The Environment Protection (Mines and Minerals) Regulations. Statutory Instrument no. 10 of 2013

16. Management Instruments dated 4th July, 2013

17. Consent to use land for mining purposes

18. Sustainable development interventions.

19. Environmental licence application THE ENVIRONMENT PROTECTION 20. Review of applications. (MINES AND MINERALS) REGULATIONS, 2013 21. Projects involving resettlement

22. Inadequate environmental and social assessments ARRANGEMENT OF REGULATIONS Regulation No. 23. Review of licence application. PART I - PRELIMINARY PART V – OBLIGATIONS OF AN ENVIRONMENTAL LICENCE HOLDER

1. Application. . 24. Updating Environmental Management Plan and Social Impact

2. Interpretation. Management Plan PART II - PRINCIPLES AND ACCOUNTABILITY 25. Annual Environmental Report

3. Application of principles. 26. Annual Social Report

27. Environmental and Social Performance Monitoring PART III - ADMINISTRATION 28. Financial assurance

4. Environmental Impact Assessment Licence required for mining projects 29. Forms of Assurance

5. Responsibilities of mineral right holder 30. Presentation financial assurance

6. Community Liaison Committee. 31. Temporary suspension of activities PART IV – RESTRICTING OR PROHIBITING RECONNAISSANCE PART V1 - CLOSURE OF MINING ACTIVITIES

7. Non-invasive reconnaissance 32. Mine obligations

8. Invasive reconnaissance 33. Mine Closure Plan

9. Strategic environmental and social assessment of artisanal mining areas 34. Progressive Closure

10. Application for artisanal mining licence. 35. Default in closure obligations

11. Project Screening applications 36. Assets on termination of mineral right.

12. Project categorization 37. Retention of fresh water dams

13. Appeal against Project category. 38. Alternative use of facilities

14. Scoping report 39. Review and modification of mine

15. Assessment instruments 40. Monitoring and reporting

41. Closure certificate iii iv PART VII - ENVIRONMENTAL STANDARDS PART X – ADMINISTRATION OF ENVIRONMENTAL LICENCE

42. Environmental quality standards 67. Application for environmental licence

43. Effluent and emission quality 68. Legal effect of licence

44. Application of standards 69. Validity and renewal

45. Prohibition 70. Amendment of EIA or ESIA

46. Ambient water quality 71. Cancellation, suspension, and ex-officio modification

47. Effluent Standards. 72. Appeal

48. Effluent dilution and mixing prohibited. 73. Licence register

49. Air quality standards. 74. Stakeholders participation

50. Regulation of other parameters

51. Control and monitoring stations PART XI– MISCELLANEOUS

52. Monitoring by environmental licence holder 75. Existing licences and rights

53. Sampling protocol 76. Information disclosure

54. Penalties 77. Environmental management instrument.

78. Transfer obligations. PART VIII -– MONITORING AND INSPECTION 79. Financial assurance

55. Control and supervision 80. Cadastral survey map

56. Site visits 81. Suspension or cancelation of mineral rights

57. Random inspection 82. Category of penalties

58. Voluntary audit 83. Infringement.

59. Compulsory audit. 84. Penalty

60. Appointment of Auditors and cost. 85. Warnings

86. Notification and payment of fines PART IX–ENFORCEMENT 87. No exclusion

61. Grievance mechanism

62. Enforcement measures

63. Environmental offences

64. Standing

65. Duties of mineral right holder

66. Financial assurance. 172 STATUTORY INSTRUMENT NO. 10 OF 2013 Published 4th July, 2013 THE ENVIRONMENT PROTECTION AGENCYACT, 2008 (ACT NO. 11 OF 2008) THE ENVIRONMENT PROTECTION (MINES AND MINERALS) Short title. REGULATIONS, 2013 In exercise of the powers conferred upon the Board by section 62 of the Environmental Protection Act, 2008, the Board hereby makes the following Regulations - PART I - PRELIMINARY

1. These Regulations shall apply to- Application. (a) any person who wishes to undertake or cause to be undertaken any extractive industries project, including mining, quarrying, extraction of sand, gravel, salt and peat set out in the paragraph (f) of the First Schedule of the Act, for which an application for an Environmental Impact Assessment Licence is required under section 24; (b) body corporates and individuals applying for or issued minerals rights under the Mines and Minerals Act 2009.

2. In these Regulations unless the context otherwise requires Interpretation. : 2 3 “Act” means the Environment Protection Agency Act, “community entitlement” means any legitimate claim 2008; from a member of the Primary Host Community to the holder of mining permit for the implementation “adverse environmental impact” means a negative of any activities relating to the community effect on, or change in, the environmental quality development issues; resulting from mining activities; “Community Liaison Committee” means the committee “Agency” means the Environment Protection Agency mutually established by the applicant or holder of a of Sierra Leone established by section 2 of the mineral right and local communities to serve as the Environment Protection Agency Act, 2008; main consultation body between the applicant, the “applicant” means an individual or organization that holder of a mineral right and local communities for has submitted, or is in the process of submitting an social issues; application to the Board for an environmental licence or other form of approval in relation to these “compensatory measures” means measures to be taken Regulations; when mitigation is not feasible, cost effective or sufficient; “area of influence” means an area surrounding the project site that, through an environmental impact “corporate social responsibility” means a form of assessment, is determined to be affected by the corporate self-regulation and management whereby project; companies take responsibility for the environmental and social impact of their operations; “Audit Report” means a report from an environmental auditing firm summarizing the results and findings “Director of Mines” means the authorised officer of an environmental audit to a mining operation; assigned responsibilities under the Mines and Minerals Act, 2009; “Authorised Officer” means an employee of the Agency duly authorised by the Board or Executive “displaced persons” mean persons living in the project Chairman for a specified purpose; area that must move to another location and who- (a) have legal rights to the land they occupy; “Board” means the Board of Directors of the Environment Protection Agency; (b) have a claim to land that is recognized or recognizable by law; or “Community Development Agreement” (or CDA) means any Community Development Agreement (c) are experiencing loss of asset, access to entered into pursuant to Section 140 of the Mines income whether of temporary or permanent and Minerals Act, 2009 designed to promote nature due to the land acquisition process sustainable development and to enhance the general regardless of whether they are physically welfare and quality of life of the inhabitants; displaced or relocated or not; 4 5 “environmental best practice” means the application “environmental audit” means the process of examining, of internationally recognised standards and documenting and verifying that a mining operation practices for the protection of the environment in is complying with environmental laws and mining activities; regulations, as well as with the EIA goals and requirements; “Environmental Impact Assessment” (or EIA) consists of an environmental impact assessment study and “environmental impact” means the direct or indirect an environmental impact assessment report that consequences of reconnaissance, exploration, small- focuses on environmental issues and describes the scale and large scale operations on the environment impacts that the proposed project is predicted to including water, air, climate, land, land use and have on bio-physical conditions if implemented, natural resources, geology, topography, soils, together with proposals for avoiding, mitigation or vegetation, wildlife that affects life in general, compensation for adverse effects, and includes an wellbeing , health, personal safety, cultural heritage ESIA(as the context may require); or legitimate means of livelihood and any cumulative effects on the above; “Environmental Management Plan” (or EMP) means an Environmental Management Plan produced as a “environmental licence” means an Environmental result of an environmental impact assessment which Impact Assessment Licence issued under the Act; shall describe how the applicant will implement all recommendations, commitments and obligations “Environmental and Social Impact Assessment” (or ESIA) means a simplified or limited Environmental designed to avoid, minimise, ameliorate or Impact Assessment which incorporates sections on compensate for adverse environmental impacts social impacts and is appropriate for projects that identified in the relevant Environmental Impact require more limited environmental and social Assessment; analysis than an Environmental Impact Assessment as their negative effects on the environment and the “environment” means land, air, water and all plants, community can be eliminated or minimized by simple animals and human beings living therein and the and easy to implement measures; inter-relationship which exists among these or any of them; “Environmental and Social Management Plan” (or ESMP) means environmental and social management “environmental assessment” means, the systematic plan provided as part of an application for artisanal identification, prediction and evaluation of a proposal mining; including the mitigation and management of those “environmental offence” means an act that has directly effects; the process extends from the initial concept or indirectly harmed the environment or an of the proposal through implementation to infringement or violation of an obligation imposed completion and where appropriate decommissioning. by the Act or these Regulations; 6 7 “Executive Chairman” means the Executive Chairman (c) to receive and address specific concerns of the Board of Directors of the Agency; about compensation and relocation that are raised by displaced persons or members of “exploration” means operations carried out to search local communities and host communities; for minerals and mineral deposits and includes operations to test the mineral bearing qualities of “holder of a mining permit” means a person or body the land, define the extent and determine the corporate who has been granted a permit for dredging economic value of mineral deposits; or developing radioactive mineral activities issued “force majeure” means floods, landslides, riots and under the Mines and Minerals Act, 2009; civil insurrection which prevent the holder of a mining right from performing its obligations under a “holder of a mineral right” means a person or body contract as long as such event or circumstance was corporate who has been granted a licence under the neither foreseen nor foreseeable at the Mines and Minerals Act 2009; commencement of the holder of the mining right’s mining activities and are out of its control and the “inspection” means the process of entering land or holder of a mining right has taken reasonable care buildings in order to examine, investigate, test, and diligence to mitigate such event or circumstance; compare, analyse and duplicate documents, materials and data for the purpose of verifying compliance “frivolous or vexatious claims” means any claim as with these regulations and gather evidence; determined by a court of competent jurisdiction, which has been instituted maliciously or repetitively “large-scale mining” means the intentional mining of and without probable cause or has been lodged by a minerals in mechanised operations exceeding twenty party or its attorney which are knowingly aware that metres in depth or involving the sinking of shafts, such claim lacks merit, proper due diligence, legal drilling of adits or other various underground argument and/or a sound factual justification; opening exceeding twenty meters; “Government” means the Government of Sierra Leone; “life cycle of the project” means all the phases of mining activity including reconnaissance, exploration, “grievance mechanism” means a mechanism – development, exploitation, beneficiation, and (a) to receive and facilitate resolution of closure; concerns and grievances about the holder of a mineral right’s environmental and social “local community” means any community of the local performance, population within the project’s general area of influence who are likely to be affected by the project (b) for workers (and their organizations, where and shall also include local populations who are they exist) to raise reasonable workplace either directly or indirectly affected by the project; concerns, and 8 9 “Mine Closure Plan” means a plan comprising (c) construction of mineral export ports, maritime proposals for managing the progressive restoration facilities and associated mineral transporta- (where practicable) of worked-out mine areas and tion system from mine site or in-land deposits; the ultimate closure and restoration or rehabilitation and of the mine site upon cessation of mining operations; (d) construction of mineral concentrate depots “Minerals Advisory Board” means the Board or other facilities outside the licence area; established by section 11 of the Mines and Minerals Act, 2009; “monitoring” means the continuous or periodical procedures implemented by the holder of a mineral right, the Board, the Executive Chairman or “mineral rights” means a right to explore for or to mine Authorized Officer to monitor, measure, sample, minerals by the hold of a valid reconnaissance record and analyse all environmental and social licence, exploration licence, artisanal mining licence, aspects of mining activities including dynamic small scale mining licence, or large scale mining mechanisms, such as inspections and audits, where licence, issued under the Mines and Minerals Act, relevant, to verify compliance and progress toward 2009; the desired outcomes adjusted according to performance experience and feedback; “mining right holder obligation” means a commitment, condition or undertaking to act, or an agreement to “primary host community” means community as omit from acting imposed upon the holder of a mining defined in subsection (2) of section 139 of the Mines permit pursuant to these Regulations, the Act or the and Minerals Act, 2009; Mines and Minerals Act, 2009, which shall include any community entitlement” which has been agreed “project area” means the area covered by the mining between the Primary Host Community and the holder right licence; of a mining permit; “reconnaissance licence” means a reconnaissance “mining activities” mean those activities undertaken licence granted by the Minister of Mines under by a mineral right holder and in accordance with the section 58 of the Mines and Minerals Act 2009, that restrictions and obligations of the various licences does not exceed ten thousand square kilometers; including but not be limited to the following – “Resettlement Action Plan” (or RAP) means the comprehensive plan as further defined in any law (a) mining, quarrying, extraction of sand, gravel, relating to the resettlement of local communities; salt; “Resettlement Committee” means an inter- (b) the establishment and operation of industrial governmental committee established pursuant to any plant used in mineral processing, power law relating to the resettlement of local communities plants, smelting plants, and refineries; designed to review, approve, monitor and evaluate resettlement activities in Sierra Leone; 10 11 “Resettlement Management Plan” (or RMP) means the “Social Impact Assessment” (or SIA) means a social framework broadly identifying the objectives, impact assessment study and social impact principles, policies, procedures, organizational assessment report which describes the full range of arrangements and the timeframe and cost for dealing social, economic and health issues affecting local with resettlement, as further described in any law communities, predicts significant adverse social relating to the resettlement of local communities; impacts and sets out proposals for avoiding, “Resettlement Policy Framework” means the broad mitigating or compensating for adverse effects; principles by which the applicant sets forth its proposals for managing all stages of resettlement as “Social Management Plan” (or SMP) means a social further described in any law relating to the management plan which describes how the applicant resettlement of local communities; will implement all recommendations, commitments and obligations to avoid, minimise, ameliorate or “screening” means the process carried out by the compensate for adverse social impacts identified in Executive Chairman in consultation with the Board the relevant social assessment instrument; by which a decision is taken on whether or not an EIA is required, and what type of EIA is appropriate for a particular project; “social impact” means the consequences of exploration, small-scale, and large-scale operations “scoping or scoping study” means the process of in the way people organize their economic system, identifying the content and extent of the the way they live, work, relate to one another, environmental information to be included in an organize themselves, and the way they develop and Environmental and Social Impact Statement; share values, attitudes, beliefs, institutions, and perceptions of their surroundings, including other “scoping report” means a report containing the people and the biophysical environment; findings and recommendations of a scoping study; “stakeholder” means any persons or groups that are “Strategic Environmental and Social Assessment” (or directly or indirectly affected by a project as well as SESA) means a strategic environmental and social assessment for mining districts within which artisanal those that may have interests in a project or the mining is a major activity; ability to influence its outcome either positively or negatively and the term “stakeholders” include “small-scale mining” means the intentional mining of locally affected communities and individuals and minerals in mechanised operations not exceeding their formal and informal representatives, twenty metres in depth or involving the sinking of government, politicians, religious leaders, civic shafts, drilling of adits, or other various organisations, and other groups with special underground openings; interests, the academic community, employees, their families and employee representatives, other “social assessment” means in respect to a mining businesses, financiers, shareholders and joint project, the process of undertaking a Social Impact venture partners; Assessment in accordance with the Act, the Mines and Minerals Act, 2009 and these Regulations; 12 13 “sustainable development” means the pattern of use (b) POLLUTER PAYS of natural resources that meets the needs of the (i) The cost of pollution avoidance, prevention, present generation without compromising the ability control, remediation and compensation shall of future generations to meet their own needs. be borne by the polluter in accordance with the principles of international environmental PART II - PRINCIPLES AND ACCOUNTABILITY law application of 3. (1) The principles outlined under sub-regulation (2) shall (ii) For the avoidance of doubt, this principle principles be applied by- shall be applicable to any kind of environmental or social impact derived from (a) the Agency when dealing with matters related the development, construction, operation to environmental and social management of and management of mining activities. proposed or ongoing mining activities. (c) PRECAUTIONARY COST-EFFECTIVE (b) any other authority whether administrative MEASURES or judicial, whenever its participation, (i) when a mining activity raises threats of intervention or decision on matters relating serious or irreversible harm to public health to the environmental and social impacts of or the environment, the lack of full scientific mining is required under applicable laws or certainty of a detrimental outcome shall not regulations. be used as reason for postponing precautionary cost-effective measures to (2) The principles referred to under sub-regulation (1) prevent damage to human health or are as follows - environmental degradation. (a) SUSTAINABILITY (ii) The burden of proof in relation to the Every mining operation shall be carried out precautionary principle resides with the in a sustainable manner that is reasonably holder of the mining rights. practicable in order to minimize, mitigate or eliminate negative environmental and social (d) LEGAL RESPONSIBILITY FOR ENVIRON- adverse impacts including but not limited to MENT pollution resulting from such operation in (i) The holder of a mineral right shall be accordance with the Environment Protection responsible for the environmental and social Agency Act, 2008, subsection (1) of section impacts of their activities, as well as for 132 and subparagraphs (xii) and (xiii) of managing these impacts. paragraph (b) of subsection (1) of section 133of the Mines and Minerals Act 2009. (ii) Every holder of a mineral right shall carry on its operations in a manner that is reasonably practicable-so as to prevent, minimize, 14 15 manage and mitigate any adverse (f) OBLIGATION TO IMPLEMENT environmental impact including but not ENVIRONMENT MANAGEMENT limited to pollution resulting from such INSTRUMENT operations and any adverse social impact in accordance with the Act, and the Mines and The holder of a mineral right shall comply Minerals Act, 2009. with and operate in accordance with the environmental management instrument approved by the Board. (iii) Every holder of a mineral right is legally obliged to keep emissions and effluents (g) ACCESS TO INFORMATION resulting from its operations under the (i) Every local community shall have access to maximum level of pollutant concentration information held by the Board and the permitted by these Regulations and they shall Minerals Advisory Board concerning the manage and control residues, wastes, toxic environmental and social effects of proposed substances and other contaminants in order or on-going mining activities. to ensure that they will not cause adverse effects on the environment and public health. (ii) The Board and the Minerals Advisory Board shall inform communities of the existence and (e) PROTECTION OF AFFECTED COMMUNI- content of communities’ rights to access TIES information relating to the social, environ- Every holder of a mineral right shall protect mental and economic impact of mining the surface rights of those within and in close activities. proximity to a mining area and shall- (iii) Every holder of a mineral right shall make all (i) obtain consent from lawful landowners and approved Environmental Impact Assess- occupiers prior to entering lands and ments, Social Impact Assessments, commencing exploration or other mining Environmental Management Plans and Social activities; Management Plans available on its official website free of charge. (ii) wherever possible, allow lawful landowners and occupiers to graze livestock and (h) PUBLIC PARTICIPATION cultivate land; (i) Every holder of a mineral right shall provide an opportunity for local community and the (iii) pay fair compensation for land use and Primary Host Community to participate in disturbances; and consultations relating to environmental and social matters in accordance with paragraph (iv) where necessary, provide a resettlement (a) of subsection (2) of sections 133 and option which is equivalent to or better than paragraph (f) of subsection (1) of sections their current living environment. 140 of the Mines and Minerals Act 2009. 16 17 (ii) Every mineral right holder, in complying with holders make information on the environmen- Regulation 4 shall be guided by the following tal and social impact of proposed and on- rules - going mining activities widely available. (a) all information provided shall be transparent (iv) The Executive Chairman or Authorised and honest; Officer shall where practicable, make all (b) there shall be no discrimination on the approved Environmental Impact Assess- grounds of race, sex, ethnicity, culture, ments, Social Impact Assessments, Environ- socioeconomic status or political views; mental Management Plans and Social Management Plans available on the (c) cultural diversity, including values, customs, Agency’s website. and the traditions of individuals and communities shall be respected; (i) PUBLIC CONSULTATION (i) Every mining licence holder shall hold (d) information shall be communicated in the consultations with key stakeholders from the language most commonly used by the earliest stages of a mining project throughout affected parties, in a clear and simple to mining operations and mine closure. understand structure; (e) local needs and circumstances are taken into (ii) Public consultation and participation in consideration; reconnaissance, exploration, small- scale, and large-scale mining shall be guided by the (f) all sectors and interests of society shall be following rules - well represented, including women, the elderly and youth; (a) local communities shall have the right to receive and access public information in a (g) there shall be no discrimination based on any timely and transparent manner; of the grounds contained in international human rights legislation; and (b) local communities shall have the right to (h) joint-problem solving shall be promoted participate responsibly in decision-making through continuous dialogue and local processes pertaining to mining projects that traditions. affect their interests, provided that the claims are not frivolous or vexatious; (iii) The Executive Chairman or Authorised Officer shall facilitate and encourage public (c) local communities shall have the right to awareness and participation by ensuring that receive copies of the social management plan environmental licence and mineral right at no cost and the applicant shall raise awareness within the community about the contents of the plan; 18 19 (d) local communities shall have the right to (ii) The rule established in paragraph (i) shall monitor the implementation of provisions also apply in the event of any variation, contained in the social management plan, suspension, amendment or any other matter provided that such monitoring shall in no way adversely affecting the status of the impede the applicant from fulfilling its environmental licence. obligations under these Regulations; and (l) APPOINTMENT OF CORPORATE (e) local communities shall have the right to denounce any matter concerning the violation ENVIRONMENTAL OFFICER of their civil and human rights. (i) The holder of, or applicant for an exploration, (iii) Recognising the differences between mineral small scale or large scale mining licence shall rights, applicants for an environmental appoint a corporate environmental officer, licence shall engage in consultation with all and may also appoint a deputy corporate relevant stakeholders as early as possible and, environmental officer, who shall be in charge at a minimum, prior to the submission of an of the environmental control of the mineral application for an environmental licence to right holder´s mining operations, and shall the Board. be the primary contact person for the Board, the Executive Chairman, Authorised Officer (j) JOINT AND SEVERAL LIABILITY and third parties for environmental and social purposes. Where two or more persons constitute the holder of a mineral right, those persons shall (ii) In the absence of an individual with be jointly and severally liable for the payment appropriate skills, the holder of or applicant of all costs, damages and or indemnities for, an artisanal mining licence shall assume arising from any adverse environmental the status and responsibilities of the impact and social impact (which shall include corporate environmental officer. any human rights violations) resulting from their mining activities on the environment, (iii) The corporate environmental officer shall the local community and the Primary Host have a comprehensive knowledge of the Community. characteristics of the mineral right holder´s mining operations, and shall collect compile (k) INDEPENDENT LIABILITY and manage and keep, in good order for inspection purposes, up-to-date information (i) The termination, expiration, suspension, on the mineral right holder’s environmental cancellation, revocation, forfeiture, attach- and social performance. ment, pledge, relinquishment, surrender, reduction of area, ceasing of operations, or (iv) The holder of an exploration, small scale any other matter affecting the status of the licence or large scale mining licence shall, mining right licence or permit shall not within thirty days of the coming into force of prejudice any environmental or social these Regulations, inform the Executive obligations or liabilities incurred by the Chairman or Authorised Officer of the holder. 20 21 appointment of the corporate environmental (b) ensure that his actions and operations in officer and if one is appointed, a deputy relation to the Local Community and the corporate environmental officer. Primary Host Community comply with all laws in force in Sierra Leone including international (v) The corporate environmental officer shall inform the Executive Chairman or Authorised human rights instruments to which Sierra Officer of any major incidents that has or is Leone is a party; likely to give rise to adverse environmental impact or social impact. (c) conduct consultations and negotiations with displaced persons and affected communities (m) BEST ENVIRONMENTAL PRACTICES in good faith and in an open and transparent manner in accordance with paragraph (f) of The holder of a mineral right shall conduct subsection (1) of section 140 of the Mines his mining activities according to and Minerals Act 2009; environmental best practice and according to the philosophy of corporate social (d) facilitate the formation of a Community responsibility. Liaison Committee and, based on an agreed PART III-ADMINISTRATION budget, fund its basic operations, including transport costs for members to attend Environmental 4. (1) No person shall undertake or cause to be undertaken meetings and subsistence allowances for Impact any mining project; including reconnaissance, exploration, artisanal Assessment those travelling to meetings; and Licence mining, small scale mining, large scale mining, dredging and required for radioactive substances mining, specified in the First Schedule of the (e) prepare and implement a Resettlement mining Act, and for which an Environmental Impact Assessment Licence is Management Plan in instances of known or projects. required, unless that person obtains an Environment Impact potential involuntary displacement caused Assessment licence issued by the Agency in accordance with by mining activities in accordance with subsection (1) of section 24 of the Act. section 38 of the Mines and Minerals Act (2) Applications for Environmental Impact Assessment 2009. Licence and enquires on other administrative issues and procedures related to environmental protection in mining activities shall be 6. (1) For the purpose of establishing a consultative and Commu nity Liaison submitted to the Executive Chairman or Authorised Officer in monitoring framework between the licence holder and the primary Committee. accordance with Part X hostcommunity, as required under paragraph (f) of subsection (1) of section 140 of the Mines and Minerals Act 2009, the holder of a small- Responsibilities 5. Every holder of a mineral right shall - of mineral scale or large-scale mining licence shall establish a Community Liaison right holder. (a) carry on his operations in a manner that is Committee during the period in which he is undertaking a Social reasonably practicable in order to minimize, Impact Assessment in order to engage with communities, manage and mitigate any environmental stakeholders, individuals, potentially displaced persons and where impact including but not limited to pollution relevant, local communities who hold property or access rights to resulting from such operations and in lands located within the area targeted for acquisition by the mineral accordance with the Act and the Mines and right holder. Minerals Act 2009; 22 23 (2) A Community Liaison Committee referred to in sub- 8. (1) An applicant for a reconnaissance licence under Invasive regulation (1) shall represent the views of its constituents on all section 57 of the Mines and Minerals Act 2009 - reconnaissance social matters, with the mining right holder, regarding compensation and report back to its constituents on all matters, decisions and key (a) who intends to erect camps, temporary dates addressed and identified. buildings, take timber or water from a lake or watercourse, or construct weirs, dams or other (3) Members of the Community Liaison Committee shall impoundments, or intend to use intrusive comprise a Chairman, not being a local or Paramount Chief, nominated methods to collect geological information; or by the community and approved by the mineral right holder and the following other members at least two of whom shall be female - (b) whose operations are likely to cause disturbances to local communities through (a) one representative of a local and Paramount noise, vibration physical obstruction or other Chief; adverse social impacts, shall apply to the Board for an environmental licence in accordance (b) four representatives of the local community; with Regulation 19. (c) one representative of Civil Society appointed (2) Where a holder of a reconnaissance licence has from local interest groups, including not applied for an environmental licence and has been found to have teachers, workers’ unions representatives, adversely affected the environment or any monument or relic or caused health practitioners, women’s enterprises disturbance to local communities, he shall - (e.g. farming, beekeeping cooperatives), proposed by the community; and (a) promptly report such incident to the Board; and (d) one representative of the District Council or Local Government. (b) pay such fine or other penalty as may be imposed by the Board, including refusal of PART IV – RESTRICTING OR PROHIBITING RECONNAISSANCE environmental licence for applications for renewal of a reconnaissance licence and for Non-invasive 7. (1) Pursuant to paragraph (j) of section 57 of the Mines approval of proposed amendments to the reconnaissance and Minerals Act 2009, an applicant for a reconnaissance licence programme of reconnaissance under section who confirms in writing that his operations will have no adverse 63 and section 67 of the Mines and Minerals effects on the environment, local communities, any monument or Act, 2009 respectively. relic in the proposed reconnaissance area, shall be exempted from applying for an environmental licence. 9. (1) The Executive Chairman shall, after consultation with Strategic the Board, coordinate the preparation of a strategic environmental environmental (2) A confirmation in writing under sub-regulation (1) and social and social assessment for mining districts within which artisanal assessment of shall be made under oath and in accordance with the Statutory mining is a major activity. artisanal Declaration Act, 1835. mining areas 24 25 (2) A strategic environmental and social assessment shall (2) All Strategic Environmental and Social Assessments consist of - shall be widely disseminated and submitted to the Minerals Advisory Board and the Director of Mines. (a) a baseline description of the environmental, social and local economic conditions in the (3) Strategic Environmental and Social Assessments district; which relate to a specific area shall be submitted to the relevant district authorities for consideration in preparing community (b) an analysis of the existing artisanal mining development agreements. practices within the area, including the number and ownership of existing licences, 10. (1) Applications for an artisanal mining licence made in Application the physical extent of workings, the number accordance with paragraph (e) of sub-section (2) of section 85 of the for artisanal mining of miners and dependants, the contribution Mines and Minerals Act 2009, shall be accompanied by a statement licence. to the local economy from mining activities giving particulars of the likely effects of the proposed mining and impacts of mining activities on other land operations on the environment and on the local population. uses; (2) The Director of Mines shall consider the relevant (c) a description of the nature and extent of Strategic Environmental and Social Assessment recommendations adverse and beneficial environmental and and ESIS when determining whether to refuse or grant an artisanal social impacts, and an account of any mining licence under section 86 of the Mines and Minerals Act, 2009. restoration and rehabilitation work undertaken within the district; 11. (1) Any applicant who wishes to undertake any extractive Project industries project, including mining, quarrying, extraction of sand, screening applications (d) a statement of prospects for further mining gravel, salt, peat, set out in paragraph (f) of the First Schedule of the activities if extraction licences were to be Act, shall submit a project screening application to the Executive granted; Chairman or Authorised Officer to request determination of the project category for environmental and social assessment. (e) a report on the opinions and attitudes of all stakeholders, including local communities; (2) Notwithstanding this Regulation and Regulation 20, and all mineral activities falling under paragraphs (e) and (f) of the First Schedule of the Act shall be subject to this Regulation. (f) recommendations on the management of artisanal mining areas, including potential (3) For the avoidance of doubt, mineral extraction shall restrictions on activities, the number of include mechanical excavation, dredging, solution mining and the artisanal mining licences to be granted at any recovery of radio-active materials. one time, and requirements for the treatment of abandoned mining areas and rehabilitation (4) Project screening applications referred to in sub- of all existing workings either progressively regulation (1) shall contain information specified in subsection (1) of or on cessation of mineral extraction. section 133 of the Mines and Minerals Act 2009, including - 26 27 (a) on the area of the intended project and (d) establish the corresponding environmental information on its current uses and physical, and social management instruments that biological and social environment; and correspond to the project Mine Closure Plan (MCP), Environmental Management Plan (b) on the nature of the project, the intended (EMP), Social Management Plan (SMP), work plan and the anticipated implications Community Development Agreement (CDA), on the environment and social conditions. Resettlement Management Plan (RMP) as indicated under Chart A . (5) Project screening applications referred to in sub-regulation (1) shall be submitted in such form as specified in the Second (2) In assessing the project screening application, the Schedule. Executive Chairman or Authorised Officer shall apply the criteria specified in the Third Schedule . (6) Within fourteen days of the receipt of an application under sub-regulation (1), the Executive Chairman or Authorised Officer shall (3), The Executive Chairman or Authorised Officer shall assign the applicant one of four categories (A, B, C or D) based on complete the screening process and notify the applicant of its decision the environmental and social impact screening criteria specified in within a period, not exceeding fourteen days, from the date of the Third Schedule. submission of the application in accordance with subsection (1) of section 25 of the Act. Project 12. (1) The project screening application shall be reviewed categorisation by theExecutive Chairman or Authorised Officer in order to- (4) The Executive Chairman or Authorised Officer shall keep a record of the screening decisions and supporting information, (a) identify the nature and scale of the which shall be included in the register established and maintained for environmental and social impact that the that purpose. proposed project is likely to produce; (b) determine the category (A, B, C or D) to which the project is to be assigned; (c) establish the environmental and social assessment instruments that correspond to the project (Environmental Impact Assessment (EIA), Social Impact Assessment (SIA), Environmental and Social Impact Assessment (ESIA), or Code of Practice) as indicated in Chart A ; and 28 29 Chart A 13. (1) Any applicant submitting a Project Screening Appeal Application may appeal to the Board for reconsideration of the against Project PROJECT PROJECT ENVIRONMENTAL ENVIRONMENTAL IMPACT CATEGORY AND SOCIAL AND SOCIAL category determined by the Executive Chairman or Authorised Officer category. ASSESSMENT MANAGEMENT on payment of an additional fee to cover the administrative expenses INSTRUMENT INSTRUMENT of the appeal. The project A EIA + SIA MCP will produce EMP (2) Where an appeal is upheld by the Board and a lower significant SMP category is agreed the appeal fee shall be repaid to the applicant. adverse CDA environmental RMP and social impacts (3) The period for consideration of any appeal shall be that are likely to four weeks. result in the need for resettlement (4) The decision of the Board shall be final and binding. The project B EIA + SIA MCP will produce EMP 14. (1) Applicants for category A and B projects shall submit scoping significant SMP a scoping report to the Executive Chairman or Authorised Officer report adverse CDA(where required) environmental specified in the Fourth Schedule. impacts with moderate social (2) The Executive Chairman or designated officer in effects not consultation with the Board shall review the scoping report and advise involving the need for the applicant, within a period of 21 days from the date of submission, resettlement of any modifications to the scope of the assessment or additional information that may be required. The project C ESIA Simplified will have MCP moderated Combined (3) Applicants for a Category C Project shall not be environmental EMP/SMP required to submit a scoping report but may submit a draft of the and/or social ESIA to the Executive Chairman or Authorised Officer with a request impacts which negative effects for guidance on any additional subject matter that may be required to can be eliminated be covered. or minimized by simple and easy 15. (1) The environmental and social assessment instruments Assessment to implement measures indicated under Chart A of regulation 12 shall comprise the the instruments following- The project D Code of Practice does not involve Disclosure + (a) an Environmental Impact Assessment (EIA) significant consisting of an EIA study and environmental environmental Declaration impact assessment report that focuses on and/or social impacts environmental issues and describes the 30 31 impacts that the proposed project is (d) an Environmental Code of Practice, as predicted to have on bio-physical conditions specified in Eighth Schedule which shall if implemented, together with proposals for apply to all projects where the Board is avoiding, mitigating or compensating for satisfied, on the evidence presented by the adverse effects, in accordance with section applicant, that the project will not have 26 of the Act and subsection (2) of section significant environmental impacts. 131 of the Mines and Minerals Act 2009 and as further specified in the Fifth Schedule; (2) Based on the project categorisation referred to in Regulation 12, the applicant shall use the corresponding (b) a Social Impact Assessment (SIA) consisting environmental and social management instrument in preparing an of a social impact assessment study and environmental licence application. social impact assessment report which

