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

Environmental Authorisation Refusal

REF NUMBER: GP 30/5/1/2/2 (38) MR

Jones & Wagener (Pty) Ltd, Engineering and Environmental Consultants (“J&W”) hereby inform you that Ezulwini Mining Company (Pty) Ltd (“EMC”) has been refused an Environmental Authorisation (“EA”) for the proposed cessation of pumping and associated decommissioning of the underground workings of the EMC mining operations (Cooke 4 Shaft) located close to Westonaria, in the Gauteng Province, following an appeal on the initial EA refusal.

The EA was refused by the Department of Mineral Resources and Energy (“DMRE”) on 20 November 2020 in terms of the National Environmental Management Act (Act 107 of 1998, as amended) (“NEMA”), and the NEMA Environmental Impact Assessment Regulations (Government Notice R982 in Government Gazette 38282 of 4 December 2014, as amended) (“NEMA EIA Regulations”).

As required by Regulation 4(2) of the NEMA EIA Regulations, all registered Interested and Affected Parties (“I&APs”) must be notified of the decision within 14 days of the date of the decision on the EA. As per the EA, we would like to draw your attention to Chapter 2 of the NEMA National Appeal Regulations (Government Notice R993 in Government Gazette 38303 of 8 December 2014, as amended) (“NEMA Appeal Regulations”) which prescribe the appeal procedure to be followed.

Please note that the reasons for refusing the authorisation are included in the EA, as issued by the DMRE on 20 November 2020. A copy of the EA is attached.

Should any party wish to appeal any aspect of the decision, an appeal must be submitted to the Minister of Environmental Affairs within 20 days from the date of this notification.

The appeal submission must be submitted in writing in the form obtainable from the Department of Environment, Forestry and Fisheries (“DEFF”) and be accompanied by:

• A statement setting out the grounds of appeal;
• Supporting documentation, which is referred to in the appeal submission; and
• A statement, including supporting documentation, by the appellant to confirm compliance with Regulation 4(1) of the NEMA Appeal Regulations.

Appeals must be submitted to the DEFF by means of one of the following methods:

By facsimile: (012) 359 3609

By post:  Private Bag X 447, Pretoria, 0001

By hand: Environment House, Corner Steve Biko and Soutpansberg Street, Arcadia,                                                                     Pretoria, 0083