The Mining (Environmental Protection for Small Scale Mining) Regulations, 2010

1. Citation and

2. Interpretation. a . -PART II ENVIRONMENTAL PROTECTION PLAN 3

3. Baseline environmental investigation and social study. *. Environmental audit of existing workings.

5. Review of EPP. 4 PART II] ENVIRONMENTAL STANDARDS

6. Limitation of discharge of pollution. ~. Action on the unauthorized. 4

3. No cyanide reacting. ?. Breach of regulations and penalties. | al | Seen Aa  <!-- page 2 --> an Sea eter emcee test i Tee ae wA am ‘bai i et ' CN. Na. AOS feontts ———— ang Fy | Hr mt PART IN e ) . i RECLAMATION AND OFHER REGUIREMENTS i

10. Settling ponds ee | ? : ane. li. No vegetation clearing ——

17. Use of a retort Bae ee

13. Abandoned working to be backfilled or fenced. e

14. Tailings disposal. SB

18. Children not to be employed. za ¥ au

16. Pit latrine to be constructed. Br,

17. Protective gears to be used. ee me , Be), PART \ me MVIONHORINA a

18. Monitoring compliance with eny ronmental requirements, wA

19. Remedies. |

20. Revocation ee | Re } Bi: | SCHEDULES Aes eS es 3 th aa ee | ' 7 ki Pe ese | (ie a 7 WA Ba | Aa uu 2 ka oe ea te a Ls : 5 = aaa — tag eS  <!-- page 3 --> PES TAT beac ee Aa es ata ates: i , , Wining (Environmental Protection for Small Scale Mining. Sa | LHI MINING (ENVIRONMENTAL PROTECTION FOR : SMALI. SCALE MINING) REGULATIONS. 2010 7 (No: Mbo 2010) | ; ; REGULATIONS ; ; f (Made under section 112) | ; Ni : . . ‘ fi MINING (ENVIRONMENTAL PROTECTION FOR SMALL SCALE MINING 4 REGULATIONS 20 3 ; PART | a PRELIMINARY PROVISIONS . 1. [hese Regulations may be cited as the the Mining (Environmental — Citation Protection tor Small Scale Mining) Regulations, 2010 j ; >. Im these Regulations unless the context otherwise requires Interpre 3 E . lation 1 ; del means the Mining Act: ‘y F ’ 4 , “ens ronmental Protection plan” means a plan to mitigate the environmental YI Loi 4 ; za aa ji , i : 10 effects to be caused by mining operations under primary mining licence: “EPP™ means Environmental Protection Plan : wa ! 1 q i land” means the area on which the proposed small scale mining would i be carried out: : small scale mining” means mining operations conducted under primary ; mining leence 4 a 7 ee 3 | ji Ka UA aa ma AA WA AA IA . reset ee ae Sete eines AA IA UA ai abe: AA Ua wa Ni  <!-- page 4 --> LTE TT TAT EL a I AAA AAA AAA AAA AAA Aaaa aa este Mining (Environmental Protection for Small Scale Mining) G\.No dstceonil) OOS AAAAAAAAAA—A a PART Il ENVERONMENTAL PROTECTION PLAN EU regula Baseline 3. (1) Aholder of primary mining licence shall, before commencing environ mining operations, conduct baseline environmental investigation and social ep . study with regard to human settlement, burial sites. cultural heritage sites. ai water, Vegetation, animals and soil, and submit a report regarding the social outcome of the investigation and Environmental Protection