NAMAGROEN EMPR Amendment.pdf - DLIST Benguela

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Addendum to <strong>EMPR</strong> for Concessions 8(a), 9(a) and 8(b) 892. STATUTORY AND LEGAL REQUIREMENTSManagement of the environment during and after mining operations is an obligation under theConstitution as well as a number of national statutes. Mining activities on all Namagroenmining areas are conducted in terms of current mining legislation (Minerals Act, 1991 and MineHealth & Safety Act, 1996), including the conditions imposed by the Minister of Minerals andEnergy by way of the mining/mineral lease. Other activities conducted within the boundariesof the mining area which are not regulated by said legislation, are managed in accordance withthe provisions of other legislation, i.e. in those instances where mining has not been excludedor exempt from the provisions of such non-mining legislation.In summary, the following Acts and the Regulations promulgated there under are known toapply:- Atmospheric Pollution Prevention Act (45/1965)- Cape Nature and Environmental Conservation Ordinance 19 of 1974- Common Law of Nuisance- Constitution of the Republic of South Africa Act (108/1996)- Diamonds Act and Regulations (56/1986)- Environmental Conservation Act (73/1989)- Explosives Act (26/1956)- Hazardous Substances Act (15/1973)- Marine Living Resources Act (18/1998)- Mine Health & Safety Act (29/1996)- Minerals Act (50/1991)- Mineral and Petroleum Resources Development Act and Regulations (2002)- National Environmental Management Act (107/1998)- National Heritage Resources Act (25/1999)- National Monuments Act 13 of 1981- National Parks Act (57/1976)- National Water Act (36/1998)- Nuclear Energy Act 131 of 1993- Occupational Health & Safety Act (85/1993)- Road Traffic Act (29/1989)- Seabird and Seals Protection Act (46/1973)- Sea Fisheries Act (12/1988)- Seashore Act (21/1935)- Water Act and Regulations (54/1956)For mining activities conducted from vessels the following Acts and their Regulations apply:- Carriage of Goods by Sea Act (1/1986)- Dumping at Sea Control Act (73/1980)- Marine Notices 15 of 1993, 2 of 1996, 23 of 1998, 26 of 1998- Marine Pollution (Control and Civil Liability) Act (6/1981)- Marine Pollution (Prevention of Pollution from Ships) Act (2/1986)- Marine Pollution (Intervention) Act (64/1987)Namagroen Prospecting & Investments October 2008
Addendum to <strong>EMPR</strong> for Concessions 8(a), 9(a) and 8(b) 90- Marine Traffic Act (2/1981)- Maritime Zones Act (15/1994)- Merchant Shipping Act (51/1957)- Prevention and Combating of Pollution of the Sea by Oil Act (6/1981)- Ship Registration Act (58/1998)- South African Maritime Safety Authority Act (5/1998)- South African Maritime Safety Authority Levies Act (6/1998)- South African Transport Services Act (65/1981)- Wreck and Salvage Act (94/1996)International Conventions that apply to the proposed dredging operations include:- MARPOL 1973/78- International Convention Relating to Intervention on the High Seas in Cases ofOil Pollution Casualties- United Nations Framework Convention on Climate Change- Montreal Protocol on Ozone Depleting Substances- International Convention for the Safety of Life at Sea (SOLAS)- United Nations Convention on the Law of the Sea (LOSC)- Ramsar Convention on Wetlands of International Importance especially asWaterfowl Habitat- London Convention on the Prevention of Marine Pollution by Dumping ofWastes and Other Matter- Convention on Biological DiversityFuture legal and statutory requirements will include:- White Paper: A Minerals and Mining Policy for South Africa, Oct 1998- Draft White Paper for Sustainable Coastal Development in South Africa- MARPOL 1973/78 - Annex VI: Regulations for the Prevention of Air Pollutionfrom Ships- Draft White Paper on Integrated Pollution and Waste Management for SouthAfrica- White Paper on Biological DiversityOf particular relevance to the proposed dredging operations is the Convention on thePrevention of Marine Pollution by Dumping Wastes and Other Matter (London Convention,1972). The Convention contributes to the international control and prevention of marinepollution. It prohibits the dumping of certain hazardous materials, requires a prior specialpermit for the dumping of a number of other identified materials and a prior general permit forother wastes or matter. South Africa is a signatory of the agreement."Dumping" has been defined as the deliberate disposal at sea of wastes or other matter fromvessels, aircraft, platforms or other man-made structures, as well as the deliberate disposal ofthese vessels or platforms themselves. Wastes derived from the exploration and exploitationof sea-bed mineral resources are, however, excluded from the definition. The provisions alsoNamagroen Prospecting & Investments October 2008
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NAMAGROEN EMPR Amendment.pdf - DLIST Benguela

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