The Water Tribunal says the Philippi Horticultural Space wetland ecosystem is irreplaceable and rejects Consol Glass/Keysource Minerals Water Use Licence to mine silica sand…for a second time.
That is one other essential milestone within the on-going battle to guard the PHA foodland, the Cape Flats Aquifer in its soil each essential for the town’s local weather resilience.
On 14 September 2023, Consol Glass/Keysource Minerals, a glass and mining firm, filed an attraction with the Division of Water and Sanitation’s Water Tribunal.
That is the second time the licence was refused. In November 2019 the Water Tribunal rejected the primary Consol Glass Built-in Water Use Licence Utility. Consol withdrew its attraction and commenced work on a brand new software with new Environmental Evaluation Practitioner Umvoto Africa.
In a transparent battle of curiosity Umvoto Africa can be employed by the Metropolis of Cape city to handle and shield the Managed Aquifer Recharge program within the Philippi Horticultural Space – the town’s water provide.
The Water Tribunal ruling highlights the symbiotic and interdependent relationship of the PHA farmland and the Cape Flats Aquifer. The farmland wants the aquifer as a result of it permits for drought-proof farming that maintain the town’s meals provide.
The aquifer wants the farmland as a result of the farm panorama, farm sloots, seasonal wetlands and sand dunes are the pure recharge inexperienced infrastructure that maintain the well-being of the aquifer. Earlier rulings in opposition to developments by Heritage Western Cape, CCT appeals committees, and a 2020 Excessive Court docket ruling echo the Water Tribunal rulings.
A Water Use Licence (WUL) is a part of the mining software course of by which particularly the impression of the mining exercise on water sources is assessed. The mining operation intends to dredge a 20m deep gap within the land that may ceaselessly destroy the land, meals manufacturing and ecosystem.
The Water Tribunal 15 August ruling mirrors a lot of the considerations of its first ruling in November 2019 ruling, but additionally factors out omissions and withholding key info (see paragraph 62 of the attraction for the Tribunal’s causes for refusal).
Of the twelve causes for its ruling, 4 are notable:
- The 55ha wetland hectarage that’s to be misplaced because of the proposed mining exercise can’t be re-created as an offset, in order that the ecosystem companies might be maintained. To be exact: the wetlands are irreplaceable.
- This software will destroy 55ha of wetlands, these 4 wetlands recharge the aquifer in winter months- the symbiotic relationship of the land and the aquifer.
- The proposed mining space is a part of a 1km sq. space with reported sighting of 98 chook species with the predominance of flamingos and different water birds. This space is related to Zeekoevlei (a RAMSAR wetland website), Rondevlei and the larger False Bay conservation space. The Cape Flats Aquifer is an built-in water system within the soil with out ward boundaries, partitions and fences and so what occurs in a single a part of the system impacts on the opposite.
- The Philippi Horticultural Space (PHA) marketing campaign as an I&AP didn’t help this mining exercise as such actions can have a big impression on the PHA surroundings and heritage, the Cape Flats Aquifer, the encircling group and particularly the meals and water safety of the larger CCT.
Consol Glass purchased 55ha within the Philippi Horticultural Space for the aim of silica sand mining with the specter of prospecting rights of an extra 200ha. The Metropolis of Cape City accepted a rezone to permit for mining with none public participation. The Western Cape Authorities MEC for the Setting Anton Bredell accepted the Environmental Impression Evaluation regardless of quite a few objections and appeals.
In mild of one more ruling that time to the worth of the PHA and the Cape Flats Aquifer in its soil, the PHA Meals & Farming Marketing campaign and its supporting civil society organisations, name on:
- Cape City Mayor Gordon-Hill Lewis to enact the Environmental Administration Overlay (EMO) to guard the PHA foodland as the town’s meals and water provide.
- MEC Anton Bredell to declare the entire of the PHA an aquifer recharge zone of socio-economic significance and resist approving city developments within the PHA.
- Umvoto Africa to withdraw its help for the Consol/Keysource Minerals attraction and keep its integrity in service of the PHA and the CFA.
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