LandLawWatch RFG Presentation

Gareth Munnick

MINE CLOSURES AND SUSTAINABLE DEVELOPMENT

An analysis of the social and economic sustainability of mining communities as provided for in the MPRDA

... show that sustainable development should be used as a legal mechanism with which to drive economic development within mining communities in order to support and develop them post mining operations.

Aim...

Mine Closures1. Introduction2. Legislative framework prior to MPRDA3. Legislative framework under MPRDA

Sustainable development4. The legislation5. Court decisions6. MPRDA and sustainable development

Outline

SA Mining IndustrySmall towns, Big problemsForecast of mine closures

Mine Closure : Introduction

Thematic map: MiningMine Closure: Introduction

Mine Closure: Introduction

Mine Closure

GovtMining Right

Holder

Communities

Constitution of South Africa, 1996National Environmental Management Act

107 of 1998 (“NEMA”)Minerals Act 50 of 1991

Legislative framework prior to MPRDA

Minerals Act, 1991Overview in terms of mine closure

Environmental Management Programme (s 38)Regulations for EMP (Govt Gazette No 20219)

Closure Certificates (s 12)Policy Guidelines to the role players

Legislative framework prior to MPRDA

The Constitution, 1996

EnvironmentS 24. Everyone has the right –

a) to an environment that is not harmful to their health or wellbeing; andb) To have the environment protected, for the benefit of present and future

generations, through reasonable and other legislative and other measures that –i. prevent pollution and ecological degradationii. promote conservation; andiii. Secure ecologically sustainable development and use of natural resources while

promoting justifiable economic and social development

Legislative framework prior to MPRDA

NEMA, 1998 National Environmental Management PrinciplesS 2. ...2) Environmental management must place people and their needs at the forefront of its

concern, and serve their physical, psychological, developmental, cultural and social interests equitably.

3) Development must be socially, environmentally and economically sustainable...

Legislative framework prior to MPRDA

MPRDA

MPRDA, 2002S 2. Objects of the MPRDA(a) ...(b) ...(c) ...(d) ... (e) promote economic growth and mineral and petroleum resources development in

the Republic; (f) promote employment and advance the social and economic welfare of all South

Africans; (h) give effect to section 24 of the Constitution by ensuring that the nation's mineral and

petroleum resources are developed in an orderly and ecologically sustainable manner while promoting justifiable social and economic development; and

(i) ensure that holders of mining and production rights contribute towards the socio-economic development of the areas in which they are operating.

Legislative framework under the MPRDA

Section 37 – the adoption of the principles for sustainable development

Section 38 – integrated environmental management and the responsibility to remedy

Section 39 – EIA and environmental management programmeSection 41 – financial provision for remediationSection 43 – closure certificates

Social and Labour Plan

Legislative framework under the MPRDA

MPRDA, 2002S 37. Environmental Management Principles1) The principles set out in section 2 of the National Environmental Management Act,

1998a)

apply to all...mining operations, as the case may be, and any matter relating to such operation; and

b)  serve as guidelines for the interpretation, administration and implementation of the environmental requirements of this Act.

2) Any... mining operation must be conducted in accordance with generally accepted principles of sustainable development by integrating social, economic and environmental factors into...mining projects in order to ensure that exploitation of mineral resources serves present and future generations.

Legislative framework under the MPRDA/Sustainable Development

EIA cases which discuss ‘sustainable development’ in terms of NEMA

Sasol Oil (Pty) Ltd & another v Metcalfe 2004 (5) SA 161 (W)

All the Best Trading CC t/a Parkville Motors & Others v SN Nayagar Property Development and Construction CC & Others 2005 (3) SA 396 (T)

Sustainable Development

EIA cases which discuss ‘sustainable development’ in terms of NEMA

MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol Oil (Pty) Ltd and Bright Suns Development CC (SCA) Unreported Case No 368/04

Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others 2007 (6) SA 4 (CC)

Sustainable Development

Environmental

sustainability

Social sustaina

bility

Economic

sustainability

Conclusion

Colloquium PresentationsDixon C Mine Closure from a Legal Perspective: Do the provisions of the new Minerals and Petroleum Resources Development Act and draft

Regulations make closure legally attainable? presented at Mine Closure for Sustainable Development Colloquium June 2003 (copy on file with author).

Swart E The South African Legislative Framework for Mine Closures presented at the Mine Closure for Sustainable Development Colloquium June 2003 (copy on file with author).

News ArticleMcKay D “The towns SA mining forgot” Miningmx Green Book Special Report 2009

http://www.miningmx.com/special_reports/green-book/green-book-2009/The-towns-SA-mining-forgot.htm (accessed 20.06.2010).LegislationAtmospheric Pollution Prevention Act of 1965.Mine Health and Safety Act 29 of 1996.Mineral and Petroleum Resource Development Act 28 of 2002.Minerals Act 50 of 1991.National Environmental Management Act 107 of 1998.National Water Act 36 of 1998.

Government Gazette Government Notice 1639 in Government Gazette 26661 of 2004-08-13

CasesAlexkor Ltd and Another v The Richtersveld Community and Others 2004 (5) SA 460 (CC).All the Best Trading CC t/a Parkville Motors & Others v SN Nayagar Property Development and Construction CC & Others 2005 (3) SA 396.BP Southern Africa (Pty) Ltd v MEC for Agriculture, Conservation Environment and Land Affairs 2004 (5) SA 124 (W).Sasol Oil (Pty) Ltd & another v Metcalfe 2004 (5) SA 161 (W) (Sasol case); and MEC for Agriculture, Conservation, Environment and Land Affairs v

Sasol Oil (Pty) Ltd and Bright Suns Development CC (SCA) Unreported Case No 368/04.

Abridged Bibliography