OVERVIEW OF THE IMPACT OF MINING ON THE ... - IIED pubs

Rehabilitation and closure of
mine
Water Development Disposal) Regulations
Ministry of Mines and Energy Mines and Minerals Act
Alluvial mining Rural District Councils Mining (Alluvial Gold) (Public
Streams) Regulations
Consultation on water matters ZINWA National Water Authority Act
2.9.2 Mines and minerals legislation and policy
The Mines and Minerals Act was promulgated in 1961. Subsidiary legislation issued under the Mines and
Minerals Act includes General Regulations, Management and Safety Regulations and Alluvial Gold Regulations.
The relevance of these is discussed below.
2.9.2.1 Mines and Minerals Act (Chapter 21:05, Revised 1996)
The Mines and Minerals Act is continually under criticism from environmental groups, because it appears to
override all other legislation in Zimbabwe. Prospectors and miners are allowed access to almost all land within
the country, including National Parks (Section 26). However, there are some restrictions that include written
consent from the "owner" (Section 31). Prospectors and miners are allowed access to water (Section 29) and
timber (Section 36) with certain restrictions. Landowners may apply to the mining commissioner for a
reservation against the cutting of indigenous timber, but the miners may take up to 50% of the timber on the
land.
Section 159 (Special Mining Leases, 1994 Amendment) defines controls applicable to mines where the
investment will be either wholly or mainly in foreign currency and will exceed US$ 100 million, and where the
mines output is principally for export. An environmental impact report is required before these Special Mining
Leases are issued and requires the developers to adhere to the following.
(vii) a report on the anticipated impact of mining operations on the environment and any measures to be
taken to assess, prevent or minimise such impact, including proposals for:
A. the prevention or treatment of pollution; and
B. the treatment and disposal of waste;
C. the protection of rivers and other sources of water; and
D. the reclamation and rehabilitation of land disturbed by mining operations; and
E. monitoring the effect of mining operations on the environment;
Perhaps the closest reference to any form of environmental control on standard mining leases mentioned in the
Mines and Minerals Act is seen in sections 234 to 241 (Appendix 2.1). In these sections a miner must submit a
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