International Working Forum on Regulatory Supervision of Legacy Sites (RSLS) Technical Meeting Stakeholder Engagement-SA Perspective SEPTEMBER

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1 International Working Forum on Regulatory Supervision of Legacy Sites (RSLS) Technical Meeting Stakeholder Engagement-SA Perspective SEPTEMBER 2015 SIBIU, ROMANIA G

2 EDUCATIONAL AND WORK EXPERIENCE Mr Patle Mohajane Current Position: Manager- Naturally Occurring Radioactive Material (NORM) Education BSc ( Chemistry and Biology), MSc (Applied Radiation Science and Technology- Environmental Radiation Protection) Experience 11 Years Experience In NORM- Inspector and Technical Assessor(SANNR) 2 Years operator experience- Environmental Radioactivity Monitoring at Accelerator Based Science- Radioisotope Production. 2

3 CONTENT GEOGRAPHICAL MAP BRIEF HISTORICAL OVER VIEW URANIUM EXPLOITATION CURRENT STATUS OF EXPLOITATION /PRODUCTION CASE STUDIES: KAROO LEGACY SITES & TAILINGS NEAR RESIDENTS REGULATORY FRAMEWORK STAKEHOLDER ENGAGEMENT APPROACH CURRENT REMEDIATION PROJECTS CONCLUSION 3

4 SOUTH AFRICA GEOGRAPHICAL MAP 4

5 BRIEF HISTORICAL OVERVIEW URANIUM EXPLOITATION In 1870s- first significant discoveries of gold in South Africa in the then Eastern Transvaal (now Mpumalanga Province).They gave rise to "goldrushes", particularly to the Pilgrim's Rest and Barberton areas. In 1886 an Australian handyman/prospector, George Harrison, discovered largest gold deposits on the Oosthuizen farm, Langlaagte", These are Witwatersrand reefs. Mining over an arc which is about 500 kilometres in length and extends from beyond Virginia(Free State Province), through Klerksdorp (North West Province), Carletonville, Krugersdorp and Johannesburg (Gauteng Province) to Kinross (Mpumalanga Province). By 1889, five hundred mining companies were active in the region. 5

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7 BRIEF HISTORICAL OVERVIEW In 1915 the presence of radioactive material in the gold bearing ores of the Witwatersrand was noted ; In 1923 the material was identified as uraninite. In the mid 1940s the gold bearing reefs of the Witwatersrand Basin were extensively assayed for uranium. In 1952 full scale of Uranium production in the Republic of South Africa commenced as a by-product of the Witwatersrand gold mining industry. Early 1970s uranium produced as a by-product from an open cast copper mine A total of 27 uranium plants were constructed during the period 1952 to

8 CURRENT STATUS Underground- 59 GOLD/URAMUIM Mines 27 Uranium Plants previously commissioned 1 Uranium Plant currently working Exploration properties of concern (shafts, trenches) 16 Exploration sites for Uranium 8

9 EXPLORATIONS SITES IN KAROO 9

10 RIETKUIL KAROO SITE Figure1: Aerial View of the Rietkuil Site. 10

11 RIETKUIL KAROO SITE Figure 2: Rietkuil Exploration Pit, Entrance Incline and Scrap Materials 11

12 RYSTKUIL KAROO SITE. Figure3: Aerial View of the Rystkuil Site 12

13 Rystkuil Site. Figure 4: Rystkuil Incline Shaft, Ore Drums and Stockpiles Lecture 18: Uranium Legacy Site Case Study: Republic of South Africa and Republic of Mozambique 13

14 LEGACY TAILING DAMS

15 NATIONAL NUCLEAR REGULATOR NNR: Established through act of Parliament(Act 47 of 1999) Oversee the safe and Secure use of Radioactive Material Protection: Of Persons, Property and Environment Through laws and various legislation Granting authorisations (conditions) to Mining and Minerals Processing Facilities Through Monitoring and Surveillance Programmes Inspections, Investigations, Audits and Enforcement Activities

16 LEGISLATIVE REQUIREMENTS Revised

17 OTHER APPLICABLE LEGISLATIONS The governance and regulation of the nuclear sector is also subject to the provisions of the following acts National Radioactive Waste Disposal Institute Act (Act 53 of 2008) Environment Conservation Amendment Act (Act 50 of 2003) Minerals and Petroleum Resources Development Act (Act 28 of 2002) National Environmental Management Act (Act 107 of 1998) National Water Act (Act 36 of 1998) Water Services Act (Act 108 of 1997) Mine Health and Safety Act (Act 29 of 1996) Environment Conservation Act (Act 73 of 1989) Dumping at Sea Control Act (Act 73 of 1980) 17

