By: Nghiinomenwa-vali Hangala
Draft regulations on sand and gravel mining currently under consultation around the country have revealed that the government will require miners to undertake environmental assessments (scoping) and develop an Environmental Management Plan (EMP) before a permit is issued.
The draft regulations will also require the environmental assessment to be undertaken by a qualified environmental assessment practitioner, along with stakeholders’ consultations.
Moreover, the miners must present a closure and rehabilitation plan, plus a benefit-sharing plan with the community.
The Ministry of Environment, Forestry and Tourism, which is the custodian of the Environmental Management Act, has revealed that illegal sand mining has worsened around the country, especially in communal areas, for various factors.
Bribery and limited capacity within traditional authorities to manage operations served as some of the main factors.
Therefore, the regulations will enforce strict measures and procedures to be followed when it comes to sand and gravel mining.
“The regulations will also ensure that culprits are punished accordingly,” the Ministry noted.
According to the draft regulations, sand mining for domestic use, which is less than or equal to 5m³, will require no permit. However, more than 5m³ will require a special approval from the traditional authority or state land custodian.
As for commercial sand extraction, a permit and an Environmental Clearance Certificate (ECC) will be required for communal, state, and private land alike.
The regulations also include various penalties for those who fail to comply, such as spot fines, confiscation of equipment, criminal cases, jail terms, and rehabilitation at the culprit’s costs.
To avoid damage to the environment and open pits, the regulations will require that miners restore and rehabilitate their sites as per the conditions of their ECC in accordance with the Environmental Management Act.
The Environmental Commissioner may order rehabilitation at the ECC and permit holder’s cost.
Holders would also be required to fence off and control their mining sites, and avoid being within 100-200m of houses, schools, or businesses, as the draft regulations state. Moreover, no cutting down of protected trees will be permitted throughout the fencing process.
The regulation will not only regulate the mining activities, but also the transportation of the sand.
Permit holders will be required to ensure that all vehicles transporting sand and gravel are in possession of an ECC or sand/gravel mining permits at all times. With that, these sand and gravel-carrying vehicles have to ensure to that there is no spillage on the roads they use.
Environmental officers, the police, and roads inspectors will be authorised to fine, confiscate, and open criminal cases against non-compliant parties.
The regulations have also revealed that certificates or permits may be suspended or cancelled due to violations of said permit conditions, environmental damage, and public or community interest.
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