16. The environmental and social assessment management Management describes the full range of social, economic instruments indicated under Chart A of regulation 12 shall comprise Instruments and health issues affecting host communities, the following - predicts significant adverse social impacts and sets out proposals for avoiding, (a) a Mine Closure Plan consisting of proposals mitigating or compensating for adverse for managing the progressive restoration of effects, in accordance with clause (v) of worked-out mine areas and the ultimate paragraph (b) of subsection (2) of section closure and restoration or rehabilitation of 112 and subparagraph (xii) of paragraph (b) the mine site upon cessation of working as of subsection (1) of section 133 of the Mines specified in the Ninth Schedule and in and Minerals Act 2009 and paragraphs (d) accordance with clause (iii) of paragraph (c) and (e) of the Third Schedule of the Act and of subsection (1) of section 140 of the Mines as further specified in the Sixth Schedule; and Minerals Act 2009,. (c) an Environmental and Social Impact (b) an Environmental Management Plan Assessment (ESIA) consisting of a report describing how the applicant will implement containing a simplified or limited EIA which all recommendations, commitments and incorporates sections on social impacts and obligations designed to avoid, minimise, health impacts and is appropriate for projects ameliorate or compensate for adverse that require more limited environmental and environmental impacts identified in the social analysis than an EIA as their negative relevant environmental assessment instru- effects on the environment and the ment, as specified in the Tenth Schedule and community can be eliminated or minimized in accordance with paragraph (a) of by simple and easy to implement measures, subsection (1) of section 115 and clause (xv) as specified in the Seventh Schedule; of paragraph (b) of subsection (1) of section 133 of the Mines and Minerals Act, 2009; 32 33 (c) a Social Management Plan as specified in the (a) there is evidence that the applicant engaged eleventh schedule which shall- landowners or rightful occupiers in open and transparent negotiations and obtained their (i) describe how the applicant will consent to use land for mining purposes; and implement all recommendations, commitments and obligations to avoid, minimise, ameliorate or compensate for (b) appropriate procedures within the social adverse social impacts identified in the assessment and management instruments to relevant social assessment instrument; engage the local community and the Primary Host Community have been implemented. (ii) include a community consultation and participation plan and a grievance (3) An applicant for an Environmental Licence shall management plan pursuant to Sections complete and submit the application form as specified in the Fifteenth 138, 139 and paragraph (f) of subsection Schedule together with a written statement confirming the status of (1) of section 140 of the Mines and Minerals Act 2009; any agreement between the applicant and landowners or rightful occupiers of the land, including details relating to compensation (iii) include a community development arrangements with landowners or rightful occupiers. agreement as required under Section 140 of the Mines and Minerals Act 2009 (4) The Executive Chairman or Authorised Officer shall and the applicant for an environmental carry out prior consultations with the Minerals Advisory Board in licence shall include appropriate details order to ascertain the status and relevance of the applicants’ of the planned agreement as specified negotiations, to social and community issues that affect the granting in the Twelfth Schedule; and of an environmental licence pursuant to sections 35, 36 and 37of the Mines and Minerals Act, 2009. (iv) include a Resettlement Management Plan for the purposes of subsection (3) (5) Where an agreement is not reached relating to the of section 38 of the Mines and Minerals payment of compensation, the amount of compensation to be paid Act 2009, shall be determined by the Director of Mines, acting on the advice of Consent to the Minerals Advisory Board, in accordance with subsection (6) of

17. (1) An applicant for an environmental licence shall inform, use land for section 35 of the Mines and Minerals Act 2009. mining consult with and obtain the consent of landowners or rightful purposes occupiers to use the land for mining purposes in accordance with

18. (1) An applicant for an environmental licence shall Sustainable section 32 and paragraphs (f) and (g) of subsection (1) of section 78 development engage the local community and the Primary Host Community at the interventions. of the Mines and Minerals Act 2009 and as specified in the Thirteenth earliest opportunity in order to encourage community participation Schedule. and ownership of sustainable development interventions in accordance with section 138 of the Mines and Minerals Act 2009 and (2) An environmental licence shall not be granted as specified in the Fourteenth Schedule. to an applicant under the Act unless- 34 35 (2) All sustainable development intervention under sub- (2) In the case of Category A and B Projects, the Board regulation (1) shall be designed to- shall review the EIA and SIA and accompanying management instruments and approve or reject them within a period of twelve (a) identify all relevant social issues that could weeks from the date of submission, this period may be extended if the give rise to harmful or negative effects on Board requires clarifications from the applicant. the local community and the Primary Host Community; and (3) In the case of Category C Projects, the Board shall (b) guide the identification of d e v e l o p m e n t review the ESIA and approve it or reject it within a period of six weeks priorities, joint planning, implementation, from the date of submission. management, and monitoring of sustainable development projects. (4) The Board shall only grant an environmental licence in relation to projects in Category A and B where it is satisfied that (3) An applicant for an environmental licence shall submit appropriate screening and review of the relevant application details a completed application form as specified in the Fifteenth Schedule and environmental and social management instruments have been confirming that all necessary steps have been taken to address the conducted and that any significant adverse environmental impacts issues listed in sub-regulations (1) and (2). and social impact can be mitigated or ameliorated sufficiently enough to allow sustainable development of mining activities. (4) The Executive Chairman or Authorised Officer shall carry out prior consultations with the Minerals Advisory Board in order to ascertain the progress in negotiating a Community (5) For all applications for Category C Projects involving Development Agreement and the relevance of the applicant’s more minor environmental and social issues, the Board shall determine programme to social and community issues that affect the granting the environmental impact assessment licence by giving due weight of an environmental licence. to both environmental and social considerations as set out in the ESIA. Environmental 19. An applicant for an environmental licence shall complete licence application and submit to the Executive Chairman or Authorised Officer, the 21. (1) Where a Category A Project application involves the Projects involving application form specified in the Fifteenth Schedule and 3 copies potential for resettlement, the Executive Chairman or Authorised resettlement each, of documents submitted with the application specifying – Officer shall refer the SIA and the SMP to the appropriate authority responsible for resettlement for its consideration. (a) the project category to which the application applies; and (2) The appropriate authority responsible for resettlement shall review the SIA, the SMP and the RMP in accordance with the (b) where and when the relevant documents have criteria set out in any law relating to the resettlement of local been deposited for public inspection. communities and make recommendations in accordance with the procedures described therein. Review of 20. (1) The Executive Chairman or Authorised Officer shall applications. (3) For Category A Projects involving potential examine the application and confirm in writing within 14 days whether or not the required type and number of documents have been resettlement the Board shall consider the SIA in the light of comments submitted relative to the project category. and recommendations provided by the appropriate authority responsible for resettlement. 36 37 Inadequate 22. (1) Where an EIA, SIA or ESIA is returned to the applicant (4) The Executive Chairman or Authorised Officer shall environmental and social by the Board on the basis of inadequacy, the Board shall state its compile a comprehensive list of all comments received from public assessments reasons and indicate the steps required by the applicant to rectify consultation including details of the comments and who provided the inadequacy within a period of 21 days as specified in paragraph the comments. (b) of subsection (2) of section 28 of the Act. (5) All documents submitted to the Executive Chairman (2) Subject to sub-regulation (1), the application for an or Authorised Officer as part of an application for an environmental environmental licence shall be held in abeyance until the required licence shall be reviewed by officers with the relevant technical skills, rectification of the inadequacy has been made and the relevant discipline and experience. environmental or social management instruments have been resubmitted. (6) The documents referred to in sub-regulation (1), together with a report of the internal evaluation and list of public (3) In the event that the necessary rectification of the comments prepared by an Executive Chairman or Authorised Officer inadequacy referred to in sub-regulation (1) are not addressed or the and endorsed by the Executive Chairman shall be submitted to the relevant document is not resubmitted within 21 days, the application Board at least five days prior to the Board meeting in which the issue for an environmental licence shall lapse. is to be addressed. (4) The Board may agree to extend the deadline outlined (7) The Board may, by simple majority decision, either- in sub-regulations (1) to (3) at its discretion on the basis of a reasonable case for an extension submitted by the applicant. (a) approve the documents and application and request the Executive Chairman to grant an Review of 23. (1) After receipt of the application documents for an environmental licence, licence application environmental licence, the Executive Chairman or Authorised Officer shall widely disseminate and distribute the documents to local (b) conclude that there are inadequacies in the communities in order to raise awareness of its contents and seeks assessments and return the application and comments thereto. documents to the applicant with the option of rectifying the inadequacies and (2) The Executive Chairman or Authorised Officer shall resubmitting them within 21 days. disseminate notice to the public and the local community of all Category A, B and C projects through a variety of information outlets (c) conclude that the scale of adverse environ- including radio broadcasts, posting details of the Category A, B or C mental or social impacts is so great, and is project in local community, facilitate meetings with local community incapable of being avoided, mitigated or groups or civil society groups. compensated for, such that an environ- mental licence shall not be granted. (3) Members of the public and the local community shall be given fourteen days from the date of the last dissemination of (8) The quorum of the Board for any decision to grant a information to submit written comments to the Executive Chairman or Category A or B environmental licence shall be two-thirds of appointed Authorised Officer. members. 38 39 PART V – OBLIGATIONS OF AN ENVIRONMENTAL LICENCE (2) The authors of the Annual Social Report prepared HOLDER and disseminated by the holder of the mineral right under regulation (1) shall not subsequently be engaged in any form of independent Updating 24 (1) The holder of an environmental licence shall prepare auditing relating to the same licence area. Enviromental an Environmental Management Plan and a Social Impact Management Management Plan and Plan and shall - 27. An environmental licence holder shall include a schedule Environmental social Impact of the holder of the mineral right’s internal sampling and inspection and Social Performance Management (a) review the contents of such plans on each programmes covering all areas of environmental and social monitoring Monitoring Pla n anniversary of the commencement of works as an appendix to the Environmental Management Plan and the Social Management Plan. (b) update the plans to accommodate any changes that have occurred in the method of 28. (1) For Category A and B projects, the holder of a mineral Financial mining, and area of operations, or other right shall establish itemised costs for the restoration plan including assurance. activities that could affect environmental all progressive restoration proposals and costs associated with the protection and ultimate restoration or Mine Closure Plan prior to commencement of work in the manner rehabilitation of the affected areas . specified in the Sixteenth Schedule relating to financial assurance. (2) The holder of an environmental licence shall submit (2) Based on the outline costs, to be agreed with the an updated Environmental Management Plan and a Social Executive Chairman in consultation with the Board, the holder of a Management Plan to the Director of Mines and the Board within one mineral right shall, prior to commencement of work, provide financial month of the anniversary of the commencement of works. assurances to the full value of the restoration, rehabilitation and remedial works contained within the Mine Closure Plan to the Annual 25. (1) The holder of a mineral right shall prepare an Annual satisfaction of the Board. Environmental Report Environmental Report in accordance with Section 134 of the Mines and Minerals Act 2009 and submit this report for monitoring purposes (3) Estimates of costs in sub-regulation (1) shall be simultaneously to the Director of Mines and the Board revised annually in the light of practical experience on the site and the level of financial assurance shall be adjusted accordingly in (2) The authors of the Annual Environmental Report accordance with subsection (3) of section 136 of the Mines and prepared and submitted by the holder of the mineral right under Minerals Act 2009. regulation (1) shall not subsequently be engaged in any form of independent auditing relating to the same licence area (4) For Category C projects, the holder of a mineral right shall provide the Executive Chairman or Authorised Officer with a Annual Social 26. (1) The holder of a mineral right shall prepare an Annual budget of costs relating to the mine closure. Report Social Report in accordance with Section 134 of the Mines and Minerals Act 2009 and shall widely disseminate the report amongst 29. (1) Acceptable forms of financial assurance include a Forms of Assurance the local community and submit copies of the same to the Minerals surety bond, a trust fund with pay-in period, an insurance policy, a Advisory Board and the Board. cash deposit or annuities, or any combination of these in the manner specified in the Sixteenth Schedule and in accordance with subsection (4) of section 136 of the Mines and Minerals Act 2009, 40 41 (2) The financial assurance mechanism to be used for (3) A mineral right holder’s obligations and liabilities shall any specific project shall comply with the standards contained in the continue until a closure certificate has been delivered in accordance Sixteenth Schedule. with Regulation 41, provided that a mineral right holder’s obligations Presentation 30. Where the mineral right holder fails to present the financial shall not be limited by the expiration of the mineral right nor with the of financial assurance by the start-up date for the commencement of mining whole or partial suspension, cancellation, revocation, forfeiture, assurance activities as notified by the construction contractor, the environmental attachment, pledges, relinquishment, surrenders, reduction of area, licence shall be suspended in accordance with subparagraph (ii) of ceasing of operations, or any other circumstances affecting the status subsection (1) of section 34 of the Act. of the mining right licence or the environmental licence. Temporary 31. (1) Where the holder of a mineral right intends to Suspension of temporarily suspend its mining activities, it shall present a care and 33. (1) For Category A and B projects, an applicant shall Mine Closure activities Pla n maintenance programme to the Agency for approval by the Board. produce a Mine Closure Plan which shall include all technical and legal measures that need to be implemented by the holder of a mineral (2) The care and maintenance programme referred to in right in order to rehabilitate the areas disturbed by its operations and sub-regulation (1), shall be prepared in the format specified in the to eliminate actual or potential risks to the environment and to public Seventeenth Schedule. health and safety. (3) The period of temporary suspension referred to in sub-regulation (1), shall not be longer than two years and where (2) For Category C projects , the applicant shall produce mining activities are suspended for more than two years the holder of a conceptual mine closure plan which shall be included in the ESIA. a mineral right shall enter into final closure and implement the closure plan as approved by the Board. (3) The mining areas shall be restored to their (4) The holder of the mineral right shall ensure that the preoperational ecological conditions whenever feasible, or otherwise, financial assurance provided under Regulation 30 shall continue in to an environmental condition appropriate for sustainable alternative full force and effect during any temporary suspension of mining uses acceptable to the Board. activities. (4) The conceptual closure plan shall include a budget of PART V1 - CLOSURE OF MINING ACTIVITIES costs in relation to the mine closure. Mine closure 32. (1) A mineral right holder shall bring mining activities to obligations. a close at the end of extraction and related activities, whether during (5) A detailed Mine Closure Plan shall be submitted for the period of or on termination of its mineral right, by ensuring that approval by the Board, together with the financial assurance, at least the mine area is left in a condition free of any adverse physical, six months before the proposed commencement of the project. chemical and biological effects, with no long term adverse environmental risks. (6) Existing small-scale mining and large-scale mining (2) A mineral right holder shall leave the area of operations licence holders who do not currently have approved closure plans in a condition that facilitates future sustainable land use and ensures shall submit a detailed Mine Closure Plan for approval of the Board that rehabilitation does not become a burden to the community after within six months after these Regulations enter into force. mining activities are over. 42 43 (7) The Mine Closure Plan shall be prepared in (4) Where the amount of the financial assurance is accordance with the structure and guidance as specified in the Ninth insufficient to fully implement the closure obligations, the holder of Schedule of these Regulations. the mineral right shall pay the amount that is required to complete the closure works, to a special financial assurance account managed by (8) Once approved by the Board, the Mine Closure the Board. Plan shall be reviewed and updated every two years and whenever changes in the project make it necessary and all updates shall be (5) The amount referred to in sub-regulation (4) and the submitted to the Board for approval. reimbursable amounts indicated in sub-regulation (2), plus interest, legal costs and any enforcement costs in relation thereto, shall be Progressive 34. (1) Every Mine Closure Plan shall be implemented in a recoverable by summary judgement if the holder of the mineral right Closure progressive manner during the life of the project and shall involve a fails to pay such money to the special financial assurance account continuous series of activities starting from the initiation of the project. within the term established by the Board. (2) Rehabilitation of disturbed areas shall be carried out 36. (1) Where the holder of a mineral right intends to cease Assets on on an on-going basis, before, during and after the final closure of operations either during the period of or on termination of its mineral termination right, he shall, in accordance with subsection (1) of section 54 of the of mineral operations. right. Mines and Minerals Act 2009, present a notice to the Director of (3) Closure referred to in sub-regulation (2) comprises Mines with - the rehabilitation activities included in the Environmental Management Plan and the Mine Closure Plan. (a) a full register of assets showing those assets which he intends to remove and those which Default in 35. (1) If the holder of a mineral right defaults in the he intends to leave in the area covered by closure obligations performance of its closure obligations and such default is not caused the mineral right or permit; and by an event of force majeure affecting the holder of the mineral right, the Board shall levy a fine on the environmental licence holder and (b) information of any potentially hazardous require him to comply with such obligations within such period of substances, erections or excavations in that time as the Board may consider appropriate. area. (2) Where the infringed closure obligations are not (2) The register of assets referred to in paragraph (a) of implemented by the end of the term referred to in sub-regulation (1), sub-regulation (1) and the information on potentially hazardous the Board shall execute in full or part, as appropriate, the financial substances, erections or excavations referred to in paragraph (b) of assurance and the Board shall retain a specialized engineering or sub-regulation (1), shall be consistent with the Mine Closure Plan environmental firm to implement the closure obligations in default, approved by the Board. whose costs will be reimbursed by the defaulting mineral right holder. (3) The notice referred to in sub-regulation (1) shall be (3) In the event of a second offence the environmental accompanied by a letter of conformity issued by the Director of Mines licence shall be suspended. and for this purpose the holder of a mineral right shall submit the proposed notice for review by the Board. 44 45 (4) Pursuant to sub-regulation (3) the Executive Chairman (9) On receipt of the notice from the holder of a mineral or Authorised Officer shall issue a letter of conformity or non- right, the Director of Mines may, if he deems it necessary, require that conformity, as the case may be, within fourteen days which shall specified buildings and other items of fixed machinery shall be indicate any objections. removed or require that potentially hazardous substances, erections and excavations be removed or made safe in such manner as he may (5) The holder of a mineral right shall, in not more than a direct in accordance with paragraphs (b) and (c) of subsection (2) of period of seven days, respond to the objections of the Executive section 54 of the Mines and Minerals Act. Chairman or Authorised Officer in sub-regulation (4) and re-submit the proposed notice, after which the Executive Chairman or (10) The requirements referred to in sub-regulation (9) shall Authorised Officer shall issue a letter of conformity within a fourteen be consistent with the decommissioning and other abandonment day period and where the Board’s objections are not satisfactorily measures contemplated in the MCP approved by the Board and the addressed, no letter of conformity shall be issued. Director of Mines shall consult with the Board in case of any doubt on the matter. (6) On receipt of the notice from the holder of a mineral right, the Director of Mines may, if he deems it necessary, in (11) Where the requirements referred to in sub-regulation accordance with paragraph (a) of subsection (2) of section 54 of the (9) involves the holder of the mineral right to perform additional works, Mines and Minerals Act, require that specified items of fixed the Executive Chairman shall require the holder of a mineral right to machinery are necessary for the care and maintenance of the area submit a proposed amendment to the Mine Closure Plan indicating covered by the mineral right, and such items and machinery shall not the additional works required and the associated costs, the holder of be removed. a mineral right shall present a financial assurance to the Board for the additional works which shall be included in the Mine Closure Plan. (7) The items referred to in sub-regulation (6) shall be excluded from the Mine Closure Plan, and the financial assurance 37. (1) Notwithstanding subsection (5) of section 54 of the Retention of reduced as required, without prejudice to any corresponding Mines and Minerals Act, the environmental licence holder shall fresh water dams environmental liabilities to which the holder of the mining right is undertake a full inspection of the integrity and safety of any fresh subject, until such items are handed to the Director of Mines. water dam that is to be retained and advise the Director of Mines and the Board on the long-term engineering and cost implications of (8) The compensation referred to in subsection (3) of retention. section 54 of the Mines and Minerals Act shall not reduce compromise or replace any payment for fines, damages, indemnities, or other (2) After consultation with the Director of Mines, the economic consequences attributable to the holder of a mineral right’s Board may instruct the retention, removal or modification of the dam environmental liabilities. and reservoir and the environmental licence holder shall modify the Mine Closure Plan accordingly. 46 47 altaernative 38. (1) In accordance with the sustainability principle (2) The holder of the mineral right shall submit for use of facilities established under Regulation 3 and subsection (1) of section 132 of consideration by the Board, modifications to the Mine Closure Plan the Mines and Minerals Act 2009, and for the purposes of the and associated financial assurance which are required as a result of community development, provisions contained in sub-paragraph (i) the modification of the mining activities. of paragraph (c) subsection (1) of section 140 and paragraph (b) of (3) The Board through its Executive Chairman or Authorised subsection (2) of section 140 of the Mines and Minerals Act 2009, the Officer shall communicate its decision by written notice to the holder local community or the local authority may file a request to the Board of the mineral right within thirty days of submission of the Mine through its Executive Chairman or Authorised Officer in order to Closure Plan and associated financial assurance. exclude from the Mine Closure Plan, certain facilities, such as roads, buildings, water wells, or other, that can be beneficial to the local 40. (1) The Mine Closure Plan shall include a proposed Monitoring and reporting community after the termination of the mining activities, in which monitoring and reporting programme for the Executive Chairman or case, the local community or the local authority, as appropriate, Authorised Officer to control and supervise the execution of closure shall take the responsibility for the maintenance of such facilities as measures as proposed by the holder of the mineral right. well as for their closure should it be required. (2) The monitoring and reporting programme referred to (2) The Board, through its Executive Chairman or in sub-regulation (1), shall include a minimum of a three-year Authorised Officer shall communicate its decision by written notice monitoring and reporting period after final closure in order to verify that the Mine Closure Plan has been successfully implemented and to the community representative or the local authority, as the case the area has reached physical, chemical and ecological stability. may be, within thirty days. (3) The Board may establish a longer monitoring and (3) Where the request is approved, the Board shall reporting period if deemed necessary. indicate the maintenance and closure obligations to be assumed by the local community or the local authority. 41. Where the Mine Closure Plan has been fully implemented Closure certificate and the Board is satisfied that the project area has been rehabilitated (4) The Board through its Executive Chairman or to a condition suitable for stable and sustainable use, the Executive Authorised Officer, shall also notify the related holder of the mining Chairman shall issue a closure certificate and return the remaining permit, and shall withdraw such facilities from the Mine Closure Plan, financial assurance to the holder of the mining right. and reduce the financial assurance in the proportionate amount. PART VII - ENVIRONMENTAL STANDARDS Review and 39. (1) Every holder of mineral right shall present an updated modification 42. (1) Environmental quality standards shall establish the Environmental Mine Closure Plan every two years or at the request of the Board, for of Mine degree, level or concentration of elements and substances, as well quality standards review by the Board and the closure cost of areas that have been as physical, chemical and biological parameters, present in ambient rehabilitated as contemplated in the Environmental Management Plan air, water or soil that does not pose a significant risk on the public and the Mine Closure Plan, shall be eliminated from the budget and health and the environment. the financial assurance reduced or increased accordingly. 48 49 (2) Alterations of environmental quality exceeding the (2) The period of time referred to in sub-regulation (1) environmental quality standards are not legally imputable to the holder shall be determined by the Board on a case by case basis and always of a mineral right unless a direct cause-effect relationship between its in consultation with the appropriate industry specialists. operations and the violation of the environmental quality standards is established. (3) Exceptionally, and for only one time, the Board may extend the period referred to in sub-regulation (2) for such extended Effluent and 43. (1) Effluent and emission quality standards - term it deems necessary, if the social cost of standards implementation Emission Standards. is greater than the overall benefit to the local community. (a) shall establish the degree, level or concentration of elements and substances 45. The prohibition of the discharge of any toxic and hazardous Prohibition. as well as physical, chemical and biological substance into the air or in, on or under the land and waters of Sierra parameters that characterize a particular Leone imposed under subsection (5) of section 58 of the Act shall effluent or emission from a mining operation, apply to discharges from mining activities which infringe the effluent in excess of which public health, human and emissions quality standards established by these Regulations. wellbeing or the environment are or might be harmed 46. Where the natural quality of water used in mining activities Ambient already exceeds the effluent standards established by these water quality. (b) shall be measured at their punctual source Regulations, the effluent discharges from such operations shall not and include funnels and waste water pipes. have a lower quality than the water taken from its natural source. (2) The Board shall prescribe effluents and emission quality standards and recommend air, water and soil environmental 47. (1) Except as provided under Regulation 48, e f f l u e n t Effluent international quality standards for mining and metallurgic Standards. quality standards in accordance with paragraphs (h) and (t) of section 12 of the Act. operations are as follows : (3) The holder of a mineral right shall comply with effluent and emission quality standards. (4) The Board shall enforce effluents and emission quality standards and impose penalties in case of infringement in accordance with Regulation 83 and these Regulations. Application 44. (1) Adjustment to new standards for on-going mining of standards operations shall be prescribed by the Board and shall be gradually and progressively undertaken by the holder of the mineral right within a reasonable period of time prescribed by the Board. 50 51 (2) The results from effluents sample analysis shall not PARAMET ER UNIT OF LIMIT AT ANNUAL exceed the value established in the column: “limit at any moment”. MEASURE ANY MOMENT AVERAGE LIMIT (3) Annual concentration for each parameter shall not Ph S.U 6- 9 6- 9 exceed the values established in the column: “annual average limit”

48. The holder of a mineral right shall not dilute effluents with Effluent Total Suspended Solids mg/l 50 25 dilution and fresh or saline water or mix industrial and domestic effluents. mixing prohibited. Oil and Grease mg/l 10 16

49. (1) Air quality standards for mining and metallurgic Air quality operations shall be as follows: Standards Total Cyanide mg/l 1 8 Total Arsenic mg/l 0.1 0.08 Parameter Unit Measure Limit at any Moment Total Cadmium mg/l 0.05 0.04 Arsenic mg/m3 5 Hexavalent Chrome mg/l 0.1 0.08 Carbon monoxide mg/m3 29 Total Copper mg/l 0.6 0.4 Copper mg/m3 1 Free silica mg/m3 5.0 Iron (dissolved) mg/l 2.0 1.6 Hydrogen cyanide mg/m3 11 Total Lead mg/l 0.2 0.16 Hydrogen sulfide mg/m3 14 Total Mercury mg/l 0.002 0.0016 Lead, dusts & fumes as Pb mg/m3 0.15 Total Zinc mg/l 1.5 1.2 Nitrogen dioxide mg/m3 6 Particulate (*) Unfiltered sample. (interior nuisance dusts) mg/m3 10 (2) Quality standards for sulphur dioxide emissions 52 53 SULPHUR INPUTTons/day SO2 EMISSION LIMIT Tons/day 50. (1) The Board shall establish standards for other effluent Regulation of and emission parameters as it may deem necessary and shall review other parameters. <10 20 such standards annually to incorporate any new effluents, emissions 11-15 25 or measurement criteria. 16-20 30 (2) The holder of a mineral right shall technically demonstrate to the Executive Chairman or Authorised Officer that 21-30 40 effluent discharges and emissions from operations for parameters not yet regulated by these Regulations, do not cause negative effects 31-40 50 to public health, safety and the environment. 41-50 60

51. (1) The relevant environmental assessment instrument Control and Monitoring 51-70 66 (EIA, ESIA and EMP) shall indicate- stations. 71-90 72 (a) proposed control checkpoints for every 91-120 81 effluent and emission generated from the operations; 121-150 90 (b) effluent and emission monitoring stations to 151-180 99 be installed in each control checkpoint; 181-210 108 (c) the number and technical characteristics of monitoring equipment to be installed in each 211-240 117 monitoring station; 241-270 126 (d) the frequency with which sampling shall be carried out at each monitoring station. 271-300 135 (2) For the purposes of these Regulations, effluent and 301-400 155 emission samples shall be taken from every control checkpoint 401-500 175 established in the EIA, ESIA and EMP. 501-600 195 (3) No change in the location of any checkpoint or monitoring station shall be made unless with prior approval by the 601-900 201 Executive Chairman or Authorised Officer. 1201-1500 213 52. (1)The holder of an environmental licence shall measure Monitoring of the concentration of each regulated parameter on a quarterly basis in effluents and emissions by > 1500 0.142 (S)*. order to determine pollutants concentration as well as the volume of environmental effluent and emission discharges. licence holder *(S) = Total sulphur input into the process 54 55 (2) The holder of an environmental licence for a Category PART VIII -– MONITORING AND INSPECTION A or B project shall present a quarterly report to the Executive Chairman or Authorised Officer containing the effluents and emissions 55 (1) The Executive Chairman or Authorised Officer shall Control and monitoring results for the last three months and an analysis and conduct both routine and random inspection and supervisory actions supervision. interpretation of these results. of the environmental performance of mining operations of all environmental licence holders. (3) The holder of an environmental licence for a Category C project shall monitor its effluents and emissions and keep the (2) The Executive Chairman or Authorised Officer shall information readily available for review by the Board or Authorised supervise mining operations in accordance with the Code of Practice specified in the Eighth Schedule and enforce compliance with these Officer Regulations. (4) The Board or the Authorised Officer may, at any time, (3) Control and supervisory actions comprise project request from the holder of a Category C Project environmental licence monitoring, routine and random inspection visits at site, and the monitoring information referred to in sub-regulation (3) for the environmental auditing. purposes of review and control.

56. (1) The Executive Chairman or Authorised Officer shall Site visits. (5) Every holder of an environmental licence shall keep establish a routine inspection schedule for every mining activity monitoring information for a period of five years. covered by an environmental licence. Sampling 53. (1) Effluent and emission sample collection and analysis (2) Notwithstanding sub-regulation (1), Category A protocol shall be carried out according to the official monitoring guidelines projects shall be inspected at least three times each year, category B approved by the Board. projects shall be inspected twice a year and category C projects shall be inspected once a year. (2) The Board shall by statutory instrument, prescribe the guidelines referred to in sub-regulation (1). (3) For all routine inspections the Executive Chairman or Authorized Officer shall give the environmental licence holder five Penalties 54. (1) The Board shall impose on the holder of a mineral days’ notice of the planned inspection in advance to the holder of Imposed by right the penalties prescribed in these Regulations in the following the mineral right, informing him of the scheduled inspection visit, Board indicating - cases- (a) the name(s) and identification number of (a) effluents and, or emissions exceeding legal the officer(s) appointed for site visiting; limits; and/or (b) time schedule indicating date of visit and (b) dilution or mixing of effluents. number of days of presence at site if applicable; and (c) logistic requirements as applicable. 56 57 (4) The notice referred to in sub-regulation (3) shall be (c) take samples of emissions, effluents, soil, delivered by hand or email to the holder of the mineral right, provided wastes or any other substances or residues that any notification by email shall be deemed to be delivered upon from the operations; receipt of email confirmation by the Executive Chairman or Authorised Officer. (d) perform tests in-situ; and (5) The holder of the mineral right shall include in his (e) perform any other tests, take samples and application for an environmental licence, current address and email request information or documentation contact details and undertake to promptly notify the Executive pertaining to the mining activities that he may Chairman or Authorised Officer of any change of address or email address. deem necessary. (6) Failure by the holder of the mineral right to comply with sub-regulation (5), shall not prevent the Board, Executive (3) The Executive Chairman or its Authorized Officer may Chairman or Authorised Officer, from performing an inspection under request the support of the police for the performance of its functions this Regulation. under these Regulations Random 57. (1) Pursuant to Section 37 of the Act, the Executive 58. (1) Category A and Category B environmental licence Voluntary inspection. Chairman or Authorised Officer shall, from time to time conduct random holders may arrange for environmental and social audits to be Audit. inspection of any project in respect of which an environmental licence conducted on their own operations from time to time, by fully qualified has been issued in order to assess their effect on the environment environmental and social auditors in order to inform the content of and the community and ascertain compliance with the Act and these their environmental and social reports. Regulations. (2) Auditors for Category A and B audits shall be of (2) For the effective exercise of these powers, the accredited international environmental and social audit standards. Executive Chairman or Authorized Officer may- (3) A copy of every independent audit undertaken by (a) enter at any time, without warrant, any Category A and B environmental licence holders shall be submitted premises or facility where mining activities to the Executive Chairman or Authorised Officer together with the are being undertaken and inspect the project at any time, subject only to full compliance annual environmental and social report. with radiation and mine health and safety standards; (4) The Executive Chairman shall recognise and accept copies of duly certified and audited independent environmental audits (b) request from the holder of a mineral right any produced by the mineral right holder for its financiers to ensure environmental information or documentation compliance with the Equator Principles. pertaining to the mining activities, including any licence issued under the Act and these 59. (1) The Executive Officer or Authorised Officer may Compulsory Regulations, project records, or any other arrange for random auditing to be carried out on any environmental audit. document he deems relevant; licence holder’s operations in order to ensure consistency and transparency in environmental and social monitoring. 58 59 (2) The frequency of random audit shall vary with the (d) schedule of costs for the tendered framework scale and significance of the project and the level of performance plan, identified through routine sampling, inspection and monitoring by the licence holder as follows - (e) previous experience of similar work advertised by the Board; and (a) Category A and B project environmental licence holders at a frequency of 3 per year. (f) a list of available technical consultants and (b) Category C project environmental licence their detailed resumes. holders at any time if a routine inspection by the Executive Chairman or Authorised Officer (3) Where the costs of an environmental audit remains indicates that there are serious omissions in unresolved, the environmental licence holder may appeal to the Board, environmental or social performance. whose decision on any disputed costs shall be final and binding. (3) The Board shall be responsible for the selection of (4) Whenever the Board requires the services of an auditors and such selection shall be in accordance with the standards environmental auditor for the purposes of these Regulations, it shall set out in Regulation 60 and the principles contained in the Eighteenth promptly notify those auditors chosen from an existing pool of Schedule. environmental auditors in order to determine their availability to Appointment 60. (1) The Board shall conduct a competitive and open commence work. of Auditors and cost. tender, in accordance with the Public Procurement Act, 2004 (Act No. 14 of 2004), for a rooster of competent environmental auditors (5) The terms of reference for any specified audit shall be who, upon selection by the Board, shall become part of a standing developed and agreed with the environmental licence holder. pool of environmental auditors which may be called upon by the Board or the Executive Chairman at any time within a 3 year period (6) Auditors shall be selected by the Board based on the for the purposes of conducting routine or specific environmental responses from the standing pool of approved environmental auditors audits. relating to price, expert qualifications and ability to mobilise: (2) Bidding information to be requested by the Board provided that those companies or individuals who have shall include - been involved or contracted by the environmental licence holder to (a) clear requirements of an anticipated undertake any work related to environmental or social issues within programme of work; the previous 12 months shall be excluded from undertaking any auditing work, and any selected environmental auditor shall be (b) the required technical competencies; prohibited from providing services related to the environmental or social issues to the environmental licence holder for six months after (c) any other specific requirements of the Board the completion and submission of the audit. relating to the anticipated environmental audit;. 60 61 PART IX ENFORCEMENT (4) The local community shall identify an appropriate person to represent the community in all arbitration matters and the Grievance 61. (1) The holder of a mineral right shall submit to the local representative shall be an internationally accredited negotiator or mecha nism communities, a formal grievance mechanism in accordance with the mediator with experience in mining related grievances. following principles- (5) The costs of any arbitration and shall be borne by the (a) legitimacy; holder of a mineral right. (b) accessibility; 62. The enforcement measures in these Regulations are in Enforcement addition to the enforcement measures of the Board in sections 53, measures. (c) predictability; 54, 55 and 56 of the Act. (d) equitability;

63. (1) Pursuant to subsection (3) of section 37 of the Act, Environmental (e) transparency; where the Executive Chairman or Authorized Officer has reasonable offences. grounds to believe that an offence has been committed or is about to (f) ensuring that communities’ rights under these be committed in violation of the Act or these Regulations, he may Regulations and other laws are respected; without a warrant, enter, conduct inspections in or search any mining site, premises, facilities, vehicles or other buildings, sites or facilities (g) dialogue and engagement; and associated with the mining activity, in which he has reasonable grounds to believe an offense has been, is about to be or is being (h) encouraging an environment of continuous committed. improvement of processes and dialogue. (2) The Executive Chairman or Authorized Officer may (2) The holder of a mineral right shall designate a seize any document, item or substance which he has reasonable grievance officer early in the project cycle to- grounds to believe has been used in the commission of such offence (a) inform the local community and the Primary or in respect of which an offence has been committed. Host Community and raise awareness of the grievance mechanism. (3) A receipt shall be given for anything seized under this regulation which states the grounds for such seizure. (b) manage grievances and ensure full documen- tation of grievance processes; and (4) The Executive Chairman or Authorized Officer may require the police to arrest any person who he suspects to have (c) meet members of the community to resolve committed an offence. informal complaints.

