Deputy Speaker, one of the greatest environmental challenges facing South Africa and its people is mining. On the one hand, it has massive benefits for our economy, yet on the other hand, it has the potential to destroy the very environment in which we have to live.
We cannot ignore the economic potential of mining in our country, but at the same time we cannot allow it to occur at the expense of our environment.
South Africa is endowed with massive mineral wealth, estimated by Citibank to be to the value of US$2,5 trillion.
From an economic perspective, mining in South Africa contributes an average of 20% to our country's GDP, and the industry generates an annual income of some R330 billion. It currently creates employment for well over a million people - that is the upside of mining.
The downside of mining is the unscrupulous operators and loopholes in our legislation that have resulted in land degradation and air and water pollution. This damage is a direct result of acid mine drainage, toxic waste and abandoned mines.
The single most negative impact of mining is the destruction it causes. Mine waste remains one of the main sources of pollution in our country. Heavy metals continue to seep into our scarce water supplies, and this has now reached epidemic proportions.
This cannot be left to continue. It will ultimately lead to the systematic destruction of our environment - the very earth and water that is critical to our existence.
The Bill before this House today addresses both the economic and environmental challenges that we currently face. The National Environmental Management Laws Third Amendment Bill proposes amendments to certain provisions in the National Environmental Management Act; the National Environmental Management: Waste Act; and the National Environmental Management Amendment Act.
The Bill proposes amendments by empowering the Minister of Mineral Resources to implement environmental matters in terms of the National Environmental Management Act, insofar as it relates to prospecting, mining, exploration, production or related activities on prospecting, mining, exploration or production areas.
The Bill further proposes amendments to the National Environmental Management: Waste Act to allow the Minister of Water and Environmental Affairs to develop regulations for the management of residue deposits and stock piles; such regulations to be implemented by the Minister of Mineral Resources.
Residue deposits and stock piles continue to pose environmental challenges and are often ignored by operators, but continue to impact on our health and our environment.
The proposed new statute follows proclamations gazetted during June 2008, which initially announced the commencement of the Minerals and Petroleum Resources Development Amendment Act of 2008, and its provisions for a single environmental management system for the mining industry. These have subsequently been withdrawn.
It also follows the introduction in Parliament last month of the much- anticipated Mineral and Petroleum Resources Development Amendment Bill. Amongst its provisions is one proposing that the Minister of Water and Environmental Affairs should be the appeal authority for decisions taken by the Minister of Mineral Resources on environmental authorisation applications or environmental management programmes relating to areas in which mining occurs.
Unscrupulous mining operators and mine owners will now find themselves on the wrong side of the law and will be personally held accountable in terms of section 24 of the Act, which reads, and I quote:
The directors of a company or members of a close corporation are jointly and severally liable for any negative impact on the environment, including damage, degradation or pollution advertently or inadvertently caused by the company or close corporation which they represent.
For too long, mining operators have got away with destroying our environment.
Section 24 will further ensure that an applicant for an authorisation relating to prospecting, exploration, mining or production must, prior to the issue of an environmental authorisation, comply with the financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.
It is the Minister's responsibility then to ensure that the financial provision is adequate before issuing an environmental authorisation.
All mining applications will now require the submission of an environmental management programme, once again, prior to the application being considered.
The management programme must contain measures regulating responsibilities for any environmental damage, pollution, pumping and treatment of polluted or extraneous water or degradation that may occur inside or outside the boundaries of the operation.
As you heard earlier, timeframes for applications and appeals are now clearly defined in the Bill. Should minerals be discovered while digging an additional standby fire pool at Nkandla and a mining licence is required ... [Laughter.] ... it will take no more than 300 days to process; and not 30 days, as the President said when he stood up here a few weeks ago.
It will take no more than 300 days. An additional 90 days will be required for any appeals.
Another crucial amendment has been introduced that prohibits granting authorisation for commencement and construction until the appeal process has been finalised.
During the portfolio committee's discussion on the Bill, the DA raised its concern that the delegated authority for the issue of licences was given to the Minister responsible for mineral resources. Recent experience has clearly shown that the environmental competencies of the Department of Mineral Resources are considerably weaker than those of the Department of Environmental Affairs.
Under the existing law the competent authority for environmental authorisations of mines is the Minister of Mineral Resources. There are, however, various other components of mining developments that still require approval from the Minister of Environmental Affairs.
This creates confusion and hampers the efficiency of the approval process. The DA is still of the opinion that a single, competent authority to manage environmental authorisation should fall under the sole competency of the Minister of Environmental Affairs.
However, this being said, we are pleased to note and acknowledge that the committee made the Minister of Environmental Affairs the appeal authority in this case.
A further concern which was raised during the portfolio committee's debates is the appointment of environmental mineral resource inspectors by the Minister of Mineral Resources. However, again, we are delighted that, should the appointed inspectors from the Department of Mineral Resources not be able to perform their functions competently, the Bill provides that the Minister of Environmental Affairs may send in inspectors from that department.
The DA believes that this Bill is progressive in dealing with both the streamlining of applications as well as the current environmental challenges in the mining industry.
Again, I would like to express my thanks to the chairperson for his leadership and knowledge. It has been an extremely technical and legalistic Bill and he has done his work admirably. To my fellow committee members, I thank you for your support and for the way we were able to put this together.
Lastly, to the hon Minister, who has shown such passion, commitment and dedication in this portfolio, I would just like to say, hon Minister, I am sorry that you and I didn't get the opportunity to engage at committee level. I have not seen you at a committee meeting and I have been part of this organisation and this august House for one year.
Speaker, the DA supports the Bill. Thank you. [Applause.]