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EXTERNAL AUDIT REPORT IN FULFILLMENTOF THE MINING RIGHT AND EMPRCONDITIONS FOR PORTIONS 1, 4-7 & 19 OFTHE FARM MAROELOESFONTEIN366 KQDATE: 2 July 2018Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 20181
AUDIT REPORT:ENVIRONMENTAL AUDITOR:CLIENT:REPORT COMPILED BYAUDIT DATEReport no: M 002Galago Environmental638 Turf StreetWingate Park0181Contact Person: Vanessa MaraisTel: 012-345 4891Fax: 086 675 6136Email: vanessam@lantic.netAndalusite ResourcesVanessa Marais (BL – LandscapeArchitecture)12-13 June 2018DRAFT REPORT DATEMINING RIGHT NO:Environmental Compliance audit: 6 Portions Maroeloesfontein2 July 2018MR 186May 20182
DECLARATION OF THE AUDITOR:I Vanessa Marais, as an independent consultant compiled this audit report and declare thatit correctly reflects the findings made at the time of the audit. I further declare that: I act as the independent environmental consultant;I declare that there are no circumstances that may compromise my objectivity inperforming such work;I have expertise in conducting environmental audits, including knowledge of the Act,Regulations and any guidelines that have relevance to the proposed activity;I will comply with the Act, Regulations and all other applicable legislation, policies andguidelines;I undertake to disclose to the client and the competent authority all material informationin my possession that reasonably has or may have the potential of influencing - anydecision to be taken with respect to the application by the competent authority; and - theobjectivity of any report, plan or document to be prepared by myself for submission to thecompetent authority;I will ensure that information containing all relevant facts in respect of the audit isdistributed or made available to interested and affected parties;I will perform all other obligations as expected from an environmental auditor in terms ofthe Regulations; andBased on information provided to me by the project proponent, and in addition toinformation obtained during the course of this audit, will present the results andconclusion within the associated document to the best of my professional judgement.Vanessa MaraisEnvironmental ConsultantEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 20183
EXECUTIVE SUMMARYAndalusite Resources appointed Galago Environmental: Consultants and Specialiststo conduct an independent environmental compliance audit on its Mining Right andauthorized Environmental Management Programme (EMPr) for portions 1, 4-7 and19 of the farm Maroeloesfontein 366 KQ.The following steps were taken to conduct the compliance audit: Compilation of an audit checklist for the site visit Site visit (12-13 June 2018) Documentation of the audit findings Compilation and finalization of the audit reportAndalusite Resources received their Mining right No 186 on 26 March 2015 andcommenced with mining activities. Please note that no infrastructure has beenestablished by the mine on any of these portions apart from fences and haul roads.All the ore mined on the North Section will be hauled to the plant located on thecurrent mine property portion 28. AR has only conducted stripping on the NorthSection.The compliance audit was done in terms of Regulation No. 982 section 34 of the2014 EIA Regulations, as amended, of the National Environmental Management Act,1998.From the table in Section 7 it is found that Andalusite Resources’ compliance withthe conditions in the Mining Right and EMPr is fairly good. Andalusite Resources isgenerally compliant to all legal permits obtained for these portions. Non-compliancesfound mostly related to changes in best practice and as the mining are still in thestripping of topsoil and overburden phase. Vegetation establishment and eradicationof alien species are an ongoing practice that will constantly evolve as more areas arecleared for mining. Where non-compliances were recorded, the non-compliance wascontextualized in terms of the intensity. Andalusite Resources immediately putmeasures in place to fix non-compliances where possible. Further to the legalcompliance issues, observations were also raised where there is a possibility toimprove on the environmental best practices by revising the EMPr. The followingrecommendations are made to improve compliance to the EMPr: An alien and invader species eradication plan must be compiled andimplemented on the mine to deal with these vegetation species.The new and improved stormwater management plan that was developed inline with the National Water Act, which is already part of mining operations,must replace the stormwater management section in the EMPr.Environmental awareness training on the mine must be expanded to includeenvironmental remediation measures.All safety berms and topsoil heaps must be vegetated as soon as possible, asit was found that the slopes for topsoil safety berms cannot be 21 degrees asa result of limited space. This is an important soil conservation measuretogether with stormwater cut-off berms to reduce loss of soil and siltation intonatural areas.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 20184
TABLE OF CONTENTS1. INTRODUCTION . 72. LEGAL FRAMEWORK . 73. OBJECTIVES AND SCOPE OF THE ENVIRONMENTAL AUDIT REPORT . 94. DETAILS AND EXPERTISE OF INDEPENDENT AUDITOR . 95. METHODOLOGY . 106. FINDINGS OF PREVIOUS AUDIT REPORTS . 107. AUDIT FINDINGS .Error! Bookmark not defined.8. ASSUMPTIONS AND LIMITATIONS. 359. CONSULTATION PROCESS . 3510.PHOTO REPORT . 3511.CONCLUSION . 3812.REFERENCES . 38APPENDIX A: Public participationEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 20185
DEFINITIONS:Audit: systematic, independent and documented process for obtaining audit evidence andevaluating it objectively to determine the extent to which the audit criteria are fulfilledAudit criteria: set of policies, procedures or requirements used as a reference againstwhich audit evidence is comparedAudit evidence: records, statements of fact or other information which are relevant to theaudit criteria and verifiableAudit findings: results of the evaluation of the collected audit evidence against auditcriteria. The definition has a note stating “audit findings can indicate either conformity ornonconformity with audit criteria or opportunities for improvement.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 20186
1.INTRODUCTIONAndalusite Resources appointed Galago Environmental: Consultants and Specialiststo conduct an independent environmental compliance audit on its Mining Right andauthorized Environmental Management Programme (EMPr) for portions 1, 4-7 and19 of the farm Maroeloesfontein 366 KQ.The following steps were taken to conduct the compliance audit: Compilation of and audit checklist for the site visit Site visit (12-13 June 2018) Documentation of the audit findings Compilation and finalization of the audit reportAndalusite Resources received their Mining right No 186 on 26 March 2015 andcommenced with mining activities. Please note that no infrastructure has beenestablished by the mine on any of these portions apart from fences and haul roads.All the ore mined on the North Section will be hauled to the plant located on thecurrent mine property portion 28. AR has only conducted stripping on the NorthSection.The compliance audit was done in terms of Regulation No. 982 section 34 of the2014 EIA Regulations, as amended, of the National Environmental Management Act,1998.2.LEGAL FRAMEWORKThe National Environmental Management Act, 1998 and the 2014 EIA regulations,as amended states the following in Section:34.(1)The holder of an environmental authorisation must, for the periodduring which the environmental authorisation and EMPr, and where applicablethe closure plan, remain valid:–(a)ensure that the compliance with the conditions of theenvironmental authorisation and the EMPr, and whereapplicable the closure plan is audited; and(b)submit an environmental audit report to the relevant competentauthority.(2)The environmental audit report contemplated in sub-regulation (1)must:(a)be prepared by an independent person with the relevantenvironmental auditing expertise;(b)provide verifiable findings, in a structured and systematicmanner on:(i) the level of performance against and compliance of anorganization or project with the provisions of the requisiteenvironmental authorisation or EMPr and, where applicable,the closure plan; and(ii) the ability of the measures contained in the EMPr, and whereapplicable the closure plan, to sufficiently provide for theavoidance, management and mitigation of environmentalimpacts associated with the undertaking of the activity;(c)contain the information set out in Appendix 7; andEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 20187
(d)be conducted and submitted to the competent authority atintervals as indicated in the environmental authorisation.(3)The environmental audit report contemplated in sub-regulation (1) mustdetermine:(a)the ability of the EMPr, and where applicable the closure plan, tosufficiently provide for the avoidance, management andmitigation of environmental impacts associated with theundertaking of the activity on an on-going basis and tosufficiently provide for the avoidance, management andmitigation of environmental impacts associated with the closureof the facility; and(b)the level of compliance with the provisions of environmentalauthorisation, EMPr and where applicable the closure plan.(4)Where the findings of the environmental audit report contemplated insub-regulation (1) indicate:(a)insufficient mitigation of environmental impacts associated withthe undertaking of the activity; or(b)insufficient levels of compliance with the environmentalauthorisation or EMPr and, where applicable the closure plan;The holder must, when submitting the environmental audit report to thecompetent authority in terms of sub-regulation (1), submit recommendationsto amend the EMPr or closure plan in order to rectify the shortcomingsidentified in the environmental audit report.