Blackhawkmines

http://www.bdlive.co.za/national/science/2013/01/29/environment-bill-causing-confusion-over-mining-development PROPOSED legislation that brings South Africa closer to making the water and environment minister solely responsible for approving the environmental impact assessments required before mining development can take place, has introduced further confusion into an already perplexing arena, lawyers said on Monday. Stakeholders in mining, one of South Africa's largest employers, seem to be confused over whether the water and environment minister or the mineral resources minister has the final say over proposed mining development since the 2008 amendments to the Mineral and Petroleum Resources Development Act were enacted, but not brought into force. Changes proposed in the 2012 Mineral and Petroleum Resources Development Act Amendment Bill would result in a misalignment of its provisions and those of the National Environmental Management Act if the Mineral and Petroleum Resources Development Bill was enacted in its current form, Webber Wentzel associate Garyn Rapson said. Centre for Environmental Rights director Melissa Fourie said it was "very difficult to read the bill" and it had to be read with three other pieces of legislation. Centre attorney Dina Townsend said the proposed law was a mind bender for lawyers, and would be "even more inaccessible" for communities affected by mining development. While Department of Mineral Resources spokeswoman Zingaphi Jakuja said the deadline for comment expired on Monday, Ms Fourie said the centre had an e-mail from the department that had the final date as Friday. On a positive note, the proposed legislation made the National Environmental Management Act the primary law governing all development affecting the natural environment and aimed to "put to bed" some mining companies' contention that the environmental act did not pertain to them, Ms Fourie said. However, it contained an inherent conflict of interest in that env