Polity: Mining Law
Tag: Warburton Attorneys
Source: Interview
Bruce Montiea
Features Reporter
Deadline: 20 August
DOP: 5 September
Word count: 475
Headline: Amendment to environmental legislation will require mining
companies to assess their current management of environmental incidents
Body
Section 30 of the National Environmental Management Act (NEMA) relates to
the control of environmental incidents. An environmental incident is an
unexpected, sudden and uncontrolled release of a hazardous substance,
including from a major emission, fire or explosion, that causes, has caused or
may cause significant harm to the environment, human life or property.
A duty is placed on the responsible person to report an environmental
incident to the competent authorities and public as well as to take
reasonable steps to prevent, contain or mitigate the effects of the incident
on the environment.
A recent amendment to section 30 of NEMA, by the insertion of section 30A
will further require mining companies to determine whether a mining
environmental
incident may be classified as a disaster, which will
subsequently enable them to assess the potential severity of the impact on
the environment and what appropriate steps need to be taken in order to
prevent or contain environmental damage
Section 30A, which will only come into effect on 18 December 2014,
introduces the concept of an emergency situation, which is important, as it
provides the competent authority with the discretion to dispense with the
requirement for obtaining an environmental authorisation where a listed
activity may be triggered for purposes of preventing or containing an
emergency situation or to prevent, contain or mitigate the effects of an
emergency situation on the environment, says candidate attorney at
sustainability law firm Warburton Attorneys Jacqueline Campbell.
An environmental emergency situation is a situation that has arisen suddenly,
which poses an imminent and serious threat to the environment, human life or
property, including disaster, as defined in Section 1 of the Disaster
Management Act, but does not include an incident referred to in section 30
of NEMA.
Campbell says these new developments make it necessary for a mining
operation to distinguish between an environmental incident and an
environmental emergency situation.
“The definition of what constitutes a disaster in terms of the Disaster
Management Act is therefore important,” says Campbell.
A disaster is a progressive or sudden, widespread or localised, natural or
human-caused occurrence, which causes or threatens to cause death, injury
or disease; damage to property, infrastructure or the environment; or
disruption of the life of a community; and is of a magnitude that exceeds the
ability of those affected by the disaster to cope with its effects using only their
own resources.
Section 30A might also require a mine to amend its emergency preparedness
plan and emergency procedures to include disaster management and
facilitate the training of its employees so that they can identify instances that
might result in a disaster situation, she says.
Campbell says the introduction of Section 30A is an important development,
as mining activities cause concern in terms of their potential adverse impact
on the environment, as well as on the health and safety of employees and
surrounding communities.
“Potential environmental hazards and risks associated with mining operations
include, but are not limited to, land contamination from waste dumps,
contamination of ground and surface water systems, the release of
hazardous materials, as well as the stability, or lack thereof, of dams with a
safety risk”, she explains.
The effective management of environmental incidents and environmental
emergency situations must be carried out by a mining operation to prevent
or minimise the effects of a potential incident or emergency situation on the
environment and to enable the mining operation to take appropriate action.
”Section 30A will go a long way towards making this possible,” says
Campbell.
Ends
Caption: Jacqueline Campbell
Mining companies must be able to assess the impact of their activities on the
environment to determine whether it is of a significant magnitude to warrant
the involvement of other parties, such as the state, in order to cope with the
effects of the situation.
Source: Jacqueline Campbell
Warburton Attorneys
Tel: +27 11 447 6848/49
Fax: +27 11 447 6868
Cell: +27 74 113 5736
Website: www.warburtons.co.za
Email: jackie@warburtons.co.za