Sitrep 2010/03/30 12:05

[Mal Morrow]

Hello -

I had a call from William Kingwell for David Viljoen at the Council, which was useful but not yet conclusive.

He disclaimed responsibility for enforcing the Environmental Management Plan, as this is up to the Dept of Mineral and Energy Affairs.

The Council is now investigating a court case against the quarry in which they will be criminally charged in a magistrate's court that they are violating the land use ordnances.  If the magistrate decides in favour of the Council, the quarry operator will be fined, and as this is a magistrate's court the fine will be a maximum of R 20 000.

So much for that.

Mr Kingwell was very interested in the mining permit because it contains information that is vital to determine whether the quarry has any right to operate at all - namely, the dates in which the permit is valid.  We both believe - though we have no evidence - that the permit is dated between 1998 and 2008.  Hence, the quarry could be operating illegally already.

I pointed out to him that the Council must have a copy of this mining permit, as having it is listed as Condition r) in the Council's own Conditional Use to Permit Mining.  If they do not, then the Council's Conditional Use to Permit Mining is invalidated.

A great deal rests on the sanctions available to the Council in the case of their land-use conditions not being met.  Bear in mind that they are not the regulators of the mine itself, only of the departure of the land.  The land is zoned agricultural, with an approved departure permitting a mine.

I'm trying to get them to concentrate on the fact that they approved the departure, and so they can revoke that.  In Council language, we don't have to concentrate on the mine, or on whether it adheres to the EMP or the mining laws.

However, the mining permit may have value to all of us, especially if it is expired.  So I'm going to try and get hold of that.  However, all this has really damaged my working day, so I'm afraid I'm going to have to get some work done and leave chasing the DME until tomorrow.

Please comment on all this, try to think of ways we can get the road repaired or the quarry shut, and I'll be in touch after work this evening with a bit more thought and structure on the way forward.

Tx && rgds,

Mal