MINES AND MINERALS DEVELOPMENT ACT, 2008: SUBSIDIARY LEGISLATION-I

"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

(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;

(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;

(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;

(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

(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 sub-section (2), the records referred to in that sub-section 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

(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 sub-section (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

(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;

(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

(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

(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

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;

(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-

(a) of every defect revealed during any inspection of the dump and any action taken to remedy such defect;

(b) on the condition of the drainage of the dump; and

(c) on any pollution to the environment that is revealed during inspection and the action to be taken to control such pollution.

17. Reports by independent person regarding classified dump

(1) Notwithstanding sub-regulation (2), a developer shall obtain a report from an independent competent person on-

(a) each active classified dump;

(b) the condition of the ground between a dump and all surface intersections of vertical planes drawn from the boundaries of any mine workings less than one hundred metres from the nearest edge of the dump;

(d) any significant impact on the environment not originally predicted; and

(e) the progress made in implementing the environmental impact statement.

(2) The report shall contain information stating-

(a) whether or not the dump is safe;

(b) whether there has been any change in the design of the dump or in the nature of the material deposited;

(c) in detail, whether there may occur or there is likely to occur any subsidence or other surface movement which may affect the safety of the dump or any mine workings, whether abandoned or not;

(d) any surveys, tests, boreholes or groundwater measurements made for purposes of the report and the results;

(e) the precautions to be taken during any dumping operations to avoid pollution of the environment and prevent a nuisance; and

(f) any recommendation to modify the environmental impact statement.

(3) The report referred to in sub-regulation (1) shall be obtained-

(a) at intervals of two years;

(b) as soon as practicable after a dangerous occurrence relating to a dump, ground or mine working happens;

(d) after any alteration is made to any specifications or design of a dump; or

(e) if there is any change in the nature of the material dumped which may affect the safety of the dump or the environment.

(4) A copy of the report referred to in sub-regulation (1) shall be kept at the office of a mine for inspection by an inspector and another copy sent to the Director.

(5) If the area was not previously used as a dumping site, the first report shall be made not more than two years after the date on which dumping operations commence.

18. Reports on active classified dumps

(1) A developer shall, for every active classified dump, keep-

(a) any record relating to such classified dump obtained under regulation 16;

(b) a record of any written directions given by an inspector;

(c) accurate plans and sections of all the dumps and the dumping area showing clearly and accurately the state of the dump, 15 months from the date any dumping commences or after such period as the Director may direct in writing;

(d) accurate plans of adjacent land within 1000 metres from the boundary of the dump and the sections showing any surface installation, mine workings whether abandoned or not and any geological or other feature that may affect the safety of the dump;

(e) any record completed at the end of each month relating to the nature, quantity and location of the material deposited in such classified dump; and

(f) a copy of the environmental impact statement.

19. Reporting of unusual or abnormal matter

An inspector, competent person or a person in charge of a mine shall inform a developer of any abnormal or unusual matter recorded in any report relating to any dump and the developer shall in turn inform the Director.

20. Closure of dumping site

(1) Within 30 days of ceasing any dumping operations, and after completing the procedure set out in these Regulations a developer shall, apply to the Director for a classified dump to be closed.

(2) An application referred to in sub-regulation (1) shall be accompanied by-

(a) an audit report on the impact of the dump on the environment prepared by an independent competent person;

(b) a copy of the environmental impact statement;

(d) a report on the progress on rehabilitating the dump indicating the environmental status of the dump and the surrounding areas and the amount of work still outstanding to rehabilitate the dump.

(3) The Director shall within four weeks of receiving the application referred to in sub-regulation (1), inform the developer, in writing, whether he accepts or rejects the application.

(4) Where the Director rejects the application he shall inform the developer, in writing, to make any alterations to the environmental impact statement, as he may think necessary.

(5) The report referred to in paragraph (d) of sub-regulation (2), shall be submitted every 12 months throughout the period the dump is being rehabilitated and decommissioned.

(6) The Director shall close a dump when all the conditions have been met by the developer.

21. Inspection of decommissioned classified dump

(1) A developer shall appoint a competent person to inspect-

(a) every decommissioned dump and the surrounding land situated 1000 metres from the boundary of the dump; and

(b) where the environmental impact statement is being complied with.

(2) Where the dump consists of material mainly in solution or suspension form, the inspection shall be at intervals not exceeding six months.

(3) Where the dump consists of material in a solid state, the inspections shall be at intervals not exceeding 12 months.

(4) A competent person referred to in sub-regulation (1), shall make and sign a full and accurate report of every defect or pollution to the environment, which he discovers.

(5) The report referred to in sub-regulation (4) shall be kept at the office of the mine for a period of five years and shall be open for inspection by the public during normal working hours.

