The Limpopo Department of Economic Development, Environment and Tourism (LEDET) has turned down exploration company Aquila Steel’s application to establish an iron-ore mine in Thabazimbi.

This decision has been welcomed by the Cape Town-based nonprofit organisation and law clinic Centre for Environmental Rights (CER). The organisation says it recognises the “leader- ship demonstrated” by the LEDET in acknowledging the role of climate change considerations in development decisions.

In its March 11, 2016, decision, the LEDET argued that one of South Africa’s climate change response objectives was to “effectively adapt to and manage unavoidable and potentially damaging climate change impacts through interventions that build and sustain South Africa’s social, economic and environmental resilience and emergency response capacity”, citing the White Paper on the National Climate Change Response.

In its refusal, the LEDET noted that the integrated development plan for the Thabazimbi munici- pality recognised that the well-functioning ecosystems within the proposed development site “provide natural solutions that build resilience and help society adapt to the adverse impacts of climate change”.

The department says it acknowledges the importance of conserving and preserving “the unique ecosystem” and that an iron-ore mine fails to amount to sustainable development as “the disturbance of ecosystems and loss of biological diversity cannot be avoided, minimised and reme- died”.

Additionally, the CER notes that Environmental Affairs Minister Edna Molewa has ordered the developer of the proposed 1 200 MW Thabametsi indepen- dent power producer coal-fired power station – also to be located in water-scarce Limpopo – to conduct a climate change impact assessment.

“Climate change aside, the iron-ore mine proposed by Aquila has been the subject of various legal proceedings,” the CER states.

The organisation points out that on May 28, 2015, the Traditional Healers Organisation (THO), assisted by the CER’s attorneys, laid criminal charges against Aquila and three of its directors in their personal capa- cities for breaches of environmental, mining and water laws.

The CER contends that the Department of Mineral Resources’ investigation of these charges is expected to be finalised shortly.

The organisation alleges that, while Aquila had obtained prospecting rights in 2007 and 2008 for iron-ore on two properties outside Thabazimbi, in Limpopo, it had “unlawfully” constructed over 33 km of road “all over” the Madimatle mountain and drilled in about 200 locations, clearing vegetation and protected tree species in the process.

“As well as being in contraven- tion of the conditions of its prospecting rights, these activities were conducted without environ- mental authorisation, which is a criminal offence under the National Environmental Management Act,” the CER says.

The organisation asserts that, despite its history of “unlawful activities”, Aquila submitted new applications for mining rights and environmental authorisation in respect of these properties. These new applications were strongly opposed by a number of interested parties, including the THO.

The Madimatle mountain and Gatkop cave sites are of significant cultural, spiritual and historic value and are situated on the properties which Aquila intends to mine.

The CER highlights that many of the 69 000 traditional healer members of the THO visited the mountain and caves for spiritual reasons, until access was restricted by Aquila.

“It is hoped that the LEDET’s decision to refuse environmental authorisation is the first in a string of decisions recognising the importance of this site, and that Aquila’s application for a mining right will also be refused in line with the LEDET decision,” the organisation concludes.