We own a small Nature Reserve in the Eastern Cape and we focus on two main objectives 1) Conservation of the natural environment through rehabilitation and sustainable use and management practice of all indigeneous species Fauna & Flora 2) Education of the youth in our district on the environment and the sustainable use thereof. ( we have established an adventure centre for the use of the so 220 registered schools in our district who use the centre for school camps as part of our social responsibility outreach to the community)
The Reserve is located on a rich deposit of Dolerite and since the change in legislation in terms of Minerals & Energy we have been struggling with the problem that a particular mining/quarry company wants to obtain a mining permit to mine the dolorite on the Reserve The problem is that a) the government owns the Minerals & Energy Rights b) we as the landowners does not have the final say, we may only object to such applications c) Should the government find your ,objection not strong enough or valid for any reason they might award such rights to any mining company applying for it even though it might not be part of your future strategy
In our case the specific applicant has applied a number of times and has been denied a number of times but continuous to apply over and over again despite the fact that we show no interest. We have offered the applicant many other alternatives on other farms where the farmers are willing to discuss mining opportunities with the applicant Each time an appliaction is made the process has to take its course and it is timeous, stresfull and very frustrating.
This not only takes away your focus from your conservation and education objectives but also places a hold on your business. Should we for instance want to sell the property one should disclose this application to the prospective buyer who might or might not be interested due to the pending application Even if the application is denied for the fourth time nothing stops the applicant to apply again.
We feel that there should always be a willing buyer and willing seller in order to make such an application work.
Our objection is only considered on the potential impact a quarry ca n have on the environment and not our business strategy which is just as important.
If we cannot motivate strongly enough what negative impact such a quarry can and will have on the invironment the application to mine might be granted.
This is quite a dilemma we face and I am sure we are not alone.
This like a hostile takeover of your land over which you as the landowner have no control.
It has already cost us thousands to fight this application, money that we could have spend on the environment now have to be spend on legal battles.
Surely there should be an easier solution
Anyone wit ha similar experience or possible solution to the problem is welcome to contact us.
Minerals & energy vs Conservation
Posted - 04 Nov 2007 : 19:09:57
