C. 5. Making Safe And Combatting Pollution

Question 0

When shall a person be secured by a lifeline?

Answer 0

5. 8.1 At any mine or works no person shall work, or cause or permit any other person to work, in any position from which the falling or slipping of such person may result in injury unless such person is, where practicable, secured by a lifeline or otherwise suitably safeguarded.
6. 8.2 No person shall enter, or cause or permit any other person to enter any accumulation of water or mud other than an accumulation known to be insignificant unless such person is secured by a lifeline or otherwise suitably safeguarded.

Question 1

What shall be observed at coal mines?

Answer 1

5. 4 At coal mines, in addition to all other provisions contained in these regulations, the following shall be observed-
6. 4.1 Coal debris shall not be allowed to accumulate on any ground where there exist, or where there are likely to occur, surface fissures or cavities as a result of underground operations.
7. 4.2 No working of coal or any such like mineral beyond the necessary development drives may be carried on beneath any accumulation of unburned, burning or smouldering coal or other similar debris except as is provided for in the next succeeding regulation.
8. 4.3 The Principal Inspector of Mines may, on written application, permit the extraction of coal or other mineral beneath coal debris or any other similar debris heap, if he is satisfied that such may be done without danger to that or any adjacent property: Provided that any person who extracts such mineral shall be liable for any damage that may result from such extraction.
9. 4.4 Broken ground which has finally subsided may be filled up with earth and then used as a site for depositing coal and other debris, provided the consent of the Principal Inspector of Mines has first been obtained.

Question 2

When shall a person wear a hard hat?

Answer 2

5.8.3 No person shall work or be present at or near or cause or permit any other person to work or be present at or near any place where there may be danger of falling mineral or material unless he or such other person wears a hard hat in good condition and of a type approved by the Chief Inspector.

Question 3

What must happen with water containing poisonous or injurious matter?

Answer 3

5. 9.1 Water containing poisonous or injurious matter in suspension or solution must be effectually fenced off to prevent inadvertent access to it, and notice boards shall be put up in suitable places to warn persons from making use of such water.
6. 9.2 In no case may water containing any injurious matter in suspension or solution be permitted to escape without having been previously rendered innocuous.

Question 4

What is the definition of “bank”?

Answer 4

a) “bank”-
i. in the case of a stream or a river, means the ground bordering upon and within the high flood zone of the stream of river, or 100 metres from either side of the channel referred to in paragraph (d) of this regulation, whichever area is the wider; and
ii. in the case of a dam, pan or lake, means the ground bordering upon the high-water mark of the dam, pan or lake and all ground within 100 metres of such high-water mark in an outward direction;

Question 5

What is the definition of “oil”?

Answer 5

b) “oil” means any kind of mineral oil and includes spirit produced from oil and a mixture of such oil and water or any other substance which contains not less than one hundred parts of oil in a million parts of the mixture;

Question 6

What is the definition of “opencast mine”?

Answer 6

c) “opencast mine” means a mine including prospecting operations and any hole, trench or other excavation made in the course of prospecting operations, where a mineral deposit is or has been worked at or from the surface of the earth after removal of that overburden;

Question 7

What is the definition of “stream”

Answer 7

d) “stream” or “river” means a natural stream of water which flows in a defined channel, whether or not such channel is dry during any period of a year and whether or not its conformation has been changed by artificial means;

Question 8

What is the definition of “topsoil”?

Answer 8

e) “topsoil” means all cultivable soil material that can be removed mechanically to a depth of one metre without blasting.

Question 9

What must happen with topsoil at any opencast mine?

Answer 9

5.12.3 Unless exemption is granted in writing by the Director: Mineral Development all topsoil removed at any opencast mine for the purpose of exposing, working or searching a mineral deposit, shall be deposited at a specially selected site for replacement as topsoil during rehabilitation of the disturbed surface: Provided that where rehabilitation of the surface is carried out concurrently with prospecting , mining or operations incidental thereto, the topsoil may be replaced directly.

Question 10

Who issues a certificate to the effect that the provisions in as far as the rehabilitation of the surface have been complied with? And what must be done about the certificate?

