27 September 2011

� News after non-compliance:

� Company A lost R180 million in one day

� Company B was liquidated, because its liabilities exceeded its assets

� Company C lost the backing of its investors and had to

Cost of compliance

� Company C lost the backing of its investors and had to repay their loan.

� Company D had a visit from the green scorpions – 17 people

� Company E was fined R 3 million for the wrong name on an authorisation

Water Footprint of

Consumption

�The water footprint of a product = total volume of fresh water used to produce the productof fresh water used to produce the product

� 2,900 litres per cotton shirt

� 15,500 litres per kilogram of beef

� 1,500 litres per kilogram of cane sugar

Source: IWMI-International Water Management Institute

� The current South African legal framework with regards to water management for mine residue deposits

� Issues regarding the EMP

� NEMA and the EIA process

NEMBA

The Legal landscape

� NEMBA

� NEM:AQA

� NEM:WMA

� National Environmental Management Biodiversity Act

� National Environmental Management: Air Quality Act

� National Environmental Management: Waste Management Act

APPAECA

NRTA NWA

OHSA

ProATIA

EA

MPRDA

NWSA

Agriculture

Legislative

Process

Green Paper

• Input by civil society

White Paper

• Comments by interested parties

Gazetted as draft bill

- Comments ; - Checked by state law advisors

- Approve with / without amendment

Allocated an Act number

Published in Government Gazette as an Act

Environmental Authorisations

Prior NEMA� ECA 1989 - EIA authorisation (S21); Waste (S20)

� Water Act 1956 – (Sewage; abstraction; water schemes)

� APPA 1956 - 72 Scheduled Processes – listed in � APPA 1956 - 72 Scheduled Processes – listed in Schedule II

� Minerals Act 1991 – Mining license; EMPR

� Previous legislation limitation = End of pipe solutions

Project Stages

Planning and Design Construction Operation Decommissioning

EIA EMP EMS (with EMP)

AQL EMP EMS (with EMP)

NEMA:

NEMAQA:

EMP Amendment EMS (with EMP) MPRDA:

IWUL IWWMP EMS (with EMP) NWA:

WML EMP EMS (with EMP) NEMWA:

HIA EMP EMS (with EMP) NHRA:

Registration EMS (with EMP) FFFARSRA:

*DMR Closure

*DWA Closure

EIA

EIA

Listed activities

a)1-56; 2-26; 3-26

b) 6

c) 10 water uses

d) 56

e) A – 20; B – 11

f) 16

EIA Review EMP monitoring

Implement EMS (with EMP) monitoring

Review EMS (with EMP) monitoring

* Department approved Source: Developed by C Baartjes

Organisation EMS

EMS Framework EMS Implementation (and

potential ISO 14000 certification)

CoR ACR NNR Audits NNRA: *NNR Closure g) 4

NEMA S28Every person

who

PAST PRESENT FUTURE

MUST

causeshas caused may cause

degradation or

significant pollution

take reasonable measuresto prevent

causeshas caused may cause

continuingrecurring occurring

or if authorised by law to minimise

and rectify

ISO 14001:

5 Things:� Policy

� My aspects and impacts

� My Management Program (Objectives and Targets)� My Management Program (Objectives and Targets)

� Incident Reporting

� Emergency Preparedness

POLICY

SCOPE

PRIORITISE

HIGH

LIMP WASTE

ID ASPECTS IMPACTS

RESOURCE CONSERVATION

HIGH

EMS

O+T R+R Train Op Con Mon JAIL

The Objectives

� Objective Water Legislation:

� providing for growing demand for water use;

� reducing and preventing pollution and degradation of water resourcesdegradation of water resources

� establish a national water resource strategy

� Objective Waste Legislation

� Reduce waste disposal to land

National Water Act 36 of 1998 (NWA)

� Water resource cannot be privately owned, Section 3

� Prevent Water Pollution, Section 19

� Take necessary measure to ensure water pollution prevention prevention

� Require a water use license if you are impacting on a water resource

NWA� Environmental emergency affecting water resource,

Section 20 & 21

� A environmental incident that can or have affected a water resource must be reported

