Reclamation and Mine Clean Up

The Minister of Energy and Mineral Resources has issued Regulation No. 18 of 2008 with a view to reinforcing the regulatory framework with regards to reclamation and mine clean up of former mining concessions. Essentially, the Regulation will ensure that former mining sites will be restored to some semblance of what existed prior to the mining activities being commenced.

The basic principles that apply to the reclamation process are:

·                quality of surface, ground, and sea water and the surrounding lands;

·                stability and safety of any tailings and structures that remain in place;

·                bio-diversity;

·                utilization of the land post mining activities; and

·                social, cultural, and economic aspects of the surrounding communities.

Companies are obligated to compile a reclamation and mine clean up plan. This plan will be based on previous environmental impact statements and other environmental monitoring documents related to the mine site.

The plan is to be submitted to the relevant authority. The relevant authority will then make a decision within 30 days with respect to the suitability of the plan.

To ensure that reclamation takes place, companies are required to provide a reclamation guarantee in the form of a term deposit or a bank guarantee or insurance or an accounting reserve.

The sanctions contained in the Regulation are administrative and include written warnings, suspension of activities, and the cancellation of licenses and permits.

The Regulation has been in force since 29 May 2008.