Environmental Affairs Mineral Resources · 2 Based on: Department of Environmental Affairs,...

Environmental AffairsMineral Resources

2

Based on: Department of Environmental Affairs, Department of MineralResources, Chamber of Mines, South African Mining and Biodiversity Forum,and South African National Biodiversity Institute. 2013. Mining and BiodiversityGuideline: Mainstreaming biodiversity into the mining sector. Pretoria.100 pages.

Citation: Department of Environmental Affairs, Department of MineralResources, Chamber of Mines, South African Mining and Biodiversity Forum,and South African National Biodiversity Institute. 2013. Executive Summary ofthe Mining and Biodiversity Guideline: Mainstreaming biodiversity into themining sector. Pretoria. 12 pages.

ISBN: 978-0-621-41747-0

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Copyright: ©Department of Environmental Affairs, Department of MineralResources, Chamber of Mines, South African Mining and Biodiversity Forum,and South African National Biodiversity Institute. 2013. Reproduction of thispublication for educational or other non-commercial purposes is authorisedwithout prior written permission from the copyright holder provided the sourceis fully acknowledged. Reproduction of this publication for resale or othercommercial purposes is prohibited without prior written permission of thecopyright holder.

Photo credits: Grateful thanks go to the many people and organisations whosephotographs bring life to the pages of this report.Cover: De Beers, Richard Lechmere-Oertel, Mark Wing, and Ellen Elmendorp.Inside: Anglo American, Bill Bainbridge, De Beers, Peter Chadwick, ClareFulton, Frans Krige, Richard Lechmere-Oertel, Matthew Norval, Kerry Sink,and Patti Wickens.

1Mining and Biodiversity Guideline Executive Summary

The mining industry plays a vital role in the growth and development of SouthAfrica and its economy. Since the earliest discoveries of minerals in the region,this rich endowment of mineral resources has been a key driver of SouthAfrica’s social and economic development. Mining continues to be one of themost significant sectors of our economy, providing jobs and growing our grossdomestic product.

On par with this mineral wealth are exceptional endowments of biodiversityand ecosystems. South Africa is globally renowned as a megadiverse countrythat harbours an extraordinary number of species in relation to most othercountries. This rich biodiversity and ecological infrastructure underpin andsupport our social and economic development in numerous direct and indirectways. However, it is currently impacted upon by mining and other land uses inways that are not sustainable. Sustaining the goods and services that flowfrom our biodiversity assets, and the benefits that these provide over the longterm, will require limits in mining and other activities in certain areas. SouthAfrica’s Constitution and the laws stemming from it recognise the vital role ofboth ecological and mineral resources in a development path built upon thesocially just, environmentally sustainable and economically efficient use ofthese resources. How then, can we develop both our mineral and ecologicalresources to grow our economy, create more jobs and improve human well-being – now and into the future? Taking stock of what we have and where,allows us to be proactive and make informed decisions about future land-useplanning at various scales for South Africa's optimal growth path.

Guiding good decision-making in the mining sector

The Mining and Biodiversity Guideline provides a tool to facilitate the sustainabledevelopment of South Africa’s mineral resources in a way that enablesregulators, industry and practitioners to minimise the impact of mining on thecountry’s biodiversity and ecosystem services. It provides the mining sectorwith a practical, user-friendly manual for integrating biodiversity considerationsinto the planning processes and managing biodiversity during all phases ofthe mining life cycle from exploration through to closure. The Guideline doesnot introduce new concepts or requirements but rather draws together allrelevant information and presents it in a user-friendly format. From a businessperspective, the Guideline explains the value for mining companies of adoptinga risk-based approach to managing biodiversity. The early identification andassessment of mining impacts on biodiversity provides an opportunity to putin place environmental management plans and actions that reduce risks tobiodiversity, people and business.

The Guideline provides explicit direction in terms of where mining-relatedimpacts are legally prohibited, where biodiversity priority areas may presenthigh risks for mining projects, and where biodiversity may limit the potentialfor mining. South Africa has some of the best biodiversity science in the worldand is at the forefront of making information available in a useful context topolicymakers, decision-makers and practitioners. Such biodiversity informationand tools assist with laying the foundation for effective management andmonitoring of biodiversity, and informing decisions on land-use planning toensure an optimal development future.

