Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 5 Generally, water use must be licensed under the NWA unless: • It is an existing water use; • It is permissible under a general authorization; • It is listed in Schedule 1 of the Act; and • A responsible authority has waived the need of a license. The NWA also takes into account the prevention of pollution of water resources and places a responsibility on all water users to take all reasonable measures to prevent or minimize water pollution. It also provides for a framework for the remedying of water resources which have been polluted. 1.4.8 Environment Conservation Act (Act No. 73 of 1989) The objectives of the Act are to provide effective protection of the environment, controlled use of natural resources and provision of guidelines to handling matters relating to environmental incidents. Most of the provisions of this Act have been repealed by the suite of legislation promulgated in terms of NEMA. ‣ Ancestral graves ‣ Royal graves and graves of traditional leaders ‣ Graves of victims of conflict ‣ Graves of individuals designated by the Minister by notice in the Gazette ‣ Historical graves and cemeteries ‣ Other human remains which are not covered in terms of the Human Tissue Act, 1983 (Act No. 65 of 1983); • Sites of significance relating to the history of slavery in South Africa; and • Movable objects, including: ‣ Objects recovered from the soil or waters of South Africa, including archaeological and palaeontological objects and material, meteorites and rare geological specimens ‣ Objects to which oral traditions are attached or which are associated with living heritage ‣ Ethnographic art and objects ‣ Military objects 1.4.9 National Heritage Resources Act (Act No. 25 of 1999) The National Heritage Resources Act (Act No. 25 of 1999) (NHRA) defines the heritage resources of South Africa, which are of cultural significance or other special value for the present community and for future generations that must be considered part of the national estate to include: • Places, buildings, structures and equipment of cultural significance; • Places to which oral traditions are attached or which are associated with living heritage; • Historical settlements and townscapes; • Landscapes and natural features of cultural significance; • Geological sites of scientific or cultural importance; • Archaeological and palaeontological sites; • Graves and burial grounds, including: ‣ Objects of decorative or fine art ‣ Objects of scientific or technological interest ‣ Books, records, documents, photographic positives and negatives, graphic, film or video material or sound recordings, excluding those that are public records as defined in section 1(xiv) of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996). Section 35(4) of the NHRA states that no person may, without a permit issued by the responsible heritage resources authority: • Destroy, damage, excavate, alter, deface or otherwise disturb any archaeological or palaeontological site or any meteorite; • Destroy, damage, excavate, remove from its original position, collect or own any archaeological or palaeontological material or object or any meteorite; • Trade in, sell for private gain, export or attempt to export from the Republic any category of KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 6 archaeological or palaeontological material or object, or any meteorite; • A comparative assessment of the feasible alternatives is made; • Bring onto or use at an archaeological or palaeontological site any excavation equipment or any equipment that assists in the detection or recovery of metals or archaeological and palaeontological material or objects, or use such equipment for the recovery of meteorites; or • Alter or demolish any structure or part of a structure which is older than 60 years as protected. 1.4.10 Mineral and Petroleum Resources Development Act (Act No. 28 of 2002) This Mineral and Petroleum Resources Development Act (MPRDA) aims to make provision for equitable access to and sustainable development of the nation’s mineral and petroleum resources by vesting custodianship thereof to the state and not to the landowner. In doing so, it wants to expand opportunities for previously disadvantage persons, promote economic growth and employment and improve social and social security conditions of people. Schedule II to the Act provides for the treatment of prospecting and mining applications, the continuation of existing rights, and for the continuation of royalty payments in limited circumstances. The MPRDA is supported by guiding regulations (R527) that set out the requirements for social and environmental processes (Part I), social and labour plans (Part II) and mineral development, petroleum exploration and production (Part III). Regulation 50 of the MPRDA outlines the reporting requirements of EIAs for mining activities. It specifies that the EIA report must ensure, as a minimum, that: • The environment likely to be affected by the proposed mining operation and alternatives thereto is investigated; • Potential impacts, including cumulative impacts of the proposed operation and alternatives are investigated; • An assessment of impacts as described above is carried out; • Mitigatory measures are investigated and described for each significant impact; • The stakeholder engagement process is described with an indication of how issues raised have been addressed; • Knowledge gaps, adequacy of predictive methods, underlying assumptions, and uncertainties encountered are reported on; • Arrangements for monitoring and management are described; and • Technical and supporting information are included as appendices. 1.4.11 Conservation of Agricultural Resources Act (Act No. 43 of 1983) The Act aims to provide for the conservation of the natural agricultural resources through maintaining the production potential of land, through combating and preventing erosion or the weakening / destruction of water sources, and through the protection of vegetation by combating weeds and invader plants. 1.4.12 National Forest Act, 1998 (Act No. 84 of 1998) The National Forest Act (NFA) provides for sustainable forestry management and the restructuring of the forestry sector in South Africa. The NFA promotes the sustainable use of forests for environmental, economic, educational, recreational, cultural, health and spiritual purposes and facilitates greater access to the country’s forests. The NFA also recognises the relationships between people and the resources provided by forests. An important innovation is a provision allowing communities that have rights in forest land or border State forest land to enter into community forestry agreements with the Minister for joint management of State forests. 1.4.13 Water Services Act (Act No. 108 of 1997) This Act has been amended by the Water Services Amendment Act (Act No. 30 of 2007). The Act serves to provide for the right to basic water and sanitation and KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
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Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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