Answer 10

5. 12.5 When the rehabilitation of the surface of a mine or any portion of a mine has been done to the satisfaction of the Director: Mineral Development he may, in consultation with the Director-General of the Department of Water Affairs, issue a certificate to the manager to the effect that the provision of these regulations, in so far as the rehabilitation of the surface is concerned, have been complied with.
6. 12.6 When a certificate contemplated in regulation 5.12.5 is issued to the manager in respect of a portion of a mine, such portion shall be clearly indicted on the mine plan concerned with a reference to the certificate concerned.

Question 11

What must happen with garbage at a mine?

Answer 11

5.13.1 No dumping or impounding of rubble, litter, garbage, rubbish or discards of any description, whether solid or liquid, shall take place elsewhere other than at the site or sites demarcated for the purpose by the manager with the approval of the Director: Mineral Development. Every such site shall be limited to a minimum and every dump or dam shall be so controlled to ensure that the environment is, as far as practicable, not polluted.

Question 12

What must happen with vegetation, including trees, shrubs or grasses, when they are disturbed in making access roads, clearing sites for stockpiles and erecting plant or other installations?

Answer 12

5.13.2 In every case where vegetation, including trees, shrubs or grasses, are disturbed in making access roads, clearing sites for stockpiles and erecting plant or other installations, such vegetation shall be re-established to the satisfaction of the Director: Mineral Development which Director: Mining Development may introduce a programme according to which rehabilitation shall be done.

Question 13

What must happen with waste material from reduction works, benefication plants, coal preparation plants, screening and washing installations and generating stations at a mine?

Answer 13

5.13.4 Wherever practicable, waste material from reduction works, benefication plants, coal preparation plants, screening and washing installations and generating stations at a mine shall be disposed of in the workings of such mine: Provided that such disposal shall only be carried out under written authority from the Director: Mineral Development, who shall consult the Department of Water Affairs beforehand.

Question 14

May sand be extracted from the bank of any stream, river, dam, pan or lake?

Answer 14

5.14 No sand shall be extracted from the bank of any stream, river, dam, pan or lake, except with the written permission of the Director: Mineral Development and upon such conditions as he may prescribe.

Question 15

When may sand be extracted from the channel of a stream or river as well as from a dam, pan or lake?

Answer 15

5. 14.1 Sand may be extracted from the channel of a stream or river as well as from a dam, pan or lake: Provided that-
   a) adequate precautions are taken to ensure that the stability of the banks is not affected by such operations;
   b) adequate precautions are taken to prevent the scouring and erosion of the banks which may result from such operations or work incidental thereto; and
   c) effluent produced from such operations shall not be returned to any stream, river, dam, pan or lake unless such effluent conforms to the purity standards laid down by the Department of Water Affairs.
6. 14.2 In any case where damage to the bank of a stream, river, dam, pan or lake is or has been caused, such bank shall be restored to a condition acceptable to the Director: Mineral Development at the expense of the owner or manager.

Question 16

Where may no sand dump or slimes dam be established?

Answer 16

5.14.3 No sand dump or slimes dam shall be established on the bank of any stream, river, dam, pan or lake without the written permission of the Director: Mineral Development and upon such conditions as he may prescribe.

Question 17

When shall the regulations of this chapter not apply?

Answer 17

5.14.4 The regulation in this Chapter shall not apply to land referred to in section 160 of the Mining Rights Act, 1967 (Act 20 of 1967), and shall not derogate from any other Act or regulation framed in terms of any Act governing the removal of sand or other mineral from any stream, river, dam, pan or lake.

Question 18

What measures shall be taken when prospecting for or recovering of oil?

Answer 18

5.14.5 During prospecting for or recovery of oil, all reasonable measures shall be taken, to the satisfaction of the Director: Mineral Development, to prevent the escape of oil to the surroundings, either on land or in the sea.

Question 19

What must the holder of a prospecting permit or mining authorisation demonstrate in his environmental management programme?

Answer 19

5.16.1 The holder of a prospecting permit or mining authorisation shall demonstrate in his environmental management programme that he has the financial means and has made sufficient and acceptable pecuniary provision to the satisfaction of the Director: Mining Development to carry out such programme.

Question 20

What provisions must the holder of a prospecting permit or mining authorisation make when he is not required to have an environmental management?

Answer 20

5. 16.2 Where the holder of a prospecting permit or mining authorisation is not required to have an environmental management programme, the Director: Mining Development may order such holder to make, to his satisfaction, provision for-
   a) the rehabilitation of the surface of the mining area;
   b) the prevention of pollution of the atmosphere;
   c) the prevention of pollution of water and the soil; and
   d) the final closure of the mine.

