(1)(a) The Department issued a verbal directive to Kromdraai Colliery during the site investigation on 17 February 2022 and issued a written directive confirming the verbal directive on 21 February 2022.
(1)(b) The directive issued instructed Kromdraai Mine to do the following:
- Take all reasonable measures to contain and minimise the effects of the incident.
- Undertake clean-up procedures.
- Remedy the effects of the incident.
- Appoint a suitably qualified environmental consultant to compile a rehabilitation plan for all the affected areas within ten (10) days upon receipt of this directive, which must be submitted to the Department for recommendations. The rehabilitation plan must entail amongst the others, the nature and extent of the impacts that the incident posed or may pose on the water resource and measures that will be implemented to remediate or mitigate the impacts with clear timeframes and descriptions of how and when each remedial/mitigation action will be implemented.
- Implement all the recommendations contained in the rehabilitation plan and rehabilitate the areas affected by the water use activities within thirty (30) days of Departmental approval of the rehabilitation plan.
(2) The department issued a directive in terms of Section 20(4)(d) of the National Water Act,1998 (Act No 36 of 1998) to Kromdraai Colliery, dated 21 February 2022.
(3) A copy of the directive is attached as Annexure A.
(4) A criminal case was opened with Vosman Police Station in eMalahleni, case number 299/03/2022. Both internal and external witnesses have made their statements in connection with the pollution incident.
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