64. Every person shall have a standing before the Board to Standing. (3) Where grievances are unresolved by the holder of a mineral raise any matter of concern regarding violations of social and right, an arbitrator shall be jointly appointed by the Executive Chairman environmental obligations. or Authorised Officer and the representative of the local community. 62 63 Duties of 65. (1) The holder of a mineral right shall - (2) The Minerals Advisory Board shall not consider an mineral right holder. application for exploration, small scale or large scale mining right or (a) allow the Executive Chairman or Authorized permit unless the applicant submits an enviromental licence granted Officer to enter the project premises, and to it by the Board. conduct all or any of the actions in exercise of the functions and powers conferred upon (3) An application for an environmental licence under him by the Act and these Regulations. sub-regulation (1) shall– (b) provide assistance to the Executive Chairman (a) provide details of any significant adverse or Authorized Officer in exercise of the powers effects that– conferred on him under the Act and these Regulations. (i) a reconnaissance operations is likely to have on the environment and on any (2) The holder of a mineral right or its corporate monument or relic in the proposed environmental officer, shall report any environmental accident relating reconnaissance area and an estimate of to its mining activities to the Executive Chairman or Authorized Officer the cost of combating such adverse within twenty-four hours of the accident and submit a detailed report effects in accordance with paragraph (J) on the accident within ten working days of the date on which the of section 57 of the Mines and Minerals accident took place. Act, 2009; Financial 66. Where a holder of a mineral right is obligated to provide a (ii) an exploration operation is likely to have assurance. financial assurance under section 136 of the Mines and Minerals Act on the environment and on any 2009 and fails to do so, the Director shall- monument or relic in the proposed exploration licence area and an estimate (a) cause to be served, on the holder of a mineral of the cost of combating such adverse right a notice of demand; and effects in accordance with paragraph (J) of section 70 of the Mines and Minerals (b) cause a note of the service of the notice to be Act, 2009; endorsed in the mining cadastre register, in accordance with subsection (5) of section136 (b) an environmental impact assessment licence of the Mines and Minerals Act, 2009. as prescribed under the Environment Protection Act as a condition for granting a PART X – ADMINISTRATION OF ENVIRONMENTAL LICENCE small-scale mining licence or a large-scale mining licence in accordance with subsection Application 67. (1) An application for environmental licence under for environ- categories EIA or ESIA shall be submitted to the Board in accordance (2) of section 131 of the Mines and Minerals mental Act, 2009; licence. with section 24 of the Act. 64 65 (c) be accompanied by a statement on the (b) for increments of mineral production greater consequences of dredging including the than 50% of the production estimated in the destruction of monuments and relics, sacred original EIA, in small-scale mining places and burial grounds in accordance with operations; paragraph (a) of subsection (2) of section 228 of the Mines and Minerals Act, 2009. (c) for increments of mineral production greater than 30% of the production estimated in the Legal effect 68. (1) An environmental licence granted by the Board under of licence. original EIA, in large-scale mining operations; the Act shall entitle the licensee to initiate or continue with the application process for a mining right or permit. (d) for increments of mineral production in small- . scale or large-scale mining operations having (2) Where an application for an environmental licence is new environmental impacts or involving rejected by the Board, the mining right or permit application shall be disturbance of new areas; deemed to be incomplete and not compliant with mineral right licensing requirements. (e) for the construction and operation of new Validity and 69. (1) An environmental licence shall be valid for twelve beneficiation facilities not included in the renewal. beneficiation plant original layout; months from the date of issue or for such period as the Board may determine and in accordance with paragraph (c) of section 30 of the Act. (f) for the modification of existing beneficiation facilities due to introduction of new mineral (2) The period specified in an environmental licence may processes or increment of production be renewed by the Board, upon application by the licensee, for such capacity greater than 50%; further period as the Board shall determine and in accordance with section 31 of the Act. (g) for the construction of tailing ponds, rock deposits, furnaces, chimneys, leaching pads Amendment 70. (1) The holder of an environmental licence who wishes or other facilities not included in the of EIA or ESIA to amend an EIA or ESIA shall submit an application to the Board for beneficiation plant original layout; that purpose. (h) for the introduction of new equipment or (2) Subject to sub-regulation (1), an EIA or ESIA shall be variations of technology in mining or amended or modified in the following cases- beneficiation facilities having new environ- mental impacts or affecting new areas. (a) for the implementation of mine development at completion of the exploration phase, and (3) Subject to sub-regulation (2), the Board may determine before the commencement of mining that amendments to an ESIA may result in re-categorization of the activities; project into a Category A or B project that shall require an EIA. 66 67 Cancellation, 71. (1) Pursuant to Section 34 of the Act, where the (5) The suspension or cancellation of the mining right or suspension, and ex officio terms and conditions of a licence are not being complied with or have permit to which the environmental licence applies shall be determined modification. been contravened, or there is a substantial change in or an adverse in accordance with section 53 of the Mines and Minerals Act, 2009. effecton the environment as a result of the operations of the holder of a mining licence, the Board may- 72. (1) An applicant who is dissatisfied with the decision of Appeal the Board not to grant or to reject an application for an environmental (a) cancel the licence; licence or to cancel or suspend an existing environmental licence may appeal to the High Court within thirty days of the Board’s (b) suspend the licence for such time as the notification of its decision to the applicant. Board considers appropriate; or (2) A member of the local community aggrieved by the (c) impose additional or modified conditions for Board’s decision to grant an application for an environmental licence the licence: may appeal to the High Court within thirty days of the Board’s notification of its decision to the applicant to grant the application Provided that the Board shall, for an environmental licence. prior to any decision to cancel, suspend or modify the licence conditions, consult with (3) The filing of the appeal shall under sub-regulation (2) the holder of the mineral right and give him and (3) shall not suspend the effects of the Board’s decision and an opportunity to take corrective measures shall remain in force until the High Court suspends or revokes the to remedy or abate the offending events for decision of the Board. a period not exceeding 3 months. (2) The Executive Chairman or Authorised Officer shall 73. (1) The Executive Chairman or Authorised Officer shall Licence notify the Director of Mines and the holder of an environmental establish and maintain a Register of Environmental Licences in which register. licence in writing of the cancellation, suspension or imposition of shall be recorded all applications and licences granted including all additional conditions of a licence and of such additional conditions ancillary documents and materials. that may have been imposed. (2) The Register of Environmental Licences referred to in (3) The Board may, in addition to cancellation, sub-regulation (1), shall be a public document and shall be available suspension or imposition of additional conditions, require the holder for public inspection on payment of the prescribed fee. of a mining permit to take measures to remedy or abate such adverse effects on or remedy any damage to the environment where necessary. (3) A copy of the Register of Environmental Licences shall be deposited with the mining cadastre on a semi-annual basis. (4) The Board may engage an appropriately skilled independent consultant to produce a technical assessment report of 74. The environmental licence approval process shall require Stakeholders the offending events that may assist the Board to determine whether stakeholders’ participation and reaction and accordingly in order to participation. to cancel, suspend or impose additional conditions on the holder of give the applicant an opportunity to plan in advance on how to the mining right or permit and the costs of such report shall be borne mitigate negative environmental impact and social impact before they by the holder of the mineral right or permit. arise. 68 69 PART XI– MISCELLANEOUS 78. (1) Where there is a transfer of a mineral right, the Transfer Existing 75. (1) All environmental licences issued prior to the coming transferee shall implement the EIA or ESIA, as applicable and MCP obligations. licences and approved by the Board in relation to the mineral right in accordance rights. into force of these Regulations shall be valid for the period of the licence. with subsection (7) of section 83 and subsection (7) of section119 of the Mines and Minerals Act, 2009. (2) The Board may review all environmental licences (2) Sub-regulation (1) shall apply to all and any kind of issued prior to the coming into force of these Regulations in order to mineral right or permit acquisition. assess whether the environmental and social impact assessments and associated management plans have been completed to the 79. (1) All small-scale and large-scale mining licence holders Financial standards established in these Regulations. shall provide, within such time as specified by these Regulations, assurance. financial assurances for their own performance against all obligations (3) Subject to sub-paragraph (2), the Board may amend to which they are subject under an EMP or the terms of an any plan or document associated with any environmental licence environmental licence and in accordance with subsection (2) of section issued prior to the coming into force of these Regulations. 137 of the Mines and Minerals Act 2009. (4) All mineral right holders shall, not later than six (2) The form of financial assurance to be provided under sub-regulation (1) shall be in such form as specified in subsection (4) months after to the coming into force of these Regulations, ensure of section 136 of the Mines and Minerals Act, 2009. that their operations are in compliance with the Environmental Standards established in Part VII of these Regulations. (3) The holder of a mineral right shall provide only one financial assurance against all environmental and social liabilities (5) Existing mineral right holders who do not have an resulting from his mining activities in a specific project and shall not environmental licence shall apply for an environmental licence not be required to provide two assurances in relation to its environmental later than six months after the coming into force of these Regulations. and social liabilities deriving from a specific project. Informa tion 76. (1) Where the Board requires additional information to 80. (1) The Act and these regulations shall not apply to any Cadastral disclosure. land marked on the cadastral survey map in accordance with paragraph survey map. that already provided by an applicant or licence holder, the Executive Chairman or Authorised Officer shall submit a written request to the (c) of subsection (1) of section 46 of the Mines and Minerals Act, 2009 and known to be closed to mining. applicant or licence holder specifying the information required and stating the reason for requesting the information. (2) In application of sub-regulation (1), the cadastral survey map shall depict all national parks, natural reserves, (2) If the applicant refuses to provide information archaeological sites, and other protected areas established throughout requested under sub-regulation (1) the Board may refuse a new Sierra Leone in accordance with paragraph (d) of subsection (2) of application, suspend or revoke an existing licence. section 176 of the Mines and Minerals Act, 2009. Environmental 77. Reconnaissance and exploration operations undertaken for 81. (1) The Director of Mines in consultation with the Suspension. management- instrument. the purpose of locating mineral deposits shall be developed under Executive Chairman shall suspend or cancel a mineral right if the an environmental management instrument, issued by the Board in holder grossly violates health and safety regulations or causes accordance with these Regulations. environmental harm in accordance with paragraph (c) of subsection (1) of section 53 of the Mines and Minerals Act, 2009. 70 71 or cancell- (2) The Board shall order the holder of the mineral right (a) administrative infringements with no ation of to immediately implement environmental rehabilitation as prescribed immediate environmental consequences mineral rights. under Section 136 of the Mines and Minerals Act 2009. involving the submission of reports required under the Act or these regulations or maintenance of records shall be termed Category of 82. (1) Notwithstanding any penalties prescribed in the Act category EP1B; penalties. or the Mines and Minerals Act, any violation or infringement of the (b) operational infringements resulting in the provisions of these Regulations by the holder of a Category A or B potential for harm to the environment or local Environmental Licence shall be assessed and categorised as follows- communities shall be termed category EP2B; (a) administrative infringements with no (c) operational infringements resulting in immediate environmental consequences substantial harm to the environment or local involving the submission of reports or communities shall be termed category EP3B; and maintenance of records required under the Act or these regulations shall be termed (d) operational infringements resulting in category EP1A; substantial harm on the environment or local communities, loss of life or Serious Injury or (b) operational infringements resulting in the illness shall be termed category EP4B. potential for harm to the environment or local communities shall be termed category 83. (1) The Executive Chairman or Authorised Officer shall, Infringement. EP2A; acting reasonably, determine whether an infringement is categorized as EP1A, EP1B, EP2A or EP2B and shall promptly notify the Board of (c) operational infringements resulting in actual the relevant categorization decision and reasons therefore. harm to the environment or local communities (2) The Executive Chairman or Authorised Officer in shall be termed category EP3A; and consultation with the Board shall determine whether an infringement is categorized as EP3A, EP3B, EP4A or EP4B. (d) operational infringements resulting in substantial harm to the environment or local 84. (1) A holder of an environmental licence who infringes Penalty. communities, loss of life or Serious Injury or any of the provisions of these Regulations commits an infringement and shall be liable, subject to Regulation 85, to a penalty specified in illness shall be termed category EP4A. the Schedule of penalties. (2) Notwithstanding any penalties prescribed in the (2) In relation to categories EP3A, EP4A, EP3B and EP4B Act or the Mines and Minerals Act, any violation or infringement of and potential benefits of non-compliance, the Environmental License the provisions of these Regulations by the holder of a Category C or Holder shall be liable to an additional penalty from the first provable D Environmental Licence shall be assessed and categorised as day of infringement as follows: follows- 72 73 (a) up to 1% of the additional daily penalty for (4) An internationally accredited negotiator or mediator each day of the first 100 days of infringement; with experience in mining related grievances shall be jointly appointed by the environmental licence holder and the Executive Chairman or (b) the additional daily penalty increases by up Authorised Officer as an arbitrator. to 1% after every 100-day period for the first 500 days of continuous infringement, so that (5) The costs of the arbitration shall be paid by the after 100 days the additional penalty environmental licence holder. increases to 2%, after 200 days to 3%, after 300 days to 4%, after 400 days to 5%. (6) Either party may appeal to the High Court against the decision of the arbitrator appointed under sub-regulation (4) within (3) An infringement shall be deemed to be continuous 10 days of receipt of the arbitral decision. until the company demonstrates compliance, unless the company provides evidence to the satisfaction of the Executive Chairman and (7) The losing party shall pay all costs and fees Board that the violation was not continuous. associated with the appeal. Warnings.

85. (1) In relation to a category EP1A, EP1B, EP2A and EP2B (8) The decision of the High Court shall be final and infringement only, the Executive Chairman or Authorised Officer shall, binding. prior to imposing a penalty in accordance with this Part, issue a written warning to the environmental licence holder informing him of 87. (1) An environmental licence holder shall be liable for any No exclusion the relevant infringement and providing giving him a period not civil or criminal action to which he may be subject at any time and the of liability. exceeding 14 days within which to remedy the relevant infringement. penalty provisions contained herein shall not be interpreted as excluding liability or providing compensation in relation to any such (2) Where the environmental licence holder fails to criminal or civil liability. remedy the infringement in accordance with sub-regulation (1), the prescribed penalty for the relevant infringement category shall be (2) The penalty provisions contained in these imposed. Regulations are in addition to and in no way limit or exclude the obligation of an environmental licence holder’s responsibility to spend Notification 86. (1) The Executive Chairman or Authorised Officer shall funds and take any other remedial or restorative actions required to and payment notify the environmental licence holder in writing of the infringement clean up and rehabilitate all damages resulting from an infringement of fines. and the related penalty. and where practicable, restore damaged land or goods to their condition prior to the occurrence of the offence. (2) The environmental licence holder shall pay the penalty within 30 days of the notification referred to in sub-regulation (1) and (3) Any compensation or fines indicated in the Act shall where the environmental licence holder fails to pay the penalty within not reduce, preclude, compromise or replace any payment of penalties, 30 days the Executive Chairman or Authorised Officer may apply to damages, indemnities or other economic consequences attributable the High court for an order to enforce the penalty. to an environmental licence holder under these Regulations. (3) An environmental licence holder who disputes any penalty imposed by the Executive Chairman or Authorised Officer (4) An environmental infringement shall not be liable to a shall be resolved, in the first instance, by arbitration. penalty under these Regulations and the Mines and Minerals Act, 2009 only one penalty shall apply. 74 75 SCHEDULE OFPENALTIES (REGULATION 84) to be informed about any activities which involve the transport of equip- ment and personnel and the use of accommodation in association with EP1A Category A or B environmental licence holder $10,000 mineral reconnaissance and prospecting and shall provide relevant information to such stakeholders. EP2A Category A or B environmental licence holder $50,000 Category C: Applicants for an environmental licence in relation to a Category C EP3A Category A or B environmental licence holder $250,000 project shall arrange a public meeting within the area likely to be affected by exploration or small scale mining activities before any equipment is moved into the EP4A Category A or B environmental licence holder $750,000 area or physical activity takes place on site. EP1B Category C or D environmental licence holder $5,000 The purpose of the meeting will be to discuss with the community the nature of the work and its likely impacts and to engage in dialogue with the community which EP2B Category C or D environmental licence holder $25,000 must include answering questions and addressing concerns. EP3B Category C or D environmental licence holder $125,000 Where activities are ongoing, the holder of an environmental licence shall hold public meetings with local communities at regular intervals, which shall occur at EP4B Category C or D environmental licence holder $375,000 least every three months. Category B: The requirements for public participation and consultation set out FIRST SCHEDULE - PUBLIC PARTICIPATION AND CONSULTATION for Category C projects above shall also apply to Category B projects.

1. Requirement for public participation and consultation In addition, where the area covered by a Category B project includes more than Regulation 3 (h) places a mandatory obligation on all applicants for an one settlement and these settlements are more than 5 kilometers apart, the holder environmental licence to carry out consultation with stakeholders from of or applicant for an environmental licence shall organise public meetings in each the earliest stages of a mining project throughout the mining operations settlement. until closure is completed. This consultation shall be undertaken in accordance with the principles for public participation and consultation In the case of Category B projects, the holder of or applicant for an environmental licence shall develop and implement a communications plans to manage public set out in Regulation 3 (h) and this Schedule. participation and consultation throughout the term of the mining licence or

2. Procedural requirements for each category of mining project environmental licence, as applicable. Applicants for mining projects under the following environmental licence The communications plan shall be included in the Environmental Management categories shall, as a minimum requirement, undertake the following level Plan and Social Management Plan. of public participation and consultation. Category A: The requirements for public participation and consultation set out Category D: There is no formal requirement for public participation and consultation in relation to a Category D project, however the holder of a for Category B projects shall also apply to Category A projects. mineral right shall recognize the legitimate interests of local communities 76 77 In addition, all arrangements for public participation and consultation contained Table 1 Information on the Applicant and the nature of the planned operation within the communications plan shall be discussed and agreed with the Community Liaison Committee established under Regulation 7. 1. Thefollowing information isin summary form (full details shall be submitted as set out in theAct).

SECOND SCHEDULE - PROJECT SCREENING APPLICATION (a) Registered Name and place of incorporation of the company (REGULATION 11(5)) ………………………..………………………………………………………. (b) Company profile and history of reconnaissance and exploration operations in Sierra Leone and elsewhere ……………………………….............………………………………………… TO DETERMINE THE CATEGORY OF PROJECT FOR AN (c) Name and qualifications of supervising officer ENVIRONMENTAL LICENCE ………………………………………………………………………………… 1. Procedures (d) Plan of the reconnaissance licence area Applicants for an environmental licence required in connection with the following ………………………………………………………………………………… categories of mineral rights licences shall submit a project screening application as set out in Tables 1 through 3 below. This information will be used by the Agency (e) Description of contiguous blocks ………………………....……………………………………………………… to determine which category of environmental impact assessment shall be undertaken by the applicant to support its application for an environmental licence (f) Statement on technical and financial resources relating to: …………………………….........……………………………………………… (a) A Reconnaissance Licence involving invasive activities under Section 64 (g) Proposed programme of reconnaissance operations of the Mines and Minerals Act 2009; ……………………….............………………………………………………… (b) An Exploration Licence under Part IX of the Mines and Minerals Act 2009; (h) Period for which the application applies ……………………….........................………………………………………… (c) A small scale mining licence; and (i) Details of any existing mineral rights (d) A large scale mining licence. …………………….............…………………………………………………… 78 79 Table 2 Description of Location and Nature of Operations Table 3 Applicant’s assessment of the likely effects of the mining activities on the natural environment within the area of mining operations 2. Information required under the First Schedule Completion of this table shall satisfy the requirements of an applicant for a reconnaissance licence under Section 57 (j) of the Mines and Minerals Act 2009. Description Units Estimated cost of remediation 3. Physical Environment (Mark the relevant sections with an X and give precise details of area, (i) Area of land covered Km2 or Ha depth or volume, where these exist.) by the application 3.1 Land Surface (ii) Number of boreholes Description 1 2 3 4 5 to be drilled Number Less than 1 1 to 10 10 hectares 1 to 100 km2 More than 100 hectare hectares to 1 km2 km2 (iii) Quantity of specimens Surface area of land affected by and samples to be taken < 1 tonne surface disturbance with <1-10 tonnes machinery or excavations > 10 tonnes Area of vegetation to be cleared (iv) Name and surface area of Area of farmland affected woodland or forest within 3.2 Land Excavation which timber will be cut If the operations involve 1 2 3 4 5 (v) Name and location of river, excavation what quantity of Less than 10m3 to- 100m3 to 1 million to More than material will be moved? 10 m3 100m3 1 million m3 100 million m 100 million m3 3 lake or other water body from which water will be What is likely to be the Less than 3 3 to 15 feet 15-30 feet 30 to 150 More than 150 extracted maximum depth of excavation feet feet feet from the existing surface level (1 metre) (1-5 metres) (5-10 metres) (10-50 (>50 metres) (vi) Location of any temporary metres) buildings Ratio of overburden to mineral ore recovery 0: 1 1: 1 Between 1:1 Between 5:1 More than (vii) Name and location of any and 5:1 and 20:1 20:1 ancient monument, relic, 3.3 Water sacred grove or other artifacts of historic and cultural Description 1 2 3 4 5 significance that lies within Less than 100 to 1000 to 50,000 to Over 100,000 100 m3 1000m3 50,000m3 100,000m3 m3 or closer than 100 metres to the boundary of any physical Volume of water to be works abstracted by gravity or pumping from a natural or artificially constructed water course or water body (maximum over one month) Volume of water to be stored in tanks/ settling ponds or other artificial storage areas 80 81 3.6 Infrastructure Volume of waste water (including drilling mud) to be 1 2 3 4 5 produced (over a maximum period of one month) Do existing tracks and roads lie within the application area? Footpaths Minor tracks Dirt/ Un-surfaced Regional Does the operation involve No Yes gravelled District and Paved creating a dam or impoundment feeder roads Roads Roads on any watercourse or dredging operations? Will any tracks and roads be used by mineral traffic? Footpaths Minor tracks Dirt/ Un-surfaced Regional Does the operation involve No Yes gravelled District and Paved diverting an existing water course? feeder roads Roads Roads 3.4 Wildlife and Nature Conservation How many of truck Less than 3 3 to 10 10 to 20 20 to 50 More than movements of over 3 tonnes 50 1 2 3 4 5 capacity will use public roads in an average month? Does the application area include No Yes Does the project involve the No Under 500 500 metres 1 km to More than any officially protected area? diversion or construction of metres to 1 Km 10 kms 10 kms new roads? Has an ecological survey been Yes No undertaken by a qualified biologist? Does the project involve the No Under 500 500 metres 1 km to More than diversion or construction of metres to 1 Km 10 kms 10 kms Are any rare or endangered species No Yes new railways? of plants or animals found within the application area as listed in Does the project involve the use national or international registers? of existing ports or the construction of new ports? No Yes Yes In the applicant’s opinion, will the (existing ports) (new ports) operations affect wild life and nature conservation in the application area? Not at Very Some Moderate Major Does the project involve the use all slight minor adverse adverse of air transport from existing or effects adverse impacts impacts new airports? No Yes Yes impacts which (existing (new which can be airport) airports) can be mitigated mitigated 3.7 Energy Will the applicant provide all energy requirements from the company’s own resources? No Yes 3.5 Natural Resources What is the estimated annual Less than 5000 - 50,000 to 100,000 kw More than 1 1 2 3 4 5 electricity requirement of the 5000kw 50,000 kw 100,000 kw to 1 mw mw operations? Will the operation require the use No Yes of local timber, stone, clay or other building materials What is the estimated annual Less than 50,000 to 100,000 to 500,000 to More than 1 requirement of the operations 50,000 litres 100,000 500,000 1 million million in terms of diesel oil or other litres litres litres litres petroleum products? 82 83 Table 4Applicant’s assessment of the scale and likely effects of the operations on the local economy and 3.8 Buildings, Structures and Processing Plant social conditions within the area of mining operations. 1 2 3 4 5 4.1 Resettlement Impact Will the operations include Temporary Permanent Permanent Permanent Permanent Will the operations require the No Yes the erection of buildings and buildings buildings/ buildings/ buildings/ buildings/ resettlement of people? structures/plant? and structures structures structures structures structures covering covering covering covering Description/Impact erected for less than 100m2 to 500m2 to more than 2 <5 years 100m 500m2 1000m2 1000m2 Will the operations affect existing Not at all Very Some Moderate Major settlements either directly or slight minor adverse adverse 3.9 Emissions indirectly? effects adverse impacts impacts impacts which can 1 2 3 4 5 which can be mitigated be mitigated Will the operations generate No Yes solid waste requiring disposal with more than 500 houses? through land fill? with 100-500 houses? Will the operations involve No Yes with 50 -100 houses? processes giving rise to gaseous emissions with 25-50 houses? Will the operations have the No Yes potential to generate dust With fewer than 25 houses? which would impact on local inhabitants? Where the answer to the above questions on settlements and properties is “Yes” provide details on the estimated number of properties and individuals involved Will the operations have the No Yes potential to generate noise 4.2 Effect on current land use activity which could adversely affect local inhabitants? Will the operations displace or Not at all Very Some Moderate Major reduce the viability of existing slight minor adverse adverse Will the operations require the No Yes land uses for: effects adverse impacts impacts use of chemicals and reagents impacts which can in on-site processes? which can be mitigated be mitigated Will the operations pose any No Yes form of risk to humans from Agriculture? potential accidents and the Forestry? creation of hazards (e.g. deep bodies of water/rock falls?) Rural livelihoods (collecting roots/ fruits/honey etc.)? Will the operations create unsightly No Yes visual impacts affecting the setting Tourism? of villages or towns? Will the operations affect: Monuments/archaeological sites: If the answers to any of the above questions relating to “Emissions” in Part 3.9 of Table 3 are “Yes”, provide summary details on the scale and nature of the potential effects. Sacred groves? Burial areas? 84 85

