EDITORIAL SUSTAINABILITY
Before mining or prospecting, it is necessary to obtain various rights or permits under the MPRDA, NEMA, and other applicable environmental statutes, depending on the environmental impact of the specific operation under consideration.
From an environmental perspective, the key authorisation is an EA under NEMA. A WUL under the NWA may also be required, depending on the water uses associated with an activity. Securing an EA involves the applicant conducting a Basic Assessment( BA) or a full Scoping and Environmental Impact Assessment( EIA), depending on the specific listed activities triggered by the proposed development, which is determined by the size of a prospecting or mining project.
Both the BA and EIA processes include requirements for public consultation. Compliance with these obligations is critical to ensure that communities and stakeholders are properly informed and engaged. Failure to conduct meaningful and adequate consultation can lead to legal challenges and project delays. Recent high-profile cases, including( i) the interdict proceedings which prevented Shell / Impact Africa from conducting seismic exploration along the Wild Coast and( ii) the interdict proceedings and subsequent appeals against seismic surveys off the West Coast have shown that communities and environmental NGOs are increasingly vocal in their objections to projects that pose significant environmental risks. In these cases, the adequacy of public consultation was spotlighted, and in the Shell / Impact Africa case, these objections were successfully upheld by the High Court and the Supreme Court of Appeal. This emphasises the importance of transparent, effective engagement with affected communities, as failure to do so can result in legal setbacks, reputational damage, and even project cancellation.
The way forward
As the world transitions towards greener energy solutions, South Africa’ s ability to incorporate sustainability into its CRM mining sector will be crucial. In addition to adhering to existing regulations, South Africa can adopt international best practices to further promote sustainability. For example, the International Council on Mining and Metals( ICMM) has developed Mining Principles that encourage responsible environmental
stewardship, ethical business practices, and transparent community engagement. Similarly, the International Finance Corporation( IFC) has outlined Environmental and Social Performance Standards that apply to mining projects, including those involving CRMs.
By promoting the use of these guidelines in its national framework, South Africa can position itself as a global leader in sustainable mining. This could involve encouraging the use of renewable energy in mining operations, improving waste management practices, and fostering stronger community relations through transparent consultation processes. By promoting innovation and sustainable practices, South Africa can ensure the long-term viability of its CRM sector while contributing to the global transition towards cleaner energy.
As the world transitions towards greener energy solutions, South Africa’ s ability to extract CRMs responsibly will not only bolster its own economy but also set a global standard for environmentally conscious mining practices. By adhering to stringent regulations and prioritising sustainability, the country can ensure long-term benefits both for its people and the global supply chain. ■
REFERENCE:
1
Minister of Mineral Resources and Energy and Others v Sustaining the Wild Coast NPC and Others( 58 / 2023; 71 / 2023; 351 / 2023) [ 2024 ] ZASCA 84; 2024( 5) SA 38( SCA)( 3 June 2024)
SA PROFILE www. saprofilemagazine. co. za
107