meeting had been postponed.

The application to mine in the environmentally sensitive Xolobeni area, south of the Wild Coast Casino, had been made by the Australian-based company Transworld Energy, a local subsidiary company Mineral Resources (SA) and the shareholder group Xolobeni Empowerment Company.

The application was approved by the Minerals Department in 2008 but was put on hold shortly afterwards following appeals by a number of groups, including the Amadiba Crisis Committee.

The committee has complained that residents of the area were not consulted properly.


The LRC to make oral submissions on behalf of the Amadiba Crisis Committee at Xolobeni

Dear SWC supporters.
 
Please find attached information about a legal hearing that DME is holding in Durban to hear community appeals against the Xolobeni/ Wild Coast mining proposal . Needless to say, SWC will be watching these hearings with great interest. Read full story
 
If you have access to YouTube you might also be interested in downloading the following film clips that have been made about the amaPondo people’s battle against the mining proposal.
 
 
http://www.youtube.com/watch?v=XriivLxBoZ4

http://www.youtube.com/watch?v=CXQmpSNqH40

http://www.youtube.com/watch?v=ClDk33tAVpk
 
regards
 
Val Payn
Sustaining the Wild Coast (SWC)
cell – 083 4416961
swcoastval@gmail.com


Mining ministry fox still guards EIA hens

MINERALS Minister Susan Shabangu has been asked to explain why she is “dragging her feet” in transferring her powers of environmental authorisation for mining to Environment Minister Buyelwa Sonjica.

This follows a bitter wrangle in Parliament last year, when the head of the minerals department refused to relinquish control of environmental impact assessments (EIAs) to the environment department.

Critics have argued that allowing the mining department to give environmental authorisation to mining ventures is tantamount to allowing the proverbial fox to look after the hen house.

For many years, the mining department has retained this power, whereas all other significant development projects – from nuclear power stations to cellphone masts – have to be authorised by the national or provincial environment departments.

Late last year, however, a landmark amendment to national environmental laws paved the way for mining EIAs to be transferred to the environmental ministry in a phased process lasting 36 months.

Now DA environmental affairs shadow minister Gareth Morgan is asking Shabangu for an explanation for the delay in transferring this power. He said although mining EIAs had always been treated differently, his party had helped introduce amendments to introduce a uniform process.

In terms of the amendments last year, the handover of responsibility would begin with the official commencement of the Minerals and Petroleum Resource Development Amendment Act.

Morgan said that although the act was promulgated in April, it had not been brought into effect yet. There has been no explanation from Shabangu for why the transfer had not been set in motion more than six months later.

By holding back on commencement of the act, Shabangu was effectively preventing the transfer of the mining EIA function to Sonjica’s ministry, said Morgan.


LRC submits expert evidence against mining in Xolobeni

On 28 September 2009 the Grahamstown office of the Legal Resources Centre (LRC) submitted two expert reports to the Minister of Minerals and Energy on behalf of the amaDiba Crisis Committee (ACC). The reports were in support of the ACC’s appeal to the Minister to set aside the mining right granted to Transworld Energy Minerals (TEM) at Xolobeni in the Eastern Cape. Click here to read more


Flood of Objections to Wild Coast Toll Road

January 29 wild- for immediate release

Flood of Objections to Wild Coast Toll Road

An unprecedented flood of thousands of objections has poured in to the consultants tasked with writing the final Report on the Wild Coast Toll Road EIA, despite holiday season timing for public comment.
The submissions have come from individuals, communities, businesses,
environmental organisations and civil society groups, while in Durban, where road users are protesting extra toll booths, local government have joined the chorus.
Many of the comments have described the EIAR as ‘fatally flawed” in many ways, but particularly in its lack of compliance with required legal standards and adherence to public participation norms.
It also
* misleadingly characterises the project as a regional social development initiative
* misleadingly assesses the benefits of secondary development
* fails to assess socio-economic impacts
* fails to assess the cumulative effects of mining and the toll road\
* demonstrates inadequate consultation with IAPs.
Specialist studies into relocation, land claims and sacred sites also fall short.
salaamu
Lylie Musgrave
Kibao Communications
On behalf of Sustaining the Wild Coast
tel: 27 31 2613406
fax 27 31 2616232
mobile: 072 2970974
email: kibao@iafrica.com
Full transcripts of comments are available on www.swc.org.za


NEW TOLL ROAD EIA ‘Rank with double standards’

PRESS RELEASE – January 14 2009

NEW TOLL ROAD EIA ‘Rank with double standards’

With the deadline for public comments for the Wild Coast Toll road looming on 22 January, Sustaining the Wild Coast (SWC), has condemned the new EIA as ‘still saddled with dealing with the problems of an extensive infrastructure proposal that was developed and promulgated in a manner that was anything but objective and independent’.

In its comment on the Environmental Impact Assessment (EIA), SWC argues that the foundations of the proposal are fundamentally flawed because the SANRAL preferred route was developed as an isolated and unsolicited bid by a consortium of private bidding companies whose primary motivation was profit, rather than arising out of an integrated and comprehensive regional development plan. As the basic premises of the proposal remain unchanged, many of the fundamental concerns that were raised by the public in 2003 have still not been addressed.

SWC lists numerous public and legal concerns that were raised in the 2004 Appeal Review which the new EIA has failed to address. These include unrealistic mitigation measures given the current capacity of local government structures in the Eastern Cape Province; that by excluding the tolling process from the EIA a bias is created in socio-economic impact assessments and that it is still not certain that tolls will be affordable for poor communities, that the need for a Toll road and for a route through the Pondoland Centre of Plant Endemism (an internationally recognized ‘hotspot’ of plant endemism) are still not adequately justified, that the precautionary principle has not been applied, and that public participation processes are still not in compliance of NEMA.
The Appeal Review was commissioned in 2004 by the new Minister of Environmental Affairs and Tourism, Minister van Schalkwyk, in response to the large number of public appeals petitioning against the Record of Decision (ROD) made in December 2003 which had approved the N2 Wild Coast Toll Road Environmental Impact Assessment of 2003.
The SWC EIA commentary states that the EIA is ‘rank with double standards’.