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COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISION FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION OR PRODUCTION OPERATIONS, 2021
The document argues that the draft regulations fail to sufficiently protect the state and affected communities from the costs of mine abandonment. It calls for a shift from 'agreed' to 'approved' closure objectives, the inclusion of 'sustainable end use' to address socio-economic inequality and land reform, and the removal of high-risk financial vehicles like parent company guarantees. It specifically highlights regulatory gaps in tailings reprocessing and the environmental risks of seismic surveys in the oil and gas sector.
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Document type: Statement
South Africa: Horizontal linkages— Building expertise by overcoming country-specific constraints
South Africa's mining sector historically drove industrialization by creating a specialized upstream supplier sector that overcame unique technological challenges of deep-level mining. These capabilities evolved into horizontal linkages, allowing firms to export expertise in products like coal-washing spirals and underground locomotives to other sectors and global markets. While the sector has declined as a percentage of GDP, it remains a critical export driver. Recent government policies have focused on socio-economic transformation and downstream beneficiation rather than supporting horizontal linkages, while skills shortages and policy uncertainty have hindered recent growth.
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Document type: Case study
WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The document argues that poor environmental governance by the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS) leads to systemic violations of environmental rights in South Africa's mining sector. It highlights severe impacts on water resources, including acid mine drainage and the depletion of aquifers, and notes the destruction of strategic water source areas (SWSAs). The CER identifies critical failures in the Environmental Impact Assessment (EIA) process, citing insufficient timeframes for public participation and a lack of independence among practitioners. It recommends transferring environmental regulation of mines from the DMR to environmental authorities, implementing free prior and informed consent (FPIC) for communities, and establishing 'no-go' areas for mining in ecologically sensitive zones.
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Document type: Statement
Submission to Portfolio Committee on Mineral Resources on the MPRDA Amendment Bill: Closure, rehabilitation and financial provision (section 43 of the Act)
A joint submission by environmental organisations to the South African Portfolio Committee on Mineral Resources regarding the MPRDA Amendment Bill. The authors support the principle that mining right holders remain responsible for environmental liabilities regardless of a closure certificate but strongly oppose a proposed 20-year limit on the Minister's ability to retain financial provisions for latent impacts, arguing that such a period is arbitrary and often insufficient to cover long-term issues like acid mine drainage.
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Document type: Statement
SONA 2012: A “massive infrastructure development drive”
President Jacob Zuma's 2012 State of the Nation Address focuses on a "massive infrastructure development drive" to combat unemployment, poverty, and inequality. The plan includes five geographically-focussed programmes to integrate rail, road, and water infrastructure, alongside significant investments in ports and mining beneficiation. The address also highlights the transition toward a green economy, including solar energy targets and the management of acid mine drainage, while reporting on progress in education, health, and land reform.
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Document type: Statement
National Strategy for Water re-use
The National Strategy for Water re-use, published by GreenCape in June 2011, outlines a framework for implementing water re-use projects in South Africa to address the country's water-stressed status. It defines various types of re-use, analyzes drivers such as cost and public perception, and identifies sector-specific needs in agriculture, industry, mining, and power generation. The strategy proposes a policy environment focused on clear guidelines, updated water quality standards, and the leveraging of private sector capacity to ensure sustainable water resource management.
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Document type: Report
PROPOSED AMENDMENT TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002: SUBMISSIONS BY 13 NON-‐GOVERNMENT ORGANISATIONS REGARDING ENVIRONMENTAL REGULATION OF PROSPECTING, RECONNAISSANCE, EXPLORATION AND MINING
A coalition of 13 NGOs argues that the Mineral and Petroleum Resources Development Act (MPRDA) provides an inferior environmental regulatory regime compared to the National Environmental Management Act (NEMA). They call for the integration of mining under NEMA to ensure comprehensive environmental impact assessments, better public participation, and higher penalties for non-compliance. The submission also requests specific safeguards for environmentally sensitive areas and improved public access to mining application documents.
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Document type: Statement
Sustainable energy solutions for South Africa
The report documents a 2010 conference of the South African Civil Society Energy Caucus, focusing on the lack of transparency and public participation in the development of the second Integrated Resource Plan (IRP2). It critiques the government's continued reliance on coal and nuclear power, highlighting the failures of the Pebble Bed Modular Reactor (PBMR) and the environmental risks of radioactive waste in the Witwatersrand goldfields. The document advocates for a 'just transition' toward renewable energy, specifically wind and solar, while calling for an independent system operator to resolve conflicts of interest within Eskom.
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Document type: Report
2011-copel-makhubela-q403-what-the-acceptable-and-safe-levels-of-uranium-concentrations-in-water-fit-for-human-consumption-b7410c4602b8b48a.pdf
This document is a written reply from the South African Minister of Water and Environmental Affairs to a parliamentary question regarding the government's policy on safe uranium levels in drinking water.
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Document type: Briefing
NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415
The document examines a legal case where the New Heriot Gold Mining Company successfully sued the Union Government for damages after a railway embankment's failure to divert storm-water flooded its underground works. The court affirmed that while statutory authority provides some exemption from liability for water discharge, this does not cover works that are negligently executed or maintained. Notably, the court adopted a pragmatic approach to legal causation, ruling that the inability to mathematically apportion the exact volume of water caused by the state's negligence should not prevent a party from receiving relief.
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Document type: Legal commentary