Key points
- The appointed independent practitioner completed the assessment for the ML 170 clearance application.
- The comprehensive environmental and social impact assessment was run under the Environmental Management Act No. 7 of 2007.
- The update covers the regulated permitting process for the Sandpiper project.
Namibian Marine Phosphate (Pty) Limited (“NMP”) is pleased to provide an update on the application for an Environmental Clearance Certificate (“ECC”) in regard to mining licence 170 (“ML 170”) for the development of the Sandpiper Marine Phosphate Project (“Sandpiper Project”).
As required by Namibian law, under the provisions of the Environmental Management Act No.7 of (2007) (“EMA 2007”), the comprehensive application and Environmental and Social Impact Assessment (“ESIA”) process has been managed by an appointed and independent Environmental Assessment Practitioner (“EAP”). The EAP has now completed the Assessment Phase and the final Marine ESIA Report, which includes the current and best available scientific data for the area and proposed operations, was submitted to the Environmental Commissioner (“EC”) and other relevant authorities. In accordance with the provisions of Section 35 of EMA 2007, the EC has advised the ESIA has met the prescribed requirements in terms of contents and accordingly the application and ESIA will now be notified in the prescribed manner. A total of 133 Interested and Affected Parties (“I&APs”) formally registered to participate in the application process; and, the ESIA was advertised and made available for public comment prior to submission of the final report to the EC. The completed phases of the process are explained in summary further below.
Recurring Themes in Key Issues Raised by Stakeholders
During the ESIA consultation process, and in the Namibian media, including recent reported comments by the Chairman of the Confederation of Namibian Fishing Associations (“CNFA”), certain recurring themes have been highlighted questioning aspects of Namibia’s EMA2007 ESIA prescribed process (which is applicable to proponents of all listed activities) as well as the integrity of the Sandpiper Project’s 2022 ESIA Report.
The following accurate and factual information is provided to ensure correctness and perspective on these recurring themes and the EMA 2007 regulatory requirements:
- For all mining or exploration projects and activities in Namibia, environmental assessments are required in accordance with the Namibian law under the provisions of the EMA 2007, stating that:
Proponent Payment and Independence of Appointed ESIA Consultants
- The Proponent must pay the cost for the prescribed process for completing the relevant application and Environmental Impact Assessment, including consultants and fees (Section 35(1)(b) and 46).
- The Proponent may also be required to pay the cost for any independent external review, appointed by the EC (Section 45).
- EMA 2007 requires that appointed EAPs and consultants must be independent of the Proponent and must provide appropriate disclosure statements (Regulation 4(d).
- The resulting ESIA report and studies therefore present an independent and qualified assessment for review by the EC.
- Under EMA 2007, the above requirements for assessment apply to proponents of all 10 listed activities. However, commercial ocean-based fisheries are not included as a listed activity and as such individual proponents (ie. fishing companies) are not required to complete an ESIA for commercial extraction operations.
See below for additional information on other recurring themes, and the completed phases of the ESIA process: Scoping and Assessment.
NMP remains fully committed to the responsible commercial, social, and environmental development of the proposed Sandpiper Project for the benefit of all stakeholders, as well as national interests and those of the Namibian public at large.