THIRD SCHEDULE - PROJECT SCREENING CRITERIA (Regulations 11 (6) and 12 (2) ) Criteria relating to Socially or Economically significant localities 1. Procedures (d) Populated areas where more than 50 properties or 500 people might be directly (1) The Agency shall base its decision on the information submitted as part or indirectly affected in terms of livelihoods. of the project screening application, supported by information on (e) Populated areas where it might be necessary to resettle any individual environmentally sensitive areas in Sierra Leone and criteria relating to inhabitants involuntarily. social and local economic conditions as set out in Table 1. (f) Populated areas where more than 50 properties or 500 people live in close (2) Any application which falls within the criteria listed in Table 1 will proximity to the area of potential operations and could be affected adversely automatically require a Category A or B environmental Assessment and by noise, dust or other pollutants. the equivalent social assessment. (g) Areas within which there are already conflicts in terms of ownership, use and distribution of natural resources. (3) Applications falling outside the environmentally sensitive localities listed in Table 1 will also require environmental and social assessment where (h) Areas containing sensitive receptors including proximity to hospitals and the class of assessment will be determined by the nature and scale of the health centres planned operations. (i) Applications in areas adjacent to ports and airports where development (4) In all cases, the class of environmental and social assessment will be activities could adversely affect operation of these facilities. determined by the Agency in accordance with criteria set out in Table 2. (j) Areas within or adjacent to important tourism resorts or tourism assets Table 1 Criteria Determining a Mandatory Need for Environmental Assessment Table 2 EPA Determination of the Class of EIA required based on the nature Criteria relating to Environmental Sensitive localities and scale of planned operations (a) Areas and ecosystems meriting special protection under national and The class of assessment is guided by the aggregate score generated by the international law including coral reefs, mangroves, native forest, small Agency’s review of the applicant’s screening application. A total score for an islands, areas at risk from erosion including sand dunes and beaches, areas application is established by summing individual scores from tables 3 and 4 in the exposed to desertification, marshland, wetlands and areas with flora, fauna Second Schedule. or ecosystems on the verge of extinction. Agency staff will be guided by the applicant’s own assessment of the severity of (b) Fish spawning areas and areas containing important natural resources such any potential Impact but may alter the weight / score at their discretion where they have reason to believe that the effects of the project may be more or less significant. as medicinal plants Any alteration in the score allocated to individual topics shall be highlighted on a (c) Important water sources including springs, headwater catchments of rivers, copy of the screening application and forwarded to the applicant with the EPAs and watercourses or water bodies providing public water supplies. screening decision. 86 87 The Agency shall exercise its discretion in terms of the categorisation of 3.2 Land Excavation applications and is not bound by the absolute scores set out in the table below which provide guidance only. Category Physical Social and Economic Type of Assessment Environment Score Score Likely to be required 1 2 3 4 5 If the operations involve Less than 10mto 3 - 100m3 to 1 million to More than excavation what quantity 10 m3 100m3 1 million m3 100 million m3 100 million A Over 150 Over 20 EIA and SIA of material will be moved? m3 What is likely to be the Less than 3 to 15 feet 15-30 feet 30 to 150 feet More than B 130-150 5-20 EIA (including SIA) maximum depth of 3 feet (1-5 metres) (5-10 metres) (10-50 metres) 150 feet excavation from (1 metre) (>50 metres) existing surface C 50-130 Under 5 ESHIA level D Under 50 0 Code of Practice Ratio of overburden to 0: 1 1: 1 Between 1:1 Between 5:1 More than mineral ore recovery and 5:1 and 20:1 20:1 3.3 Water Description Table 3 1 2 3 4 5 Less than 100 to 1000 to 50,000 to Over Indication of the application of scores to broad categories of assessment 100 m3 1000m3 50,000m3 100,000m3 100,000 m3 Volume of water to be 3. Physical Environment (Mark the relevant sections with an X) abstracted by gravity or pumping from a natural or artificially constructed water course or water body 3.1 Land Surface (maximum over one month) Volume of water to be stored Description 1 2 3 4 5 in tanks/settling ponds or other artificial storage areas Less than 1 to 10 10 hectares 1 to 100 More than Volume of waste water 1 hectare hectares to 1 km2 km2 100 km2 (including drilling mud) to be produced (maximum over one month) Surface area of land affected by surface Does the operation involve No Yes creating a dam or impoundment disturbance with on any watercourse, or dredging operations? machinery or excavations Does the operation involve No Yes Area of vegetation to be cleared diverting an existing water course? Area of farmland affected 88 89 Does the project involve the No Under 500 500 metres 1 km to More than 3.4 Wildlife and Nature Conservation diversion or construction metres to 1 Km 10 kms 10 kms of new roads? 1 2 3 4 5 Does the project involve the No Under 500 500 metres 1 km to More than Does the application area No Yes diversion or construction of metres to 1 Km 10 kms 10 kms . include any official protected new railways? area? Has an ecological survey been Yes No Does the project involve the No Yes Yes undertaken by a qualified use of existing ports or the (existing ports) (new ports) biologist? construction of new ports? Are any rare or endangered No Yes Does the project involve the use of air transport from species of plants or animals existing or new airports? No Yes Yes found within the application (existing airports) (new airport) area as listed in national or international registers? 3.7 Energy In the applicants’ opinion Not at all Very slight Some minor Moderate Major will the operations affect wild effects adverse adverse adverse Will the proponent provide Yes No life and nature conservation impacts impacts impacts all energy requirements from in the application area? which can which can the company’s own resources? be mitigated be mitigated What is the estimated annual Less than 5000 - 50,000 to 100,000 kw More than electricity requirement of the 5000 kw 50,000 kw 100,000 kw to 1 mw 1 mw operations? 3.5 Natural Resources What is the estimated annual Less than 50,000 to 100,000 to 500,000 to More than requirement of the operations 50,000 litres 100,000 litres 500,000 litres 1 million litres 1 million with respect to diesel oil and litres 1 2 3 4 5 other petroleum products? Will the operation require No Yes 3.8 Buildings, Structures and Processing Plant the use of local timber, stone, clay or other building materials 1 2 3 4 5 3.6 Infrastructure Will the operations include Temporary Permanent Permanent Permanent Permanent erection of buildings and buildings buildings/ buildings/ buildings/ buildings/ structures/plant? and structures structures structures structures structures Do existing tracks and roads footpaths Minor Dirt/ Un-surfaced Regional erected for covering covering covering covering lie within the application tracks graveled District Roads and Paved <5 years less than 100m2 to 500m2 to more than area? feeder roads Roads 100m2 500m2 1000m2 1000m2 Will any tracks and roads footpaths Minor Dirt/ Un-surfaced Regional be used by mineral traffic? tracks gravelled District Roads and Paved feeder roads Roads How many truck movements Less than 3 3 to 10 10 to 20 20 to 50 More than 50 of over 3 tonnes capacity will use public roads in an average month? 90 91 Table 4Review of the Applicant’s Assessment of the scale and likely effects of 3.9 Emissions & Waste the mining activities on the local economy and social conditions within the area of mining operations 1 2 3 4 5 1 2 3 4 5 Will the operations generate No Yes solid waste requiring disposal through land fill? 4.1 Resettlement Will the operations No Yes Will the operations involve No Yes require resettlement processes giving rise to of people? gaseous emissions If the answer to the question above is YES then score the assessment of effects as shown Will the operations have the No Yes below:- potential to generate dust which would impact on Description /Impact Not at all Very slight Some minor Moderate Major local inhabitants? Will the operations affect effects adverse adverse adverse directly or indirectly existing impacts impacts impacts settlement(s): which can which can be mitigated be mitigated Will the operations have the No Yes potential to generate noise which could adversely affect Complete only one of local inhabitants? the following Will the operations require the No Yes with more than 500 houses? 0 25 30 35 40 use of chemicals and reagents in on-site processes with 100-500 houses? 20 25 30 35 Will the operations pose any form No Yes with 50 -100 houses? 15 20 25 30 of risk to humans from potential accidents and the creation of hazards (e.g. deep bodies of with 25 50 houses? 10 15 20 25 water/rock falls) With fewer than 25 houses? 5 10 15 20 Will the operations create No Yes unsightly visual impacts Where the answer to the above questions on settlements and properties is “Yes” provide details on the estimated affecting the setting of villages number of properties and individuals involved or towns? If the answers to any of the above questions on emissions are “Yes”, provide summary details on the scale and nature of the potential effects. 92 93 CONTEXT 4.2 Effects on current land use activities 1.1 Name of the project 1 2 3 4 5 Will the operations displace Not at all Very slight Some minor Moderate Major 1.2 Particulars of the applicant for an Environmental Licence or reduce the viability effects adverse adverse adverse Name: of existing land uses for: impacts impacts impacts which can which can Identity document/registration: be mitigated be mitigated Legal representative: Agriculture Address: Telephone number: Forestry E-mail address: Rural livelihoods (collecting roots/ 1.3 Information on the environmental firm engaged to work fruits/ honey etc.) on the EIA Tourism Will the operations affect: Including where relevant, information on individual experts who are Monuments/archaeological sites engaged to work on specific aspects of the assessment Sacred groves Name: Identity document/registration: Burial areas Registration with the Agency: Legal representative: Address: Telephone number:

FOURTH SCHEDULE - PREPARATION OF A SCOPING REPORT E-mail address: (REGULATION 14 (1) ) 1.4 A Description of the Project Proposals 1. Content of the Scoping Report (a) Site Area In accordance with Regulation 15, the applicant for an environmental licence shall (b) Nature of the project (exploration, pre-feasibility study, prepare and submit a Scoping Report to the Agency before commencing detailed feasibility study, small-scale mining, large scale mining) investigations as part of an environmental impact assessment for a Category A or B Project. (c) Timescale of operations The Scoping Report will typically consist of a document, 20 to 60 pages in length 1.5 Environmental Baseline Conditions and will cover the following information: This shall include the following: (1) Topography and relief (2) Climatic conditions, 94 95 (3) Air quality FIFTH SCHEDULE–EIAT STANDARDS FOR CATEGORYA AND B (4) Water and drainage PROJECTS (REGULATION 15 (1) (e)) (5) Geology and soils (6) Flora and fauna (7) Landscape character and quality These standards provide generic Terms of Reference (ToRs) for the preparation of (8) Human settlement EIAs for Category A and B mining activities. (9) Land use Applicants for Environmental Licences shall adapt the ToRs to meet the specific 1.6 Potential Areas of Environmental Impact characteristics of their development project and the environmental and social conditions in the project area. A one paragraph description of the potential areas of environmental impact that could arise during each phase of the planned activity in relation to each of the environmental topics described in the baseline. 1. General Provisions for an Environmental Impact Assessment Report 1.7 Scope for Avoiding, Mitigating or Compensating for Potential Adverse The Environmental Impact Assessment report records the findings of exhaustive Environmental Impacts studies undertaken as part of the assessment process. The principal findings shall be included in the main report, supported by a stand-alone Non-Technical Summary. A one paragraph statement on the scope for minimizing significant environmental Background information, detailed maps and statistical data may be added as impacts in relation to each of the environmental topics described in the environmental appendices or set out in separate volumes. baseline. (1) Applicants shall ensure that all aspects of the bio-physical environment are 1.8 Programme of Work addressed when applying for an exploratory, small scale or large scale mining project. This shall contain a summary of investigations to be undertaken in relation to each area of potential environmental impact. (2) The EIA shall contain a section on methodology and give a clear statement about the processes of public consultation that has been employed. (3) The EIA shall contain a chapter outlining the characteristics of the planned activity and the physical development of infrastructure and these features shall be clearly shown on a map of appropriate scale. (4) A description of the current baseline conditions and likely trends in the absence of the planned development shall be provided. (5) Potential environmental impacts shall be identified in relation to topography, geology, soils, land use, flora and fauna, water, drainage, climate, air, human beings (unless covered in a separate Social Impact Assessment), and the interactions between these topics. 96 97 (6) Impacts shall be described in terms of potential scale, magnitude, III EXECUTIVE SUMMARY significance, for example, major, minor and likely duration, for example, short The executive summary shall be written in plain English and in a form that is term, medium term, long term and reversibility or irreversibility. accessible to all potentially affected parties. It shall include summarized information on the following: (7) Any economic or physical alternatives to the proposed form of development. (1) Project description (8) A Non-Technical Summary written in plain English such that a layman would (2) Environmental impacts of the project be able to understand. (3) Environmental management plan, monitoring plan and closure plan 2. Content of the EIA Report (4) Public participation plan The Environmental Impact Assessment report shall include the following: IV INTRODUCTION I CONTEXT (1) Brief history of the project (2) Other mining projects under the applicant’s control that are planned or in progress in the same area 1.1 Name of the project (3) Other associated projects 1.2 Particulars of the applicant for an Environmental Licence (4) Previous environmental management instruments Name: Identity document/registration: (5) Benefits of the project (locally and regionally) Legal representative: Address: (6) Legal framework Telephone number: (7) Methodology adopted for the environmental assessments (to be E-mail address: expanded, as necessary, in technical appendices for individual specialist topics; e.g. measuring air pollution). 1.3 Information on the environmental firm that produced the EIA Name: V DESCRIPTION OF THE PROJECT Identity document/registration details: Registration with the Agency: The description of the project shall contain the following information as applicable: Legal representative: 5.1 General information on the project Address: Telephone number: (1) Type of mining activity (exploration, artisanal mining, small scale mining, E-mail address: large scale mining, dredging mining, radioactive substances mining and sand miningetc.) II TABLE OF CONTENTS (2) Project location (district, chiefdom, village, section) This section shall contain an index of the EIA. (3) Blocks that comprise the project area, indicating UTM coordinates 98 99 (4) The extent of the project area in hectares 5.2.1 Specific information for exploration projects (5) Minerals to be explored or produced (1) Exploration plan and method (6) Proven and probable mineral reserves (2) Exploratory boreholes and drilling techniques (7) Estimated production 5.2.2 Specific information for mining projects (8) Estimated productive life of the mine (1) Mining plan and method (9) Phases of the project and chronogram (2) Excavation, open pit, underground mining, placer (10) Duration of the project (3) Mine development (11) Estimated date for the beginning of operations (4) Type of explosives to be used (12) Workforce (permanent and temporary workers) 5.2.3 Specific information for beneficiation projects (13) Total investment and financial sources (1) Mineral processing and metallurgy methods 5.2 Works and logistics (2) Beneficiation plants and associated facilities (crusher, grinder, mill, (1) Earthwork (volume of soil to be moved) concentrator, leaching pads, smelter, refinery, conveyors, cable cars, pipelines, tailings dam, reservoirs, etc.) (2) Volume of water required and water sources (for mining purposes and domestic and human consumption) (3) Ore and concentrates storing facilities (3) Water and wastewater treatment plants 5.3 Permits (4) Natural resources demand (timber, flora and fauna, etc.) (1) Permits required (i.e. water use, effluent treatment) (5) Waste rock deposits (2) Permits obtained (6) Electricity requirements and sources (3) Private agreements (i.e. easements, land leasing) (7) Power plants 5.4 Maps (8) Fuel supply and storage (1) Location map (1/25,000) depicting the following: (9) Mineral transportation system (a) Project area and area of influence (10) Buildings, camps, other facilities (b) Topography and relief (11) Equipment and machinery (c) Access roads (12) Roads to be constructed in kilometres (d) Urban areas and areas of urban expansion (13) Port facilities 100 101 (e) Populated rural areas (2) Flora and fauna (terrestrial and aquatic) distribution, conservation status, endemic species, and endangered species (f) Agriculture areas, cultivated areas, and areas with agricultural potential (3) Fragile ecosystems (deserts, mountains, wetlands, forests, other.) (g) Protected areas (4) Protected areas and buffering zones (h) Water bodies, wetlands, forests (5) Scenic beauties (2) Land use map (1/500 or 1/1000) depicting the following: (a) Water supply and sewerage network 6.3 Social environment (b) Electric power supply network (1) Demographic indicators (c) Site facilities layout (comprises any construction or works that modifies (2) Population distribution the preoperational landscape such as tunnels, open pits, plants, buildings, camps, (3) Social organization roads, waste rock dumps, tailing channels, tailing dams, slag deposits, mineral transportation, etc.) (4) Ethnic groups (d) Land owned by the applicant (5) Public health (e) Land owned by third parties (6) Economy and labour (3) Geology mapand geology report (7) Goods and services VI BASELINE (8) Residential location This Section describes the characteristics of the environment in the project area (9) Land ownership and use and area of influence before the implementation of the proposed project. (10) Use of natural resources 6.1 Physical environment (11) Recreation (1) Climate and meteorology (atmospheric conditions, temperature, humidity, rainfall, winds, storms, barometric pressure, etc.) (12) Utilities and services (2) Topography, geology, geomorphology, stratigraphy, geochemistry (13) Transportation services (3) Hydrography, hydrology, hydrogeology, hydraulic balance (14) Quality of life indicators (4) Land use capacity (15) Cultural heritage (5) Air, soil, water and ground quality (16) Areas of historical, cultural or scientific interest 6.2 Biological environment (17) Vulnerability (1) Biological diversity 102 103 6.4 Areas already disturbed 7.5 Post-closure phase Describe potential impacts from a closed operation. These impacts may comprise (1) Areas already disturbed by previous mining activities amongst others, acid drainage, long-term stability of ground or closed tailing dams. (2) Areas already disturbed by other previous activities VIII ENVIRONMENTAL MANAGEMENT PLAN (3) Current third party’s activities disturbing the area (4) Other elements that represent a menace to the conservation of natural This Section summarises the measures and actions to be taken by the applicant habitats and ecosystems during each phase of the project to avoid, mitigate or compensate each significant environmental impact identified in Section VI of this document. This information is VII ENVIRONMENTAL IMPACT included in the stand-alone Environmental Management Plan (EMP) and includes a budget for all works. Further guidance on the preparation of the Environmental In this Section the applicant shall describe possible significant environmental Management Plan is given in the Tenth Schedule. impacts of the project if implemented. The description shall refer to each phase of the project (exploration, construction, operation, closure and post-closure) and The set of measures which are proposed for control of environmental impacts shall indicate the affected environmental element and the action that caused the during each phase of the project (preventive measures, mitigation and impact. compensation) shall be summarized in a table as illustrated below. Significant impacts shall be determined based on the analysis of the impact’s Phase Environmental Preventive Mitigation Compensation impact characteristics: nature, extent, timing, probability, reversibility, duration and Construction Oil spill into a river Immediate clean magnitude. up measures: application of 7.1 Exploration oil dispersant and oil capture Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 Operation Ground water Installation of and 6.3 above. pollution from geomembrane tailings pond. underneath soil liner 7.2 Construction phase Closure Environmental Construction of alteration due to artificial lagoon Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 open pit not suitable by filling the pit and 6.3 above. for restoration to with water, in benefit original topography of migratory birds and recreational 7.3 Operational phase activities for the community Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 and 6.3above. IX ENVIRONMENTAL CONTINGENCY PLAN 7.4 Closure phase This Section shall contain an Environmental Risk Assessment (ERA) and an Describe remaining impacts after implementing the environmental management Environmental Contingency Plan (ECP). plan. 104 105 The ERA analyses the probability of an extreme accidental or natural event causing The Closure Plan shall comprise decommissioning and rehabilitation of all significant adverse effects on the environment and human health within the project components of the mining operations (exploration roads, boreholes, mine pits, area and/or in the project’s area of influence. The ERA shall determine the likelihood waste dumps, plant sites, etc.), during each phase of the project, including of the event and the magnitude of the consequences. progressive or concurrent reclamation, closure and post-closure measures. The ECP shall establish control measures to be applied in case of the occurrence of The Closure Plan shall describe the intended plans for the post-mining sustainable emergency situations detailed in an ERA. use of the project area. X MONITORING PLAN XII COMMUNICATION AND PUBLIC PARTICIPATION PLAN This Section describes the proposed plan for assessing the effectiveness of A communications plan shall be developed to manage public participation and the participation of stakeholders in the process of project planning, identification of environmental control measures (preventive measures, mitigation and environmental and social impacts, follow-up and monitoring. It shall indicate how compensation) set forth in the EMP. It shall refer to environmental standards public consultation is to be conducted (public hearings, workshops, media, etc.), approved by law or, if such laws are not provided, to internationally acceptable how the community’s principal concerns about the project will be identified and standards. how these will be managed by the applicant. The Monitoring Plan shall indicate the following; XIII ANALYSIS OF ALTERNATIVES TO THE PROPOSED PROJECT (1) Environmental aspects to be monitored This Section describes other alternatives to the project (such as different location, (2) Monitoring and inspection methodology alternative mining methodologies, substitutes to target minerals, etc.) and explains why the project design is the best in terms of environmental protection and social (3) Inspection frequency development. (4) Location of monitoring stations

