NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL
Summary
A notice of appeal submitted by BirdLife South Africa to the Minister of Mineral Resources on 30 July 2013, challenging the Director-General's decision to grant a mining right (MP 30/5/1/2/2/505 MR) to William Patrick Bower (Pty) Ltd for coal mining in the Belfast district of Mpumalanga Province.
Key insights
- BirdLife South Africa appeals the grant of a mining right to William Patrick Bower (Pty) Ltd for portions 6 and 23 of the farm Groenvlei 353 JT and portion 12 of the farm Lakenvalei 355JT, arguing the decision violates constitutional and statutory requirements for co-operative governance and environmental protection.
- The appeal asserts that the mining right was granted despite the area being part of the Steenkampsberg Wet Grasslands, which the Mpumalanga Tourism and Parks Agency (MTPA) had proposed for protection under section 49 of the MPRDA to prohibit new mining rights.
- The properties are located within the Steenkampsberg Important Bird Area (IBA SA016), ranked as the second most important IBA in Mpumalanga, providing critical habitat for 13 Red Data bird species, including the Critically Endangered Wattled Crane and White-Winged Flufftail.
- The appeal highlights significant risks to water resources, noting that the proposed opencast mine is adjacent to wetlands and could lead to Acid Mine Drainage (AMD), groundwater contamination, and the lowering of the groundwater table.
- BirdLife argues that the Director-General ignored the precautionary principle and the specific needs of sensitive ecosystems, as the Environmental Report's mitigation measures only reduced impacts to "moderate to medium-high," which is deemed unacceptable for this irreplaceable biodiversity.
- The document identifies the area as a high water yield and high groundwater recharge area, where subsurface water resources are believed to sustain coastal aquifers over 100km away.
- The eMakhazeni Local Municipality Environmental Management Framework (EMF) identifies the area between Belfast and Dullstroom as appropriate for conservation and tourism, explicitly stating that mining is not an appropriate land use.
- The appeal includes a request for condonation for late filing, explaining that BirdLife was misled by a letter from the Mpumalanga Regional Manager suggesting the Minister, rather than the Director-General, had granted the right, which would have precluded a section 96 appeal.
Cite the original document
- APA
- Centre for Environmental Rights (2013). NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL. https://cer.org.za/wp-content/uploads/2011/12/BirdLife-s96-appeal-final.pdf?x21779
- Chicago
- Centre for Environmental Rights. NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL. 2013. https://cer.org.za/wp-content/uploads/2011/12/BirdLife-s96-appeal-final.pdf?x21779.
- Wikipedia
- {{cite press release |author=Centre for Environmental Rights |title=NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL |date=30 July 2013 |url=https://cer.org.za/wp-content/uploads/2011/12/BirdLife-s96-appeal-final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{centreforenvironmentalrights2013notice, author = {{Centre for Environmental Rights}}, title = {{NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 \& 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = jul, url = {https://cer.org.za/wp-content/uploads/2011/12/BirdLife-s96-appeal-final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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