Enlisted by PTWC, this was their second visit in six months under the terms of the court order, which ensured that beach and nearshore mining would not occur in and around the mouth of the Olifants River Estuary.
The group of experts was selected for their expertise in the management of coastal and marine environments, as well as their knowledge of rehabilitation and restoration, specifically relating to the sensitive West Coast environment; knowledge of environmental assessments (EAs) and Environmental Management Programmes (EMPrs); as well as the impacts of mining on small-scale fisheries on the West Coast.
On their first visit, which took place in November 2023, the team could not access some Trans Hex mining sites. These were restricted because because another company, Mineral Sand Resources (MSR), was mining on adjacent land. However, on the second visit, the team were able to access and observe mining activities over a much larger area.
Several Concerns
They first visited the Doringbaai (Hollebaksfontein) Trans Hex site, to check rehabilitation there. The team observed the same apparent inadequacies as their first visit last year, as well as no further apparent evidence of rehabilitation, even though the Department of Minerals Resources (DMRE) recently inspected the site and – according to Trans Hex – deemed the rehabilitation progress satisfactory and complete. PTWC will take this issue up with Trans Hex and the DMRE.
During the site visit, the team observed other historic mining activities that it seemed had not been rehabilitated – on coastal land in Concessions 13 A, 12 A and 11A – due to Trans Hex’s diamond and heavy mineral mining. Concerns include areas that require rehabilitation, particularly old roads used to access previous mining sites, disturbances within the buffer zone from the toe of the cliff, cliff erosion, tailings and stockpiles.
The PTWC expert team was also unable to access one specific area subcontracted to another mining company by Trans Hex, where mining has subsequently ceased, due to the poor condition of the road. This raised questions as to how the extent of rehabilitation can be assessed under the court order if these sites cannot even be reached.
Upgraded EMPr overdue
To complicate the situation, Trans Hex missed the deadline to consult with PTWC and to submit an upgraded EMPr to the DMRE for select West Coast mining operations. This requirement was based on the 2023 court order, the reason for the original interdict proceedings brought against them for mining right renewals granted for a further 30 years.
The renewals were based on an outdated EMPr from 2002 that ignored up-to-date environmental science, the avalanche of additional mining and prospecting applications, socioeconomic developments, and the value of the Olifants Estuary as a critical habitat for fish and birds and a mainstay for local livelihoods. This ultimately led to the consent order being taken, committing Trans Hex to an estimated six-month timeline from November last year to provide the updated EMPr after March 1, which now has to be extended given Transhex’s failure to meet the six-month deadline.
PTWC has compiled a report of the transgressions the experts observed, to cross reference this with the existing EMPr and the new EMPr, and is engaging with Trans Hex to determine when the updated EMPr will be provided and what further action might be required.
Trans Hex has responded, citing various obstacles that prevented the company from making the above deadline, and has proposed an extension. Correspondence and negotiations between Trans Hex and PTWC’s legal representatives are ongoing. We will provide an update in due course.
We need your support
For decades, the mining industry on the Cape West Coast has operated with little to no oversight from government authorities required to do so. Miners have mostly operated out of sight, and out of mind. So it has fallen to the public – mainly through NPOs such as PTWC and other community-based organisations – to ensure mining companies and government are scrutinised and held accountable.
In fact, without the efforts of PTWC, such independent oversight would not exist and it would be business as usual for the mining industry. But we cannot continue this work without further funding. It costs money to send our expert teams up to inspect these mines and submit reports, as well as for our legal representatives to follow up with the mining companies, who it seems often use delay tactics, perhaps with the hope that we’ll give up.
But we are as committed as ever to holding them accountable and plan to increase this kind of scrutiny. Please consider a donation to support our cause. You can now ‘Buy us a coffee’ every month as a recurring contribution, or make a larger recurring or one-off donation.
Whatever the size, your contribution will ensure PTWC can maintain pressure on mining companies and government – and force them to do the right thing for the environment and communities of the West Coast.