SIXTH SCHEDULE - SIA STANDARDS (REGULATION 15 (1) (b)) (5) Reporting schedules 1. SIA General Principles (6) Equipment and supplies The Social Impact Assessment shall be carried out in accordance with the following (7) Administration principles - (8) Technical team (1) the mineral right holder shall ensure compliance with all human rights treaties to which Sierra Leone is a party at any time; XI CLOSURE PLAN (2) the diversity of interests and cultures of the many different social actors This Section describes the closure plan for mining operations at a conceptual involved in, and affected by, mining and mining related activities shall be level. The Conceptual Closure Plan will form the basis for developing a duly acknowledged and respected; comprehensive Closure Plan as required in Section 47 of these Regulations and the (3) every effort shall be made to protect local cultures and traditions; standards in the Ninth Schedule. 106 107 (4) assessment of the social dimension of mining and mining shall be designed (2) The SIA shall contain a socio-economic and cultural overview of the locality to help identify the best project options and alternatives, to minimise negative social impacts and to identify sustainable development (3) The SIA shall include a baseline description and identify and assess potential opportunities; social impacts on land, property, labour requirements, the work force and other social aspects of the proposals. (5) strong emphasis shall be placed on engaging local knowledge and experience; these resources combined with expert judgment, are fundamental (4) The SIA shall contain a map identifying all human settlements, including inputs for enhancing project planning and decision-making processes; villages and towns within their respective chiefdom jurisdictions. (6) the mining project shall recognize that development of social and human (5) The SIA shall include a chapter setting out a Social Impact Management capital is of primary importance when engaging communities in sustainable Plan (SIMP) with measures designed to prevent, mitigate or compensate for development projects and knowledge transfer from skilled to un-skilled social impacts. Furthermore, monitoring activities, timeframes and estimated workers shall play a major role in company employment policies; costs shall be included in the SIMP. (7) every effort shall be made by the applicant to recruit workers and retain the 3. Scoping Study and Report services of local enterprises from the local community and/or the Primary Host Community, (1) Following confirmation from the Agency that a Social Impact Assessment is required for a Category A or B Mining Project, the applicant will undertake (8) materials, food and other resources shall be sourced from the local a scoping study and prepare a scoping report. communities, (2) The scoping study will examine: (9) the holder of a mineral right shall engage social and economic experts periodically throughout the mine life cycle to monitor compliance with its (a) The basic social characteristics of the proposed licence area and social and environmental obligations; and its surroundings; (10) if, under the best scientific advice and feasible mitigation measures it is (b) Any specific local language requirements to ensure that all public concluded that a planned intervention poses considerable threats to the participation and public consultation processes reach affected health or survival of a community that intervention shall not proceed. communities; 2. General Provisions on Social Impact Assessment (c) The main economic activities, in addition to mining, that is taking place or are being promoted within the region. Applicants shall apply the same principles on Social Impact Assessment to all levels of assessment from exploratory and small scale mining to large scale mining. (d) The main requirements of the project for skilled and unskilled labour, materials and services that could be provided from the (1) The SIA shall contain a section on methodology and give a clear statement local communities. about the processes of public consultation and public participation that (e) A preliminary assessment of the likely range of adverse and have been employed. beneficial social impacts. 108 109 (f) Requirements for negotiations over land and other natural Non-Technical Project Brief. In addition a communications plan shall be prepared resources. and followed in accordance with the First Schedule. (3) The findings of the scoping study will be written up in a report not exceeding 60 A4 sides of paper. 7. Stakeholder participation When undertaking the analysis of social and local economic issues the applicant (4) The Scoping Report will be submitted to the Agency and any shall actively engage local stakeholders including village communities, individuals recommendations from the Agency will be carefully considered and and local enterprises such as agricultural cooperatives, education, gender and incorporated as appropriate in a final document. youth empowerment groups, market traders and educational, health and social (5) The Final Scoping Report shall be published on the Company’s website workers. A full list of stakeholders’ names, positions and contact details shall be (where this exists) and copies shall be provided to the District Authorities kept by the applicant and published in the draft SIA report. and Chiefdoms’ administrative offices for public display and access. 8. Undertaking the Social Impact Assessment 4. Non-Technical Project Brief The process of undertaking the Social Impact Assessment shall include: The applicant for an environmental licence shall prepare a Non-Technical Project Brief which summarises the essential characteristics of the planned project in terms (1) identifying, analyzing, managing, and monitoring the negative and of the likely area of land required, the nature of the mine site in terms of area and positive, intended and unintended consequences of reconnaissance, depth, the type of extraction process envisaged, options for disposing of rock, exploration, small-scale, and large-scale mining operations, and any kind sand and tailings waste, the type of buildings and structures to be erected, and the of social and cultural change that these interventions may generate; quantities of materials and means of transportation for transferring mine products for further processing or to ultimate markets. (2) a public consultation process through which to identify, analyse, manage, The non-technical project brief shall be published and copies provided to the and monitor potential social impacts; District Authorities and Chiefdoms’ administrative offices for public display and access. (3) a participatory processes with the aim of strengthening the role of women, youth, and marginalized segments of society in development planning, 5. Formation of Community Liaison Committee bringing about higher levels of social inclusion and a more equitable distribution of benefits. A community liaison committee shall be formed in accordance with Section 5 of these Regulations as soon as it becomes apparent to the applicant that the project (4) a strategy identifying how the applicant plans to obtain the community’s is likely to involve negotiations with the local community and Primary Host support for the project and strengthen ties with it throughout the entire Community over any aspect of social cultural and local economic activities. This life of the project, including preparing the community for closure and need is certain to arise with large scale mining and will also apply to most small scale mining projects. post-closure phases. 6. Public Participation and Consultation 9. Draft SIA report The results of the social and local economic analysis shall be written up in a draft The applicant shall arrange for full public disclosure of the Scoping Report and 110 111 Social Impact Assessment and submitted for comment to the Agency. The draft I CONTEXT findings shall also be presented to the stakeholders identified in (7) above. 1.1 Name of the project 1.2 Particulars of the applicant for an Environmental Licence 10. Review by the Environment Protection Agency Name: Identity document/registration: Following review by the Agency and, where appropriate, by the Resettlement Committee, the applicant shall revise the draft SIA report to take account of these Legal representative: views. Address: 11. Publication of the Social Impact Assessment Report Telephone number: The Company shall make the findings of the SIA public by making them available E-mail address: for the public to review through a variety of medium which may include periodic radio broadcasts, publication at local town halls, community halls and/or public 1.3 Information on the Social Impact assessors and company that produced notice boards, adjourning meetings with local communities and dissemination the EIA amongst local civil society groups, as appropriate. Name: Identity document/registration: 12. Components of SIA Report Registration with the Agency: A Social Impact Assessment Report shall include the following: Legal representative: (1) Social baseline description Address: (2) Potential impacts and analysing alternatives Telephone number: (3) Maximising development opportunities and mitigation of negative impacts E-mail address: (4) Benefit and Impact plan II PREAMBLE AND TABLE OF CONTENTS (5) Monitoring Plan The preamble shall provide: (6) Evaluation Plan (1) Acknowledgements: identifying the principal contributors and 13. Content of the SIA Report stakeholders who have rendered assistance to the assessment team. The Social Impact Assessment Report shall include the following: (2) Key sources of information (3) Definitions and abbreviations. Defines all words, expressions and abbreviations that a layperson cannot be expected to know. 112 113 The contents list shall contain an index of the SIA. VI DESCRIPTION OF THE PROJECT III EXECUTIVE SUMMARY This chapter summarises the proposed project and its geographical, social and temporal context, including any off-site developments that may be required (e.g. Discusses significant findings and recommended actions in a non-technical access roads, power plants, water supply, housing, storage facilities). Relevant language (layperson’s language). It shall include summarized information on the maps are to be included showing the project site and area of influence. following: The description of the project shall contain the following information as applicable: (1) Project description 6.1 General information on the project (2) Social and local economic impacts of the project (1) Type of mining activity (exploration, artisanal mining, small scale mining, (3) Social impact management plan, social monitoring plan and social large scale mining, dredging mining, radioactive substances mining) components of the mine closure plan (4) Public participation plan (2) Project location (district, chiefdom, village, section) IV INTRODUCTION (3) Blocks that comprise the project area, indicating UTM coordinates (1) Brief history of the project (4) The extent of the project area (hectares) (2) Other mining projects under the applicant’s control that are planned or in progress in the same area (5) Minerals to be explored or produced (3) Other associated projects (6) Proven and probable mineral reserves (7) Estimated production (4) Previous environmental management instruments (5) Benefits of the project (locally and regionally) (8) Estimated productive life of the mine (6) Legal framework (9) Phases of the project and chronogram (7) Methodology adopted for the social impact assessments (to be expanded, (10) Duration of the project as necessary in technical appendices for individual specialist topics). (11) Estimated date for the beginning of operations V POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK (12) Workforce (permanent and temporary workers) This chapter discusses the policy, legal and administrative framework within which the SIA is carried out, including relevant international agreements to which Sierra (13) Total investment and financial sources Leone is a party. 114 115 VII SOCIAL BASELINE 6.2 Permits This Section describes relevant social and economic conditions in local communities, (1) Permits required (i.e. water use, effluent treatment) the region and Sierra Leone at large, including any changes anticipated before the project commences. Quantitative parameters are provided where possible. (2) Permits obtained 7.1 Demographic Indicators (3) Private agreements (i.e. easements, land leasing) (1) Population number, density and distribution 6.3 Maps (1) Location map (1/25,000) depicting the following: (2) Population age profile (a) Area and area of influence (3) Male/Female ratios (b) Topography and relief (4) Children under 18 (c) Access roads (5) Average life expectancy (d) Urban areas and areas of urban expansion (e) Populated rural areas (6) Population growth (f) Agriculture areas, cultivated areas, and areas with agricultural (7) Migration potential (8) Fertility rates (g) Protected areas 7.2 Community and Social Organisation (h) Water bodies, wetlands, forests (1) Land use map (1/25000) depicting the following: (1) Role of Chiefdoms (2) Local authority structure, powers, capabilities (a) Water supply and sewerage network (3) Informal administration structures (b) Electric power supply network (c) Site facilities layout (4) Cultural diversity, ethnic groupings and religion (5) Local customs and taboos (d) Land owned by the applicant (6) Vulnerable and disadvantaged groups (e) Land owned by third parties 116 117 7.3 Housing 7.7 Land ownership and use (1) Housing stock 7.8 Use of natural resources (2) Housing condition 7.9 Utilities and services (3) Housing demand 7.10 Intangible Assets 7.4 Education (1) Quality of life indicators (1) Child Education (2) Cultural heritage (2) Youth education and training (3) Areas of historical, cultural or scientific interest (3) Adult education and training VIII SOCIAL AND LOCAL ECONOMIC IMPACT 7.5 Public Health (1) Mortality rates In this Section the applicant shall describe possible significant socio-economic impacts of the project if implemented. The description shall refer to each phase of (2) Morbidity rates the project (exploration, construction, operation, closure and post-closure), (3) Maternal welfare (pre/post natal) indicating the affected socio-economic element and the action that caused the impact. The assessment of socio-economic impacts shall take into account relevant (4) Infectious diseases local, regional or national development plans. (5) Nutrition levels Significant impacts shall be determined based on the analysis of the impact’s (6) HIV/AIDs characteristics: nature, extent, timing, probability, reversibility, duration and magnitude. 7.6 Economy and Livelihoods 8.1 Exploration (1) Economic structure Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 (2) Livelihoods and 6.3 above. (3) Business Enterprises 8.2 Construction phase (4) Employment (5) Unemployment Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 and 6.3 above. (6) Goods and services (7) Market trading 8.3 Operational phase Describe environmental impacts of the project on the items listed in Section 6.1, 6.2 and 6.3 above. 118 119 8.4 Closure phase XI SOCIO-ECONOMIC CONTINGENCY PLAN Describe remaining impacts after implementing the environmental management plan. This Section shall contain a Social and Economic Risk Assessment (SERA) and a 8.5 Post-closure phase Socio-Economic Contingency Plan (SECP). Describe potential impacts from a closed operation. These impacts may comprise acid drainage, long-term stability of ground or closed tailing dams, among others. The SERA analyses the possibility of an extreme accidental or natural event causing significant adverse effects on the social fabric and human health within the project IX SOCIAL IMPACT MANAGEMENT PLAN area and/or in the project’s area of influence. The SERA shall determine the event likelihood and the magnitude of the consequences. This Section describes the set of measures and actions to be taken by the proponent during each phase of the project to avoid, mitigate or compensate each significant The SECP shall establish control measures to be applied in case of emergency socio-economic impact identified in Part VII of this Schedule. The Social Impact situations described in the SERA. Management Plan (SMP) shall include a budget. Further guidance on the preparation of a social impact management plan is given in the Eleventh Schedule. XII SOCIO-ECONOMIC AND HEALTH MONITORING PLAN The set of proposed measures to control environmental impacts for each phase of the project (preventive measures, mitigation and compensation) shall be summarized This Section describes the proposed plan for assessing the effectiveness of socio- in the table below (see example in Italics economic and health control measures (preventive measures, mitigation and compensation) set forth in the SIMP. It shall refer to socio-economic and health Phase Socio-Economic Preventive Mitigation Compensation standards and standards approved by law or, in the absence of such laws, to impact internationally acceptable standards. Construction The Monitoring Plan shall indicate the following; Operation (1) Socio-economic and health aspects to be monitored (2) Monitoring and inspection methodology Closure (3) Inspection frequency X COMMUNITY DEVELOPMENT PLAN (4) Location of monitoring stations The Social Impact Assessment shall include a chapter which summarises the state (5) Reporting schedules of negotiations between the applicant for an environmental licence and the Primary Host Community being undertaken in accordance with Section 140 of the Mines (6) Equipment and supplies and Minerals Act 2009. An outline of the content and main proposals of the Community Development Plan shall be included together with the programme for (7) Administration finalizing this document and, where appropriate, arrangements for entering into a Community Development Agreement. (8) Technical team 120 121 The Evaluation of monitoring results will form a key output from the socio-economic SEVENTH SCHEDULE–ESIA STANDARDS (REGULATION 15 (1) (C)) and health monitoring plan. The results shall be carefully considered by the environmental licence holder and acted upon in implementing the social impact 1. Environmental and Social Impact Assessment (ESIA) Procedures management plan. These standards set out the procedures for conducting a simplified form of XIII SOCIAL AND ECONOMIC COMPONENTS OF THE CLOSURE environmental, social and health impact assessment for those Category C projects PLAN identified in Regulation 13 that do not require a comprehensive Environmental Impact Assessment or Social Impact Assessment. This Section describes the mine closure plan for mining operations at a conceptual The Regulations and these standards recognise that there are some forms of level. The Conceptual Closure Plan will form the basis for developing a exploration and small-scale mining activity that are unlikely to have major comprehensive Mine Closure Plan as required in Section 47 of these Regulations environmental, social or health impacts. These operations may typically involve: and described in more detail in the Ninth Schedule. (1) extraction of small quantities of ore for bulk sampling during mineral The Mine Closure Plan shall comprise decommissioning and rehabilitation of all exploration components of the mining operations (exploration roads, boreholes, mine pits, waste dumps, plant sites, etc.), during each phase of the project, including (2) small quarries used for the extraction of building stone progressive or concurrent reclamation, closure and post-closure measures. The Mine Closure Plan shall describe the intended post-mining sustainable use of (3) small scale sand and gravel pits the project area. Very occasionally, other small scale mining operations may qualify for the simplified form of assessment if the type of mineral extraction allows for rapid restoration of XIV COMMUNICATIONS AND PUBLIC PARTICIPATION PLAN worked out areas and there are no important or sensitive environmental habitats or social issues on the mine site or the surrounding area. The Communications and Public Participation Plan shall describe the participation For the avoidance of doubt no large scale mining operations will qualify for simplified of stakeholders in the process of project planning, identification of environmental and social impacts, follow-up and monitoring. It shall indicate what are the means assessment using ESIA. for public consultation to be used (public hearings, workshops, media, etc.), what the community’s principal concerns about the project are and how these plan to be 2. Conduct of an Environmental and Social Impact Assessment managed by the proponent. Applicants for a Category C Project Environmental Licence shall undertake a XV ANALYSIS OF ALTERNATIVES TO THE PROPOSED PROJECT combined assessment on environmental, social and health issues relating to the project and prepare a report of not more than 100 pages including appendices. The work shall be undertaken by assessors who are qualified and competent to This Section describes other alternatives to the project (such as different location, undertake the three core areas of assessment. alternative mining methodologies, substitutes to target minerals, etc.) and indicates how the community and surrounding district would possibly develop if the project 3. Content of the EIA Report is not realized, for example, in terms of potential social impacts; and reasons why these alternatives have not been chosen. The Environmental Impact Assessment Report shall include the following: 122 123 I CONTEXT IV INTRODUCTION The introduction shall contain the following: 1.1 Name of the project 1.2 Particulars of the applicant for an Environmental Licence (1) Description of the project Name: Identity document/registration: (2) Relationship to other developments under the applicant’s control or Legal representative: ownership Address: Telephone number: (3) Benefits of the project E-mail address: (4) Methodology adopted for the environmental assessments 1.3 Information on the Environmental firm that produced the EIA V DESCRIPTION OF THE PROJECT Name: Identity document/registration: The description of the project shall contain the following information as applicable: Registration with the Agency: Legal representative: 5.1 General information on the project Address: Telephone number: (1) Type of mining activity (exploration, artisanal mining, small scale mining, E-mail address: large scale mining, dredging mining, radioactive substances mining) (2) Project location (district, chiefdom, village, section) II TABLE OF CONTENTS (3) Blocks that comprise the project area, indicating UTM coordinates This section shall contain an index of the EIA. (4) The extent of the project area (hectares) III EXECUTIVESUMMARY (5) Minerals to be explored or produced The executive summary shall be written in plain English and in a form that is (6) Proven and probable mineral reserves accessible to all potentially affected parties. It shall include summarized information (7) Estimated production on the following: (8) Estimated productive life of the mine (1) Project description (9) Phases of the project and chronogram (2) Environmental, social and health impacts of the project (10) Duration of the project (3) Combined environmental, social and health management plan, monitoring plan and closure plan (11) Estimated date for the beginning of operations (4) Statement on public participation procedures (12) Workforce (permanent and temporary workers) (13) Total investment and financial sources 124 125 5.2 Works and logistics 5.5 Specific information for beneficiation projects (1) Earthwork (volume of soil to be moved) (1) Mineral processing and metallurgy methods (2) Volume of water required and water sources (for process, domestic and human consumption) (2) Beneficiation plants and associated facilities (crusher, grinder, mill, concentrator, leaching pads, smelter, refinery, conveyors, cable cars, (3) Water and wastewater treatment plants pipelines, tailings dam, reservoirs, etc.) (4) Natural resources demand (timber, flora and fauna, etc.) (3) Ore and concentrates storing facilities (5) Waste rock deposits 5.6 Permits (6) Electricity requirements and sources (7) Power plants (1) Permits required (i.e. water use, effluent treatment) (2) Permits obtained (8) Fuel supply and storage (3) Private agreements (i.e. easements, land leasing) (9) Mineral transportation system 5.7 Maps (10) Buildings, camps, other facilities Location map (1/25,000) depicting the following: (11) Equipment and machinery (12) Roads to be constructed in kilometres (1) Project area and area of influence (13) Port facilities (2) Topography and relief (3) Access roads 5.3 Specific information for exploration projects (4) Urban areas and areas of urban expansion (1) Exploration plan and method (5) Populated rural areas (2) Exploratory boreholes, drilling techniques (6) Agriculture areas, cultivated areas, and areas with agricultural potential 5.4 Specific information for exploration projects (7) Protected areas (1) Mining plan and method (8) Water bodies, wetlands, forests (2) Excavation, open pit, underground mining, placer 5.8 Land use map (1/500 or 1/1000) depicting the following: (3) Mine development (1) Water supply and sewerage network (4) Type of explosives to be used (2) Electric power supply network 126 127 (3) Site facilities layout (comprises any construction or works that modifies VIII INTEGRATED ENVIRONMENTAL AND SOCIAL MANAGEMENT the preoperational landscape such as tunnels, open pits, plants,buildings, PLAN camps, roads, waste rock dumps, tailing channels, tailing dams, slag deposits, mineral transportation, etc.) This Section describes the set of measures and actions to be taken by the applicant during each phase of the project to avoid, mitigate or compensate the environmental (4) Land owned by the applicant and/or social impacts identified in Section VII. The integrated environmental and social management plan shall include an indicative budget for all works. (5) Land owned by third parties IX ENVIRONMENTAL AND SOCIAL RISKS 5.9 Geology map and geology report A chapter shall be included indicating any potential environmental or social risks VI ENVIRONMENTAL, SOCIAL AND HEALTH BASELINE and the measures that will be taken to control such risks. This Section describes the characteristics of the environment in the project area X INSPECTION AND MONITORING PLAN and area of influence under existing conditions (i.e. prior to the project development) A chapter shall be included setting out the measures that are proposed for 6.1 Physical environment monitoring potential sources of environmental pollution and control measures to avoid, mitigate or compensate for any adverse environmental or social impacts 6.2 Biological environment XI CLOSURE PLAN 6.3 Social, local economic, health and environment A chapter shall be included outlining the steps that will be taken to decommission 6.4 Areas already disturbed the mine and rehabilitate the site on completion of works. The Mine Closure Plan shall describe the intended post-mining sustainable use of The content of these sections shall draw on the fuller description of topics to be the project area. covered under an EIA or SIA baseline, where these are relevant to the assessment. XII STATEMENT ON PUBLIC PARTICIPATION VII POTENTIAL IMPACTS A section shall be included in the report indicating the steps that have been taken In this Section the applicant shall describe possible significant environmental, to consult the local community and the Primary Host Community and the measures social and where relevant health impacts of the project if implemented. The that will be followed to keep stakeholders informed throughout the mine life cycle. description shall be referred to each phase of the project (exploration, construction, operation, and closure), indicating the affected environmental element and the XIII ANALYSIS OF ALTERNATIVES TO THE PROPOSED PROJECT action that caused the impact. This Section shall describe other alternatives to the project (such as different Significant impacts shall be determined based on the analysis of the impact’s location, alternative mining methodologies, substitutes to target minerals, etc.) characteristics: nature, extent, timing, probability, reversibility, duration and and explain why the project design is the best in terms of environmental protection magnitude. and social development. 128 129

