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Mining cannot be the exception when all other economic activity is subject to thorough processes, planning and environmental management.

Decisions about granting mining rights, as with decisions about any other economic activity, must be subject to proper processes across all levels of government, says WWF South Africa (WWF-SA).

Of immediate concern to WWF-SA is the so-called `Maccsands’ court case that is currently being considered by the country’s highest court. The Constitutional Court has been asked to resolve a jurisdiction row between local and national government and rule whether a mining right granted by the Minister of Mineral Resources overrides the municipal Land Use Planning Ordinance (LUPO) regulations and theNational Environmental Management Act.

“To suggest that mining could be exempt from such legislated processes is tantamount to playing an economic game of chance, with potentially damaging effects for people and the environment,” says Dr Deon Nel, Head of WWF’s Biodiversity Unit.

“The Maccsands court case is a watershed. It is absurd to think that mining could be granted an exemption that would override other legislation. All economic activity, including mining, must be subject to integrated planning processes at municipal, provincial and national government levels. Our objective as a society should be to optimise the economic, social and ecological value of our natural environment. This requires inclusive and integrated planning of all economic activities and careful consideration of the trade-offs and synergies for all parties, including people and the environment. Mining cannot and must not be the exception to this”, says Nel.

“Mining applications are considered in a piece-meal manner and no government department is currently assessing the trade-offs and cumulative impacts of mining across the landscape in the context of other land-uses,” says Nel. “This leads to an erosion of the potential value that a landscape can deliver to society and a weak or total lack of understanding of the potentially negative impacts. For example, the current bill of over R900 million to clean up Acid Mine Drainage is testament to costs associated with this lack of integrated planning”.

Mining, whether in a single area or on many smaller areas, can cause major local and downstream impacts and applications should be assessed with thorough attention to these potential impacts. WWF recommends that areas highlighted as priorities for society due to their exceptional value, from a biodiversity or ecosystem services point of view, such as water provisioning, should remain unmined.

For more background and documents on the case please visit: http://cer.org.za/virtual-library/city-of-cape-town-v-maccsand-pty-ltd-and-others-2010/