The Nelson Mandela Bay Municipality has warned construction companies, businesses and any other persons against the illegal extraction and removal of sand from coastal areas within the Metro.
The Municipality has received reports of alleged illegal sand mining activities taking place in various areas, including Sardinia Bay and Bluewater Bay. These activities are a serious concern as uncontrolled sand extraction can cause significant environmental degradation and damage coastal ecosystems.
The Municipality has consequently activated teams from the Metro Police to monitor the affected areas and to assist in identifying and responding to suspected illegal activities. Where criminal or regulatory offences are identified, the Municipality will work with the relevant law-enforcement and regulatory authorities to ensure that appropriate action is taken.
The Municipality further reminds all companies and individuals that the extraction or removal of mineral resources, including sand, is regulated by the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) (MPRDA). The Act prohibits mining or the removal of minerals without the required statutory authorisation, which may include the applicable mining right, mining permit or other prescribed authorisation, as well as environmental authorisation where required.
In addition, the National Environmental Management Act, 1998 (Act 107 of 1998) (NEMA)requires environmental authorisation for activities that trigger the applicable environmental authorisation requirements. Commencing a regulated activity without the required environmental authorisation constitutes an offence.
Persons found guilty of applicable offences under NEMA can face substantial penalties. Depending on the specific offence, NEMA section 49B provides for fines of up to R10 million and/or imprisonment of up to 10 years.
Under the MPRDA, contraventions of applicable provisions constitute offences and can attract criminal penalties. Under the current penalty provisions, certain offences can attract a fine of up to R100 000 and/or imprisonment for up to two years, while other offences carry higher penalties depending on the provision contravened.
The Municipality therefore calls on construction companies and members of the public to refrain from removing sand from coastal areas unless they have obtained all the necessary approvals and authorisations from the relevant authorities.
The Municipality will not tolerate activities that threaten the integrity of the Metro's coastal environment, undermine environmental legislation or contribute to the degradation of public land and natural resources.
Members of the public who observe suspected illegal sand mining activities are encouraged to report them to the relevant law-enforcement authorities so that the matter can be investigated and appropriate action taken.