21 August 2007

To whom it may concern

Objection to Amendment Mineral and Petroleum Resources Development Amendment Bill ( section 4 of Act 28 of 2002)

Please note the extreme concern, and objection, with which Sustaining the Wild Coast (SWC) view the following amendment to section 4 of the Mineral Petroleum and Resources Development Amendment Bill (B10 -2007) namely;

“3) the provisions of the National Environment Act, 1998 (Act No 107 of 1998) relating to environmental authorizations and any other related matters, shall not apply to activities of holders regulated in terms of this act.”

SWC objection is based upon the following:

• That the amendment was not included, nor canvassed, in the draft Amendment Bill presented to portfolio committee hearings in May.

• That is it doubtful whether the consultation process adequately involved people who will be affected by its inclusion.

• That the proposed amendment may seriously undermine the requirements of NEMA relating to the mining industry, to the greater detriment of the South African public and general mining industry standards.

• That the amendment will lead to conflict of interests within DME’s mandate, namely that DME cannot objectively serve both the needs of the mining industry while simultaneously adjudicating the best needs of the environment.

• That the amendment may infringe on the executive powers of Provinces as far as mining related issues are concerned.

• That the amendment is legally ambiguous as it does not specify which requirements of NEMA are excluded.

• That the amendment could lead to a dangerous precedent if other government departments follow this lead, which event could possibly undermine the requirements of NEMA to the extent that South Africa’s international environmental prestige could suffer.

SWC therefore request that the aforementioned amendment be withheld until all due and proper public consultation has been undertaken.

Val Payn
Communications
Sustaining the Wild Coast
P.O Box 44 Harding 4680
Tel 083 4416961
valpayn@gmail.com

Posted on August 21st, 2007
Filed under: Letters