Court halts more mining activities impacting tourism
Ndimulunde to pay application costs
The Environmental Commissioner - or the environment ministry - has until Thursday to make a decision on the matter.
An interdict was granted by the Windhoek High Court last week, restraining Ottilie Ndimulunde from conducting mining activities and constructing a road or anything else on her mining claims in the Khorixas area.
This is pending a review of her environmental clearance certificate (ECC), which will decide whether it will be suspended or cancelled.
An urgent application was recently brought by the Doro !Nawas conservancy, Ûibasen Twyfelfontein conservancy, ≠Aodaman Traditional Authority and Ultimate Safaris against Ndimulunde for a interim interdict. The two conservancies are part of a joint-management area, while separate joint agreements are in place with Ultimate Safaris and the conservancies.
In her judgment, Judge Esi Schimming-Chase said the applicants sought wide-ranging urgent relief to suspend mining activities pending a decision in terms of the Environmental Management Act as well as the determination of an application to review and set aside the registration of Ndimulunde’s mining claims.
The ECC enabled the commencement of mining operations in an area where infrastructure development for tourism activities was being undertaken by the applicants. This area is also a known tourist attraction and habitat for the black rhino, court papers read.
Schimming-Chase ordered that pending the decision of the Environmental Commissioner - alternatively the environment ministry, in terms of section 42 of the Environmental Management Act - Ndimulunde or any person employed or acting under her directions is barred from using heavy machinery to construct a new road, or anything else, from the D2612 in a westerly direction to her mining claims.
No new roads, roadworks or vehicular tracks may be found on Farm 535 Probeer, and Ndimulunde or any person employed or acting under her directions may not conduct any mining or other activities on the mining claims.
Schimming-Chase further ordered that the Environmental Commissioner or the environment ministry make and communicate a decision by no later than Thursday, 24 October.
Ndimulunde was ordered to pay the costs of the application.
This is pending a review of her environmental clearance certificate (ECC), which will decide whether it will be suspended or cancelled.
An urgent application was recently brought by the Doro !Nawas conservancy, Ûibasen Twyfelfontein conservancy, ≠Aodaman Traditional Authority and Ultimate Safaris against Ndimulunde for a interim interdict. The two conservancies are part of a joint-management area, while separate joint agreements are in place with Ultimate Safaris and the conservancies.
In her judgment, Judge Esi Schimming-Chase said the applicants sought wide-ranging urgent relief to suspend mining activities pending a decision in terms of the Environmental Management Act as well as the determination of an application to review and set aside the registration of Ndimulunde’s mining claims.
The ECC enabled the commencement of mining operations in an area where infrastructure development for tourism activities was being undertaken by the applicants. This area is also a known tourist attraction and habitat for the black rhino, court papers read.
Schimming-Chase ordered that pending the decision of the Environmental Commissioner - alternatively the environment ministry, in terms of section 42 of the Environmental Management Act - Ndimulunde or any person employed or acting under her directions is barred from using heavy machinery to construct a new road, or anything else, from the D2612 in a westerly direction to her mining claims.
No new roads, roadworks or vehicular tracks may be found on Farm 535 Probeer, and Ndimulunde or any person employed or acting under her directions may not conduct any mining or other activities on the mining claims.
Schimming-Chase further ordered that the Environmental Commissioner or the environment ministry make and communicate a decision by no later than Thursday, 24 October.
Ndimulunde was ordered to pay the costs of the application.
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