22. Report on decommissioned classified dump

(1) A developer shall submit to the Director-

(a) a report prepared by an independent competent person relating to the safety and environmental status of decommissioned dump not yet closed, at intervals not exceeding-

(i) five years for a dump consisting of material wholly or mainly in solution or suspension form;

(ii) ten years for a dump of material mainly in a solid state;

(b) a special supplementary report as soon as is practicable, if any pollution to the environment relating to a decommissioned dump not yet closed occurs; and

(c) a report within seven days, when the mine workings reach a horizontal distance of five hundred metres from the boundary of a decommissioned classified dump and the effect of such mine workings on the safety of the dump.

(2) The report referred to in sub-regulation (1) shall contain-

(a) the provisions set out in the Fifth Schedule;

(b) information on the safety of the dump;

(c) details of any subsidence or any other ground movement that may affect the safety of the dump indicating any danger to the mine workings;

(d) details of the progress of any rehabilitation work undertaken in accordance with the approved environmental impact statement; and

(e) information on the nature and extent of the inspection and supervision and the measures that should be taken to prevent or control pollution or abate nuisance.

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

(1) A developer shall keep a record at the mine of any plans and sections of a decommissioned classified dump including-

(a) any particulars of any dumping, building, mining operations or engineering operations which may affect the safety of the dump or any survey or tests;

(b) any accurate plans and sections of every dump and the land adjacent to it, showing the extent of the dump from the date dumping operations ceased and decommissioning began;

(d) any accurate plans of the land adjacent to the dump, which is within 1000 metres from the boundary of the dump;

(e) any accurate sections of the strata underlying the dump, showing any variation in the thickness or character of the strata, which may affect the safety of the dump;

( f) a report, updated annually, on the progress of rehabilitating the dump and the surrounding area;

(g) any report relating to the dump as provided for under these Regulations; and

(h) any instructions given by an inspector relating to the dump.

(2) Any book, plan or other record referred to in sub-regulation (1) shall be open for inspection by an inspector.

24. Submission of reports for closed dump

(1) A developer shall submit to the Director-

(a) all reports required under regulation 23;

(b) a report on the progress of rehabilitating the dump and the surrounding area; and

PART IV
AIR QUALITY AND EMISSION STANDARDS

25. Air quality and emission standards

(1) Except as provided for in the Sixth Schedule, a developer shall comply with the ambient air quality and emission standards established under the Air Pollution (Licensing and Emission Standards) Regulations, 1996, when discharging any toxic substance or harmful dust into the atmosphere.

(2) The Director shall provide air quality limits to a developer where specific air quality limits or guidelines are not provided for under the Air Pollution (Licensing and Emission Standards) Regulations, 1996, or under the Sixth Schedule.

26. Application of Legislation on Occupational Health and Safety

The provisions of the legislation on Occupational Health and Safety shall apply to any person employed by a developer who is at risk of contracting any occupational disease as a result of any emission or pollutants, which may result from any mining operations.

27. Water for dust suppression

A developer shall provide adequate supply of water to suppress dust or fumes generated by a mining operation where effective dust or fume extraction facilities are not available.

28. Developer to provide adequate ventilation

(1) A developer shall provide ventilation which is adequate and effective-

(a) as provided in the Sixth Schedule and in the Air Pollution Control (Licensing and Emission) Regulation, 1996;

(b) in any surface plant, building or any part of a mine in which any person travels to and from work or works;

(d) where any toxic substance evolves or may be evolved.

29. Removal of toxic substance or dust

(1) Any toxic substance or harmful dust collected and not discharged into the atmosphere, as provided for in regulation 26, shall be abated at source or as near to the source as is practicable.

(2) A toxic substance shall not be released from any surface plant or building in which any dust referred to in sub-regulation (1) is handled, processed, stored or evolved.

(3) Where the concentration of toxic substances determined under sub-regulation (1), are suspected to be harmful to any person or the environment, the frequency of determining the air quality shall be increased and steps taken to reduce the toxicity to acceptable levels as provided under the Environmental Protection and Pollution Control Act.

(4) In determining the air quality under sub-regulation (1) the Director shall specify-

(a) the concentration of gases specified in the Sixth Schedule;

(b) the dust concentrations; and

(5) The Director shall keep a record of the results of the air quality determined under sub-regulation (1), which records shall be signed by the ventilation engineer and the senior mine official of the plant, building or process concerned.

(6) A quarterly report of the results obtained in accordance with sub-regulation (1), shall be submitted to the Director in such form as the Director may determine.

30. Determination of air quality in surface plants

(1) The Director shall assess the air quality of a scheduled mine or any mine to determine the air quality of a surface plant at intervals not exceeding 31 days.

(2) In making the assessment under sub-regulation (1) the Director shall consider-

(a) dust concentrations;

(b) concentrations of the gases specified in the Second Schedule of the regulations; and

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