NKOMATI ANTHRACITE (PTY) LIMITED - Sentula Mining

Environmental Impact Assessment Report: Nkomati Anthracite (Pty) Limited, Madadeni Opencast
Mining Project Page 39
5. ENVIRONMENTAL IMPACT ASSESSMENT PROCESS
This chapter describes how the EIA has been conducted up to this point.
5.1 AP P R O A C H T O E N V I R O N M E N T A L IMPAC T AS S E S S M E N T
The term ‘environment’ is used in the broadest sense in an EIA. It covers the physical,
biological, social, economic, cultural, historical, institutional and political environments.
An EIA is a good planning tool. It identifies the environmental consequences of a proposed project
from the beginning and helps to ensure that the project, over its life cycle, will be environmentally
acceptable and integrated into the surrounding environment in a sustainable way.
The EIA for this project complies with the Regulations of the Department of Mineral Resources.
These regulations were promulgated in terms of the Minerals and Petroleum Resources Development
Act, 2002 (Act 28 of 2002).
Two parallel processes were followed during this project, namely an environmental technical process
and a public participation process.
5.2 EIA TECHNICA L PROC E S S
The technical process undertaken for this EIA is summarised below
5.2.1 Co n s u l t a t i o n w i t h L e a d Au t h o r it y
Since the Department of Mineral Resources is the lead agent for this project an initial consultation
was undertaken with the relevant Department in a form of a Scoping Report for the proposed project.
Please note that all documentation compiled for the proposed project are circulated to all relevant
state departments for evaluation.
5.2.2 Ap p l i c a t i o n f o r Au t h o r i s a t i o n
Since the Department of Mineral Resources is the lead agent for the MPRDA process, which is
followed in this case, the approval of the project will be undertaken through the Regulations under the
Mineral and Petroleum Resources development Act, Act 28 of 2002, which clearly indicated the
requirements to be met by Nkomati Anthracite (Pty) Limited (see regulations under the Mineral and
Petroleum Resources Development Act, Act 28 of 2002 (Government Notice No. R 527 of 2004).
However, since the National Environmental Management Act (Act 107 of 1998) is the overacting
legislation for environmental management in South Africa, Nkomati Anthracite (Pty) Limited has as far
as possible compiled this document in conjunction with the regulations under the National
Environmental Management Act (Act 107 of 1998).
In view of the above, the application for authorisation was undertaken through the amendment of the
approved Environmental Management Programme in terms of section 39 of the Minerals and
Petroleum Resources Development Act, Act 28 of 2002.
5.2.3 S c o p i n g R e p o rt
According to section 39(6)(a) of the Minerals and Petroleum Resources Development act, Act 28 of
2002, any Environmental Management Programme must be approved by the Minister, hence the
compilation thereof must be undertaken according to the regulations under the Minerals and
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