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Part D: Environment - 38. Environment | 38.1 Application of Environmental Laws and Regulations

The statutory language in this section should generally establish the applicability of the environmental requirements to all mining activities and operations in the country. The provisions should incorporate any distinct environmental law of the country or principles that should be set out in the mining law in the absence of or in addition to the environmental laws, as well as any relevant international and regional treaties and directives.

In addition, provisions should consider the applicability of the Equator Principles and other international environmental standards in the field. In addition, it could authorize the relevant government agency or agencies to promulgate regulations enacting and enforcing the environmental requirements. Empowering a regulatory agency will delegate rulemaking authority to the relevant agency.

38.1. Example 1:

Article [_]

(1) Before undertaking an activity or operation under a mineral right, the holder of the mineral right shall obtain the necessary approvals and permits required from the [relevant government Agency] for the protection of natural resources, public health and the environment.

(2) Without limiting subsection (1), a holder of a mineral right shall comply with all requirements of this [Act][Code][Law] and any applicable Regulations promulgated under this [Act][Code][Law] and any other enactment for the protection of the environment, health or cultural resources in so far as relates to exploitation of minerals.

Annotation

Drawn from Ghana’s mining law (2006), this language establishes the applicability of the environmental and cultural requirements in the Act to all mining operations in the country. It also grants the applicable government agency the authority to promulgate regulations to enact and enforce the statutory requirements set out herein.

38.1. Example 2:

Article [_]

The holder of a mineral right shall, in accordance with the requirements of this Act and any applicable law, and in accordance with good mining industry practice, conduct operations in such manner as to preserve in as far as is possible the natural environment, minimize and control waste or undue loss of or damage to natural and biological resources, to prevent and where unavoidable, promptly treat pollution and contamination of the environment and shall take no steps which may unnecessarily or unreasonably restrict or limit further development of the natural resources of the concession area or adjacent areas.

Annotation

Drawn from Botswana’s mining law (1999), this provision establishes the applicability of the Act’s environmental requirements to mining operations and activities but does not specifically authorize rulemaking by a government agency.