Environment could pay price for proposed new laws

According to Julius Kleynhans, head of environmental affairs at AfriForum, the proposed amendments might add to the monopoly the department of minerals (DM) is trying to impose.

"South Africa cannot provide the DM with the authority to make decisions on environmental issues, but it seems that the new legislation will be implemented due to 20 years of conflict between departments on the subject," said Kleynhans.

AfriForum is concerned that government will use these amendments to weaken environmental controls in order to streamline mining processes. "This will enable the DM to authorise mining activities such as prospecting, mining, exploration, etc," Kleynhans said.

Parliament suggested that all environmental sections in the Minerals and Petroleum Resources Development Act (MPRDA) be repealed and that these matters will only fall under the National Environmental Management Act (Nema).

"AfriForum does welcome the suggestion of 'One Environmental System' for the country, but insists that this system be administered by the department of environmental affairs only," said Kleynhans.

"One cannot help to stress the importance of these comments. The Minister of Minerals is responsible for economic growth through mining, etc where the Minister of Environmental Affairs should ensure that the environment is protected and conserved through sustainable development and be able to indicate the no-go zones."

AfriForum makes the following points:

1. The new legislation will provide for a different application process which will enable the mining applicant to first obtain a water usage licence and environmental authorisation before permits can be granted, in which the DEA will have the opportunity to appeal against the application under Nema if the area is too sensitive.

2. The DEA must also be the authority in charge of environmental authorisation and environmental management programmes to ensure sustainable development and informed decision-making.

3. AfriForum believes that the minerals minister will form a monopoly, which will have a detrimental effect on SA's natural resources.

4. Capacity must be provided in the DEA and department of water to address normal Nema, NWA and MPRDA issues and enforce the law.

5. The departments of environmental affairs and water must be responsible for all environment-related activities.

AfriForum said it will continuously monitor and comment on these acts to ensure informed decision-making and sustainable development in the country.