4.4 Mining waste

4.4(1)
General, hazardous and industrial wastes from the mining industry fall within the scope of the Waste Act, and therefore are addressed by the NWMS. Section 4(1)(b) of the Waste Act specifically excludes residue deposits and stockpiles from the scope of the Act, in as much as these are regulated in terms of the Mineral and Petroleum Resources Development Act, 2002, (MPRDA) – which falls under the aegis of the Minister of Mineral and Energy Affairs.

4.4(2)
Residue stockpiles are defined in the MPRDA as:

“any debris, discard, tailings, slimes, screening, slurry, waste rock, foundry sand, beneficiation plant waste, ash or any other product derived from or incidental to a mining operation and which is stockpiled, stored or accumulated for potential re-use, or which is disposed of, by the holder of a mining right, mining permit or production right;”

4.4(3)
A residue deposit is any residue stockpile that remains at the termination of a mining or prospecting activity.

4.4(4)
The MPRDA requires prospecting and mining operations to be conducted in accordance with the environmental principles set out in section 2 of NEMA, 1998 and provides further definition to this by establishing:

• Liability for environmental damage and the responsibility to rehabilitate the environment is assigned to permit holders, and the need for applicants for permits to make financial provision for environmental liability.
• Permit holders are required to receive environmental authorisation in terms of NEMA, which includes the requirement to submit an Environmental Management Programme that contains a waste management plan, and to comply with any prescribed waste standards.

4.4(5)
The 2008 Amendment to NEMA further defines the requirements for an Environmental Management Programme (EMPR). It further empowers the Minister of Mineral Resources to perform environmental functions in terms of NEMA that relate to mining activities (including prospecting, exploration and production). In respect to these activities, the Minister of Mineral Resources is empowered to:

• Stipulate mining activities that require EIAs and EMPRs.
• Evaluate EIAs and EMPRs.
• Issue Environmental Authorisations.

4.4(6)
These parts of the amendment are scheduled to come into force 18 months after the proclamation of the NEMA amendment. Before they come into affect DEA will consult with DMR to determine whether the necessary capacity and administrative arrangements exist on the part of the DMR to fulfil the environmental functions that will be transferred.

4.4(7)
In relation to mining waste, the strategic focus in terms of the waste hierarchy is on ensuring the treatment and safe disposal of mining waste. However, opportunities for reuse of mining waste need to be fully exploited.

4.4(8)
It is in the interests of industry and good governance that norms and standards that apply to acceptable uses are developed for the storage, transport, disposal, reuse, treatment and processing of residue stockpiles and deposits. In relation to ash, for instance, it is necessary for standards for toxicity to be developed to ensure that potential re-use in brick-making or as cement extender does not pose a risk to health.

4.4(9)
“Residue stockpiles” constitute a heterogeneous category of actual or potential waste substances. DEA will engage with DMR to determine if a memorandum of understanding is possible to classify residue stockpiles with the framework of the WCMS.

4.4(10)
Appropriate waste management options for mining waste which falls outside of the Waste Act should be identified in an IndWMP for the mining sector. The central purpose of the plan will be to establish waste management guidelines and targets for the mining sector with which EMPRs must be aligned. In terms of the framework for IndWMPs described in Section 3.4 of this strategy, the waste management plan in an EMPR corresponds to a site-level IndWMP.

4.4(11)
Institutional responsibility for the drafting of the mining sector plan will lie with the Chamber of Mines, who will be required to undertake a public consultation process in drawing up the plan. In approving or amending the Mining Sector IndWMP, the Minister for Environment Affairs will consult with the Minister of Mineral Resources.