Alexkor vs Creecy in environment court battle

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State diamond mining company Alexkor is challenging a compliance notice issued by the environment department over its Namaqualand beach mining operations

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.The Alexkor cofferdam wall between two dams at high tide.

The mining company has now turned to the courts with a review application under the Promotion of Administrative Justice Act to overturn Creecy’s decision. One assessment states that the cofferdams had caused “extensive, potentially irreparable, and unnecessarily severe damage to the nearshore marine environment”.But the review application is not primarily about environmental damage and the possible rehabilitation of coastal mining sites. Instead, it is focused on who has legal jurisdiction to grant environmental authorisation for Alexkor’s use of such dams and to monitor its beach mining operations.

Also, because Alexkor constructed cofferdam walls partly on coastal land, this has resulted in land reclamation, which is another activity requiring specific environmental authorisation under the management act. Following these visits, in November 2020 the mining company was issued with a notice of intent by the department to issue it with a pre-compliance notice, and Alexkor was given an opportunity to comment.

 

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