Question 21

What must the holder of a prospecting permit or mining authorisation annually determine?

Answer 21

5. 16.3 The holder of a prospecting permit or mining authorisation shall annually, to the satisfaction of the Director: Mineral Development and in consultation with an expert, determine the quantum of pecuniary(relating to or consisting of money)provision which is required of him in terms of regulation 5.16.1 or 5.16.2.
6. 16.4 The pecuniary provision referred to in regulation 5.16.1 and 5.16.2 shall only be used for the purposes of the said regulations.

Question 22

What is the definition of “environmental management programme”?

Answer 22

“environmental management programme” means an environmental management programme approved in terms of section 39(1) of the Act, unless specifically otherwise indicated herein.

Question 23

What is the definition of “independent team”?

Answer 23

“independent team” means a person or a team of persons with appropriate expertise in environmental assessment and management, who-

     i. has not been involved with the operational management of the mining or prospecting operation in question; or
   ii. has previously not been involved in the particular performance assessment of the environmental management programme being considered.

Question 24

What is the definition of “monitoring?

Answer 24

“monitoring” means the use of quantitative and qualitative data-gathering techniques in order to-

     i. ascertain whether the requirements of an environmental management programme are being complied with; and
   ii. supply supporting information for the performance assessment of the environmental management programme.

Question 25

What is the definition of “performance assessment”?

Answer 25

“performance assessment” means a systematic, periodic, objective and documented evaluation of-

     i. the compliance with an environmental management programme; and
   ii. the continued appropriateness and adequacy of the environmental management programme.

Question 26

What is the definition of “report”?

Answer 26

“report” means the report referred to in regulation 5.18(c).

Question 27

What shall the holder of a prospecting permit or mining authorisation do to ensure compliance with an environmental management programme?

Answer 27

Compliance with environmental management programme

5. 18 In order to ensure compliance with an environmental management programme and to assess the continued appropriateness and adequacy of the environmental management programme, the holder of a prospecting permit or mining authorisation shall-
   a) conduct the monitoring of the environmental management programme on an on-going basis;
   b) conduct the performance assessments of the environmental management programme in accordance with regulations 5.18.1, 5.18.2, 5.18.3 and 5.18.4;
   c) compile and submit to the Director: Mineral Development a report on the performance assessment of the environmental management programme in which compliance with regulation 5.18(b) is demonstrated.

Question 28

How shall the environmental management programme be assessed and reported on?

Answer 28

Assessment and report

5. 18.1 In order to comply with the provisions of regulation 5.18(b) and (c), the holder of a prospecting permit or mining authorisation shall conduct the performance assessment of the relevant environmental management programme and compile and submit the report to the satisfaction of the Director: Mineral Development-
   a) in accordance with the requirements of the relevant environmental management programme; or
   b) if the environmental management programme does not provide therefor, as agreed to in writing by the Director: Mineral Development.

Question 29

What must be done when the environmental management programme is not approved and there is no exemption?

Answer 29

No approved programme and exemption

5. 18.2 If-
   a) an environmental management programme has not been approved in terms of section 39(1) of the Act: and
   b) exemption has not been granted in terms of section 39(2)(a) of the Act from the requirement to obtain such approval;

the holder of the prospecting permit or mining authorisation in question shall make arrangements for the conducting of performance assessments of an environmental management programme and the compiling and submitting of reports as agreed to in writing by the Director: Mineral Development.

Question 30

What happens when the holder of a prospecting permit or mining authorisation is certified as Internationally recognised standards for environmental management systems?

Answer 30

Internationally recognised standards for environmental management systems

5.18.3 The holder of a prospecting permit or mining authorisation whose prospecting and mining operations have been certified in terms of internationally recognised standards for environmental management systems may, on application to the Director: Mineral Development and provided that proof of such certification and compliance thereto is furnished, be exempted from the provision of regulation 5.18(b). but reports shall be compiled and submitted in accordance with regulation 5.18.4 to demonstrate that performance assessments of the relevant environmental management programme are being conducted to the satisfaction of the Director: Mineral Development.

Question 31

What is the frequency of conducting assessments and reports on environmental management programmes?

