MINING AND ENVIRONMENT: ENVIRONMENTAL REGULATORY FRAMEWORK AGRI SA S AGRICULTURE / MINING CONFERENCE SHERE EMPOWERMENT CONFERENCE CENTRE

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1 MINING AND ENVIRONMENT: ENVIRONMENTAL REGULATORY FRAMEWORK Thibedi Ramntja 9 APRIL 2013 AGRI SA S AGRICULTURE / MINING CONFERENCE SHERE EMPOWERMENT CONFERENCE CENTRE 1

2 OVERVIEW Relatinship between Mining and Agriculture; Evlutin f Suth Africa s Mining Envirnmental Legislatin; MPRDA 2002 ( Act 28 f 2002); MPRDA Draft Amendment Bill, 2012; Status f the Amendments Cnclusin 2

3 RELATIONSHIP BETWEEN MINING AND AGRICULTURE The relatinship between mining and agriculture ften viewed as a hstile; A symbitic relatinship exists between mining and agriculture; Mining depends n agriculture t exist and vice versa: Agricultural equipment are made frm mineral 3

4 RELATIONSHIP BETWEEN MINING AND AGRICULTURE Agricultural Equipment: 4

5 RELATIONSHIP BETWEEN MINING AND AGRICULTURE Agricultural Equipment: Diesel/Fuel fr the equipment is mined 5

6 RELATIONSHIP BETWEEN MINING AND AGRICULTURE A balance needs t be struck between farming activities and mining peratins; Mining shuld be undertaken in such a manner that farming is nt negatively affected, the reverse is als true The centre f this relatinship shuld based n sustainable and integrated management f natural resurces as well as prudent envirnmental stewardship In fact in sme instances c-existence is pssible eg 6

7 EVOLUTION OF SA MINING ENVIRONMENTAL LEGISLATION In the past Suth African mining industry and legislatin fcused primarily n ecnmic develpment. Envirnmental and scial issues were nt fully prvided fr. Befre the Minerals Act and MPRDA mining cmpanies cmplied with minimum envirnmental standards and requirements, as a result the histrical practices has created a huge envirnmental legacy - ftprint with high remediatin cst Examples f histrical legacies are Acid Mine Drainage (AMD). Derelict and Ownerless (D&O) mines. 7

8 EVOLUTION OF SA MINING ENVIRONMENTAL LEGISLATION 1970s Sme regulatins n envirnment were intrduced Mines & Wrks Act Mining Rights Act Minerals Act Cnstitutin MPRDA (N. 27 f 1956) (N. 20 f 1967) (N. 50 f 1991) (1996) ( N. 28 f 2002) Frmal clsure env. N env. man. Strengthening thrugh Envirnmental Intr. Strict reg. f fencing f sites regulatins env. man plans (EMPs) rights affrded EMPs & MWPs Fcus n safety T regulate access Fcus Mineral Administratin t minerals rights Envirnmental was affrded cnstitutinal rights N detailed prvisins On surface rights Brught abut change Cncept f sustainable Dev 8

9 Current Legislative Framewrk fr MEM THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA BEST ENVIRONEMNTAL MANAGEMENT LEADING TO SUSTAINABLE DEVELOPMENT MPRDA NEMA NWA OTHER RELE. LEGISLATION 9

10 EVOLUTION OF SA MINING ENVIRONMENTAL LEGISLATION Cnstitutin and Envirnment: Cnstitutin f Suth Africa was intrduced in 1996 It states that everyne has the right t an envirnment that is nt harmful t their health r well-being; and Envirnment has t be prtected, fr the benefit f present and future generatins, thrugh reasnable legislative and ther measures; This is the fundatin fr addressing envirnmental issues in the cuntry, including mining. The Cnstitutin recgnized the need t maintain a balance between scial, envirnmental and ecnmic aspects. 10

11 EVOLUTION OF SA MINING ENVIRONMENTAL LEGISLATION Envirnment: Mining Plicy, MPRDA: In the Mining industry plicy issues relating t the envirnment were fr the first time cmprehensively captured in the 1998 Minerals and Mining Plicy White Paper, The White Paper als intrduced the Principle f Sustainable Develpment in the mining industry The principles in the White Paper were cnverted int legislatin thrugh the MPRDA which captured all elements f Sustainable Develpment and balanced envirnmental and scial elements with ecnmic gains f the mining industry. 11