Plan to mitigate WA study the environmental effects to be caused by mining operations in the licenced Balsa area, as outlined in the Schedule to these Regulations. or parl Voli (2) The baseline environmental investigation and social study report and EPP shall be submitted to the respective Zonal Mines Officer within (st) four months from the date of the grant of the Primary Mining Licence. (3) The Zonal Mines Officer shall, within a period of two months. of (bh receipt of application approve the EPP and authorise in writing the holder . of primary mining licence to commence mining operations within the mining area. the dice (4) Where the Zonal Mines Officer is not satisfied with the submitted “ an baseline environmental investigation and social study report or EPP shall Ne i issue a notification directing the holder of a primary mining licence to hae improve the report or EPP within a period specified in the notice, 4 . oo. a leach (5) Failure to submit baseline environmental investigation and social study report or EPP as required under sub-regulation (1) or (4) shall OA render a holder of licence in default under these Regulations. a = and sha orto i Environ 4.41) Every holder of a primary mining licence whose licence was i a issued prior to the commencement of these regulation shall be required isis 10 conduct an environmental audit and prepare EPP and submit to the working, ZOnal Mines Officer for approval. (2) The procedure described in sub-regulations (3).°(4) and (5) of ¥ . . | regulations 3 shall apply for approval made under sub-regulation (1). shuich, othe: Review 5{1) Where it appears that the scale of mining operations has changed es) of EPP significantly. the licensing authority shall require the holder ofa licence to alichan ee iew the EPP and submit an updated EPP for approval. the slop. 4 Ree eg KAAT ie KAA Er i eee yai; es a mt UU ce eee, ay ee ae are ange va pa | ed Rese tam a |  <!-- page 5 --> ee mean coe ee oe bee | Maret Vining (Environmental Protection for Small Scale Mining) 4 GON Na. 1023¢econtd 7 ; (2) The procedure described in sub-regulations (3). (4) and (5) of | regulations 3 shall apply for approval made under sub-regulation (1). ; 12 i ai PART HI mi ENVIRONMENTAL STANDARDS Ww p te 6,-(1) A Licensee, or manager or agent of the licensee, shall not knowingly — Limita- q ; ad cause or permit any discharge. deposit or emission of liquid, solid, gaseous — ven of d or particulate material, or noise or vibration, from amine, as defined in the i 4 ; A ; ; ‘ ol poliu- q Act. into the environment which will cause pollution, except:— soni rt | gx yoy aca aa TENA = in (a) inthe case ofa liquid effluent, in accordance with an authorization CL NG 7 issued by the Water Officer under the Water Resources : a ; ; - UUME ‘ ; ; Management Act: and Cap. 130 | ? ) yi i (b) in accordance with standards published under the Standards Act. : a ‘ ‘ . . | :

