EIA 1st before exploration – Court
High Court Judge Musithu J, granted an interim interdict that prohibited Pearline Mineral Exploration from conducting an aeromagnetic survey over Shangani Ranch in Insiza District before carrying out an Environmental Impact Assessment (EIA).
According to a report by the Zimbabwe Environmental Law Association (ZELA), Pearline had carried out an aerial survey using a low-flying aeroplane over land on which it had been granted an Exclusive Prospecting Order without carrying out an EIA. The company was prospecting for a number of minerals including gold, silver, copper, antimony, lead and many more.
“The problem is, this was being done without a prior environmental impact assessment having been conducted as required by the law. Shangani Ranch had never been approached by the mining company in connection with the exploration works,” ZELA said in a statement.
“Perturbed by the developments and the threats to its farming operations, the land owner rushed to court for an interdict. This case revolves around non-compliance with EIA requirements by a mineral exploration co, a major problem and headache for many landowners and communities in Zimbabwe,” ZELA continued.
In its decision, the court indicated that the grant of an Exclusive Prospecting Order does not exempt the prospector from first obtaining an EIA from the Environmental Management Authority.
Judge Musithu J described the exploration as illegal and said there is no law that stops aggrieved parties from approaching courts for urgent relief to protect their interest. This was after Pearline argued that Shangani should have approached the Environmental Management Agency to obtain an order to stop prospecting activities as an alternative remedy in terms of Section 97(3) Environmental Management Act.
“…victim of the illegal exploration may not fold their arms, and wait for the Agency to issue the order referred to in the EMA Act. A party in the position of the applicant with all the massive investments at stake, would not choose to remain nonchalant while its rights were being trampled upon. Further, I do not read the law to be implying that an aggrieved party cannot approach the courts for urgent relief to protect their interests…” the judge said in his ruling.
Shangani Ranch conducts ranching operations on the land in question. It is involved in cattle ranching with a herd of 8 000 cattle, wildlife conservation, Safari hunting and acts as an elephant sanctuary and home to White-backed Vultures and White-Headed Vultures, which are considered to be critically endangered species. It exports beef products to the United Kingdom and employs 400 employees mostly drawn from the local community.
For more on the landmark ruling click HERE.