Browsing by Author "Fanyane, Khauhelo"

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    The implementation of the Environmental Impact Assessment during the lifespan of mines: an evaluation of the South African legal framework
    (2023) Fanyane, Khauhelo; Mostert, Hanri; Kengni Bernard
    Under the Constitution of South Africa, the development of natural resources must not be developed at the expense of the environment. Instead, the development of minerals must be undertaken simultaneously with the protection of the environment, to safeguard the environment from becoming polluted and degraded due to mineral development. As per the National Environmental Management Act (NEMA), the Environmental Impact Assessment (EIA) provisions were enacted to safeguard the environment during the active stages of the mines. However, the administration of NEMA's provisions, including EIA, are designed by NEMA to be implemented by the Minister of Mineral Resources and Energy. This dissertation analysed whether the Department of Mineral Resources and Energy (DMRE), which is responsible for implementing NEMA provisions, is successfully implementing EIA within the mining sector in South Africa. The dissertation has two sub-inquiries; whether the legislative framework for EIA is adequate for the effective implementation of EIA and whether the existing measures for implementation, compliance monitoring, and enforcement of EIA are successful in ensuring environmental protection during the operational stages of the mines. These issues are considered in light of concerns regarding ongoing environmental degradation and air and water pollution in South Africa caused by the mining sector, despite the statutory provisions for EIA as outlined in NEMA. Some examples highlighting these concerns highlight that some mining companies evade their EIA obligations during the operational stages of the mines and abandon such mines when the minerals are depleted. Furthermore, the study found that the DMRE exacerbates this situation due to inadequate compliance enforcement measures it implements over mines during the mines' operational stages. The study argues that the use of EIA must not be administratively implemented by the DMRE, because the DMRE's main objective consists of promoting the development of minerals, which conflicts with the protection of the environment. Another argument posited by the study is that the existing legislative provisions for EIA, which do not compel mining companies to make compliance reports accessible to the public, hinder accountability by the mining companies and the DMRE, and consequently render EIA unsuccessful. As a result, the dissertation recommends that the effective implementation of EIA during the operational stages of the mines will be enhanced provided the state jointly monitors mining activities with mine rights holders and that compliance reports by mining rights holders are made available to the public by the DMRE to confirm compliance. It concludes that the monitoring and management of environmental activities for mining need to be administered by the Department of Forestry, Fisheries and the Environment, which is the department responsible for implementing NEMA environmental provisions integrating EIA, instead of the DMRE.