Background

(i)   Mining activities impact in three important areas on the environment:

    the environmental impact of exploration;
    the environmental impact over the life of a mine including mine closure and financial assurances for mine site rehabilitation;
    maintaining rehabilitation measures where mining activity has ceased.

(vi)   Under the Minerals Act, prospecting and mining operations may not be conducted without an environmental management programme (EMP) having being approved by the authorities. To assist prospecting and mining companies to comply with this requirement, the Environmental Management Programme Report (EMPR) process was developed and has been approved for use in the mining industry. The EMPR covers a description of the pre-mining environment, a motivation for and detailed description of the proposed project, an environmental impact assessment, and an indication of how the impacts will be managed. Adequate consideration must be given to alternative methods of mining. The EMP, furthermore, requires adequate provision for financial guarantees for rehabilitation and arrangements for monitoring and auditing.

Intent

Government intent to ensure, as custodian of the nation’s natural resources, that the essential development of the country’s mineral resources will take place within a framework of sustainable development and in accordance with national environmental policy, norms and standards.

Policy Requirements

Views of employers

(i)   A balance should be maintained between encouraging economic development and preserving high standards of environmental management.

(ii)   All mining should be conducted in an environmentally responsible manner. Uniform standards of environmental management should be applied across mining operations of varying scale with no exception to artisanal mining.

(iii)   In principle, there should be no area where prospecting and mining are prohibited, except proclaimed townships. The degree of sensitivity of the area must affect the standards of environmental control exercised by the mining operation. Should an economically viable ore body be discovered in a sensitive area, approval to mine should be subject to the full assessment of environmental impacts provided for in the Minerals Act, in which the "no project" option can be considered

(iv)   Cognisance should be taken of the stage of economic development of the country in framing environmental regulations. Environmental protection legislation that follows the example of highly developed countries should be adopted with caution. Prospecting and investment in mining have on occasion been substantially diminished as a direct result of ever-higher standards.

(v)   Mining should be granted precedence in land use, while taking cognisance of environmental factors.

(vi)   Appropriate environmental standards should be set for different stages of mining so that low impact activities, such as prospecting, are not burdened with cumbersome regulations.

(vii)   The interdepartmental consultation required for approval of environmental management programmes should be facilitated and expedited through a "one-stop shop" approach in which the Department of Minerals and Energy acts as a lead agent and liaises with other departments, provincial authorities and interested and affected parties.

(viii)   Delays in obtaining environmental approvals should be eliminated through improved administration.

Views of small-scale miners

(i)   Government support should be provided for the education of small-scale miners on environmental management.

(ii)   Intensive environmental management services should be provided in areas where there is a high concentration of small-scale miners. Measures should include providing technical and environmental management assistance and simplifying the procedures for complying with environmental management regulations. Explicit budgetary allocations should be made for this purpose.

(iii)   Rehabilitation procedures should be made more affordable by devising a more flexible system for providing the necessary rehabilitation moneys.

Other views

(i)   Conservation areas including parks, reserves, wilderness areas, and cultural and archaeological sites should be protected

(ii)   The rehabilitation of defunct and derelict mines, which are a risk to the environment, public safety and human health, should be provided for by appropriate regulation

(iii)   The environmental damage caused by the mining industry should be managed and contained irrespective of the size of the mine

(iv)   It should be ensured that the rehabilitation of land for post-mine use is carried out to standards that permit its use for the purpose set out in the EMPR and that closure be granted only after satisfying that there are no foreseeable residual impacts that will be inherited by parties acquiring such land

(v)   Communities directly affected by mining should be enabled to participate in environmental impact assessments studies at the planning stage

(vi)   South Africa should comply with international environmental standards to meet international obligations.

(vii)   Concerns that the DME lacks capacity to enforce existing environmental provisions should be addressed.

(viii)   Environmental management for the minerals industry should be improved by expanding the scope of EMPRs, which presently address the physical environment, to include assessment of the impact on the social environment.

(i)   A conflict of interest between the promotion of the minerals industry and the enforcement of environmental standards within the DME should be prevented by providing a clear separation of powers

(i)   Land-use decisions should be based on economic efficiency and mining should not enjoy a claim to precedence.

Government Policy

Government will ensure that the following principles are adhered to:

(i)   A single national environmental policy and co-operative governance is needed to achieve integrated and holistic environmental management throughout South Africa. The Department of Environmental Affairs and Tourism was appointed as the lead agent. The DME will develop and apply the necessary policies and measures to ensure the mining industry’s compliance with the national policy on environmental management and other relevant policies such as the national water policy.
The DME will also recognize the Department of Water Affairs and Forestry as lead agent for the national water resource.
The processes up to and including granting of the prospecting or mining licence and approval of the environmental management programme will take place simultaneously. The DME, in consultation with the relevant State Departments, will develop procedures to accommodate the requirements.

(ii)   Decision-making will be risk-averse and cautious, recognizing the limits of current environmental management expertise. Where there is uncertainty, action is required to be taken to limit the risk, including consideration of the "no go" option.

(iii)   The polluter-pays principle will be applied in the regulation and enforcement of environmental management. The mining entrepreneur will be responsible for all costs pertaining to the impact of the operation on the environment. Where for reasons such as the demise or incapacity of a mining entrepreneur, no responsible person exists or can be identified to address pollution emanating from past mining operations, the State may accept responsibility or co-responsibility for the rehabilitation required. Government may require that any person benefiting from such rehabilitation should contribute to the cost involved in such proportions as may be negotiated.