Sibanye Gold Limited (Sibanye-Stillwater): Proposed closure of the underground workings for Ezulwini Operations – EA Appeal
Ezulwini Mining Company (Pty) Ltd
PROPOSED CESSATION OF PUMPING AND ASSOCIATED DECOMMISSIONING OF THE UNDERGROUND WORKINGS OF THE EZULWINI MINING COMPANY (PTY) LTD (EMC) (COOKE 4 SHAFT), GAUTENG
APPEAL BY APPLICANT AGAINST NEGATIVE ENVIRONMENTAL AUTHORISATION ISSUED ON 30 APRIL 2018
Ezulwini Mining Company (Pty) Ltd (“EMC”/“Appellant”) is appealing to the Minister of Environmental Affairs (“Minister”/“Appeal Authority”) in terms of section 43(1A) of the National Environmental Management Act 107 of 1998, as amended (“NEMA”) and Regulation 4 of GN R993 in GG 38303 of 8 December 2014, as amended (“Appeal Regulations”) promulgated under NEMA. The appeal is against the Regional Manager: Mineral Regulation for the Gauteng Regional office of the Department of Mineral Resources’ (“DMR”/“Regional Manager”/“Respondent”) negative environmental authorisation decision dated 30 April 2018. EMC’s application was for the decommissioning of the underground mine workings and associated cessation of pumping operations at Ezulwini mine, Gauteng Province under reference GP 30/5/1/2/2 (38) MR.
The appeal has been submitted to the Minister, as the Appeal Authority, within the prescribed 20-day time period afforded to the Appellant in terms of Regulation 4(1) of the Appeal Regulations, namely on 21 May 2018.
In terms of Regulation 4(1) of the Appeal Regulations, EMC must provide a copy of its appeal to all registered interested and affected parties (“I&APs”) and organs of state with an interest in this matter within 20 days. Section 47D(1)(bB) of NEMA and Regulation 8(1) of the Appeal Regulations provides that documents may be sent via email. An email notifying registered I&APs of the Appellant’s appeal, and providing the link to download the documents, was sent on 21 May 2018.
A copy of the appeal, and its annexures have been included below. Please note that Annexure “4” to the appeal which is a full copy of the Final Basic Assessment Application that was submitted to the DMR, is available at: https://www.jaws-int.com/public-review-documents/Sibanye-Gold-s-proposed-closure-of-the-underground-workings-of-the-Ezulwini-Operations/.
Should you wish to submit a responding statement to EMC’s appeal, we refer you to Regulation 5 in the Appeal Regulations which provides that “The applicant, the decision-maker, interested and affected parties and organ of state must submit their responding statement, if any, to the appeal authority and the appellant within 20 days from the date of receipt of the appeal submission.”
Cover Letter to Appeal to the Minister of Environmental Affairs 52.33 KB 5 downloadsDated 21 May 2018 ...
Supporting documentation which is referred to in the appeal submission (Regulation 4(2)(b)(ii) in GN R993 in GG 38303 of 8 December 2014) (Annexures 1 – 27)
Annexure 4: FBAR and appendices thereto (hardcopy provided to the Minister of Environmental Affairs; electronic copy available at https://www.jaws-int.com/public-document/sibanye-gold-limited-sibanye-stillwater-proposed-closure-of-the-underground-workings-for-ezulwini-operations/#1583314280067-a43331d7-5b40)
Annexure 8: Overview of engagements with respect to EMC’s environmental authorisation application from August 2016 leading up to the submission of the FBAR on 12 October 2017: