CHAPTER 213- MINES AND MINERALS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Mines and Minerals (Environmental) Regulations, 1997

Mines and Minerals (Environmental Protection Fund) Regulations, 1998

Mines and Minerals (Royalty) (Remission ) Order, 2000

Mines and minerals (Environmental) (Exemption) Order, 2000

MINES AND MINERALS (ENVIRONMENTAL) REGULATIONS, 1997

[Sections 76 and 108]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
ENVIRONMENTAL IMPACT ASSESSMENT

   3.   Environmental project brief

   4.   Environmental impact statement procedure

   5.   Contents of environmental impact statement

   6.   Mine site closure

   7.   Records of closing down mine

   8.   Audit of environmental impact

   9.   Minister’s powers to exempt

PART III
MINE DUMPS

   10.   Interpretation of Part

   11.   Procedure to be followed before dumping

   12.   Rules for dumping operations

   13.   Dumping on decommissioned dump

   14.   Prohibition of dumping liquid dump over mine

   15.   Drainage of dump

   16.   Supervision of drainage system by competent person

   17.   Reports by independent person regard classified dump

   18.   Reports on active classified dumps

   19.   Reporting of unusual or abnormal matter

   20.   Closure of dumping site

   21.   Inspection of decommissioned classified dump

   22.   Report on decommissioned classified dump

   23.   Keeping of plans, section, etc. of decommissioned classified dump

   24.   Submission of reports for closed dump

PART IV
AIR QUALITY AND EMISSION STANDARDS

   25.   Air quality and emission standards

   26.   Application of Legislation on Occupational Healthy and Safety

   27.   Water for dust suppression

   28.   Developer to provide adequate ventilation

   29.   Removal of toxic substances or dust

   30.   Determination of air quality in surface plants

PART V
WATER STANDARDS

   31.   Water rights

   32.   Access to drinking water

   33.   Regulating effluent water discharge

PART VI
STORAGE, HANDLING AND PROCESSING OF HAZARDOUS MATERIAL

   34.   Interpretation of Part

   35.   Suitability of building, installation and equipment

   36.   Safe working practice

   37.   Code of safe working practice

   38.   Inflammable combustible liquids

   39.   Storage of highly inflammable and combustible liquids

   40.   Vessel for storing, conveying or transporting liquid

   41.   Transferring hazardous liquid

   42.   Storage of any hazardous liquid in storage room

   43.   Storage of hazardous liquid in storage shed

   44.   Storage of hazardous liquid in open area

   45.   Storage of hazardous liquid

   46.   Re-fuelling of petrol and fuel oil in a mining area

   47.   Filling station in mining area

   48.   Transportation of fuel-oil underground

   49.   Specification of fuel-oil underground

   50.   Amount of fuel-oil permitted underground

   51.   Spillage of fuel-oil

   52.   Transporting of hazardous liquid in container

   53.   Transporting fuel-oil in bowser

   54.   Transporting corrosive liquid in mobile container

   55.   Probation of smoking and naked lights

   56.   Prohibition of towing

   57.   Storage of inflammable or combustible solid

   58.   Prohibition of touching or moving damaged container

   59.   Repairs to mobile container

   60.   Repairs to bowser

   61.   Repairs to vessel

   62.   Ionisation and radiation

PART VII
INSPECTION

   63.   Inspection of mining operations

   64.   Powers of inspector

PART VIII
THE ENVIRONMENTAL PROTECTION FUND

   65.   Contribution to fund

   66.   Fund contributions

   67.   Concessions by Director

PART IX
MISCELLANEOUS

   68.   Public access to information

   69.   Protective clothing

   70.   Provision of washing and eating facilities where toxic substances are handled

   71.   Code of safe working practice

   72.   Protection of surface excavation

   73.   Crack, subsidence or cavity

   74.   General penalty

   75.   Danger from spontaneous combustion

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

      SIXTH SCHEDULE

      SEVENTH SCHEDULE

      EIGHTH SCHEDULE

      NINTH SCHEDULE

      TENTH SCHEDULE

      ELEVENTH SCHEDULE

SI 29 of 1997.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Mines and Minerals (Environmental) Regulations, 1997.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“Council” means the Environmental Council of Zambia established by the Environmental Protection and Pollution Control Act, 1990;

“Competent person” Means any person appointed as such by a mine manager, to enforce these Regulations within a mine licence or permit area;

“Contaminant” means a substance or physical agent or a combination of substances and physical agents that may contribute to, or create, pollution;

“Decommissioned dump” means a dump where dumping operations have ceased but the dump has not been closed;

“Developer” means a person who holds a licence or a permit issued under the Act and who undertakes a new mining operation or mining related project to repair or extend an existing mine or mining operation;

“Director” means the Director of Mines Safety appointed under section 83 of the Act;

“Environmental impact statement” means a statement on the impact of the mining operation on the environment submitted to the Director under regulation 5;

“Inspector” means a person appointed as an inspector under section 83 of the Act;

“Project brief” means a report made by the developer including preliminary predictions of possible impacts of a proposed exploration, prospecting or mining operation on the environment and constituting the first stage in the environmental impact assessment process;

“Proprietary information” means any information relating to any manufacturing process, trade secret, trademark, patent, copyright, breeder’s right or formula protected by law or by any international treaty to which Zambia is a party;

“Scheduled mine” means any mine specified in the First Schedule of the Pneumoconiosis Act and includes any scheduled place specified in the Second Schedule to that Act;

“Toxic substance” means a poisonous gas, vapour, fume, dust or other substance that may cause injury, or adverse pathological changes, to human beings or animals or cause adverse physiological changes to the environment;

“Underground” means beneath the surface of the ground to which access may be by way of a ramp, adit raise, shaft or winze, but does not include an open pit or quarry;

“Working” means an excavation made for the purpose of searching of winning minerals;

PART II
ENVIRONMENTAL IMPACT ASSESSMENT

3.   Environmental project brief

   (1) A developer shall prepare and submit six copies to the Director, of an environmental project brief before undertaking any prospecting, exploration or mining operations.

   (2) For the purpose of prospecting exploration or mining operations under these Regulations a developer shall appoint a mine manager.

   (3) A mine manager appointed under (2) shall employ a competent person.

   (4) A competent person referred to in sub-regulation (2), shall–

      (a)   in relation to any duty or function, have adequate training and experience so as to enable him to perform such duty or function under these Regulations, without any avoidable danger to himself or any other person; and

      (b)   have the relevant academic qualifications in mining environmental management, recognised by the Director and should have a minimum of two years relevant industrial experience.

   (5) The environmental project brief referred to in sub-regulation (1) shall be prepared by a competent person.

   (6) The environmental project brief referred to in sub-regulation (1) shall contain the information set out in the First Schedule to which shall be attached–

      (a)   a brief statement on the impact of the prospecting, exploration or mining operations on the environment; and

      (b)   information on any remedial action, if any, to be implemented and complied with.

   (7) The Director shall comment on the environmental project brief and shall, within ten days of receipt of such environmental project brief, make recommendations to the Council for consideration.

   (8) The Council shall, within 40 days of receipt of the environmental project brief, inform the Director of its decision.

   (9) If the environmental project brief is incomplete, the council shall send it back to the Director with comments, and the Director shall inform the developer referred to in sub-regulation (1), to re-submit the environmental project brief within 21 days.

   (10) The Director shall write to the developer authorising him to develop the mine, if the mining operation has no significant impact on the environment.

   (11) This regulation shall apply to–

      (a)   all proposed mining operations whether they are part of a previously proposed mining operation or not; and

      (b)   Any alterations, modifications or extensions of any existing mining operation, which the Director or the Council directs, based on the information contained in the project brief, that an environmental impact assessment should be prepared.

   (12) The provisions of the Environmental Protection and pollution Control (Environmental Impact Assessment) Regulations, 1997 relating to environmental project briefs shall apply to any application made under this regulation.

4.   Environmental impact statement procedure

   (1) Where the Director determines that the exploration, prospecting or mining operations is likely to have a significant impact on the environment, the Director shall request the developer to prepare an environmental impact statement in accordance with these Regulations.

   (2) The environmental impact statement referred to in sub-regulation (1) shall be prepared by a competent person.

   (3) The provisions of sub-regulation (3) of regulation 3 shall apply to this Regulation.

   (4) The developer referred to in sub-regulation (1) shall submit nine copies of the Environmental impact statement to the Director within 60 days of receipt of the request from the Director.

   (5) The environmental impact statement shall contain the information set out in the Second schedule.

   (6) If the environmental impact statement is unacceptable or significantly incomplete, the Director shall, within 30 days of receipt of such environmental impact statement, inform the developer, stating–

      (a)   the issues that need further consideration;

      (b)   that he should re-submit the environmental impact statement with alterations or corrections within 30 days of that request; or

      (c)   any further data to be collected.

   (7) The Director shall register each environmental impact statement.

5.   Contents of environmental impact statement

   (1) The environmental impact statement shall contain–

      (a)   and executive summary of the impact of the exploration, prospecting or mining operation on the environment;

      (b)   an environmental management plan;

      (c)   a plant for rehabilitation and management; and

      (d)   the estimated cost of protecting the environment.