12 THE MPRDA (Act 28 f 2002) The MPRDA f 2002 is certainly a milestne in the transfrmatin f the mining industry in all aspects. It prvides a hlistic cradle-t-grave apprach t the explitatin f mineral and petrleum resurces that fully internalises ecnmic, scial and envirnmental csts t achieve sustainable develpment f S.A s mineral resurces. In the preamble f the MPRDA gvernment affirms its bligatin t prtect the envirnment fr the benefit f present and future generatins. The MPRDA als ensures sustainable develpment f mineral and petrleum resurces. MPRDA addressed many gaps in the previus mining legislatin by strengthening areas f envirnmental management 12

13 THE DRAFT AMENDMENT BILL, 2012 The management f mineral resurces thrugh the MPRDA began t transfrm the manner in which mineral are explited, especially with regards t the envirnmental management Hwever, gvernment has realized that there are gaps that need t be addressed In this regard, prpsals ir amendment t MPRDA have been put frward The Draft Amendment Bill, 2012 was published in December 2012, seeks t amend principal Act and the Amendment Act 49 f

14 THE DRAFT AMENDMENT BILL, 2012 Objects f the Amendments: Streamline f the licensing prcesses with ther departments such as Department f Envirnmental Affairs and Department f Water Affairs; Mine Envirnmental Management will be regulated in terms f NEMA 14

15 THE DRAFT AMENDMENT BILL, 2012 Objects f the Amendments: Imprving the current cnstruct f the Act by remving ambiguities; The amendments are als aimed at imprving cnsultatin prcesses- define the prcess f detailed cnsultatin in the regulatins; Strengthening sanctins fr nn cmpliance. 15

16 THE DRAFT AMENDMENT BILL, 2012 Selected Amendments: Sectin 37: n envirnmental management principles has been mved t NEMA; In the current act the principle f NEMA were guidelines Sectin 39: n envirnmental management prgramme and envirnmental management plan has been mved t NEMA; Envirnmental reprt will be cmpiled in terms f chapter 5 f NEMA Cnsultatins will als be in terms f NEMA Sectin 43: issuing f a clsure certificate is retained in MPRDA and hlders will remain liable ntwithstanding the issuing f a clsure certificate; Prpsals intend t strengthen cnsultatins prcesses Cnsultatin n envirnmental issues is in terms f NEMA. Cmmunities and relevant structure will have t be cnsulted n Scial and Labur plans Land wners will als be cnsulted 16

17 THE DRAFT AMENDMENT BILL, 2012 Selected Amendments: The amendments als intend t imprve the functins f the Reginal Mining Develpment and Envirnmental Cmmittee which is established in terms f the Act; Main functin is t advise the Minister n bjectins received Cperative gvernance will als be strengthen thrugh integrated licensing prcess that invlves ther relevant departments There is an Inter-Departmental Implementatin Cmmittee (IPIC) is already wrking n the implementatin f an integrated licensing system. 17

18 OTHER INITIATIVES Other initiatives As a department we have als initiated a prcess f enhancing the balance between mining, agriculture and the envirnment. In this regard we aim at ensuring that available mining land is utilised fr agricultural purpse. This matter was discussed at last year s Mpumalanga Mining Summit. We are als in cntact with GrainSA and ther relevant stakehlders 18

19 Status n Amendments f the MPRDA DMR has cmpleted the cnsultatin prcess: Chamber Mines, Unins, envirnmental grups, legal fraternity, ther state departments; Currently cnslidating inputs; The Bill will be submitted t Cabinet and later t Parliament 19

20 CONCLUSION The new amendments will certainly cntribute twards the elevatin f envirnmental issues as mining and envirnmental matters are ging t be integrated int the Natinal Envirnmental Management Legislative Framewrk; The streamlining f the licensing will als imprve the management f mining and the envirnment, as this will enhance cperative gvernance. Fr example, all ther relevant authrizatins will be in place upn issuing a mining right; These amendments will g a lng way in imprving the management f mineral resurces in SA. 20

21 THANK YOU Website: 21