18 NATIONAL NUCLEAR REGULATOR

19 REGULATED NUCLEAR INSTALLATIONS Koeberg Nuclear Power Station Nuclear Energy Corporation of South Africa (NECSA) VaalPuts National Repository sites for Low level waste

20 STAKEHOLDER ENGAGEMENT Canter (1996) defines public participation as a continuous, two-way communication process which involves promoting full public understanding of the processes and mechanisms through which environmental problems and needs are investigated and solved by the responsible agency; keeping the public fully informed about the status and progress of studies and implications of project, plan, programme, or policy formulation and evaluation activities; and actively soliciting from all concerned citizens their opinions and perceptions of objectives and needs and their preferences regarding resource use and alternative development or management strategies and any other information and assistance relative to the decision. 20

21 LEGAL BASIS : STAKEHOLDER ENGAGEMENT (21)(3) The chief executive officer must direct the applicant for a nuclear installation or vessel licence to (a) serve a copy of the application upon (i) every municipality affected by the application; and (ii) such other body or person as the chief executive officer determines; and (b) publish a copy of the application in the Gazette and two newspapers circulating in the area of every such municipality. (21)(4) (a) Any person who may be directly affected by the granting of a nuclear installation or vessel licence pursuant to an application in terms of subsection (1) or (2),may make representations to the board, relating to health, safety and environmental issues connected with the application, within 30 days of the date of publication in the Gazette contemplated in subsection (3)(b). (b) If the board is of the opinion that further public debate is necessary, it may arrange for such hearings on health, safety and environmental issues as it determines. 21

22 STAKEHOLDER ENGAGEMENT: COOPERATIVE GOVERNANCE In accordance with the provisions of section 6 of the NNR Act, the NNR is required to enter into co-operative governance agreements with other organs of state that have overlapping functions or responsibilities. National Environmental Management Act (Act 107 of 1998) Environmental Impact Assessment National Water Act (Act 36 of 1998) Water Services Act (Act 108 of 1997)

23 REGULATED NORM ACTIONS Mining and mineral processing associated with NORM 23

24 LEGAL BASIS : STAKEHOLDER ENGAGEMENT (21)(3) The chief executive officer may direct the applicant for a certificate of registration to (a) serve a copy of the application upon (i) every municipality affected by the application; and (ii) such other body or person as the chief executive officer determines; and (b) publish a copy of the application in the Gazette and two newspapers circulating in the area of every such municipality. (21)(4) (a) Any person who may be directly affected by the granting of a certificate of registration pursuant to an application in terms of subsection (1) or (2),may make representations to the board, relating to health, safety and environmental issues connected with the application, within 30 days of the date of publication in the Gazette contemplated in subsection (3)(b). (b) If the board is of the opinion that further public debate is necessary, it may arrange for such hearings on health, safety and environmental issues as it determines. 24

25 STAKEHOLDER ENGAGEMENT: COOPERATIVE GOVERNANCE In accordance with the provisions of section 6 of the NNR Act, the NNR is required to enter into co-operative governance agreements with other organs of state that have overlapping functions or responsibilities. Mineral Petroleum Resources Development Act Issuing of Prospecting and Mining Rights Responsible for Mine closure and Orphaned sites National Environmental Management Act (Act 107 of 1998) Environmental Impact Assessment National Water Act (Act 36 of 1998) Water Services Act (Act 108 of 1997)

26 STAKEHOLDERS - Residents or individuals living on Nuclear Installations or legacy Sites - Organized Labour unions - Media - Civil Society groups - Various governments, local, regional, provincial or state - Various government departments or agency s that may have regulatory over site over the project or affected land, i.e. land administrators, public health officials if people directly impacted, environmental regulators.

27 COMMUNICATION AND ENGAGEMENT Quarterly meetings with Civil Society( Public interest groups, NGOs ) Community outreach projects Participation in Local Environmental forums in Provinces

28 Current Projects Pollution of Wonderfonteinspruit catchment area and Remediation of Mine Residue at Tudor shaft Remediation Steering Committee Industry Grouping (Mining Interest Group and associated members, and other industries potentially contributors to WCA pollution) Regulatory Grouping (National Government Departments responsible for environmental protection, National Nuclear Regulator (NNR), Provincial Government, Local municipal structures) Community Grouping (Community groupings in the WCA, Environmental Awareness Groups, Interested private organisations, Non-governmental organizations) 28

29 CONCLUSION TUDOR SHAFT MINE RESIDUE REMOVAL- LITIGATION 29

30 THANK YOU FOR YOUR ATTENTION! Patle Mohajane Manager: Naturally Occurring Radioactive Material (NORM) National Nuclear Regulator Phone: +27 (12) Mobile: +27 (82) Eco Glade Office Park I Eco Glades Office 2 Block GI 420 Witch Hazel Avenue I Centurion P. O. Box 7106 I Centurion I