(5)When submitting recommendation in terms of sub-regulation (4), suchrecommendations must have been subjected to a public participation process,which process has been agreed to by the competent authority and wasappropriate to bring the proposed amendment of the EMPr and, whereapplicable the closure plan, to the attention of potential and registeredinterested and affected parties, including organs of state which havejurisdiction in respect of any aspect of the relevant activity and the competentauthority, for approval by the competent authority.(6)Within 7 days of the date of submission of an environmental auditreport to the competent authority, the holder of an environmental authorisationmust notify all potential and registered interested and affected parties of thesubmission of that report, and make such report immediately available:(a)to anyone on request; and(b)on a publicly accessible website, where the holder has such awebsite.(7)An environmental audit report must contain all information set out inAppendix 7 to these Regulations.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 20188
3.OBJECTIVES AND SCOPE OF THE ENVIRONMENTAL AUDITREPORT 4.To carry out an independent compliance audit including:Inspection of operations and confirm compliance to the Mining Right.Verify the effectiveness of impact management and mitigation.Assess allocations of responsibilities and actions.Report observations for further investigation and action.Specifically state whether conditions are adhered to.Make recommendations where appropriate.Prepare an audit report for submission to the relevant authorities.DETAILS AND EXPERTISE OF INDEPENDENT AUDITORVanessa Marais is a Landscape Architect and has specialized in the development ofmanagement processes and guidelines for the review of environmental impactassessments. She has been extensively involved in policy decisions relating toenvironmental impact management within the ambit of the national context. Her fieldof expertise is environmental impact management, evaluation and review withanalysis of processes used for environmental impact management as well as thesensitivity analysis within environmental management frameworks (EMF).While working at a big engineering firm, her experience in the field of EnvironmentalImpact Assessments (EIAs) has enabled her to develop mechanisms for determiningimpacts associated with developments as well as mitigating measures forEnvironmental Management Plans (EMP). Her background as Landscape Architectis an advantage in the planning and management of Environmental ManagementFrameworks (EMFs). She gained valuable experience in project management whilecontributing to various projects in the environmental field. This experience togetherwith her extensive knowledge of Environmental Legislation acquired at theDepartment of Environmental Affairs and Tourism, makes her the ideal candidate forenvironmental manager. She was the project leader for the Mbombela State of theEnvironment Report that was undertaken in 2003 and 2004. She also used the vastexperience in EIAs and EMPs and externally audited environmental conditions atconstruction projects, including the Kruger Mpumalanga International Airport,SANRAL Head quarters - Green Building and Development Bank of Southern Africaexpansion projects.In recent years she has concentrated on Ecological Management Plans to conservesensitive fauna and flora species on sites to be developed and EnvironmentalManagement Plans to reduce the impacts of proposed developments on theenvironment during the construction, operational and rehabilitation phases of aproject. She also undertakes environmental Auditing and Monitoring to ensure thatcontractors adhere to the EMPs during the construction phase of a project.She has more than 17 years’ experience in Environmental management.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 20189
5.METHODOLOGYThe international standard ISO 19011:2002(E) was used as guideline for qualityand/or environmental management systems auditing. General or specific findings arepresented as observations or opportunities for improvement. To clarify reporting –the findings will be called and presented as non-compliance, potential noncompliance and compliance. These are defined as follows:Compliance (YES):Full compliance achieved with documented or audited proof of compliance available.No further actions are required.Non-compliance (NO):Non-compliance is the most severe type of finding. A non-compliance will indicatelegal non-compliance to the relevant legislation, license and/or records of decisionsconditions. Where appropriate the audit report could contain recommendationsregarding non-compliance and specified/agreed target dates for the implementation.Potential or partial non-compliance (PARTIAL):A potential or partial non-compliance