Legal Restrictions on Mining in Strategic Water Source Areas

Abstract

Existing research shows that strategic water source areas (‘SWSAs’) are not properly protected in law. SWSAs supply water to roughly half of South Africa’s population, and support two thirds of national activity, approximately 70% of irrigated agriculture and more than 90% of urban consumers’ drinking water needs. Formally protecting SWSAs is vital to secure the quantity and quality of South Africa’s water, but the ecological integrity of these areas are threatened by numerous land-based activities, including mining. The aim of the report is to first, highlight the strategic importance of SWSAs to the country’s water security, and then, second, to examine how existing legal frameworks provide for restrictions on mining. This is done by looking at specific legislation concerned with mining and the environment, namely the National Environmental Management: Protected Areas Act, Mineral and Petroleum Resources Development Act, National Environmental Management Act and the National Water Act. The ministers have generally not used their powers prescribed by the aforementioned pieces of legislation to pass regulations in order to protect SWSAs. Targeted legislation that is specific and nuanced to SWSAs needs to be passed to protect SWSAs and thereby secure the nation’s water security.