The Chris Hani District Municipality has resolved to approach the courts in an attempt to stop mining at Birch Farm.
The municipality intervened after residents on the farm near Komani demanded answers on why a local company, East Cape Quarries, started mining aggregated stone, gravel and sand in their area without their knowledge.
One of the community leaders, Bonakele Makoni, said the residents were not benefiting from the mining operations.
At a council meeting on Wednesday, CHDM mayor Kholiswa Vimbayo said the municipality would approach the courts for an interdict while also requesting the court to set aside the permit and other authorisations.
She said they conducted an investigation which established that HJT Transport Mining and Civils had a mining permit for Birch Farm expiring on February 28 2020, subject to three renewal periods not exceeding a year each time of renewal.
“The company excavating at the site is East Cape Quarries which is contracted by HJT. During the investigation, it transpired that the land is owned by CHDM and it was not clear as to how the rights to mine the land were obtained.
The investigation revealed that HJT contracted an environmental consulting firm called Phanky's Environmentals and Projects (Pty) Ltd for the purpose of applying for the permit to mine and attending to the enviromental impact assessment.
“Both applications for the permit to mine and attending to the environmental impact assessment involve consultation with directly and indirectly affected persons which include landowners and communities likely to be affected by the mining,” Vimbayo said.
She said after perusing the report from Phanky's, it was established that there had been no effective consultation with the municipality, and the report stated that there were attempts to consult the communities of Birch farm, who reside approximately two kilometres from the mining site, but to no avail.
“HJThad proposed that they be allowed to continue mining subject to some form of rental to the municipality as they are already contributing to the community by employing people within the area.
“Sanral also indicated their concerns on the application requirements as the access to the site does not meet their requirements in terms of its proximity to the N6,” Vimbayo said.
Vimbayo said the application process was not undertaken properly and public participation was not done.
“The department of mineral resources granted authorisation for two years despite the fact that there was no consultation with affected parties which is also a requirement for granting application,” she said.
The municipality consequently had no option but to lodge an appeal to the department of mineral resources.
“The company continues to generate revenue from mining at the site and the district needs to determine how to recover its damages in the meantime retrospectively. We will have to engage with Sanral on the matter.”..