Answer 31

Frequency of assessments and reports

5. 18.4 The frequency of conducting performance assessments of an environmental management programme and the compiling and submitting of reports shall be in accordance with the period-
   a) specified in the environmental management programme; or
   b) if such period is not so specified-
   i. as agreed to in writing by the Director: Mineral Development; or
   ii. every two years from the date of approval of that environmental management programme.

Question 32

What content shall the reportcontain and who must get a copy?

Answer 32

Content and copies of report

5. 18.5.1 The report shall contain the following-
   a) a clear indication of the period that applies to the performance assessment of the environmental management programme;
   b) the scope of that assessment;
   c) the procedure used for that assessment;
   d) the interpreted information gained from the monitoring of the environmental management programme;
   e) the evaluation criteria used during that assessment;
   f) the results of that assessment; and
   g) recommendations on how and when identified deficiencies and non-compliance of requirements will be rectified.
6. 18.5.2 The holder of the prospecting permit or mining authorisation in question shall submit to the Director: Mineral Development such number of copies of the report as the Director determines.

Question 33

Who may the holder of a prospecting permit or mining authorisation appoint to conduct the performance assessment of the environmental management programme and compile the report?

Answer 33

Appointment of person with appropriate expertise

5.18.6 The holder of a prospecting permit or mining authorisation may appoint persons with appropriate expertise to conduct the performance assessment of the environmental management programme and compile the report, provided that such appointment shall not relieve the holder of his or her responsibilities in terms of these regulations.

Question 34

To whom shall the report be made available?

Answer 34

Report to be made available

5. 18.7 The report submitted to the Director: Mineral Development shall be made available by him or her to-
   a) other departments which have been involved in the approval of the environmental management programme; and
   b) other parties on written request.

Question 35

What happens if the Director: Mineral Development finds the assessment of the report unacceptable?

Answer 35

Assessment of report unacceptable

5. 18.8 If the Director: Mineral Development finds that-
   a) the performance assessment of the environmental management programme conducted by the holder of a prospecting permit or mining authorisation is not satisfactory; or
   b) the report submitted by that holder is not acceptable, that holder may, at his cost, be required to do any or all of the following-
   i. repeat the whole or relevant parts of that assessment and revise and resubmit the report;
   ii. submit relevant supporting information;
   iii. appoint an independent team to conduct the whole or part of that assessment and to compile the report.

Question 36

Ehen must the Director: Mineral Development respond to the report to the holder of the prospecting permit or mining authorisation?

Answer 36

Response to report

5.18.9 The Director: Mineral Development shall respond in writing to the holder of the prospecting permit or mining authorisation on the performance assessment of the environmental management programme within four months after the date of receiving the report, unless otherwise agreed to in writing between the Director and the holder.

Question 37

What happens if there is reason to believe that the performance of assessment of the environmental management programme cannot be conducted satisfactorily by the holder of the prospecting permit or mining authorisation?

Answer 37

Appoint of independent team by Director-General

5. 18.10.1 If there is reason to believe that the performance of assessment of the environmental management programme cannot be conducted satisfactorily by the holder of the prospecting permit or mining authorisation, the Director-General may appoint an independent team to conduct that assessment.
6. 18.10.2 The cost of the appointment of the independent team in terms of regulation 5.18.10.1 and the conducting of the performance assessment of the environmental management programme shall be for the account of the holder in question.

Question 38

What happens when the holder of a prospecting permit or mining authorisation intends terminating his or her prospecting or mining operations and intends obtaining a certificate contemplated in section 12 of the Act?

Answer 38

Final performance assessment of environmental management programme

5. 18.11.1 When the holder of a prospecting permit or mining authorisation intends terminating his or her prospecting or mining operations and intends obtaining a certificate contemplated in section 12 of the Act, a final performance assessment of the environmental management programme shall be conducted and a report to the satisfaction of the Director: Mineral Development shall be submitted to indicate that-
   a) the requirements of the relevant legislation have been complied with;
   b) the objectives as described in the environmental management programme have been met; and
   c) all residual and latent environmental impacts resulting from the prospecting and mining operations of that holder have been identified and the risks thereof have been identified and quantified and arrangements for the management of those risks have been finalised.
6. 18.11.2 The conducting of the final performance assessment of the environmental of the environmental management programme and the submission of the report referred to in regulation 5.18.11.1 shall precede or accompany the application for a certificate contemplated in section 12 of the Act.