7. Inthe event of any unauthorised discharge. deposit. or emission, — Action on ' : the licensing authority may direct the holder of mining licence to implement — Ue ‘ anti me " a ; nautho- | | a programme of action within a specified period, and to observe certain “ . 4 . ae . . Ai risce 7 | conditions during such period, in order to prevent any further occurrence : of unauthorised pollution. ; F

8. A holder of a primary mining licence shall not use cyanide for No J : licaching process without the written approval of the Chief Inspector. Cyanide ; leaching ;

9. Any person who contravenes Regulations 7 or 8 commits an offence — Breachot and shall be liable on conviction to a fine not exceeding one million shillings Te! q i ; ; fae Aa > zi . tions and a - or to imprisonment for a term not exceeding six months or to both, ait £ penalties 3 ; ; | PART JV 1 ; | RECLAMATION AND OTHER REQUIREMENTS | Wo 10.41) The holder ofa primary mining licence shall ensure washi a primary mining licence shall ensure washing _— Settling 4 or settling ponds are constructed mining area to provide for washing and — pends ; sluicing, at a distance of fifty metres (50m) from rivers, streams or any ; other water sources. (2) Where a settling pond is used as part of the mine drainage system, 4 all channels discharging into the river system must be through a culvert ‘a the slopes of which are protected from erosion. ee ee cin Wa Mee ete YA ua oe Per ey ear RNR Sey AUA EA aa AA AA AE : ener sue et RTS UN TS: eas waa ane TA Citar ots rl  <!-- page 6 --> Mining (Environmental Protection for Small Scale Mining) ee Osh EEE Ne A CiN New #08 farted s No 11. Clearance of vegetation shall not be undertaken within twenty Vepehi metres (20m) from any stream or river bank, Lon clearing: tseora YW 12. The holder of a primary mining licence shall not heat a mixture of retort gold and mercury (amalgam) to recover the gold without using a retort, Nhani 13. A holder of a primary mining licence shall not commence doned development of new workings in a mining area without backfilling and workings . ovat Bais se bes 3 Kua det a “dt Ba re-vegetating or fencing the abandoned previous workings developed by ane . . oe $ 5 ; backfilled himselfor his agent to the satisfaction of the inspector. or fenced lailings 14. The holder of a primary mining licence shall ensure that tailings disposal are disposed of at a proper place in a manner approved by the inspector Children 15. A holder of a primary mining licence shall not cause children nolo be under the age of eighteen (18) to be employed or be engaged in any smploved we - : wa j : ey mining OF processing Operations mining area. Pit 16. A holder of primary mining licence shall ensure that pil latrines are latrmes le constructed and maintained at a distance of not less than one hundred ~ von metres inland from any water source other than washing or settling ponds. structed Y £ € Protes 17, A holder of primary, mining licence shall ensure that cach employee tive sears is provided with protective gears and no person shall handle any toxic to he . . : 3 ' substance without using appropriate protective vears. Used - | PART V MONITORING Monitor 18. An authorised officer may, at ally time, enter upon any area ovel me which a primary mining licence has been granted for the purpose of compte ; ‘ ya A : teas . nona ONItoring the effects upon the environment of any activittes carried out Environ. ON that area. Mental Requure Ments 6  <!-- page 7 --> ai eres) ; aes Mining (Environmental Protection for Small Scale Mining) se eee ee eee ee WAA ee tees pet Go aso GN No did teonte ) E vent yi : Fa : ss : p i 19.41) Where. the results of monitoring indicate non-compliance — Remedies with the EPP or any condition of these regulations, the holder ofa primary a minis licence may be required:— ’ ure of (a) to take all reasonable measures to mitigate the impact of such ‘ctor non compliance and report such measures to the Zonal Mines ; Officer: or nenee - ; gus : a (b) to pay a fine not exceeding one hundred thousand shillings for ie AN ; . F = every breach imposed by way of administrative measure by the yed by 3 Sissel cna 3 Sa - authorised officer for such non compliance.

20. The Mining (Environmental Management and Protection) — Revoca- ulings Regulations. 1999 are hereby revorked. tien of ywelor GN. No si | , 218 of - E 1999 a ildren Hi any SCHEDULES i - Made wider regulation 3 ; . nes are 3 ; : indred ; ponds CONTENT OF ENVIRONMENTAL PROTECTION PLAN li. The tallowinp deseribes the information that is required to be included in an ens ironmental q ; ployee proietion plan for small scale mining operations under these Regulations-- ; P V TONIC 4 i 1-40) A description of — A | (ap mineral deposit - “ (b) mining and processing methods. (ve) intrastructure: 1 (d) emissions and discharges to air. land and water: j 24 OVE! | ose of (¢) management of wastes and spoils produced and disposal methods: and 4 E- red out (Wy uscand storage of chemicals . ; (2) Information given pursuant to sub-paragraph (1) shall cover all stages of the 3 3 development of the mine. including construction and operation - | yi | : WAA pecs ep urna ee Mera tert eewee pee eee eta et A eee tee ery sts pe ee te  <!-- page 8 --> . aaa ia Mining (Environmental Protection for Small Scale Afining) ere aa WA aang EERE ————————. “apana GaN Nw AI fcaitct } 2 The dita or information Necessiry ( evaluate the existing environment and urrounding the land on:— fi) fund use. tenure and ow nership: (b) settlements and local communities (C} infrastructure and industry: (d) soils, Nora and fauna: = (©) surface water and groundwater: (1) culture heritage: and (8) landscape and visual character, - 3, Ad assessment of the likely significant effects of the Mine on the environment. by - reterenice to the data or information referred to in paragraph 2

1. Where Significant ady erse effects are identified \ ith regard to any of the Cilegories reterred to in parasraph 2 and 3. a deser pion of the measures meorporated into the desizn of the proposed mine to avoid. minimize or Mitigate those effects Dar es Salaam. Hon. Witiiam M. Norte (MP.). = 13" October, 2010 Minister for Energy and Minerals KIE SUS