Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

(a)        National Environmental Management Act, 1998 and SEMA's

(b)        Mine Health and Safety Act, 1998

(c)        Water use licenses and National Water Act, 1998

Most ASM operations are not in position to comply with the environmental, water use and health and safety requirements. This is due to the informal nature of the industry, lack of capacity, knowledge, skills, the cost of services offered by Environmental Assessment Practitioners to implement these legislative requirements. These ASM operations do not conform to the requirement to rehabilitate the land and there  is non-compliance with the  mine closure requirements.

The introduction of the one environmental management system to streamline the licensing requirements in respect of water use, environmental management and mining activities has not had positive effect on ASM mining industry. The system has instead increased the costs of doing business for Artisanal and Small-Scale Miners. The licensing requirements including water, environmental management and financial cost by Environmental Assessment Practitioners  requirements in terms of applicable laws present a barrier for many people who want to enter into the mining industry.

By way of example, the application fees for  environmental authorisation applications are as follows:

It is noted that these are only application fees and not the actual costs of undertaking the EIA processes or obtaining environmental authorisation. Processes which require the appointment of an environmental assessment practitioner (EAP), assessment, consultation and often appointment of specialists to undertake specialist assessments.

The occupational health and safety requirements for a mining permit are almost as stringent as those for a mining right. The Mine Health and Safety Council (MHSC) has developed guidelines intended to cater for ASM specific considerations. However, the ASM industry still considers these requirements as prohibitive to the sector.

In respect of water use licenses, the responsible department has developed best practice guidelines that are designed to benefit artisanal and small-scale mining based on the level of impact of the operation. The Water Department follows an impact-based approach and classifies operations as:

Artisanal and Small-Scale Miners may fall under the category of low impact operations, but this depends on the nature of the mineral mined, size and scale of operations.

Government acknowledges the necessity for the ASM industry to operate in an orderly and sustainable manner and comply with the environmental, water use and health and safety prescripts. In this regard the ASM policy and legislative framework must be aligned and cross referenced to the principal legislation governing environment, water use and health and safety.

Government policy  proposal: