LEGAL & FINANCE
Environmental legislation and compliance in surface mining Nico Pienaar, director, ASPASA, speaks to Dineo Phoshoko about environmental legislation and compliance in surface mining. ASPASA is a surface mining industry association, representing small surface mines in Southern Africa.
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he process of mining entails the removal of minerals from the earth that are later processed for further use. By its nature, mining has environmental consequences and as such, it is important that there is a clear understanding of environmental legislation requirements.
Audits and compliance Pienaar has been in the industry for more than 20 years and has been involved in many environmental audits with members. “ASPASA has been doing environmental audits for more than 30 years. The whole issue of environmental affairs is a complicated one,” he says. There are different factors to consider in terms of environmental affairs at surface mine operations. They include water, dust, waste management and rehabilitation, among others. Each of these factors is governed by different legislation.
To understand the differing legislation fully requires consultation with environmental specialists in the relevant fields. Due to such complexities, the individuals responsible for environmental affairs at surface mines are not always familiar with the requirements. “You battle to find somebody who knows everything,” says Pienaar. This may result in important details being overlooked. “We found out that, for example, water use licences were a problem. It wasn’t clear who needed a licence and who didn’t,” he says. Another issue that adds to the complexities of environmental legislation and compliance are contradicting auditors when it comes to the information they provide regarding compliance requirements. “We believe that our members have very high standards because we audit them. Our problem is that there are operations that are not being audited properly.”
Compliance challenges According to Pienaar, one of the biggest challenges facing surface mines concerning environmental compliance is that quarry managers are often burdened with multiple
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