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

provides a definition but one which is extremely broad19. There are many occurrences in mining which could
apply, such as overflowing of discharge canals, flooding of tailings dams or settling ponds, overloading of
treatment works and the dumping of wastes (Love & Hallbauer, 1999). The Act also provides that pollution in
the absence of an appropriate permit is an offence that may be punishable by fine or imprisonment or both20.
The regulations also provide for sampling procedures21 and for public access to information on permits current,
applied for and rejected22. The attached schedules define river zones and the permissible levels of
contamination.
Alluvial mining or other mining operations that may affect the banks, bed or course of a river or stream of springs
or natural wetlands is subject to permission of the Catchment Council 23 . To carry out such activities without a
permit is an offence punishable by fine or imprisonment or both 24 .
The Minister of Rural Resources and Water Development may declare any area to be a water shortage area. In
these areas permits for the abstraction and use of underground water are required 25 .
2.9.3.3 Parks and Wildlife Act (20:14 – Revised 1996)
The Parks and Wildlife Act establishes a Parks and Wildlife Board and provides for the establishment of national
parks, botanical reserves, botanical gardens, sanctuaries, safari areas and recreational parks. It also makes
provision for the preservation, conservation, propagation, or control of wildlife, fish and plants of Zimbabwe and the
protection of her natural landscape and scenery. Permits are required for prospecting and mining within the Parks
and Wildlife Estate.
2.9.3.4 Forest Act (19:05 – Revised 1996)
The Forest Act establishes a commission for the administration, control and management of state forests as well
as a Mining Timber Permit Board. Other functions include the control of burning, regulation of trade of forest
produce and to provide for the conservation of timber resources. The Act has some regulations pertaining to the
use of timber by miners and prospectors that seems at odds with those stipulated in the Mines and Minerals Act.
Firstly no miner shall cut, injure or destroy any indigenous trees or timber from any State or private land unless
19 “Any incident or accident in which a substance (a) pollutes or has the potential to pollute a
water resource; or (b) has a detrimental effect or is likely to have a detrimental effect on a
water resource” Section 20(1) of the [South African] National Water Act (Act 36 of 1998)
20 Section 68
21 Section 8
22 Section 10
23 Section 46
24 Section 118(1)(g)
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