Appellants’ Appeal Presentation Endangered Wildlife Trust Federation for a Sustainable Environment Mpumalanga Landbou/Agriculture Advocate Aymone Du Toit
Atha’s proposed Yzermyn underground coal mine in in Wakkerstroom Magisterial District, Mpumalanga • Underground mining footprint ± 1 200 hectares on properties: Goedgevonden 95 HT; Portion 1 of Kromhoek 93 HT; Remainder of Kromhoek 93 HT; Portion 1 of Yzermyn 96 HT; and Zoetfontein 94 HT • Surface infrastructure ± 22.4 hectares on Portion 1 of Yzermyn 96 HT • Project would involve: extraction, crushing, screening and stockpiling of coal product, and transportation of coal product for sale • Estimated life of mine: 15 years 2
Locality Heyshope Dam Proposed mine Plotted using GPS coordinates taken from Atha’s WUL 3
Atha’s proposed Yzermyn mine Annexure C to Appellants’ Amplified Appeal (File 2 pg 1468): Figure from Atha’s Integrated Water and 4 Waste Management Plan pg 48
Context of proposed mine [site-flyover footage: 2-3 minutes] Footage taken during site-flyover on 16 February 2018 5
Mawandlane River Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 6
Mawandlane River Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 7
Mkusaze River Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 8
Context of the proposed mine (cont.) • Properties currently used for commercial grazing of livestock (sheep and cattle) (EIAR File 1 pg 231) • Several subsistence farmers on proposed mining site – has good to excellent grazing capacity (EIAR File 1 pg 231) Amplified Grounds of Appeal para 107 File 2 pg 1354 9
Commercial l grazin ing of liv livestock (sheep and cattle le) ) Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 10
Commercial l grazin ing of liv livestock (sheep and cattle le) ) Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 11
Context of the proposed mine (cont.) • Approx. 8 homesteads on proposed mine site • Occupied by low-income families with between 8 and 30 people living in each homestead • Households generally rely on: • limited income from a single family member who works on host farm • social grants • This community ‘ is vulnerable from a livelihood perspective, as they do not have access to finances or other resources should their current income come to an end (i.e. farm work) or access to natural resources, such as water and grazing land, be prevented ’ . (Socio-Economic Study conducted by Atha’s first Environmental Assessment Practitioner File 3 pgs 1738-9) Amplified Grounds of Appeal para 108 File 2 pgs 1354-5 12
Homesteads on the proposed min ine sit ite Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 13
Homesteads on the proposed min ine sit ite Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 14
Homesteads on the proposed min ine sit ite Photo taken in the proposed mine area during Appellants’ Site Visit – 16 February 2018 15
Water-use licence (WUL) • 7 July 2016: DG of DWS issued WUL to Atha in terms of s41 of National Water Act (NWA) for proposed Yzermyn mine • Water uses authorised: • taking water from water resource (s21(a) of NWA): abstraction of groundwater from 2 specified supply boreholes Amplified Grounds of Appeal para 26 File 2 pgs 1312-4 16
Water uses authorised (cont.): • impeding/diverting flow of water in watercourse (s21(c) of NWA) and altering bed, banks, course or characteristics of watercourse (s21(i) of NWA) pursuant to construction and operation of mine and associated infrastructure, including: • construction and operation of underground mining activities and voids on various wetland systems • partial destruction of wetland system pursuant to construction and operation of pollution control dam system • construction and operation of surface infrastructure (adit, workshop platform, coal stockpiles, etc.) within 500m of various wetland systems • construction and operation of various pipelines and clean- and dirty- water flo-drains (drainage systems) through and/or within 500m of various wetland systems • construction and operation of various berms (artificial ridges or embankments) and canals through and within 500m of various wetland systems • construction and operation of 2 access roads through and/or within 500m of various wetland systems Amplified Grounds of Appeal para 26 File 2 pgs 1312-4 17