refers to a deviation from a legal requirement astandard specification, or planned arrangement which does not constitute a noncompliance, but which does not represent Best Practice. Recommendations couldbe stated for potential non-compliances. It can also refer to conflicting of nonsensicalconditions in a license that cannot be complied with, but still needs to be resolved.6.FINDINGS OF PREVIOUS AUDIT REPORTS Skills development program for employees was being drafted at the time ofthe previous audit.Mine obtained ISO 9000 accreditation for their training centre.No rehabilitation of the topography possible. Pit 1 is being utilized as a tailingsstorage facility. Ptn 18 and pit 2 still being worked and stripping have startedon North Section (Ptn’s- 1, 4-7 and 19 of the farm Maroeloesfontein 366 KQ).Pit 1 tailings dam to be rehabilitated once fully filled.Plans exist for final land use but area is still being mined and conversion toend use is not possible yet.The mine is aware of alien vegetation but no formal action plan to managealien vegetation exists.The WULA was issued to the mine September 2011. Monitoring programsimplemented and in place.Incident management and recording systems in place.Dust fallout monitoring is done on the boundary of the mine by PRISM.Additional monitoring have been implemented since the approval of theMine’s Atmospheric Emission License. No impact to the public was identifiedduring the fallout study.Emission monitoring to be continued as per the mine’s AEL.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 201810
7.AUDIT FINDINGS11.114.1N/A10No7.3Conditions in the mining right (M.R. 100)Mining operations in the mining area must beconducted in accordance with the Mining WorkProgramme and any amendment to such MiningWorkProgrammeandanapprovedEnvironmental Management Plan.The Holder shall not trespass or enter into anyhomestead, house or its curtilage nor interferewith or prejudice the interests of the occupiersand/or owners of the surface of the Mining Areaexcept to the extent to which such interference orprejudice is necessary for the purposes ofenabling the Holder to properly exercise theHolder’s rights under this mining right.All boreholes, shafts, edits, excavations, andopenings sunk or made, by the Holder during thecurrency of this mining right shall be sealed,closed, fenced, made safe by the Holder inaccordance with the approved EnvironmentalManagement Programme, the Mine Health andSafety Act, 1996 or any other applicable laws andRegulations.Subject to section 43 of the Act, the Holder shall,during the tenure of this right while carrying outthe mining operations under this right, take allsuch necessary and reasonable steps toadequatelysafeguardandprotecttheenvironment, the mining area and any person/susing or entitled to use the surface of the miningarea from any possible damage or injuryassociated with any activities on the mining area.The Holder shall maintain all such books, plansand records in regard to mining on the MiningArea as may be required by the Act and shallfurnish to the office of the Regional Manager suchPartial7.2YesDescriptionObservation / CommentsXXThe mine has started with strippingon the portions that is owned byAndalusite Resources. Notrespassing on the other propertiesis taking place.XXXEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 201811Recommendation
N/A18.118.2No14.3Partial14.2reports and documents as may be relevant underthis right.The Holder shall furnish to the Regional Managerall such monthly returns contemplated in sectionth28 (2) A of the Act not later than the 15 day ofthe month following the month in respect of whichit was reported.The Holder shall furthermore at the end of eachyear following commencement of this miningright, inform the Regional Manager in writing ofany new developments and of the future miningactivities planned in connection with theexploitation/mining of the minerals on the MiningArea.The holder must annually, not later than threemonths before the end of its financial year, submita detailed implementation plan to give effect totRegulation 45(i)(ii) and (iii) in line with the Socialand Labour Plan.The holder must annually, not later than threemonths after finalisation of its audited annualreport, submit a detailed report on theimplementation of the previous year’s social andlabour plan.YesDescriptionObservation / CommentsXXDone every year after year end.Previous one was done 5/7/2017XThis is provided in line with themining charter compliance reportbefore the end of March of eachyear.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 201812Recommendation
