Kropz has confirmed receipt of the ruling from the Water Tribunal on the appeal against the integrated Water Use Licence (WUL) for its Elandsfontein Project. The appeal has been dismissed.
By way of background, the South African Department of Water and Sanitation granted the WUL to Kropz Elandsfontein on 7 April 2017. The water use activities were approved by the Director General, who was satisfied – upon consideration of the extensive evidence by highly-regarded and qualified experts – that no environmental damage would result from those activities, and that any impact on the environment could be prevented or would be adequately mitigated.
An appeal was lodged by a small group calling themselves the West Coast Environmental Protection Association (WCEPA), on 26 June 2017.
The appeal was heard, over four sittings, from October 2019 to February 2021. As referenced above, their appeal has been dismissed by the Water Tribunal.
In terms of the South African Promotion of Administrative Justice Act, the appellant has 180 days to take the decision on review. If the Appellant opts for further litigation, the Hight Court would have to consider such review action.
Although this may be possible, the appellant must still consider the reasons for the judgement, which will only be provided in due course. The Water Tribunal has committed to provide written reasons for its judgement later in the year.
Kropz CEO Mark Summers, stated: “Elandsfontein is a world-class operation, conducted in accordance with internationally accepted sustainable mining principles, with due and proper consideration for the environment. We are delighted that this matter has finally been dealt with.”