DMRE PRESENTATION ON DERELICT
AND OWNERLESS ASBESTOS MINE
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28 SEPTEMBER 2019
1. Introduction
2. Derelict and Ownerless (D&O) Mine Sites
‒ Distribution of the D&O Mine Sites
‒ Legislative Gaps
‒ Democratic Government Innervation
‒ Valuation of Liability
‒ High Priority Mine Sites
‒ Asbestos Mines Rehabilitation Progress
‒ Key Project Implementation Plan 2019
3. Conclusion
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PRESENTATION OUTLINE
INTRODUCTION
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South Africa has a long history of formalised mining in excess of a
century.
The Mines and Works act of 1956 introduced a requirement to install
fencing around a mining area upon closure of a mine
The conspicuous absence of mine environmental legislation and
recognition of incremental State liability resulted in the initial mutual
agreement being concluded between the Minister of Water Affairs and
the Chamber of Mines that rehabilitation liability for all abandoned mines
prior to 13 July 1976 will be transferred to the state.
Subsequently, in 1980 regulation for mine rehabilitation requirements
were Gazetted, although they did not clearly define minimum
allowable or essential elements for rehabilitation to be considered
INTRODUCTION
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Sustainable Development became most prominent issue during Mining &Environment summit (Rio De Janeiro, 1991)
Mine Rehabilitation Enforcement became an integral part under MineRehabilitation Minerals Act 50 of 1991. The act empowered the RegionalDirector to approve Environmental Management Plans and to issue closurecertificate to release mining companies from the rehabilitation liability, albeitwithout consultation with other Government regulators.
The Minerals and Petroleum Resources Development Act (MPRDA) of2002 effectively introduced a sustainable approach to the development ofmineral and petroleum resources in South Africa, in line with the SupremeLaw of the nation, the Constitution. In particular, the MPRDA sought toeffectively address all mining environmental issues, with one of its keyobjectives being give effect to the environmental right, as contained insection 24 of the Constitution.
INTRODUCTION
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According to the Constitution of the Republic of South Africa
(Act 108 of 1996) section 24, “everyone has the right to an
environment that is not harmful to their health or well-being”.
It also states that “everyone has the right to have the
environment protected, through reasonable and other
legislative measures that prevent pollution and ecological
degradation, promote conservation and secure ecologically
sustainable development and use of natural resources while
promoting justifiable economic and social development”.
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DERELICT AND OWNERLESS MINE SITES
DISTRIBUTION
LEGISLATIVE GAPS
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Conspicuous absence of mine environmental legislation as well as proper coordination of all relevant pieces of legislations made it impossible to implement polluter pays principle for many years.
Hence, a liability of approximately 6000 Derelict and Ownerless (D&O) mine sites is inherited by the state.
Asbestos mines makeup 254 mines.
It became crucial for Government to create an integrated mine environmental management system to effectively implement polluter pays principle
During the 2002 – 2011 process of amending the MPRDA, NEMA and NWA an agreement was reached between the Ministers of DEA, DMR, and DWS which intended to:
Adopt an integrated mine environmental management system.
Alignment of the MPRDA with NEMA to effect “One Environmental System”
DEMOCRATIC GOVERNMENT INTERV
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The democratic government of South Africa legally embargoed the
mining of asbestos in 1999 due to its extreme health hazard.
Early 2000, the Department of Mineral Resources (DMR) initiated a
research programme on derelict and ownerless mines in order to:
Establish a baseline understanding of the scope of the problem ofderelict and ownerless mines
Pilot the programme of implementation, largely informed by risk ofasbestos
Secure annual allocation of funds for a programme of rehabilitatingderelict and ownerless mines under the Mineral Regulation Branch.This function was subsequently transferred to Mineral Policy andPromotion in 2009
Direct development of a database for D&O, estimated at 6000 at thetime
Guide the initiation of a Government Task Team (DMR, DST, DWEA)
Estimate the extent of the liability (Est. to be R30 Billion at the time)
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VALUATION OF THE LIABILITY
The fair value of the liability in relation to rehabilitation of
former Asbestos mining sites is estimated at R2 billionas at 31 March 2019..
The estimated the present value of the closure costs of all the other derelict and ownerless mines at R48.7 billion as at 31 March 2019. This estimation is supported by the evidence from operational mines as well as DMR guidelines on closure costs.
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HIGH PRIORITY MINE SITES
3.2%
3%
6.3%
47.7%
16.7%
22.4%
0.7%
High Priority
Moderate Priority
Low Priority
No Rehab Appears
Necessary
Operational Or Owned
Visited But No Access
Rehabilitated
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ASBESTOS MINES REHABILITATION PROGRESS
PROVINCE MINE NAME DESCRIPTION
Northern Cape Buisvlei North Asbestos Mine Mine Dumps
Masaneng Asbestos Mine Shafts/Adits
Buisvlei South Asbestos Mine Mine Dumps
Strelley Mine Dumps
Langley Mine Mine Dumps
Prieska Old Hospital Shafts/Adits
Heuningvlei Mine Dumps
Vergenoegd Mine Dumps
Ga-lotolo Mine Dumps
Prieska Parkland Creation Mine Dumps
Buisvlei North Asbestos Mine Mine Dumps
Buisvlei South Asbestos Mine Mine Dumps And Shafts
Masaneng Asbestos Mine Mine Dumps And Shafts
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ASBESTOS MINES REHABILITATION PROGRESS
PROVINCE MINE NAME DESCRIPTION
Limpopo Motsane Asbestos mine Mine dumps and shafts
Mafefe
Penge
Mine dumps and shafts
Ditabogong Mine dumps and shafts
Mahlatjane Mine dumps and shafts
Ga-madiba Mine dumps and shafts
Betle Mine dumps and shafts
Mang le mang Mine dumps and shafts
KwaZulu Natal Klip river Mine dumps and shafts
Sithilo Mine dumps and shafts
2016/17 COMPLETED ASBESTOS REHABILITATION PROJECTS
• Buisvlei South in Northern Cape Province
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2016/17 COMPLETED ASBESTOS REHABILITATION PROJECTS cont…
• Betle Project in Limpopo Province
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2016/17 COMPLETED ASBESTOS REHABILITATION PROJECTS cont…
• Motsane Project in Limpopo Province
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Key Project Implementation Plan 2019
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Project Name Status Province
Streatham Due to complete in August
2019
Limpopo
Msauli Due to complete July 2019 Mpumalanga
Uitkyk Due to complete December
2019
Limpopo
Lagerdraai Appointment of a Contractor Limpopo
Penge Appointment of a Contractor Limpopo
Leather Tender phase Limpopo
Wonderkop Limpopo
Dublin Limpopo
Uitval Limpopo
CONCLUTION
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The Department will continue to:
finalize the verification process of D&O mine sites.
Update the State Contingent Liability to reflect current
developments.
Rehabilitate Asbestos Mine Sites
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