Centre for Environmental Rights – Advancing Environmental Rights in South Africa

• CER PAIA Cover letter – Tormin s102 application
• Form A – Tormin s102 application

Mineral Sands Resources (Pty) Ltd (MSR) and Tormin Mineral Sands (Pty) Ltd hold mining rights in respect of the Tormin Mineral Sands Mine (“Tormin Mine”) on the West Coast, which is operated by MSR. MSR is a subsidiary of Mineral Commodities Limited (MRC), which has its principal and registered office in Australia with company shares listed on the Australian Securities Exchange (ASX).

According to an ASX release dated 2 July 2020 (attached as Annexure A), MSR had received notification from the Department of Minerals and Energy (DMRE) that its application to amend its mining right at the Tormin Mine under section 102 of the Mineral and Petroleum Resources Development Act 29 of 2008 (MPRDA) had been approved.

The Centre For Environmental Rights requested copies of the following records:

1. In relation to MSR’s section 102 amendment application:
   o The decision by the Minister of Mineral Resources and Energy, or delegated official, to approve MSR’s application for amendment of its mining right(s) in accordance with section 102 of the MPRDA as referred to in the attached ASX release; and
   o MSR’s application to the Department of Mineral Resources in terms of section 102 of the MPRDA’; and
   o The Social and Labour Plan (SLP) submitted by MSR for purposes of its section 102 amendment application; and
   o The Mining Work Programme submitted by MSR for purposes of its section 102 amendment application;
   o The Water Use Licence granted to MSR for purposes of its section 102 amendment application; and
   o Any correspondence between the DMR and MSR (and/or MRC) regarding the abovementioned section 102 amendment application as well as any supporting or underlying documents.
2. In relation to MSR’s Environmental Impact Assessment Report and Environmental Management Programme submitted as part of its application for an Integrated Environmental Authorisation, submitted simultaneously in support of MSR’s section 102 amendment application:
   o The Rehabilitation Plan referred to on pages 38,190 and 213 of the Environmental Impact Assessment Report and Environmental Management Programme.
3. In relation to MSR’s current, existing mining activities at the Tormin Mine:
   o The Environmental Management Programme Performance Assessment Reports that were undertaken by Jomela Consulting and submitted to the DMR in January 2017 and February 2018, in accordance with Regulation 55 of the MPRDA Regulations.