Mainstreaming biodiversity intothe mining sector


The business case for integrating biodiversity into mining

Biodiversity considerations are relevant throughout the mining life cycle - fromdiscovery or reconnaissance, to exploration or prospecting, development andproduction, and finally to decommissioning and closure. Authorisations arerequired at various stages of the exploration or exploitation of mineral resources.

From a business risk perspective, it is optimal to identify biodiversity constraintsfor project development early in the mining life cycle. The costs of fixingproblems or retrofitting solutions during operational stages are inevitablygreater than avoiding or preventing those problems through early detection.

Mining companies are generally aware of the possible obstacle that areas ofhigh biodiversity value can pose to mining projects, but even in cases wheredirect biodiversity risks are assessed, there is often a failure to fully considerthe interdependencies between mining, biodiversity and society in theassessment of impacts. This can result in a failure to identify significant risksassociated with a proposed mining project because impacts on biodiversityaffect a range of ecosystem services, which translate into implications forhuman well-being (livelihoods, safety, security and health).

The identification of these impacts at an early stage - based on properconsideration of biodiversity information - can streamline decisions aboutwhere, or where not, to develop mines, as well as about how to develop them.It is becoming good business practice to incorporate appropriate scientificmethodologies that encompass all levels of assessment of impact on biodiversityand ecosystem services, stakeholder engagement, and comprehensive economicvaluation of the affected areas into business decision-making. This is not leastbecause early assessment of biodiversity impacts helps to:

• Reduce risk to biodiversity if appropriate mitigation action is taken.

• Avoid delay in authorisations, and reduce delays caused by appeals.

• Reduce risk to the company by avoiding reputational damage and unexpected costs, and/or difficulty in accessing finance.

• Obtain ‘buy-in’ from local communities (or a ‘social licence to operate’).

• Reduce risk to society of deteriorating ecosystem services and loss ofbiodiversity, from local to national scale, over the short, meduim and long term.

How to mitigate biodiversity risks related to mining

The primary purpose of the Guideline is to improve consistency in dealing withbiodiversity issues. It gives direction on how to avoid important biodiversitycompletely, minimise impacts through careful design and operation, rehabilitatewhere feasible and/or offset significant residual mining impacts, as part of athorough environmental impact assessment (EIA) and robust environmentalmanagement programme (EMP). Importantly, this is a guideline to aid theintegration of biodiversity issues into the mining life cycle rather than a set ofrules which can be applied unilaterally without interpretation or interrogation.Themitigation of negative impacts on biodiversity and ecosystem services is a legalrequirement and should take on different forms depending on the significanceof the impact and the area being affected. Mitigation requires proactive planningthat is enabled by following the mitigation hierarchy, illustrated in Figure A.Its application is intended to avoid disturbance of ecosystems and loss ofbiodiversity, and where they cannot be avoided altogether, to minimise,rehabilitate, and then finally offset any significant residual negative impactson biodiversity.


Six principles for getting it right

Six principles for integrating biodiversity into mining-related decisions aredescribed in the Mining and Biodiversity Guideline. Considerations with respectto the six principles are described for each stage of the mining life cycle(reconnaissance, prospecting, mining or production, and decommissioningand closure), including the implications for mining companies and decisionmakers. The potential impacts of mining on biodiversity, the administrativerequirements, the principles that should underpin consideration of biodiversityat each stage, and the biodiversity tools available to limit impacts and reducerisk to biodiversity are discussed for each stage. A range of tools and guidelinesexist to support the application of these six principles.

1. Apply the law (as a minimum)

South Africa has sound environmental legislation aimed at achieving sustainabledevelopment, including laws that support public participation, impactassessment and environmental management. A network of legislation existsin South Africa that is geared towards sustainable development and theconservation and management of our country's rich biodiversity. Part of thisfabric is the Mineral and Petroleum Resources Development Act (No. 28 of2002) (MPRDA), which is the main piece of legislation governing all stages ofthe mining and petroleum production process in South Africa.