� Know what must be reported

� Not allowed to waste water, Section 22

� Water wastage must be prevented

� Train all employees importance of saving water

� "activity", means-

� a) any mining related process on the mine including the operation of washing plants, mineral processing facilities, mineral refineries and extraction plants, and

� b) the operation and the use of mineral loading and off-loading zones, transport facilities and mineral storage yards,

Regulation 704 – 4 June 1999

loading zones, transport facilities and mineral storage yards, whether situated at the mine or not,

� (i) in which any substance is stockpiled, stored, accumulated or transported for use in such process; or

� (ii) out of which process any residue is derived, stored, stockpiled, accumulated, dumped, disposed of or transported;

� Information and notification – 14 days

� Exemption from requirements of regulations

� Restrictions on locality – 100m from water course / source

� Restrictions on use of material – pollute water course

In short

Restrictions on use of material – pollute water course

� Clean and dirty water systems

� Protection of water resources

� Security (safety) and additional measures

� Technical investigation and monitoring

Water Services Act, 108 of 1997� Right of access to basic water supply and sanitation,

section 3

� Industrial use of water, section 7

� Cannot obtain water for industrial use, without approval of water services authority of water services authority

� Disposal industrial effluent must be approved

Release Dirty Water� National Building Regulations and building Standards

Act, 103 of 1977

� The discharge of sewage, wastewater, industrial effluent and other liquid, directly or indirectly into a storm-water drain, river, stream or other watercourse, storm-water drain, river, stream or other watercourse, whether natural or artificial is prohibited

� NWA: Section 21 water uses (for mining):

� 21(a): Taking water from a water resource;

� 21(c): Impeding or diverting the flow of water in a watercourse;

� 21(f): Discharging waste or water containing waste into a water resource through a pipe, canal, sewer or other conduit

Water Use License

resource through a pipe, canal, sewer or other conduit

� 21(g): Disposing of waste in a manner which may detrimentally impact on a water resource;

� 21(i): Altering the bed, banks, course or characteristics of a watercourse

� 21(j): Removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people;

� In terms of section 23(1) of the MPRDA, the Minister grant a mining right if-

� the mining will not result in unacceptable pollution, ecological degradation or damage to the environment, the applicant is not in contravention of any other

EMP

the applicant is not in contravention of any other relevant provision of the Act,

� EMP requires an understanding of three elements, namely

� (1) the baseline environment,

� (2) the proposed mining operation, and

� (3) the identification of potential impacts that the said

EMP

� (3) the identification of potential impacts that the said actions, activities or processes will have on the environment

NEMA & EIA Process PROPONENT

- PROVIDE

INFORMATION

EAP

- COMPLETE APPLICATION

AND SUBMIT

• - NOTIFY PUBLIC

PUBLIC

- REGISTER AS I& AP

AUTHORITY

REVIEW APPLICATION

& NOTIFY EAP OF

REFERENCE NUMBER

APPLICATION

AND

NOTIFICATION

PROPONENT

- PROVIDE

INFORMATION

- REVIEW DRAFT

SCOPING REPORT

EAP

- ID POTENTIAL

ISSUES, IMPACTS & ALTERNATIVES

- REQUEST

COMMENTS

PUBLIC

- REVIEW DRAFT

AUTHORITY

- REVIEW FINAL

SCOPING

PHASE

REFERENCE NUMBER- REVIEW DRAFT

SCOPING REPORT & GIVE COMMENTS

- REVIEW FINAL

SCOPING REPORT

- ACCEPT, REJECT OR

AMEND PLAN OF

STUDY FOR EIAPROPONENT

- PROVIDE

INFORMATION & REVIEW DRAFT EIA REPORT

EAP - DETERMINE

SIGNIFICANCE OF

IMPACTS, DESCRIBE

ALTERNATIVES, DRAFT EMP

- REQUEST

COMMENTS

PUBLIC

- REVIEW DRAFT EIA REPORT & GIVE

COMMENTS

COMPETENT

AUTHORITY

REVIEW FINAL EIA REPORT & ACCEPT, REJECT OR AMEND

EIA PHASE

NEM: Waste Definition� ‘‘Waste’’ means any substance, whether or not that

substance can be reduced, re-used, recycled and recovered

� (a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;

� (b) which the generator has no further use of for the � (b) which the generator has no further use of for the purposes of production;

� (c) that must be treated or disposed of; or

What is waste?Is it

unwanted*

NOIt is not waste

*Surplus / unwanted /

rejected / discarded /

abandoned / disposed of

Can generator

use for purpose

YES

It is not wasteYES

use for purpose

of production

It is not waste

Must it be

treated /

disposed of

NO

NO

It is not waste

It is waste, BUTYES

NEM: Waste Definition (continue)� (d) that is identified as a waste by the

Minister, ‘‘by notice in the Gazette’’ and includes waste generated by the mining, medical or other sector,medical or other sector,

�but—

� (i) a by-product is not considered waste;

� (ii) any portion of waste, once re-used, recycled and recovered, ceases to be waste;

BY-PRODUCT

� means a substance that is produced as part of a process that is primarily intended to produce another substance or product and that has the characteristics of an equivalent virgin the characteristics of an equivalent virgin product or material;

Application of Act� Section 4 (1) Act does not apply to—

� (a) radioactive waste that is regulated by the Hazardous Substances Act (15 of 1973), the National Nuclear Act (46 of 1999);

� (b) residue deposits and residue stockpiles that � (b) residue deposits and residue stockpiles that are regulated under the MPRDA (28 of 2002);

� (c) the disposal of explosives that is regulated by the Explosives Act (15 of 2003)

� (d) the disposal of animal carcasses that is regulated by the Animal Health Act (7 of 2002)

� The direct, threats to biodiversity are

� habitat loss,

� overexploitation of species,

NEMBA: Competition for limited resources

� overexploitation of species,

� Pollution,

� the spread of invasive species or genes, and

� climate change.

NEMAQA RegulationsRegulation / Standard Number Date

National Ambient Air Quality Standards Government Notice No.1210

24 Dec 2009

List of activities which result in atmospheric emissions which result in atmospheric emissions

Government Notice No.248

31 March 2010

Declaration of Vaal Triangle Air-Shed Priority Area ito section 18

GovernmentGazette No.365

21 April 2006

DRAFT Declaration of the Highveld as priority area ito section 18

Government Notice No.270

5 May 2011

DRAFT Dust Control Regulations Government Notice No.309

27 May 2011

AIR QUALITYThe cumulative air quality impacts include fugitive dust emissions from mining, agricultural, vehicle activities on paved & unpaved roads, veldt fires, domestic fuel burning

GEOLOGYGEOLOGY

Mining

Removal of a TSFs from a geological substrate

removes the source term, thereby reducing

potential exposure risks

TSFs

TSFTSF Footprint

GROUNDWATERGROUNDWATER

The water quality might be affected

Typical dolomite profile

Draining water

Draining water

The water quality might be affected

TSF FootprintTSF

GROUNDWATERGROUNDWATER

Draining water

TSF

Draining water

Schematic soil profile

SURFACE WATERThe release to surface water will be reduced to the ecological requirements of the various streams, this might have an impact on downstream users

Water release to the

various streams will be

reduced

Legal requirements have

changed in order to

accommodate the zero reduced

accommodate the zero

effluent guidelines Water release will more

accurately reflect the

natural environment

EAP� Industry could be forced to make use of an

independent suitably qualified person (“consultant”) to apply on the client’s behalf.

� This independent person must have:

� Experience in the waste application process;

� be independent and

� all information must be supplied to the Department whether it is favourable to the client or not.

Charlaine Baartjes

0845155840

charlaine@ecopartners.co.za