N/Aiii)Noii)EMP – Environmental Objectives and GoalsMine ClosureIs mine closure objectives being met and is mineclosure plan still valid or must it be revised?Management of impactsPhysical stability – Pit slopes must be stable andnot move so as to eliminate any hazard to thepublic/mine worker health and safety. It musteliminate material erosion to the terrestrialreceiving environment.Geochemical stability – Surface water andgroundwater must be protected against adverseenvironmental impacts resulting from miningactivities.Land use – the closed mine site should berehabilitated to pre-mining conditions orconditionsthatarecompatiblewithagriculture/game farming. Generally it requiresthat the land be aesthetically similar to thesurroundings and capable of supporting selfsustaining ecosystems typical of the areaSustainable development – elements of minedevelopment that contribute to the sustainabilityof social and economic benefits, post mining,should be maintained and transferred tosucceeding custodians.Socio-economic conditions as identified inthe social and labour planAre the provisions in the Social and labour planbeing met?Partiali)YesDescriptionObservation / CommentsRecommendationXXTopsoil safety berms vegetated andno vertical slopes.XPit not deep enough.XXXXEnvironmental Compliance audit: 6 Portions MaroeloesfonteinBrickmaking with Aganang wasimplemented.5 years skills assessment was doneIt is a work in progressThe skills assessment is underrevision. Some employees havetransportable skills and artisantraining with MQA qualificationsMay 201813The mine to revise the training programme toensure that employees have transportablequalifications.
Other projects?XIs the social and labour plan still valid or must itbe reviewed and edited?XProceduresforenvironmentalemergencies and remediationIs there a procedure in place?N/AXNovi)New projects such as brickmaking, or vation / CommentsRecommendationunderway.3 new projects were identified Phase 2 of the farming project Municipal capacity buildingproject Infrastructuredevelopmentprojects (2 small bridges to beupgraded / built in Smachblock)Other projects will be identifiedthrough the Thabazimbi Municipality.The revised Social and Labour planwas submitted to DME in 2017, butno approval was received. Therevisioninclude new projectsidentified and will also focus on skillsand capacity buildingrelatedMonitoring by an ESAIs there an appointed ESA on site that doesregular performance audits?Environmental awareness plan for employeesIs there such an awareness plan for the mine?XEmergency preparedness planXXThe plan is in bits and piecesManagement will ensure that all employees andcontractors are made fully aware of the contents,conditions and environmental management aimsof the Environmental Management Programme.XContractors to be made aware of theEnvironment on the mine throughthededicatedenvironmentalawareness plan.Management will meet with employees andcontractors on a regular basis to ensure that theXIrregular meetings taking placeEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 201814All the different pieces must be incorporatedinto a dedicated environmental awarenessplan that can be supplied to employees. Thisplan must focus more on the environmentthan on Health and Safety.All the different pieces must be incorporatedinto a dedicated environmental awarenessplan that can be supplied to employees. Thisplan must focus more on the environmentthan on Health and Safety.Regular meetings must be scheduled withemployees to discuss the conditions of the
N/ANoviii)Partialvii)conditions of the Environmental ManagementProgramme are understood and met.Meetingsforimpartinganddiscussingenvironmental management matters wouldinclude: Induction Sessions – for new employeesand annually for existing employees. Safety Meetings – monthly. Mining Meetings – fortnightly duringmining period.During the construction phase all contractorteams involved in work on the site are to bebriefed on their obligations towards environmentalcontrols and methodologies in terms of this EMPprior to work commencing. The briefing couldtake the form of an on-site talk and demonstrationby the ECO. The education / awareness planshould be aimed at all levels of managementwithin the contractor teamMining Works ProgrammeIs the Mining works programme still valid or mustit be reviewed and changed?Procedures for mining near the vicinity of anoticeable water bearing washed out zone orfaultMining is done in the direction of the wash outzone or fault and the presence of these featuresshould be noted in the overburden.YesDescriptionObservation / CommentsRecommendationEMPr.XXThe current awareness plan is notcommunicated with all levels ofmanagementwithincontractorteams.XXNo indication of water bearingwashed out zone. Still busy withstripping.Should the overburden and first ore ledgesexpose more of the features and a loss of shale isnoticeable. Mining of that face will be stoppedimmediately and a “pillar” will be left between thecurrent pit and the new pit that will be mined fromthe opposite direction of these features.XStill busy with stripping.Environmental Compliance audit: 6 Portions MaroeloesfonteinMay 201815All contractors and new contractors comingonto the site must be briefed on the EMPrconditions.