The Minister of Mineral Resources, responsible for implementing the MPRDA,is specifically tasked to “ensure the sustainable development of South Africa’smineral and petroleum resources within a framework of national environmentalpolicy, norms and standards while promoting economic and socialdevelopment”. To ensure this, the MPRDA stipulates that the principles of theNational Environmental Management Act (No. 107 of 1998) (NEMA) apply to allmining, and serve as guidelines for the interpretation, administration andimplementation of the environmental requirements of the MPRDA.

Refers to measures over and above rehabilitation to compensate for the residual negative effects on biodiversity,after every effort has been made to minimise and then rehabilitate impacts. Biodiversity offsets can provide a

mechanism to compensate for significant residual impacts on biodiversity.

Refers to rehabilitation of areas where impacts are unavoidable and measures are provided to returnimpacted areas to near-natural state or an agreed land use after mine closure. However, rehabilitation

may fall short of replicating the diversity and complexity of a natural system.

Refers to considering alternatives in the project location, siting, scale, layout, technologyand phasing that would minimise impacts on biodiversity and ecosystem services. In

cases where there are environmental and social constraints every effort should be made tominimise impacts.

Refers to considering options in project location, siting, scale, layout,technology and phasing to avoid impacts on biodiversity, associated

ecosystem services, and people. This is the best option, but is not always possible.Where environmental and social factors give rise to unacceptable negative impacts

mining should not take place. In such cases it is unlikely to be possible or appropriateto rely on the latter steps in the mitigation.

MIT

IGA

TIO

N H

IER

AR

CH

Y

Avoid or prevent

Minimise

Rehabilitate

Offset

Figure A. Mitigation Hierarchy:Companies should first strive toavoid disturbance of ecosystems andloss of biodiversity, and where theycannot be avoided altogether, tominimise, rehabilitate or offset anyresidual negative impacts onbiodiversity.


As a consequence, a holder of a mining permission/right/permit:

o Must consider, investigate, assess and communicate the impact of theiractivities on the environment comprehensively.

o Must, as far as is reasonably practicable, rehabilitate the environment to its natural or predetermined state, or to a land use which conforms to the generally accepted principle of sustainable development.

o Is responsible for environmental damage, pollution or ecological degradation as a result of reconnaissance, prospecting or mining operations which may occur inside and outside the boundaries of the areas to which such right, permission or permit relates.

o Must ensure that it will take place within the framework of national environmental management policies, norms and standards.

To ensure this, the MPRDA includes some key legal and regulatory mechanismssuch as the Environmental Management Plan (EMP; explained further in principle5), the MPRDA Pollution Control and Waste Management Regulations (whichensures that water management, soil erosion and pollution control complywith applicable legislative requirements) and Section 49 of the MPRDA (throughwhich the Minister of Mineral Resources may prohibit or restrict the grantingof any permission/permit/right in specific areas, including certain areas ofcritical biodiversity, heritage and hydrological importance).

In addition to the MPRDA, mining companies also need to comply with a rangeof other laws which regulate mining impacts on the environment. TheConstitution of the Republic of South Africa enshrines the right ‘to anenvironment that is not harmful to their health or well-being’.

NEMA sets out environmental management principles that support this, andother Specific Environmental Management Acts (SEMAs) that should guidedecision-making throughout the mining life cycle. Disturbance of ecosystems,loss of biodiversity, pollution or degradation of the environment, as well assites that constitute the nation’s cultural heritage, should be avoided, minimised,rehabilitated, or as a last option offset. This is supported by the BiodiversityAct as it relates to loss of biodiversity and by the Environmental ImpactAssessment Regulations (GN No. R. 543) published in terms of NEMA; whichguide the identification, assessment and evaluation of impacts, and thedetermination of appropriate mitigation measures required for variouslisted activities.