EIGHTH SCHEDULE - ENVIRONMENTAL CODE OF PRACTICE III. Water (REGULATIONS 15 (1) (D) AND 55 (2) ) (1) The holder of a mineral right shall ensure that no water supplies are 1. Application of the code of practice adversely affected or access to water is impaired by the operations for any other users in the locality. This code of practice will be applied by all holders of mineral rights to their operations in circumstances where: (2) In the event that the operations accidently cause a temporary break in service or supply to any other users in the locality, the mineral right (1) a declaration has been signed under oath that there will be no adverse holder shall provide alternative supplies and meet the full costs of environmental, social or local economic impacts arising from the opera- tions; and compensation for disruption of supply. (2) the Agency has issued a decision that an environmental licence is not (3) In the absence of any agreement under (4) below, all pipes, tanks and required and the code of practice shall apply. other receptacles used for water storage shall be removed on completion of the operations. 2. Content of The Code of Practice (4) Pipes, tanks and other water storage receptacles may be retained on site I. Land Surface for use by the landowner or local community if this action is authorised by the Agency following a written request from the holder of a mineral (1) The site(s) of operations shall be protected at all times by fencing or by right. constant inspection to ensure that they pose no risk to the local community and Primary Host Community and in particular children or IV. Wildlife and Nature Conservation other vulnerable groups. The holder of a mineral right shall ensure that minimum disturbance is caused to (2) All areas of land affected by the operations shall be reinstated to their local habitats by the operations. original condition following completion of the operations and such reinstatement shall include the replacement of soil and reseeding or V. Natural Resources replanting of vegetation, or in the case of productive land, re-cultivation of the land to leave it in a state suitable for the growing of crops. (1) With the exception of the clearance of vegetation to permit activities to proceed in accordance with the signed declaration, the operator II. Land Excavation undertakes not to fell trees or cut timber or remove any other natural resources from the site. Any excavation created as part of the operations shall be backfilled with inert material or regarded to leave smooth free-draining contours with no depressions (2) The rights of local communities to collect roots, fruits, honey, medicinal or pits that could fill with water. plants, fire wood and any other natural resources in the area shall be respected. 130 131 VI. Infrastructure & Access IX. Emissions & Waste (1) Where any form of mineral traffic, including movement of plant takes (1) The holder of a mineral right shall ensure that at all times throughout the place on public access roads or tracks and the roadways are subject to operations, any emissions to air, water or land are kept to an absolute wear and tear from this traffic, the operator undertakes to maintain such minimum and at levels that pose no risk whatsoever to the health of roads in a state which is as good as, if not better than it was prior to the workers, local inhabitants or wildlife. commencement of operations. (2) Following closure of the operations the operator shall leave all access (2) Drilling mud and all other reagents used in lubricating drill rods and roads used by mineral traffic in a condition which is as good as, if not drilling equipment shall be contained in sealed circulatory systems and better than those at the start of operations. recycled without discharge to the environment. VII. Energy & Fuel X. Social Conditions (1) All equipment used for the transport or storage of diesel, oil and other fuels will be maintained in safe and fully serviceable condition throughout (1) The holder of a mineral right shall ensure that all aspects of the operations the life of the operations and shall be removed on completion of the are controlled to the highest standards and do not give rise to any works. disturbance or annoyance to persons living or working in the vicinity of the operations. (2) Areas used for the storage or transfer of diesel, oil and other fuels shall be protected against accidental spillage with an impermeable membrane (2) The holder of a mineral right shall be liable for any accidents caused to (plastic or equivalent) laid beneath an absorbent surface. members of the local community and/or the Primary Host Community and in particular children or other vulnerable groups arising within the VIII. Buildings, Structures and Processing Plant area of the operations and shall be obliged to pay full compensation in the event of injury or death or any individual. (1) All buildings, structures and processing plant shall be maintained in a safe and secure condition during the operations and will be removed on XI. Land use completion of the operations, except under condition (2). The holder of a mineral right shall ensure that the operations are conducted in (2) Following completion of the operations, buildings may be retained on harmony with all surrounding land uses and shall undertake restitution with full site for use by the landowner or local community if this action is compensation in the event that any aspect of the operations leads to accidental authorised by the Agency following a written request from the holder of damage to neighbouring land uses. a mineral right. 132 133

NINTH SCHEDULE - MINE CLOSURE PLAN STANDARDS 4. Level of Detail required in a Mine Closure Plan (REGULATIONS 16(A), 33 (7) ) The level of detail provided with each category of project will vary according to the 1. Objectives complexity of the mineral deposit and the expected longevity of the mining operations. The level of detail required in a Mine Closure Plan for small scale The aim of these standards is to ensure that for every mining operation in Sierra mining operations will be significantly less than is required for large scale mines. Leone a planning process is in place that ensures the mine can be closed, decommissioned and rehabilitated in an ecologically and socially sustainable Table 1 below provides an indication of the information required. manner consistent with the terms of the environmental licence. Anticipated Post-mining Identification and Level of Status of Mine The responsibility for opening, operating and closing a mine rests on the Life of Mine land use Management of Key information Closure Plan Environmental Issues environmental licence holder and mineral right holder and must be exercised without unacceptable liability to the state. Long term in Provisional All high risk Indicative Provisional Planning for mine closure should be an integral part of mine development and excess of 25 targets components years established identified operations planning. Consequently the level of information required should correspond to the stage in the mine lifespan. Medium term Clear proposals Full risk Well informed Full Plan 2. Principles and Approaches towards Mine Closure Planning (10-25 years) set out assessment presented provided At all stages from project approval and licencing onwards, the Mine Closure Plan should demonstrate that ecologically sustainable approaches can be followed. Mine closure plans shall be site-specific. “Off the shelf” or generic proposals will Short term up Full definition Full risk Full and Plan and to 10 years of future uses assessment accurate details detailed not be permitted. required provided proposals presented Closure planning should take account of detailed materials characterization, data on local environmental conditions and climatic conditions. Small scale Full definition Full risk Full and Plan and mining of future assessment accurate details detailed Consultation should take place between the mine manager and local communities. opera tions uses required provided proposals presented 3. Public availability of documents Existing Assessed on Assessed on Assessed on Assessed on The applicant shall ensure that all Mine Closure Plans are made public in the Local opera tions case-by-case case-by-case case-by-case case-by-case Community and the Primary Host Community and shall use a variety of medium basis basis basis basis which may include periodic radio broadcasts, publication at local town halls, community halls and/or public notice boards, adjourning meetings with local communities and/or dissemination amongst local civil society groups, as appropriate. 134 135 5. Details required in a Mine Closure Plan Section 6 Post-mining land use and closure objectives Section 7 Presentation of final land forms in map and graphic (3-D) formats A Mine Closure Plan must be accompanied by professionally surveyed site plans, aerial photographs and three dimensional drawings and diagrams. Section 8 Identification and Management of closure issues The suggested content of a MCP is detailed below: For example: - Hazardous materials CONTENT - Hazardous and unsafe facilities Cover Page: - Contaminated sites (1) Title of project - Acid and metallic-ferrous drainage (2) Document title - Radioactivity (3) Document ID number and version number - Fibrous materials (asbestos) (4) Date of submission - Non-target metals and residues in mine wastes (5) Environmental Licence number (or application number) - Management of mine pit lakes (6) Mineral Rights Licence number (or application number) - Adverse impacts on surface and ground water quality (7) Company name - Dispersive materials (8) Full contact details - Design and maintenance of permanent drainage systems Table of Contents - Dust emissions Section 1 Scope and Purpose of the Mine Closure Plan - Rehabilitation of flora and fauna Section 2 Project Summary - Visual amenity Covering: land ownership, location of the operations, overview of - Heritage issues the mining operations, comprehensive site plan Section 9 Completion Criteria, Performance indicators and targets Section 3 Identification of closure obligations and commitments Section 10 Financial provisions Section 4 Collection and analysis of closure data Covering environmental data, other closure data and an analysis of To cover: data - Earthmoving and landscape forming operations Section 5 Results of Stakeholder consultation - Management of hazardous or unstable materials 136 137 - Management of surface water drainage post closure - Ensure orderly, timely and cost-effective closure outcomes; - Research and trials - Reduce uncertainty in terms of the scale of closure costs; and - Decommissioning and removal of infrastructure - Ensure application of continual improvements in remedial technology, the enhancement of the final design and management of drainage, erosion and - Remediation of contaminated areas seepage controls. - Progressive and final restoration 7. Minimum requirements for a Mine Closure Plan - Post-closure maintenance and monitoring - Continuing stakeholder consultations A Mine Closure Plan will be judged incomplete if the answer to any of the following questions is NO;- - Closure project management (administration, specialist consultancy, legal fees) (1) Has the closure plan been prepared specifically for this site? - Provision for unexpected closures (2) Is stakeholder consultation fully documented in the plan? - Provision for potential delays and extreme events. (3) Does the plan clearly indicate how stakeholders’ concerns have been taken into account? Section 11 Closure Implementation (4) Has a full environmental and social assessment been undertaken of the - Management structure and staffing issues involved in closing and rehabilitating the mine? - Work plan and programme 5) Are workable management measures identified and formally proposed - Sources of materials for remedial works as part of the mine closure plan for dealing with the issues highlighted in (4) above, - Pilot processes (6) Is there evidence that experience from other similar sites in Sierra Leone, Section 12 Closure Monitoring and maintenance or other countries has been taken into account with the lessons learnt being applied to the mine closure plan? Section 13 Management of date and permanent mine records depository (7) Does the mine closure plan contain firm proposals for further research 6. Risk Assessment and field trials to support closure proposals? In the interests of reducing the risks of failure in achieving full rehabilitation of (8) Is the scope for progressive restoration or rehabilitation fully examined worked out mines, the applicant shall carry out a risk assessment and include the in the mine closure plan? findings in the Mine Closure Plan. The purpose of the risk assessment is to: (9) If scope exists for progressive restoration or rehabilitation are the necessary technical and financial provisions made in the plan? - Ensure early identification of potential risks; (10) Does the mine closure plan contain a section setting out measures for - Develop acceptable and realistic criteria to measure performance; dealing with closure and the possibility of temporary closure on a care and maintenance basis? 138 139 8. Changes to approved Mining Proposals 2. Objectives of the Environmental Management Plan Any substantial change to an approved mining operations and a mine plan is likely to result in increases in environmental and social impact. This in turn will necessitate An environmental management plan sets out the measures and steps that will be taken by the holder of an environmental licence to avoid, minimise, mitigate or review of the mine closure plan. compensate for adverse environmental effects arising from the mining operation that are identified in the environmental impact assessment studies and report. 9. Unexpected and Temporary Closure The level of detail will vary according to the stage of mining operation that is being covered in the environmental license (i.e. exploration, detailed feasibility study or Mining operations can run into unexpected issues, like the influx of water into the full scale mining) and the scale of operations (small scale or large scale mining mine area, or change in economic circumstances that necessitate temporary closure operations). of the mining operations. If temporary closure becomes necessary this will trigger requirements for adoption of a Care and Maintenance Plan as set out in the An EMP will describe critical environmental values and/or sensitive sites that are Seventeenth Schedule of these Regulations. In the case of a temporary closure the to be protected during the life, closure and post-closure stages of the operations, mineral right holder is required carry out all environmental obligations without in addition to those environmental features that are likely to be directly influenced or affected. interruptions. Specific commitments must be entered into in the plan based on the site assessments 10. Existing Mine Operations and international best practice in environmental care and proven research. Provisions Under the Regulations and this Schedule the mine closure plans for all existing for monitoring must be included that are technical and financially achievable and mining operations will need to be reviewed every 2 years these shall cover environmental protection objectives, standards, measurable indicators and control strategies.

TENTH SCHEDULE - ENVIRONMENTAL MANAGEMENT PLAN STANDARDS (REGULATION 16(1)(B)) Applicants for an environmental licence are strongly advised to consult the Agency while preparing environmental protection commitments and responses to the 1. Preparation of an Environmental Management Plan findings of the EIA. 3. Recommended contents of an Environmental Management Plan A mineral right holder which is obliged to prepare an EIA shall prepare an Environmental Management Plan in accordance with Section 110(2)(d) of the Mines Environmental Management Plan for an Environmental Licence for Exploration and Minerals Act, 2009. CONTENTS The Environmental Management Plan must incorporate all of the recommendations and commitments to environmental protection in terms of avoidance, minimisation Section 1 Mining project status and compensation that are contained in the Environmental Impact Assessment, Section 2 Description of mining activities together with any additional conditions that are attached to the Environment Licence. The Environmental Management Plan must include a programme of environmental Section 3 Description of environmental values and potential impacts works, including timescale, targets and indicative costs. Section 4 Management measures for each of the following environmental values, as applicable 140 141 - Air : micro-climate, dust, odours, point source contaminants Social obligations covered in the social management plan are separate and distinct from any wider commitments arising pursuant to negotiations with the host - Water: natural watercourses, stream sediments, water quality, community in relation to a Community Development Agreement or community groundwater, dams and containments, sewage effluent quality and development plan or resulting from a Company’s corporate and social responsibility control, policies. - Noise and vibration 2. Preparing a Social Management Plan - Wastes: liquids and solids All Category A project applicants are required to prepare a social management plan. Where it is deemed appropriate, an authorised officer of the Agency or the - Land, landforms, rehabilitation criteria, landform design, gradients relating Director of Mines may also direct that a Social Management Plan be prepared for a to end-uses Category B project. - Dams containing hazardous waste In accordance with these Regulations, a social management plan must be revised annually throughout the construction, implementation, operations and closure - Infrastructure: roads, power lines, generators stages of a mineral operation. The annually updated SMP shall be submitted to the Agency within one month of the date of its adoption. - Vegetation: flora - Biodiversity: fauna 3. Objectives of a social management plan - Heritage and cultural conservation features A social management plan sets out the measures and steps that will be taken by the holder of an environmental licence to avoid, minimises, mitigate or compensate for adverse social effects arising from the mining operation that are identified in the

ELEVENTH SCHEDULE - SOCIAL MANAGEMENT PLAN STANDARDS social impact assessment studies and report (or the environmental and social impact (REGULATION 16 (C)) assessment study and report in the case of a Category C Project). 1. Status of a social management plan The level of detail will vary according to the stage of mining operation that is being covered in the environmental license (i.e. exploration, detailed feasibility study or A social management plan is prepared from the material contained in a social full scale mining) and the scale of operations (small scale or large scale). impact assessment (SIA) environmental and social impact assessment (ESIA) and contains the measures to prevent, mitigate or compensate for negative social A SMP will describe critical social values and/or sensitive sites that are to be impacts resulting from mining activities as well as measures to enhance and maximise protected during the life, closure and post-closure stages of the mining operations development opportunities. in addition to those social and local economic features that are likely to be directly influenced or affected. The social management plan sets out the steps and measures that will be taken by the mineral right holder to deliver all of the social and local economic obligations Specific and tailored commitments must be entered into in the plan based on site that stem from these Regulations in relation to the construction, implementation, assessments, international best practice in social care and proven research. All operation and closure of mining activities and operations. monitoring provisions must be technically and financially achievable and must cover social protection objectives, standards, measurable indicators and control strategies. 142 143 Applicants for an environmental licence are strongly advised to consult the Agency 2. Community development plan while preparing their social protection commitments and responses to the findings of the SIA or ESIA. The Community development agreement shall be based on the contents of a community development plan which in turn sets out how the holder of an 4. Contents of a social management plan environment licence will implement the findings and recommendations of a social impact assessment (SIA) or environmental and social impact assessment (ESIA). The social management plan will contain, as a minimum, the following criteria: CONTENTS The Community Development Plan (CDP) will include; Section 1 Mining project status (1) a participatory framework; (2) a statement on the company’s policy, procedures and institutional Section 2 Description of mining activities arrangements necessary to implement sustainable development opportunities in the Host Community in the social impact assessment or Section 3 Description of social and local economic values and any sensitive sites and potential impacts environmental and social impact assessment and in the social management plan. Section 4 Management measures for each social and local economic value. (3) a local employment and procurement strategy that commits the applicant;- In addition, the social management plan shall include sections detailing the following:- (a) to a policy of utilizing local employment wherever practical during all stages of mine development; and (a) references and links to a public consultation and participation plan; (b) to purchasing local materials and products wherever practical. (b) a grievance or conflict management plan; (4) a gender strategy outlining actions for improving the condition of women and children within the Host Community who are likely to be affected by (c) timescales and estimated costs for the work; and the planned operations. (d) provisions for monitoring and evaluating the results, and where (5) a community development programme which shall include at least the necessary, taking extra measures. following:

TWELFTH SCHEDULE - COMMUNITY DEVELOPMENT AGREEMENT (a) objectives, AND PLAN STANDARDS (REGULATION 16 (c) (iii)) (b) milestones; 1. Community development agreement (c) implementation timetable; The holder of a small scale or large scale mining license is required to have and (d) schedule of anticipated expenditures; implement a community development agreement with the host community in accordance with Section 139(1) of the Mines and Minerals Act 2009. (e) metrics by which to measure progress; 144 145 (f) periodic reporting including actual expenditures; 8. CDAs and annual reports available to the public (g) how the plan works in coordination with government plans, 9. Transfer services, infrastructure and activities provided to or affecting the community; 10. Pre-existing mining rights (h) how the provision of any service provided by the mining right 4. Objectives of the Standards holder to the community will be terminated or transferred to the community, government or other entity; The objectives of these standards are: (i) how and when the plan will be periodically updated; (1) to enhance the sustainable social, cultural and economic well-being of (j) how the plan and amendments to the plan will be ratified by the communities impacted by mining operations; community; and (2) to define when community development agreements may be useful and (k) such other content as may be mutually agreed by the community to provide a suggested framework for such agreements; and the mining right holder; (3) to promote accountability and transparency in mining related community Pursuant of Section 140(1) (c) (iii) of the Mines and Minerals Act 2009, development. the Community Development Plan shall also serve to prepare the community for 5. Obligations of the Mining Rights Holder mine closure with the Mine Closure Plan (MCP) also containing relevant consultation and participation methodologies to meet that end. In accordance with Section 138 of the Mines and Minerals Act a mining right holder is required to assist in the development of communities affected by its 3. Form of the Community Development Agreement operations to promote sustainable development, enhance the general welfare and the quality of life of the inhabitants, and recognize and respect the rights, customs, The community development agreement shall be structured around the following traditions and religion of local communities. contents list. 6. Conduct of negotiations CONTENTS LIST 1. Objectives Where a qualified community lacks the capacity to effectively negotiate a community 2. Mining right holder’s obligation to assist in development of communities development agreement, the mining right holder is obliged to assist to build that capacity including the provision of such funds to the community for capacity- 3. Capacity to negotiate building and preparation as are reasonable in the circumstances. 4. Recommended content of community development agreement 7. Content of the Community Development Agreement 5. Community development agreements should complement other agreements and development plans A mining right holder is required to negotiate a ratified community development agreement with each host community affected by the planned mining development, 6. Recommended minimum expenditure and each such agreement shall include as a minimum the following provisions: 7. Transparency through reporting 146 147 (1) the person, persons, board, committee, foundation, trust, forum, body or (11) the means by which the community development agreement shall be other entity which shall manage the agreement; reviewed by the holder of the mining right and partner community every five (5) calendar years, and the commitment to be bound by the current (2) the person or body that represents the partner community for the agreement in the event that any modifications to the agreement sought purposes of the agreement; by one party cannot be mutually agreed with the other party; (3) the means by which a registry of persons comprising the community will (12) the consultative and monitoring frameworks between the holder of the be developed, maintained and updated; mining right and the partner community, and the means by which the (4) the means by which members of a partner community will participate in community may participate in the planning, implementation, management, the community’s agreement related decision-making processes; measurement (including indicators) and monitoring of activities carried out under the agreement; (5) the means by which the interests of women, youth and sub-communities of the partner community will be represented in the community’s (13) the language(s) to be used in the preparation of reports, plans, and other agreement related decision-making processes and implementation; written matters required under the agreement; (14) the means by which any funds made available under the agreement are to (6) the goals and objectives of the community development agreement; be disbursed, for what purposes they may be disbursed, what accounts (7) a community development programme (see Section 2v. above) must be kept and by whom, and reporting and auditing requirements; (8) the roles and obligations of the holder of the mining right to the partner (15) the mechanisms whereby the partner community, and sub-communities community, which may or may not be part of the development programme and members of the partner community may lodge a grievance with the plan, including but not necessarily limited to: mining right holder; (16) the mechanisms whereby the mining right holder may lodge a grievance (a) undertakings with respect to the social and economic with the partner community; contributions that the project will make to the sustainability of the community; (17) the process by which the agreement may be modified; (b) assistance in creating self-sustaining, income-generating (18) a statement to the effect that both the holder of the mining right and activities, such as but not limited to, production of goods and partner community agree that any dispute regarding the agreement shall services needed by the mine and the community; in the first instance be resolved by consultation between the holder and the partner community representative(s); (c) consultation with the community in the planning of mine closure and post-closure measures that seeks to prepare the community (19) the dispute resolution mechanism to be used when consultation between for the eventual closure of the mining operations; the holder and the partner community representative(s) fails; (9) the roles and obligations of the partner community to the holder of the (20) severability of articles; mining right; (21) the applicable law, which shall be the law of Sierra Leone; (10) the roles and obligations of the District Council, if it is a party to the (22) reasons and procedure for declaring force majeure; community development agreement or otherwise so chooses to be obligated; (23) duration of the agreement; 148 149 (24) suspension / termination of the agreement; (5) assistance with the creation, development and support to small-scale and micro enterprises; (25) assignment of the agreement or any right or obligation there under; (6) special programs which benefit women; (26) transfer of all community development agreement rights and obligations to any party to whom the mining right holder transfers its mining right; (7) special programs which benefit youth; (27) how notifications to respective parties shall be done; (8) special programs which benefit sub-communities within the partner community; (28) in order to prevent any overlap of resources and wastage of funds, a (9) agricultural product marketing; provision requiring the mining right holder to co-ordinate with the relevant local or central planning authorities which are responsible for (10 ) protection of natural resources; providing schools, medical centres, hospitals and other social infrastructure to local communities; (11) support for cultural heritage and sports; (12) treatment of cultural and sacred sites; (29) location where the agreement may be accessed by members of the community; and (13) treatment of ecological systems, including restoration and enhancement, for traditional activities such as hunting and gathering; (30) the agreement signatories, which may for the partner community be the representatives of the community, representatives of sub-communities (14) language training to further employment prospects; comprising the community, community members or any combination (15) how cultural values will be respected; thereof, non-governmental organizations, and others as the need requires. (16) cross-cultural training requirements; 8. Other Issues to be considered In addition to the subject matter listed in (7) above, it is recommended that a (17) malaria, AIDs and drug dependency prevention and intervention; community development agreement take into account the unique circumstances of (18) land access; the mining right holder and partner community, and the issues to be addressed in the agreement and development program plan might address all or some or none of (19) the assumption of specified obligations of the mining right holder by the the following issues:- partner community, sub-communities and/or government authorities on an evolving basis and/or upon termination of the agreement; (1) role of local and other levels of government; (20) methods and procedures of environment and socio-economic (2) educational scholarship, apprenticeship, technical training and management, and local governance enhancement; employment opportunities for the people of the community; (21) coordination with local and national government development plans (3) employment quota or percentage allocation for sub-communities; affecting the community; (4) financial or other forms of contributory support for infrastructural (22) requirements with regard to third parties such as the mining right holder’s development and maintenance such as education, health or other contractors and suppliers; community services, roads, water and power (in consultation with relevant (23) the involvement of non-governmental organizations; and government authorities); 150 151 (24) other matters as may be agreed. (1) the provision of any passenger car, small truck, or four by-four vehicle to any individual or single family unit of the partner community or to the 9. Goals and Objectives of the Community Development Plan partner community, other than a specialized purpose vehicle such as an ambulance, fire engine, water truck, or bus; or It is recommended that goals, objectives, obligations and activities specified in a (2) the provision of any monetary amount, service, good, or facility for the community development agreement aim to achieve sustained community sole benefit of an individual or single family unit. development which- 12. Other Matters (1) lasts from generation to generation; (1) It is recommended that a community development agreement be in English (2) is based on the actual needs of the community; but where a substantial proportion of the community members are not fluent in English the mining right holder party to such agreement should consider making available to representatives of the partner community (3) is maintainable within available income; translated copies in the local language or dialect. (4) is well planned, monitored and evaluated; (2) It is recommended that a mining right holder that enters into a community (5) has long term benefits; development agreement with a partner community take into (6) prepares the community for closure of the mine; consideration;- (7) compliments but does not replace government-led development and (a) any community development agreements it has with other partner services; communities so that such agreements complement one another (8) is in accord and compliments local and regional government development to achieve synergistic development across the communities. plans; and (b) any existing community development agreements entered into (9) recognizes and incorporates traditional knowledge. by that partner community with other holders of mining rights so that its community development agreement compliments such 10. The Role of the Local Authority existing agreements, and whether the mining right holder might become a party to any such existing agreements. A mineral right holder and partner community shall consider what role the District (c) any governmental community, local or regional development Council should have in regard to a community development agreement, whether plans or schemes so that the agreement is in harmony with and that role should be described in such agreement, and whether it would be compliments such plans or schemes. appropriate for the District Council to be a party to such agreement. (3) It is recommended that the holder of a mining right who has entered into one or more community development agreements expend no less than 11. Provisions to be excluded from Community Development Agreements one tenth of one percent (0.1%) of the gross revenue amount earned pursuant to that right from mineral sales in the previous calendar year to A community development agreement shall not address any of the following implement all its agreement(s) or otherwise promote community matters:- development. 152 153 (4) Where a mining right holder makes expenditures pursuant to a community (i) problem census taking (processes by which community members development agreement, it is recommended that such expenditures be articulate the problems they consider need addressing in their done in a transparent, predictable and sustained manner over the life of community); the mine. (j) implementation of District Council regional and community (5) The value of community development related work might include (whether development plans; incurred directly by the mining right holder or indirectly through payments by the mining right holder to a contractor, community trust, community (k) training programs for members of a partner community; foundation or other legal entity): (l) consultation processes between the mining right holder and a (a) work or funds irrevocably committed to fulfil any obligation of partner community or members of a partner community and or the mining right holder specified in a community development local government which are related to the creation or agreement; implementation of a community development agreement; (m) community development agreement monitoring; (b) salaries and benefits of any person responsible for managing the implementation of one or more community development (n) conflict management activities (the implementation of a grievance agreements where such responsibilities comprise over fifty process, other than Court actions, as stipulated in a community percent(50%) of that person’s time; development agreement); and (c) social baseline studies (the gathering and compilation of baseline (o) such other expenditures as may be appropriate in the data that describes the state of the ecological, social and circumstances. economic environment and characteristics of the populations living in the area); (6) It is recommended that the holder of a mining right provide annually to the Mining Cadastre Office, Minerals Advisory Board for every (d) social impact and opportunities assessment work (assessment community development agreement to which it is a party - of the potential ecological, social and economic impacts of the project upon communities and measures to offset potential (a) a Community Development Agreement Annual Report no later negative impacts and maximize positive impacts); than January 31st, describing objectives, activities, milestones and results for January through December during the prior (e) competencies assessment (measuring and recording the skills in calendar year, and a community); (b) a Community Development Annual Expenditure Report not later (f) participatory planning (the preparation of development program than February 15 th detailing its community development plans where community members participate in the planning expenditures and total expenditure for January through December effort); during the prior calendar year. (g) community and mining operation mapping (maps depicting what (7) All community development agreements, community development the community perceives as its community space, where mining agreement reports and community development annual expenditure operations will take place and when, where access is open, reports (including all required attachments) submitted by past and present restricted, or closed); holders of a mining right in furtherance of these standards shall be open (h) institutional analysis processes (processes for identifying and to free inspection by members of the public at the Mining Cadastre discussing what institutions are present in and around a Office during normal Government office hours. community); 154 155 (8) It is recommended that a community development agreement, community 3. Standard form on the status of consent for the use of land for mining development agreement reports and community development annual purposes expenditure reports (including all required attachments) submitted by the holder of a mining right in furtherance of these standards also be open to free inspection by any member of the partner community at the Registration Details office of the mining right holder located closest to that community during normal office hours. Name ofApplicant ……………………………........…………………………………… (9) It is recommended that when a mining right is transferred to another Document Identity /registration no.……………………............................…………… party, the transferee should assume all rights and obligations of the Registration with the Agency ………………………………………………………….. transferor under any community development agreement relating to the mining right. Legal representative……………………………………………………………………. (10) The holder of a mining right which came into force prior to the publication Address……………………...………………………………………………………….. date of these guidelines should strive to have community development agreements with all partner communities within two years from the Telephone number……………………………………………………………………… publication date of these Regulations. E-mail address……………………………………………………………………………..

