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

Aim... ... 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.

Sustainable development Outline Mine Closures Introduction Legislative framework prior to MPRDA Legislative framework under MPRDA Sustainable development The legislation Court decisions MPRDA and sustainable development

Mine Closure : Introduction SA Mining Industry Small towns, Big problems Forecast of mine closures

Mine Closure: Introduction Thematic map: Mining

Mine Closure: Introduction

Mine Closure Govt Mining Right Holder Communities

Legislative framework prior to MPRDA Constitution of South Africa, 1996 National Environmental Management Act 107 of 1998 (“NEMA”) Minerals Act 50 of 1991

Legislative framework prior to MPRDA Minerals Act, 1991 Overview 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 Environment S 24. Everyone has the right – to an environment that is not harmful to their health or wellbeing; and To have the environment protected, for the benefit of present and future generations, through reasonable and other legislative and other measures that – prevent pollution and ecological degradation promote conservation; and 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 Principles S 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

MPRDA

Legislative framework under the MPRDA S 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 programme Section 41 – financial provision for remediation Section 43 – closure certificates Social and Labour Plan

Legislative framework under the MPRDA/Sustainable Development S 37. Environmental Management Principles 1) The principles set out in section 2 of the National Environmental Management Act, 1998 a) 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.

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)

Conclusion Environmental sustainability Social sustainability Economic sustainability

Abridged Bibliography Colloquium Presentations Dixon 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 Article McKay 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). Legislation Atmospheric 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 Cases Alexkor 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.