Chapter 13 - Procedural Guidelines for GDACE by monkey6

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									GDACE Mining and Environmental Impact Guide

Chapter 13: The GDACE Review Process

13. THE GAUTENG DEPARTMENT OF AGRICULTURE, CONSERVATION AND ENVIRONMENT REVIEW PROCESS

13.1.

Introduction

In the previous two chapters the roles of DME and GDACE were laid out with regard to environmental management of the minerals industry. In this chapter the physical steps that an EO must undertake to review mineral licence applications and related documents forwarded to GDACE by the regional DME office is described. In order to understand the review process, the following points need to be understood by the EO: 1. In terms of the MPRDA, the DME is the lead agent for mining rights, social aspects, safety, and environment pertaining to mineral matters. 2. However, the DME cannot make decisions without consulting various Governmental Departments (at all levels) and interested and affected parties (I&APs). This forms part of the new consultation decision making process implemented at DME. Nevertheless, the final decision to grant or reject an application rests solely with DME. 3. It is the responsibility of the DME to consult with GDACE as part of their consultation process with all the relevant national and provincial departments. 4. GDACE will also form part of the Regional Committee (RMDEC) which has to advise the Minister if there is an objection to granting a prospecting right, mining right or mining permit. GDACE will form part of this committee even if the objection is from other interested and affected parties. 5. Within Gauteng, the applicant must identify GDACE as an I&AP. During the consultation process the applicant must then find out from GDACE what their requirements and concerns are. The types of mineral applications for review are: • • • • • • • • Reconnaissance Permit Prospecting Right Progress Report Retention Permit Mining Permit Mining Right Performance Assessment Report Closure Certificate.

Chapter 13 includes a number of appendices which relate to the above application types. When the EO receives an application, they need to go to the appendix related to that application type and follow the flow diagram and checklist. There are a number of Templates which are also applicable which must be used. All steps are to be recorded as per GDACE’s internal routing structure.

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13.2.

Reconnaissance Permit

A reconnaissance permit is required for any reconnaissance operation. Reconnaissance operations are carried out for, or in connection with, the search for a mineral or petroleum by geological, geophysical and photogeological surveys and includes any remote sensing techniques, but does not include any prospecting or exploration operation. DME currently does not involve GDACE in the review of reconnaissance permits. Template associated with reconnaissance permits have been included in Appendix 13.1. 13.3. Prospecting Right A Prospecting right is required for prospecting activities entailing the intentional search for any mineral by means of any method. This includes methods that results in the disturbing of the surface or sub-surface of the earth, any residue stockpile or residue deposits, or any water body. Templates associated with prospecting are included in Appendix 13.2. 13.4. Progress Report

Routine progress reports should be submitted to the DME by the holder of the prospecting right or reconnaissance permit. The frequency and format of the progress report is determined by the applicable Regional Manager of the DME. Templates for progress reports are included in Appendix 13.7. 13.5. Retention Permit

A retention permit is issued to the holder of a prospecting right who has: ▪ ▪ Established the existence of a mineral reserve which has mining potential Studied the market and found that the mining of the mineral in question would be uneconomical due to prevailing market conditions Templates for retention permits are included in Appendix 13.3. 13.6. Mining Permit

A mining permit may only be issued if: ▪ the mineral in question can be mined optimally within a period of two years, and if ▪ the mining area in question does not exceed 1,5 hectares Templates for Mining Permits are included in Appendix 13.4. 13.7. Mining Right

Although a formal process is laid out above, in practice a more informal approach is adopted by DME, the formal process only being reverted to if the applicant transgresses. In practice the applicant should approach GDACE as one of the I&APs during the compilation of their scoping report. This can include an informal site visit where I&APs can raise concerns that should be addressed by the applicant in the EMP.

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The submission of the EMP by the applicant to DME makes the application official. From then on the Regional DME Office distributes all correspondence and sets up formal meetings between the applicant, their consultants and all I&APs. This must take place within 60 days of the application being lodged. GDACE would be expected to attend all such meetings to give their official input and comments. The applicant is then given time to resubmit the revised, final EMP, which should address all the formal comments and concerns of the I&APs. On receipt of this final EMP, GDACE has 60 days to submit written support for, or opposition to (with substantive reasons), the application. Templates associated with Mining Rights are included in Appendix 13.5. 13.8. Performance Assessment Report

A Performance Assessment Report should be submitted after the closure of the relevant mining or prospecting activity. Templates associated with Performance assessment reports are included in Appendix 13.6. 13.9. Closure Certificate and Plan

The holder of any prospecting right, mining right, retention permit or mining permit must apply for a closure certificate upon: • • • • the lapsing, abandonment or cancellation of the right or permit; cessation of the prospecting or mining operation; the relinquishment of any portion of prospecting to which the right or permit relates;

completion of the prescribed mine closure plan.

Templates associated with closure certificates are included in Appendix 13.8. GDACE also have to deal with notification of decisions which have been included in Appendix 13.9.

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