   (2) The cost of protecting the environment referred to in paragraph (c) of sub-regulation (1) shall include–

      (a)   the operational cost of protecting the environment, covering the full life of the mine;

      (b)   the cost of rehabilitating the mine, covering the full life of the mine;

      (c)   the cost of decommissioning; and

      (d)   the operational cost of protecting the environment after the closure of the mine.

   (3) the estimate of the cost of the rehabilitating the mine shall be in the form set out in the Third Schedule.

   (4) the developer shall make a commitment, in writing, to the Director to–

      (a)   meet the costs referred to in sub-regulation (2); and

      (b)   implement the environmental impact statement.

   (5) The developer shall attach to the environmental impact statement–

      (a)   a map showing the location of the tailings, waste and overburden dumps;

      (b)   a map showing the area covering the mining right or permit and the location of the dumps in relation to the mine structures and the natural and physical features;

      (c)   the total tonnage and chemical composition of the materials dumped; and

      (d)   the statement of any rehabilitation work to be undertaken.

   (6) The map referred to in paragraph (a) of sub-regulation (5) shall be–

      (a)   made of durable material;

      (b)   deposited at the office of the Director and updated by every thirteenth day of September of each year, and

      (c)   updated immediately on the cessation of mining, abandonment of a mine or at the request of the Director.

   (7) A developer shall appoint a competent person to update the environmental impact statement once a year.

6.   Mine site closure

   (1) A developer may apply to the Director for a partial or complete closure of a mine.

   (2) The application referred to in sub-regulation (1) shall include an audit report on the environment surrounding the mine site, which shall be prepared by an independent person.

   (3) A mine site shall be closed within 60 days of the application referred to in sub-regulation (1), after all the conditions under these Regulations have been met.

   (4) The Director shall issue a closure certificate for any mine closed and the mining right or permit or part thereof shall be cancelled by the Minister.

7.   Records of closing down mine

   (1) The Director shall keep a record of an environmental impact statement, map or other document for any mine temporarily or permanently closed or abandoned.

   (2) The records referred to in sub-regulation (1) shall be open for inspection by the public during normal working hours.

   (3) Notwithstanding subsection (2), the records referred to in that subsection shall not include proprietary information.

8.   Audit of environmental impact

   (1) An audit report on the impact on the environment of any exploration, prospecting or mining operation shall be prepared by two independent competent persons and shall contain information as to whether the environmental impact statement is being implemented and complied with.

   (2) Two copies of the report referred to in sub-regulation (1) shall be submitted to the Director for evaluation.

   (3) The Director shall, within 30 days of receipt of the report referred to in sub-regulation (2), notify the developer of any modifications the Director may consider necessary and shall state when the next audit on the impact of the exploration, prospecting or mining operation on the environment shall be conducted.

   (4) The first audit on the impact of any exploration, prospecting or mining operation on the environment shall be conducted within 15 months of commissioning such exploration, prospecting or mining operation.

9.   Minister’s powers to exempt

   (1) The Minister may, on such conditions as he may determine, exempt any prospecting, exploration or mining operation from the operation of any provision of these Regulations in accordance with the Act, or, where a developer is conducting any experiments or tests on such conditions as the Minister may determine.

   (2) The Minister may delegate his function under sub-regulation (1) to the Director.

PART III
MINE DUMPS

10.   Interpretation of Part

In this Part, unless the context otherwise requires–

“active dump” means any dump where dumping operations are carried out and which has not been closed;

“classified dump” means a dump consisting of material deposited and accumulated–

      (a)    wholly or mainly in solid form where–

      (i)    the area covered is more than ten thousand square metres and the height is more than two metres;

      (ii)    the height of the dump is more than 15 metres; or

      (iii)    the average gradient of the land covered by the material is more than one in 12;

      (b)    Mainly in solution or suspension where–

      (i)   Any point is more than four metres above the level of any part of the adjacent land and is less than 50 metres from the perimeter of the dump; or

      (ii)   The volume is more than ten thousand cubic metres; and

“water course” includes any river, stream, ditch, drain, sewer, culvert, cut, dyke, sluice and passage through which water, whether processed or not processed, flows.

11.   Procedure to be followed before dumping

   (1) A developer shall apply and give 30 days notice to the Director, before commencing any dumping operations–

      (a)   specifying the material to be dumped;

      (b)   giving a description of the site; and

      (c)   stating whether the dump shall be a classified dump or not.

   (2) A developer shall submit a report containing information set out in the Fourth Schedule to the Director, which shall be prepared by a competent person and shall state the safety precautions and the other measures to be taken to protect the environment surrounding the dumping area, before dumping any material on that site.