Water Use Authorisations under the National Water Act (No. 36 of 1998) arerequired by most mining operations. In addition, mine-water regulations(Government Notice (GN) No. R. 704) are aimed at ensuring the protection ofwater resources. Finally the National Environmental Management ProtectedAreas Act (No. 57 of 2003) prohibits mining and prospecting in protected areas.In addition, other legislation such as the National Heritage Resources Act(No. 25 of 1999) and various land use planning ordinances and zoning schemesmay apply. It is a legal requirement that this stage commences only once all ofthe required authorisations have been approved, including the water use licenseand any environmental authorisations for associated activities.

2. Use the best available biodiversity information

South Africa, unlike many other countries, generally has very good qualitybiodiversity information, and this provides a sound basis for decision-makingwith due consideration for biodiversity. Spatial biodiversity planning hassupported the identification of biodiversity priority areas that are important forconserving a representative sample of ecosystems and species, for maintainingecological processes, or for the provision of ecosystem services.


Biodiversity priority areas are the areas - or assets - in the landscape or seascapethat are important for conserving a representative sample of ecosystems andspecies, for maintaining ecological processes, or for the provision of ecosystemservices. These ecosystem services are vital to people and economic activitiesdownstream of ecosystem service flows. Their loss would be difficult or insome cases impossible to compensate or offset; there are no cost-effectivesubstitutes for many of the services they deliver. These biodiversity assets aremapped on Figure B.

Biodiversity priority areas should inform and influence spatial land use policiesand plans, including policies and plans for mineral development. The biodiversityfeatures in these biodiversity priority areas are likely to be vulnerable to theimpacts of mining activities. Hence such activities may be prohibited by law orwill be subject to scrutiny and potentially limited because of biodiversityconsiderations.

Figure B: Biodiversity priority areasare important for conserving arepresentative sample of ecosystemsand species, for maintainingecological processes, or for theprovision of ecosystem services.


This Guideline identifies four categories of biodiversity priority areas in relationto their importance from a biodiversity point of view and the business risk thispresents to mining companies. These are listed in Table A and illustrated inFigure C.

This guides the appropriate identification, assessment, evaluation andmanagement of potential biodiversity impacts. For mining companies the tableand map can be used to assess the level of risk for investment in new miningprojects, implications for current mining operations, and to inform theapplication of the mitigation hierarchy to reduce impacts on biodiversity inthese areas. For regulatory authorities this table should be used to apply thelaw in areas where mining is prohibited (Category A) and to ensure that inother categories there is rigorous evaluation of the biodiversity content ofapplications and that the mitigation hierarchy is appropriately applied to reduceimpacts on biodiversity in these areas. The full explanations of each biodiversitypriority area, including their legal standing and/or recognized importance aregiven in Chapter 3.2. of the Guidelines. Importantly, these data should beconfirmed by site level investigation and supplemented with additionalinformation on features such as red listed species.

Proponents of a mining activity in a biodiversity priority areas, especially inthose areas of higher biodiversity importance, should demonstrate that:

• There is significant cause to mine in these areas, that it is in the nationalinterest, and that viable alternatives outside biodiversity priority areas are not available.

• Biodiversity impacts have been comprehensively assessed.

• The mitigation hierarchy has been systematically applied and alternativesrigorously considered.

• Mitigation measures have been incorporated into a robust EMP; and good practice environmental management is followed, and monitoringand compliance enforcement is ensured.


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3. Engage relevant stakeholders thoroughly

Engaging thoroughly with appropriate stakeholders is the third principle ofgood biodiversity decision-making. Stakeholder engagement on biodiversityissues is central to the integration of biodiversity and ecosystem services intothe impact assessment process and should begin early on, particularly whenbiodiversity priority areas are affected. Note that many of these processes arepart of, and embedded in, existing legal processes and requirements such asEIAs and EMPs.

Mines can often obtain a wealth of input from biodiversity stakeholders, andshould consider them as important sources of information, stewards andpotential partners integral to the assessment and management of impacts onbiodiversity. Where mining is likely to affect biodiversity priority areas, theremay be a greater number of stakeholders who are concerned with the proposalor activity and its consequences, as well as more local and downstream usersof ecosystem goods and services who might be affected. Failure to tacklestakeholder engagement properly in such areas would pose an almost certainrisk to the mining company and its proposal or activity. Early and effectivestakeholder engagement should enable mining companies to:

• Clarify objectives of a proposed mining activity in terms of communityneeds and concerns and company commitments to biodiversity.