Water uses authorised (cont.): • discharging waste or water containing waste into water resource through pipe, canal, sewer or other conduit (s21(f) the NWA) and disposing of waste in manner which may detrimentally impact on water resource (s21(g) of NWA), including: • discharging water containing waste (treated to specified quality) into wetland system • disposing and storing contaminated water in pollution control dam on wetland system • construction and operation of sewage treatment plant on wetland system • construction and operation of wastewater treatment plant within 500 metres of various wetland systems • use of pollution control dam-process water for dust suppression on roads within mining area within 500 metres of various wetland systems Amplified Grounds of Appeal para 26 File 2 pgs 1312-4 18
Water uses authorised (cont.): • removing, discharging or disposing of water found underground (s21(j) of NWA), in particular pumping out groundwater flowing into the adit and underground workings situated on various wetland systems Amplified Grounds of Appeal para 26 File 2 pgs 1312-4 19
Strategic Importance and Sensitivity of the Affected Water Resources Advocate Aymone Du Toit
Mabola Protected Environment (MPE), 2014 • Declared: 22 January 2014 in terms of National Environmental Management: Protected Areas Act, 2003 • Mine properties within MPE: Goedgevonden 95 HT; Portion 1 of Kromhoek 93 HT; Remainder of Kromhoek 93 HT • Mine properties outside of and adjacent to MPE: Portion 1 of Yzermyn 96 HT; Zoetfontein 94 HT (omitted from MPE in final declaration stage) Annexure H2 to Appellants’ Amplified Appeal (File 3 pg 1715): Figure prepared by Vanessa Stone, WWF-SA 21 Amplified Grounds of Appeal para 29.15 File 2 pgs 1317-8
22
National Freshwater Ecosystem Priority Area, 2011 (NFEPA) Annexure H to Appellants’ Amplified Appeal (File 3 23 pg 1711): Figure prepared by Vanessa Stone, WWF-SA
National Freshwater Ecosystem Priority Area (NFEPA) • System of classification developed by several organisations working with DWA (now DWS) and DEA • Assegaai River: B ecological category (i.e. largely natural) FEPA river (NSS pgs 209 and 210; SAS 2015 assessment File 2 pg 1016) • River FEPAs: • rivers still in relatively good ecological condition occurring in healthy catchments - should remain in relatively good condition to contribute to national biodiversity goals and support sustainable use of water resources • surrounding land and stream networks need to be managed to maintain good condition of river reach (NFEPA Atlas p. 14) • 6 wetland FEPAs (of A/B ecological category, i.e. natural or largely natural) in close proximity to proposed mine (some within 1km of underground mine area) (NSS pgs 22 and 209), including: CVB5 - within 500m of underground mine boundary (SAS 2015 assessment File 2 pg 1016) • Wetlands FEPAs: must be maintained if in good ecological condition and rehabilitated to best attainable ecological condition if in substandard ecological condition (NFEPA Atlas p. 14) Amplified Grounds of Appeal paras 29.11-2 File 2 pgs 1316-7 24
Strategic Water Source Area (SWSA) Project Proposed mine within Enkangala Drakensberg SWSA Amplified Grounds of Appeal para 29.13 File 2 pg 1317; Annexure DML1 to Affidavit of David Le Maitre (CSIR) (File 4 pg 2467), read with Affidavit para 12 File 4 pg 2463 25
SWSA Project (cont.) • Council for Scientific and Industrial Research (CSIR) have been working since 2011 on a project to identify SA’s SWSAs • Project reference group includes DWS, DEA, South African National Biodiversity Institute (SANBI), Water Research Commission (WRC), SANParks and WWF-SA • First report identifying SWSAs released March 2013; second report released March 2018 • What are SWSAs? Areas of land that: a) supply a disproportionate (i.e. relatively large) quantity of mean annual surface water runoff in relation to their size and so are considered nationally important; or b) have high groundwater recharge and where the groundwater forms a nationally important resource; or c) both (a) and (b) (March 2018 report pg 28) (Affidavit of David Le Maitre paras 4-7 File 4 pgs 2460-1) 26
Recommend
More recommend