   (3) Where the Director approves the application referred to in subsection (1) the developer shall, not less than 30 days before he commences any dumping operations, submit to the Director a plan delineating the area where the dump will be situated, showing–

      (a)   1000 metres from the boundary of the adjacent land at a scale of not less than 1/5,000, contoured to, oriented to, and co-related to, the mine surface plan;

      (b)   all the mining workings, whether abandoned or not, of any previous land movement, spring, well, watercourse of any other natural, geological or typographical feature which may affect the security or safety or the dump or which may be relevant to determine whether the land is suitable for dumping operations; and

      (c)   any surface installations.

   (4) If the Director considers that the report referred to in sub-regulation (1) is not complete, he may direct the developer–

      (a)   conduct any additional survey tests, borehole of groundwater measurements; or

      (b)   meet any other conditions as he may think necessary and may request that a supplementary report be made by the person who prepared the previous report or from a competent person.

   (5) If the Director does not approve the dumping application, he shall give reasons for such refusal within 30 days of receipt of such application.

   (6) A developer who is aggrieved by a decision of the Director under this regulation may appeal to the Minister.

12.   Rules for dumping operations

   (1) A developer shall make rules relating to any dumping operations carried out on an active classified dump specifying–

      (a)   the manner in which the dumping operations are to be carried out;

      (b)   the precautions to be taken to avoid polluting the environment;

      (c)   the safety precautions to be taken relating to the dump; and

      (d)   how pollution to the environment shall be monitored.

   (2) A developer referred to in sub-regulation (1) shall appoint a competent person to inspect every classified dump and its surroundings, every week, to ensure that–

      (a)   the drainage and the ground between the dump and the inter-section of vertical planes drawn from the boundaries of any mine workings is less than five hundred metres from the nearest edge of that dump;

      (b)   the dumping rules are being complied with; and

      (c)   the measures to control pollution are being complied with.

   (3) The competent person referred to in sub-regulation (1) shall make a report which shall be open for inspection by an inspector stating–

      (a)   any defect found in any records kept for that purpose at the mine;

      (b)   the progress made in implementing the provisions of the environmental impact assessment; and

      (c)   any pollution to the environment not initially detected or predicted.

   (4) The competent person referred to in sub-regulation (1), shall bring to the immediate attention of the developer, any pollution to the environment not initially detected or predicted, to the developer’s attention and remedial action.

13.   Procedure for dumping on decommissioned dump

   (1) A developer shall apply in writing to the Director to resume dumping on a decommissioned dump, not less than 30 days before commencing any dumping operation stating–

      (a)   the description of the site on which the dumping will be made; and

      (b)   the material to be dumped.

   (2) The Director shall–

      (a)   determine whether the dump shall be a classified dump or not; or

      (b)   notify the developer referred to in sub-regulation (1) that the dump shall be a classified dump, if that dump may have an impact on the environment.

   (3) Where the Director approves the application for dumping on a decommissioned dump such developer shall follow the procedure referred to in regulation 11, and shall, before dumping any material on that decommissioned dump, give 30 days notice to the Director.

   (4) Where dumping is to be resumed on a previously decommissioned classified dump, new rules should be made and the provisions of regulation 12 shall apply.

   (5) A developer shall make a report to the Director if–

      (a)   such developer makes any change or variation to the specifications of the dumping site, which the originally submitted to the Director, that may affect the safety of that dumping site;

      (b)   such developer makes any change or variation to the mining operations which may have an adverse impact on the environment; or

      (c)   the mining operations advances within a horizontal distance of five hundred metres from the boundary of the dump.

14.   Prohibition of dumping over mine

A developer shall not dump any material which is wholly or partially in solution or suspension or any solid material which may turn into a solution or suspension, over an area vertically above any mine workings, whether abandoned or not, or is within a horizontal distance of one hundred metres from where the line of break from the mine workings intersects the surface.

15.   Drainage of dump

   (1) A developer shall ensure that a dump is properly drained and shall not carry out any dumping operations that may cause accumulation of water in, under or near a dump, making the dump insecure or dangerous.

   (2) The drainage from any dumping operation shall not enter any mine opening or subsiding ground over any mine workings, whether abandoned or not.

   (3) The developer referred to in sub-regulation (1) shall ensure that–

      (a)   the drainage system of a dump is maintained and is in proper and safe working condition;

      (b)   regular inspections of the dump are made;

      (c)   the dump is kept secure and safe;

      (d)   measures to control pollution are being effected; and

      (e)   the dumping operations are being carried out in accordance with this Part.

   (4) A developer shall keep a record of any maintenance or action taken to remedy any defect in the drainage system.

16.   Supervision of drainage system by competent person

   (1) A developer shall appoint a competent person to supervise any person charged with dumping any material in a classified dump to ensure that–

      (a)   the design and the management of the dump; and

      (b)   the rehabilitation and decommissioning of every dump is done in accordance with these Regulations.

   (2) A competent person appointed under sub-regulation (1), shall make a report–

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