• Identify potential conservation partners in addressing biodiversity issues.

• Distil the main issues and concerns of interested and affected parties in relation to the proposed activities.

• Gather local traditional/indigenous knowledge of the area, and identifylocal values and levels of dependence on ecosystem services.

• Identify and evaluate feasible alternatives.

• Identify, evaluate and implement potential biodiversity offset sites (if relevant).

4. Use best practice in environmental impact assessment to identify, assess and evaluate impacts on biodiversity

There is substantial guidance on and regulation of EIAs, which is the processof evaluating the likely impacts of a proposed project or development on theenvironment, taking into account inter-related socio-economic, cultural andhuman-health impacts, both beneficial and adverse.

The fundamental components of an EIA involve several stages that broadlycorrespond with the scoping and EIA requirements set out in the MPRDA andNEMA EIA Regulations, although the time frames for the respective processesare different. This Guideline provides guidance on the integration of biodiversityinformation into an EIA and in the development of the EMP, with particularattention paid to the mitigation of impacts on the environment.

The approach emphasizes the robust implementation of the mitigation hierarchyat each stage of the mining life cycle to:

• Avoid or prevent loss to biodiversity and ecosystem services.

• Minimise impacts on biodiversity and ecosystem services.

• Rehabilitate concurrently or progressively with the proposed activity, and/or on cessation of the activity.

• Offset significant residual negative impacts on biodiversity or ecosystemservices.


5. Apply the mitigation hierarchy when planning any mining-related activities and develop robust environmental management programmes

The primary tools for managing impacts on biodiversity and ecosystem servicesare the measures contained in the EMP required of the MPRDA, the water uselicence and the EMP required in terms of the NEMA EIA regulations. The EMPmust therefore meet good practice standards especially in terms of robustapplication of mitigation hierarchy, and fully satisfy legal requirements. TheEMP, once accepted by the relevant authorities, becomes an enforceableblueprint for managing impact on the environment. The Guideline provides anoverview of the generic requirements of the EMP and discusses the requiredfinancial provision for monitoring, mitigation and enhancement, and closuremanagement. Robust EMPs require taking a risk-averse and cautious approachto identifying residual negative impacts, gauging the effectiveness of proposedrehabilitation measures, and making provision for biodiversity offsets whererequired.

6. Ensure effective implementation of environmental managementprogrammes, including adaptive management

The final principle in making good decisions regarding mining and biodiversityis to ensure effective implementation of the EMP, which includes adaptivemanagement. To be effective with regard to managing biodiversity andecosystem services, it is legally required that the EMP must be rigorouslyimplemented by the rights holder, and enforced by the competent authorities.It is often that the scale and/or significance of impacts of mining only becomeevident once construction or operation begins. To this end, it is important thatmeasurable performance indicators are used and clear management targetsand timeframes are specified in the EMP. Monitoring and reporting against theEMP by the rights holder and compliance enforcement by the regulator is key.

Where an EMP Performance Assessment finds measures to manage impactsto be ineffective or insufficient to achieve the stated outcomes, then the EMPmust be updated and additional or different actions incorporated to rectifythese shortcomings. The adaptive management of the EMP can ensure thatthe most effective and efficient approach to management is implemented.Through regular monitoring and assessments, the company can respondswiftly, and cost effectively, to any areas where performance needs to beaddressed.


In conclusion

South Africa’s mineral endowment implies that mining and the environmentwill continue to interact and need to walk a path together to achieve prosperityand sustainability. We need to be mindful of the fact that without the integrityof our biodiversity assets and natural systems, there will be no sustained long-term economic growth. In pursuit of South Africa's developmental pathway,a shared vision of sustainability has emerged as a strong driver of industryvalues and societal behaviour. The Guideline can help to ensure that mineralresource development, as an integral component of South Africa’s developmentfuture, takes place in a way that is supports an optimal growth path forSouth Africa.

Environmental AffairsMineral Resources

Environmental Affairs Mineral Resources · 2 Based on: Department of Environmental Affairs,...

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