Question NW3871 to the Minister of Mineral Resources and Energy
08 December 2023 - NW3871
Ceza, Mr K to ask the Minister of Mineral Resources and Energy
What punitive measures does his department have in place to ensure that all mines operating in (a) Secunda, (b) Witbank and (c) Middelburg comply with environmental regulations put in place to prevent degradation and/or pollution, in order to improve the life expectancy of communities who reside around the specified mining areas?
Reply:
Section 31(L) (1) of National Environmental Management Act, 108 of 1998 (NEMA as amended) states that: an Environmental Management Inspector or Environmental Mineral and Petroleum Inspector, may issue a compliance notice if there are reasonable grounds for believing that a person has not complied-
(a) with a provision of the law for which that inspector has been designated in terms of section 31D; or
(b) with a term or condition of a permit, authorisation or other instrument issued in terms of such law.
In terms of Section 31(N) (2) of National Environmental Management Act, 108 of 1998 (NEMA as amended), if a person fails to comply with a compliance notice, the environmental management inspector or an environmental mineral and petroleum inspector must report the non-compliance to the Minister.
The Minister may-
(a) revoke or vary the relevant permit, authorisation or other instrument which is the subject of the compliance notice; and
(b) take any necessary steps and recover the costs of doing so from the person who failed to comply.