Provisions in the EMPr:N/A1.3Observation / CommentsXA wire fence must be established between thequarry site and the sensitive areas to preventaccess to these areas.1.2NoSite Establishment and operational phaseFencing around quarryA wire fence with gate must be established andmaintained around the outer perimeter of thequarry area for access control.Partial1.1.1YesDescriptionNo pedestrians are to be allowed through the siteto ensure conservation of sensitive fauna andflora as well as other resources.XSmall and burrowing animals would be allowed tomove through the fence onto adjacent properties.Fencing around the gravesA wire fence with gate must be established andmaintained around the outer perimeter of thegraves for access control.XThe community will be allowed to visit the gravesafter arrangements are made with minemanagement, to ensure their safety whenentering the mine property.Visual controlPlace a berm near the Maroeloesfontein easternservices and the D1590 roads with planting ofgrasses and trees endemic to the area on it toreduce visibility from outside the site of the miningactivities.XXOnly busy with stripping on portion19 – there is no sensitive area onportion 19 that needs to be fenced.XNo mining taking place near the roadat this stage. There is sufficientvisual barriers in the form of distanceand large trees or other bushveldvegetation.XSlope the berm to look natural and plant the treesin clumps all over the berm.XEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 201816Recommendation
N/A1.5SecurityThe Mine management must implement aneffective security system at the site on a 24h/daybasis. This system must include full and effectivesecurity control of all access points, includingappropriate identification procedures for allpersons and vehicles entering or leaving the site.The Mine management will be responsible forpreventing firearms being brought onto the site,other than firearms carried by security guardsemployed by the mine.PublicThe Mine management must undertake allappropriate measures necessary to establish,maintain and foster harmonious and soundrelations with the local community.No1.4PartialNo vegetation will be removed unless in the wayof mining activities in order to screen the miningactivities.YesDescriptionObservation / CommentsXXXThe Environmental Impact Assessment Reportand ROD must be made available to the public onrequest.XIt will be the responsibility of the Minemanagement to ensure that a complaints registeris set up and is available on site. A procedure toaddress concerns and complaints of thecommunity is to be determined at the siteestablishment phase. The procedure must set outthe period in which complaints will be dealt with.The Mine management is to ensure that anycomplaints or concerns raised by communitymembers are followed up. The ESA is to reporton the actions taken in the report submitted.XEnvironmental Compliance audit: 6 Portions MaroeloesfonteinMay 201817Recommendation
N/ARecommendationN/ANoNoPartialYesProtection of the environmentProtected areasBefore any construction activity may commenceon the site, all sensitive areas that may beaffected by the quarrying activities must beidentified by a suitably qualified person andfenced off to ensure the preservation of theseareas.Observation / CommentsObservation / CommentsRecommendationXDescription2.2.1PartialA procedure will be established together with thesurrounding landowners to deal with safety andsecurity in the area.YesDescriptionXAll sensitive areas on site that fall outside thearea to be quarried, shall be identified andmonitored by the ESA to ensure that no quarryingactivity impacts on these areas.XConstruct a fence around the mining area of thesite with a gate for access control. The fencebetween the sensitive and mining areas is toprevent mining personnel and other people fromentering the preservation area.XThere are no sensitive areas on siteThe Mine management is to ensure that noharvesting of any plants occurs from the sensitivearea outside of the quarry site.XAccess is controlledNo firewood is to be harvested
to conduct an independent environmental compliance audit on its Mining Right and authorized Environmental Management Programme (EMPr) for portions 1, 4-7 and 19 of the farm Maroeloesfontein 366 KQ. The following steps were taken to conduct the compliance audit: Compilation of and audit checklist for the site visit
