Decision to grant mining licence to Anglo Operation overturned by Barbara Creecy

The Minister of Environment, Forestry and Fisheries, Barbara Creecy, has overturned the decision of the Department of Mineral Resources (DMR) to grant a licence to Anglo Operation in March.

This case originally started on August 4, 2016, when Anglo Operation submitted a mining right application for opencast coal mining on Farm Palmietkuilen 241 IR, in Springs.

The applicant proposed to develop a new opencast coal-mining operation on this property to extract coal through open-pit mining.

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The project was anticipated to have a life of mine of approximately 47 years, with the anticipated production of 2 400 000 tonnes of coal per annum to supply local and international markets.

The key project infrastructure included:

• open-pit mining

• processing plant and fuel storage

• haul roads from pit to plant and from plant to mine access point, and various conveyor belts

• various overburden dumps and run of mine (ROM) stockpile area

• discard disposal facilities (slurry dam and discard dump)

• pollution control dam (PDC), stormwater trenches and sewage management systems

• site offices and security offices.

The proposal was of grave concern to residents, who feared that not only would it threaten the water and air quality in Springs, as well as the Ramsar status of the Blesbokspruit, but it would also force the value of properties in Springs down.

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Several meetings were held between various stakeholders at which the residents and the appeal group acting on behalf of these residents and Springs businesses discussed the community’s objections.

The appeal group, which included seven appellants (the Grootvaly Blesbokspruit Conservation Trust, Hugo Arthur de Koningh, Largo & Grootvaly AH Residents & Businesses, Palmietkuilen, Aston Lake Community, Springs Nigel Branch, Wildlife and Environment Society of South Africa, and Rossouw Pluimvee Beherend) were opposed to the decision taken by the DMR on the basis of several factors which they addressed in their written objections.

These included:

• need and desirability of the proposed mining project

• procedural unfairness and public participation process

• noise, air and water pollution

• decrease in property value

• impact on agricultural land use.

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Creecy’s decision to set aside the granting of the mining licence to Anglo Operations was mostly due to the impact the mine would have on the agricultural land in the area.

“Whilst I am aware of the social benefits of the proposed mining, I find that such does not outweigh the need to protect and preserve the prime agricultural land.

“The said area has been utilised for agricultural activities for generations and can go on to be used for such, provided soil disturbances are avoided.

“One of the biggest threats to the retention of productive agricultural land is the conflict between agriculture and mining land uses.

“With the matter at hand, I find that it is vital to preserve the current land use, namely commercial agriculture,” said Creecy in her ruling.

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“This is excellent news for Springs and the farmers of our area.

“We thank all those who participated in the seven appeals that were lodged.

“I would, however, point out that the applicant is entitled to have this decision judicially reviewed,” says Philip de Jager of De Jager Kruger van Blerk, who was instrumental in the appeal process.

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