April 2011
Another day - another challenge
Is the recent Western Cape High Court judgement on the applicability of the National Environmental Act (NEMA) and a Cape Provincial Land Use Planning Ordinance with regard to mining activities, going to affect our industry?
There has been conflict between the DMR and the DEAT for years, regarding the regulation of environmental matters for mining and related activities. There was the initial push with the publishing of the NEMA Amendment Act in 2008, that there would be more impact from the DEAT. As nothing happened, it was assumed that the correct legal position is that NEMA does not apply to the mining industry. You know the quote ‘assumption is the mother of all screw-ups', and let's hope that this is not the case here.
The problem arose in that some of the activities taking place in a mine's mining area are listed activities in terms of the NEMA and the EIA regulations. The environmental provincial departments started demanding that mines also obtain an environmental authorisation despite these operations having the necessary authorizations in terms of the MPRDA.
In the City of Cape Town vs Macsand (Pty) Ltd and other 2010 (6) SA 63 WCC, the court eluded to the fact that in terms of the Constitution, land use was a provincial and local authority competence; whereas it found that mining was a national competence. The court answered the question of a right to mine under the MPRDA to be over-ruled by a local authority - by finding that the Constitution does not give national legislation the right to take away the planning function of municipalities.
Effectively, the implication of this judgement means that the DEAT can now require in addition to any right acquired under the MPRDA, that further authorisation be procured under NEMA. It also means that local Cape Provincial authorities can stop mining activities, where the local land use determination does not allow for mining, until such land use is changed to allow mining.
One wonders what the affect of this will be if it is taken further by the local municipalities?
Dale Kelly
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Modern Quarrying expands its horizons with exciting new feature: Readymix concrete, related products and service The manufacture of high quality concrete at the proper consistency is a process that requires tight control, and to achieve this, batching plants need to be of a specified standard and regularly maintained. The aggregate and sand quarries are where the stone for this process is harvested and as such how can a magazine report on one without covering the other?
To this end, we are going to take a comprehensive look at this industry in every issue, covering its processes, the high-tech solutions, the professional standards required, environmental concerns and legislation, in an attempt to represent and promote the entire industry from the quarries to the end products.Your input in this regard is highly appreciated, and the editor Dale Kelly, can be contacted directly on tel: +27 11 622 4770 or email dalek@crown.co.za for further information. Bennie Venter is handling ad sales on the same number, and on email at benniev@crown.co.za. IQSA Conference and Exhibition The keynote speaker at this year's conference which takes place from 14-15 April at the Eskom Convention Centre in Midrand, is David Grier, celebrity chef, author and extreme adventurer. Grier recently completed the first-ever sole Madagascan challenge - a paddle from Africa to Madagascar (500 km), and then running the island from south to north (2 700 km).
The static exhibition will be held indoors with an exciting outdoor exhibition taking place in the grounds. Papers promise to be extremely relevant, and these will be made available on the IQSA's website after the conference. An international delegate from the UK Institute of Quarrying will be launching the E-Learning programme developed by the University of Derby in conjunction with the UK Institute of Quarrying. For more information, visit www.iqsa.co.za In this issue • We visit Midmar Crushers in Howick and find that this operation is true to its values. This is an honest operation in every sense of the word, and its founder Louis Fourie, his son Derryn and the team can be extremely proud.
• MQ publishes the list of exhibitors who are taking part in the IQSA's annual event at the Eskom Convention Centre in Midrand, from 14-15 April. We also include the chairman's report for 2010/2011.
• Aspasa is calling for proportionate legislation and regulation in the industry, and for recognition from government for its progress in operational and environmental performance.
• Our new feature ‘readymix concrete and related products and services' looks at the recently-held Sarma conference, and we meet up with Sarma's SHREQ auditor Pieter du Preez. The pictures in this feature are an eye-opener!
• MQ meets up with Rob Spargo for an update on Linatex's integration into Weir Minerals, and find out about some exciting new technology.
• Also on new technology, MQ visits Independent Crushers in East London, to see Sandvik's DP1500i Surface Top Hammer Drill rig, which is the first machine to be purchased by a quarry in South Africa.
• Caterpillar has introduced its Cat 374D L and Cat 390D L excavators, both of which are setting new performance standards in their respective machine classes. Caterpillar is represented in southern Africa by Barloworld Equipment.
• And finally, we look at a borrow pit in the Mpophomeni area in the Natal midlands. As a contractor, are you purchasing material from this operation? If so, shame on you!
Let us know what you'd like to see in the magazine. The editor can be contacted on tel: +27 11 622 4770, mobile: 083 419 9162, or email dalek@crown.co.za.
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