Activists in bid to save aquifer
THE West Coast Environmental Protection Association has filed an urgent interdict application to stop the de-watering of a 5 to 10-million-year-old Elandsfontein aquifer for a phosphate mine, which is still in the process of being established.
Activists have slammed the development of the R1.5 billion opencast mine for the production of fertiliser, saying that the impacts on the aquifer have not been assessed properly and may affect the Langebaan Lagoon, a wetland of international importance and a water body on which many scale fishers depend.
The developer, Kropz Elandsfontein (Pty) Ltd (Kropz), is opposing the association’s application.
Kropz obtained a mining right in January 2015 and was granted a water use licence in April this year. The association has also appealed to the Water Tribunal against Kropz’s water licence.
Representing the association, Cullinans & Associates senior associate Walter Anderson said: “The National Water Act provides that a water use licence is automatically suspended, as soon as an appeal to the Water Tribunal is lodged.
“Kropz continues to de-water the aquifer despite having knowledge of the appeal suspending its licence and despite not having challenged the validity of the appeal in the tribunal or court.
“Kropz’s wilful and unlawful flouting of the principle of legality leaves the association with no option but to approach the courts for urgent relief.”
But Kropz said the application to have the mine’s water use licence suspended, if successful, will cause irreversible environmental damage.
According to the company, a bid by the association to
Application, if successful, will cause irreversible damage
have Elandsfontein’s water use licence revoked has no grounds.
Kropz technical director Michelle Lawrence said: “If over time we are not able to continue to safely pump the water out of the Elandsfontein aquifer, around our open pit and allow it to filter back into the aquifer in accordance with our de-watering system design, the pit will flood.
“If de-watering stops for an extended period, the pit will increase in size due to erosion of its side walls by the water; the volume of water in the pit will increase significantly; and the water quality will deteriorate, negatively impacting groundwater.”
She said the company had invested more than R6 million in ground water studies and the development and peer review of the groundwater model that informs management of the Elandsfontein aquifer’s water.
The association has previously said the Saldanha Bay Municipality planned to accept all water that Kropz is removing from the aquifer.
The municipality has previously said no final decision had been made on the development and the use of water from the aquifer.
Contacted yesterday, the municipality said it would respond to requests for comment today.