THIRTEENTH SCHEDULE - CONSENT FOR THE USE OF LAND FOR Details of the Land owner(s) MINING PURPOSES (REGULATION 17(1)) Provide the name, address and contact details for each independent land owner 1. The nature of consent Before the initiation of any mining activity regulated under the Mines and Minerals Act 2009 and these Regulations, the applicant for a mining right must obtain consent to use the surface land on licence area for exploration or mining purposes. Consent must be obtained from the Chiefdom Mining Allocation Committee or its rightful occupiers or owners, and must be supported by documentary evidence. Details of the Chiefdom Mining Allocation Committee 2. Conditions for granting an Environmental Licence Mining District …………………………………………………..…………….…….. Before granting an environmental licence for exploration, small scale mining, large Name ofChiefdom……………………………………………………………..……… scale mining or any other mineral activities authorized under these Regulations, the Agency will require proof that a legally binding agreement is in place to cover use of land for mining purpose and that any other permits or permissions under Name of Representative other legislation have been secured by the applicant. Address ………………………………………………………………………….…….. Exceptionally, the Board of the Agency may grant an environmental licence for complex projects involving a multiplicity of surface right ownerships if evidence is Telephone number …………………………………………………………………… presented to show that negotiations are at an advanced stage and there are no substantive areas of disagreement between all the parties. The issue of a licence Email……………………………………………………………………………..…….. under conditions where agreements remain to be concluded will be entirely at the discretion of the Board of the Agency with no grounds for appeal in the event that a licence is withheld. 156 157 Details of the Land owner(s) Attempts to reach a voluntary agreement between the applicant for the environmental licence and mineral rights Provide the name, address and contact details for each independent land owner and the land owner(s) identified above, for the use of land covered by this application for mining exploration Name……………………………...…………………………………………………….. purposes have been unsuccessful and an application has been made to the Minister under the Mines and Address …………………………………………..…………………………………….. Minerals Act, 2009 Telephone number …………………………….……………………………………… Email ………………………………………………....………………………………….. Status of negotiations for consent to use land for small scale mining Answer each question by ticking the relevant box Yes No A full legal agreement has been signed between Status of negotiations for consent to use land for exploration purposes the applicant for the environmental licence and mineral rights and the land owner(s) identified above, Answer each question by ticking the relevant box Yes No for the use of land covered by this application for small A full legal agreement has been signed between the scale mining operations. applicant for the environmental licence and mineral rights and the land owner(s) identified above, for the A draft legal agreement has been exchanged between the applicant for the environmental licence and mineral use of land covered by this application for mining rights and the land owner(s) identified above, for the use exploration purposes. of land covered by this application for small scale mining operations. The draft agreement covers all heads of A draft legal agreement has been exchanged between agreement and there is no dispute between any of the the applicant for the environmental licence and mineral parties which would prevent full agreement being reached. rights and the land owner(s) identified above, for the use of land covered by this application for mining A full legal agreement has been entered into between the applicant for the environmental licence and mineral rights exploration purposes. The draft agreement covers and the land owner(s) identified above, covering the terms all heads of agreement and there is no dispute between of compensation for any disturbance to the land owners’ any of the parties which would prevent full agreement rights during the mining operations. being reached. Attempts to reach a voluntary agreement between the A full legal agreement has been entered into between applicant for the environmental licence and mineral rights the applicant for the environmental licence and mineral and the land owner(s) identified above, for the use of land covered by this application for mining exploration rights and the land owner(s) identified above, purposes have been unsuccessful and an application covering the terms of compensation for any disturbance to has been made to the Minister under the Mines and the land owners’ rights during the mining operations. Minerals Act, 2009 158 159

FOURTEENTH SCHEDULE - CONFIRMATION OF LOCAL COMMUNITY PARTICIPATION IN SUSTAINABLE DEVELOPMENT (REGULATION 18(c)) Status of negotiations for consent to use land for large scale mining 1. Basic requirements The applicant for an Environmental Licence is obliged under the principles and Answer each question by ticking the relevant box Yes No obligations set out in Regulation 3 to;- A full legal agreement has been signed between the applicant for the environmental licence and (1) engage the local community at the earliest opportunity; mineral rights and the land owner(s) identified above, for the use of land covered by this application (2) ensure that the programme of participation: for large scale mining operations. (i) identifies all relevant issues that could have harmful effects on the local community; and A draft legal agreement has been exchanged between the applicant for the environmental licence and mineral (ii) guides the identification of development priorities, joint planning, rights and the land owner(s) identified above, for the use implementation, management and monitoring of sustainable of land covered by this application for large scale mining development projects. operations. The draft agreement covers all heads of agreement and there is no dispute between any of the 2. Form confirming participation of the local community parties which would prevent full agreement being reached. A full legal agreement has been entered into between the Applicants’ Details applicant for the environmental licence and mineral rights and the land owner(s) identified above, covering the terms Name ofApplicant ………………………………………………………...........……… of compensation for any disturbance to the land owners’ rights during the mining operations. Identity document/registration…………………………………………………...…… Attempts to reach a voluntary agreement between the Registration with the Agency ……………………………………………………….. applicant for the environmental licence and mineral rights and the land owner(s) identified above, for the use of Legal representative……………………………………………………………........…. land covered by this application for large scale mining have been unsuccessful and an application has been made to the Address…………………………………………………………………………………….. Minister under the Mines and Minerals Act, 2009 for the land covered by this application to be compulsorily Telephone number…………………………………………………………........……… purchased, subject to the provisions for compensation contained in the above act. E-mail address……………………………………………………………..........……….. 160 161 Local Community Details (A separate entry should be made for each local Record of Publications, Advertisements and Media Events (Video, Film, TV and community involved) Radio Broadcasts) Name ofCommunity: …………………………………………………………………… 1. Location (Name of District): ………………………………………......……………… 2. Official representative of the Community: …………………………...........………… 3. Chiefdom(s) within the local community area: ……………………………………….. Note: Add rows as necessary

FIFTEENTH SCHEDULE -APPLICATION FORM FOR ENVIRONMENTAL Details of any Community Liaison Committee(s) (CLC) Established LICENCE (REGULATIONS 17 (3), 18 (3) and 19) Name of CLC: …………………………………….................................................…….. This application dated ………....………..has been: Name of CLC Representative: ………………….....................……………………….. (1) Hand-delivered to the Registration Office of the Environment Protection Contact Details for CLC Representative: ……………………………………...…….. Agency at 3rd Floor West Wing Youyi Building, Freetown. Date of formation and incorporation of the CLC: …………………………………….. (2) Submitted to the Registration Office of the Environment Protection Agency at 3rd Floor West Wing Youyi Building, Freetown by Courier Number of meetings of the CLC: ……………………………………………………….. service. Dates when meetings of the CLC were held ………………………………….....…… (3) Hand-delivered to a regional office of the Environment Protection Agency. (strike out whichever of the above categories do not apply). Record of Public Consultation Signed and dated by individual authorised to submit the application …………………………………………… (Provide a list of all public consultation meetings and describe the location, venue, purpose, type of meeting, number of participants, outcomes and Counter signature and date by receiving officer………………………………. recommendations with copies of minutes) Official Date Stamp of the Environment Protection Agency: 1. The period specified for determination of the environmental licence by the 2. Environment Protection Agency will run from the day following receipt of the 3. completed application if delivered at the headquarters in Freetown, or 5 working days after registration at a regional office to allow for the transfer of relevant Note: Add rows as necessary documents. 162 163 An application shall not be complete until it comprises the requisite number of all Application documents submitted To be EPA of the documents specified in Regulation 20. with this form completed confirmation Confirmation by the Environment Protection Agency’s reception staff of the type by applicant and number of documents handed over does not in itself constitute a formal acceptance of a completed application. This will be provided by letter signed by a No. of No. of duly authorised officer once the applications details have been checked and verified. Copies Copies Registration Details CATEGORY D PROJECT Name ofApplicant ………...........................…………………………………………… Environmental Code of Practice Identity document/registration……………...............………………………………… CATEGORY C PROJECT Registration with the Agency………………..........…………………………………….. Environmental and Social Impact Assessment Legal representative ……………………………………………………………………. Mine Closure Plan Address……………………………………………………………………………………….. CATEGORY B PROJECT Mine Closure Plan Telephone number……………………………………………………………………… E-mail address………............................................................................………………… Environmental Management Plan Social Management Plan I confirm, as the authorised officer or agent for the applicant, that the following details are correct and that the requisite number of documents (identified by a tick Draft Community Development Agreement in the appropriate boxes) has been submitted with this application form: (where required) Signature of applicant’s agent or Authorised Officer:…………………..…………… CATEGORYA PROJECT Date:………………………. Mine Closure Plan Environmental Management Plan History of Application Project Screening Application submitted: Date : Social Management Plan Environment Protection Agency Decision on Project Category issued: Date Draft Community Development Agreement (supported by a community development plan) Environment Protection Agency Application Reference Number: Resettlement Management Plan Project Category: 164 165 SIXTEENTH SCHEDULE - FINANCIAL ASSURANCE MECHANISM In most cases, the amount that is required for the financial surety is based on the STANDARDS (REGULATIONS 28 (1) AND 29 (1) AND (2)) specific itemized costs of all components included in the closure or rehabilitation plan. The amount of financial surety shall be established by the applicant and reviewed by the Agency. The financial assurance mechanism utilised for a specific project shall be comply with the standards defined in this Schedule. 3. Timing The financial surety must be in place before work is allowed to start on site. It does 1. Early scoping of financial feasibility not have to be lodged until after the mining title is granted. The mining right holder must ensure that the costs associated with mine closure 4. Types of funding and post closure activities, including post closure care, are included in business feasibility analyses during the planning and design stages. Minimum considerations Acceptable funding instruments include a cash accrual system, bank guarantee or should include the availability of all necessary funds by appropriate financial letter of credit, offshore trust fund, insurance policy or surety bond.The two instruments to cover the cost of closure at any stage in the mine life, including acceptable cash accrual systems are fully funded escrow accounts (including provision for early or temporary closure. Funds must be set aside early on in the government managed arrangements) or sinking funds. project development to finance the social and economic aspects of mine closure. 5. Accessibility of financial assurance 2. Level of financial assurance Financial assurances should be readily accessible, dedicated, and only released with the specific consent of the Agency. Forms of financial assurance should be The required level of financial surety will be established by the Agency taking due payable to the Agency under its control or in a trust for their benefit and earmarked regard of the following end goals and rehabilitation standards and in all cases, to for reclamation and closure. enable full reclamation and cover all costs relating to the physical closure of the site. Reclamation shall comprise but is not limited to (i) removal of all plant, 6. Funding provider equipment, and, where it is no longer needed, infrastructure; (ii) removal of all hazardous materials; (iii) sealing of adits; (iv) stabilization of all surfaces; (v) re- An acceptable form of financial guarantee must be provided by a reputable financial vegetation of all surfaces; (vi) restoration of surface and groundwater flows; (vii) institution. prevention of long-term pollution and (viii) the adverse effects of closure of social assets in the local community, the closure of which can have severe economic Where a guarantee is provided, in order to assure that guarantors have the financial consequences. capacity to assume an operator’s risk of not performing its reclamation obligations, the Agency must carefully screen a guarantors’ financial health before accepting In addition, reclamation includes amounts to cover activities provided for in future any form of assurance. Any risk-sharing pools should also be operated on an care, maintenance, reconstruction and emergency response action plans. actuarially sound basis. The Agency should require periodic certification of these criteria by independent third parties. The social elements that should be taken in to consideration include redundancy payments, retraining schemes, support for dependent (spin-off) businesses, utilities 7. Review of financial assurance (electricity, water, communications etc.), social facilities (health, education, justice etc.), infrastructure (roads, airstrips, ports, wharves etc.), food security and the The level of financial surety may be reviewed and revised at any time by the financial system. Environment Protection Agency. 166 167 8. Release of financial assurance 11. Primary Agency Following the successful total rehabilitation of the site and consultation with the The Agency shall act as primary government agency in all mine closure matters. relevant local community, all of the financial surety is returned to the proponent. This assures the business community that one agency will take the lead on its The financial surety funds are not available to the mining permit holder for ongoing problems and that it will not have to answer to many differing opinions on how the rehabilitation. success of operation, reclamation, and closure will be measured. The funds may be partially released where progressive rehabilitation has been successful and at the time of periodic review. Staged reductions in the level of SEVENTEENTH SCHEDULE - CARE AND MAINTENANCE PROGRAMME financial surety can help to promote progressive rehabilitation and good practices. STANDARDS (REGULATION 31 (2)) Before any money is returned to the mining permit holder, the Agency should establish that the program has been successful and no further work is required on 1. Context the site. A commonly used method of evaluating the release of the financial surety is the success of the re-vegetation program. It is also possible to use other testing A mine may need to be closed either permanently due to unexpected circumstances, criteria, such as the surface stability, water quality, or a combination of all three. including but not limited to, a marked change in the geological conditions, or Depending on the post closure monitoring requirements, as specified in the mine temporarily due to changes in mineral demand and/or market prices which make it closure plan, the mining title may not be relinquished for a significant period of uneconomic to continue production in the prevailing economic climate. time during which period, the proponent is responsible for any additional rehabilitation work for residual environmental impacts and social impacts and long Whenever a mine needs to be closed it is a fundamental requirement of the term care and maintenance issues. Financial surety is required to support these Regulations that one of the following two actions is taken: obligations, either through the original security or by provision of a specific fund. It is released when the Agency has issued a closure certificate, but a portion may (1) the mining operations are brought to an end in accordance with the be retained to cover latent or residual environmental impacts and social impacts. Mine Closure Plan; or 9. Public Involvement (2) the mining operations are put into temporary suspension and a care Since the public runs the risk of bearing the environmental and social costs not and maintenance plan is enacted to ensure that there are no adverse covered by an inadequate or prematurely released security, they must be accorded environmental or social impacts arising during the period in which an essential role in advising authorities on the setting and releasing of such security. the mine is dormant. Therefore, the Environment Protection Agency must give the public notice and an opportunity to comment both before the setting of the financial level of the security 2. Preparation of the care and maintenance plan and before any decision on whether to release the same. A care and maintenance plan must be prepared as part of the environmental 10. No Substitute management plan and social management plan so that the necessary actions can Any type of financial assurance should not be regarded as a surrogate for a mining be taken as soon as the need for temporary closure arises. It is acknowledged that permit holder’s legal liability for cleanup or for the Agency applying the strictest some elements of the care and maintenance plan will cover protection of plant and scrutiny and standards to proposed mining plans and operations. Rather, a financial equipment and that these elements are covered in the Operational Regulations for assurance is only intended to provide the public with a buffer against having to the Minerals Sector, 2011. This guidance relates only to environmental and social shoulder costs for which the mining permit holder is liable. aspects of the care and maintenance plan. 168 169 3. Activating a care and maintenance plan SCHEDULE EIGHTEENTH - ROSTER OF INDEPENDENT AUDITORS (REGULATION 59 (3) ) Any decision taken by the environmental licence holder to place a mine under care and maintenance must be immediately notified to the Agency. Concurrently with 1. Creation of a roster of independent environmental auditors this notification the environmental licence holder must undertake an environmental and social audit of the site and its surrounding area. The Agency will establish and maintain a roster of environmental and social 4. Audit requirements consultants with the necessary credentials, skills and experience to undertake the full range of environmental and social audits in the mining and minerals sector. The environmental audit will establish the precise condition of all open excavations, The roster will comprise between four and six international consultancy companies waste tips, minerals dumps, watercourses, chemical storage tanks, treatment plants, tailings dams and lagoons and assess their vulnerability to erosion, subsidence, that can be called upon to provide the full range of auditing services over a three corrosion, rupture or any other form of failure in the absence of on-going mining year period of service on the roster. activities. Competitive tendering for the auditor positions will be undertaken at three yearly The social audit will establish the likely impact of closure for employees and their intervals. dependents and for the local and host community as well as the consequences this will have for obligations and commitments entered into by the environmental licence holder in relation to any Community Development Agreement. 2. Selection of auditors for the roster 5. Care and maintenance inspections Advertisements will be placed in international mining journals, the newsletter for the International Association of Impact Assessors (IAIA) and other international Under the terms of the care and maintenance plan the environmental licence holder press outlets inviting environmental and social consultants with capabilities in will be obliged to continue carrying out inspection and monitoring activities in accordance with a schedule agreed with the Agency. Where the Agency concludes impact assessment, management, and auditing in the field of mining and mineral that additional surveys and inspections or remote monitoring is required this shall development to apply for a three year post on the auditing roster. be provided by the environmental licence holder at its own expense. Terms of Reference will be provided which set out the requirements for the 6. Emergency response action plan submission of parallel technical and financial bids. All proposals will be evaluated It shall be a condition of acceptance of the care and maintenance plan by the in terms of the technical competence of the auditing consultancies and their staff. Agency that the environmental licence holder formulates an emergency response Applications from those consultancy companies scoring a minimum of 70 points action plan along with all relevant implementation tools. under the technical assessment will go forward to a second stage review based on its financial proposal. 7. Financial assurance and compensation The costs of the care and maintenance plan and the emergency response action plan shall be covered by the financial assurance scheme. The selection of environmental auditors for the roster will be based on an evaluation of the best performing applicants on technical merit combined with lowest financial Under the terms of the care and maintenance plan, the environmental licence holder cost using the following ratio: shall make compensatory payments to the local community and host community to cover the loss of any payments over the period of temporary closure which would fall due in accordance with any Community Development Agreement. 170 171 Technical assessment score x 70% + financial assessment score x 30% Financial Proposals will provide the following information: Technical assessment will be based on submissions outlining: Information Required Score 1. Scale of charges in bands relating to skills and experience 60 Organisation, skills and capacity Score Project Director 1. Company structure and organisation 10 Principal Auditors 2. Number and specialisms of senior managers and project managers 10 Senior Auditors 3. A list of in-house staff (names, disciplines, Middle Rank Auditors qualifications, seniority, years of work experience), 10 Support Staff 4. A list of recruited external consultants (names, 2. Fully costed financial proposals for undertaking 3 levels disciplines, qualifications, seniority, years of work of audit according to the detailed brief provided in the experience). 10 Terms of Reference for appointment. 40 5. Access to laboratories and description of in-house Total Score 100 monitoring and auditing equipment 10 6. A method statement for handling different types of audit with examples of related work 20 MADE this 15th day of May, 2013. 7. A detailed description of similar auditing work and experience in the mining and related development HADDIJATOU JALLOW (MRS.), sectors, including client references, timescale and costs. 30 EXECUTIVE CHAIRPERSON Environment Protection Agency Total Score 100 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 31 OF 4TH JULY, 2013.