MINISTER OF Environmental Affairs and Tourism Valli Moosa has confirmed the legality of the construction of the temporary haul road for the Coega Project. In a letter written to Norton Tennille of the South African Environmental Project, Moosa states that it will be “inappropriate for me to issue an instruction to the Coega Development Corporation to cease with the current activity”. The Minister notes that the CDC is complying with “the necessary environmental legislation and is still be obliged to do so in the future”. He adds that “I am not of the opinion that the entire Coega Industrial Development Zone should be held at ransom by a six kilometre haul road that is temporary in nature and located within the town-planning scheme”. Moosa’s comments follow correspondence by the Southern African AEP calling on the Minister to make a ruling regarding the legality of the construction of the haul road and order the CDC to stop the construction work. In his response, the Minister states that he has evaluated SAEP’s argument and “I have realized that this activity might erroneously be linked” to sections of South Africa’s environmental legislation, notably: 1(c) The construction or upgrading of transport routes and structures, and manufacturing, storage, handling or processing facilities for any substance which is considered as dangerous or hazardous and is controlled by national legislation 1(d) Roads, railways, airfields and associated infrastructure and activities outside the borders of town planning schemes. 1(d) Marinas, harbours, and all structures below the high-water mark of the sea The Minister states: “I have thoroughly investigated the above-mentioned items so as to verify whether the haul road, as it is presently under construction, is listed in terms of the regulations or not. This road construction cannot be linked to any of the above-mentioned items. Item 1 (c) refers only to the construction of transportation routes for substances considered hazardous. My understanding is that the haul road does not fall within the provision. Item 1(d) refers to road construction outside the borders of a town-planning scheme. This development is within the borders of a town-planning scheme of the Port Elizabeth Municipality. Item 1 (e) refers to structures below the high watermark of the sea. “Given the above, it becomes evident that this activity cannot legally be interpreted as an associated structure to the port or a listed activity in terms of the EIA regulations and I therefore cannot instruct the Coega Development Corporation to stop construction of this road.” The Minister says that to date the CDC “has undertaken a considerable number of environmental studies to investigate and address environmental consequences of both the proposed Industrial Development Zone and Coega Port”.