Question NW796 to the Minister of Water and Sanitation

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16 April 2019 - NW796

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Water and Sanitation

(1)What is the total number of mines with a water licence in each province that (a) meet the licensing requirements and (b) do not comply with the licensing requirements; (2) what (a) is the name of each mine with a water licence that does not comply with the licensing requirements, (b) is the area and province in which each mine is located, (c) are the reasons why the mines do not comply with the water licensing requirements and (d) steps does he intend to take to address the deficiencies; (3) with reference to operational mines in each province that are not in possession of water licences, what are the full relevant details of the (a) name of each mine, (b) area and province in which each mine is located, (c) reasons why the mines are operational without water licenses having been awarded to them and (d) steps he intends to take to address these deficiencies?

Reply:

(1)(a) The total number of mines with a water use licence in each province authorized to use water are 712.

(1)(b) Refer to Annexure A for the total number of mines authorized but non- compliance.

(2) Refer to Annexure A for the action taken to address the deficiencies by authorized non-compliant mines and Annexure B for the technical and administrative conditions of a licence in terms of the National Water Act, 1998 (Act No 36 0f 1998) (NWA).

(3)(a) A total number of mines operating without authorisation in each province are 115.

(3)(b) The table below reflects the number and province in which each of those mines are located. Refer to Annexure C for list of mines operating without authorisation in each province.

Province

Number of mines

Steps to be taken to address

Gauteng

13

Administrative enforcement action

Limpopo

3

Administrative enforcement action

Mpumalanga

30

Administrative and criminal enforcement action

Kwa Zulu Natal

37

Administrative enforcement action

Free State

5

Administrative enforcement action

Northern Cape

25

Administrative enforcement action

Eastern Cape

1

Administrative enforcement action

North West

1

Administrative enforcement action

Total

115

(3)(c) It is not clear why transgressors resort to operation of mines without the requisite authorisation however; the Department continues to intensify activities to protect the water resource as mandated by the National Water Act, (Act No. 36 of 1998).

(3)(d) The Department investigates identified as well as reported non- compliances regularly. These non-compliances are dealt with in accordance with administrative, criminal and civil enforcement tools as prescribed by the National Water Act, (Act No. 36 of 1998).The Department also collaborates with other law enforcement agencies such as the South African Police Services and the National Prosecuting Authority in respect of non-compliance matters which require further criminal enforcement action.

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