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.

The 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

LEGAL & FINANCE

responsibilities and limited resources. As such, they are unable to give enough attention to environmentrelated issues. Environmental legislation for surface mines is a highly specialised field and, in some cases, environmental officers are not equipped to deal with such issues adequately.

Pienaar mentions another major challenge: no central source of information relating to environmental legislation and compliance exists. He attributes this to the fact that different environmental issues fall under different departments in South Africa. For example, the Department of Water and Sanitation deals with water-related issues, while the Department of Environment, Forestry and Fisheries (DEFF) deals with different environmental issues such as rehabilitation and waste. This makes it difficult for environmental officers at operations to enforce environmental legislation. “There are a lot of things we see happening that are not being addressed,” Pienaar adds. He suggests that a book covering all aspects of environmental legislation should be published to assist mines with being compliant.

The repercussions of non-compliance are often greater for small surface miners from a resource and understanding point of view. Pienaar adds that unlike bigger miners, which are often located in remote locations and fenced off from the public, smaller surface mines are exposed and vulnerable to authorities, communities and the public – making them easily accessible.

The right regulator

Pienaar feels that the DEFF needs to be more vocal when it comes to ensuring environmental compliance in the mining industry. Currently, because the Department of Mineral Resources and Energy (DMRE) issues mining licences, it is responsible for regulating most of the environmental matters at the mines. This puts mines in a predicament where they must deal with two different departments when it comes to environmental matters. “It’s a major problem that the regulator is not clear,” Pienaar says. Over the years, there have been discussions about making the DEFF responsible for environmental legislation and compliance at the mines; however, nothing has come from these discussions yet, Pienaar states. He adds that environmental departments are usually responsible for regulating environmental-related issues in the mining industry in most countries. Although there is room for improvement, Pienaar is seeing progress as the DEFF is increasingly becoming more active in enforcing compliance in the mining industry.

Best practice for environmental compliance

ASPASA has developed an audit protocol document that covers the entire spectrum of environmental compliance at surface mines – starting with the company policy for environmental matters. Pienaar says the document helps members by referring them to relevant environmental specialists in cases where their operations are not compliant.

In 2021, ASPASA will be working on a totally new way of doing environmental work. Pienaar is adamant that checklists and trying to familiarise mine operators with legalese is not sustainable. Instead, guidance and assistance are more beneficial for surface mine operators.

Looking ahead, Pienaar says that, despite the problems identified with environmental legislation and compliance, the industry is working hard to simplify matters. He is encouraged by the progress that has been made and looks forward to ASPASA actively assisting the industry in progressing when it comes to environmental legislation and compliance.

Nico Pienaar is encouraged by the progress made by the industry to address environmental legislation and compliance in mining