The volatility in the global price of crude oil is hurting the Nigeria economy in many ways. And with the re-entry of Iran into the market, the glut is almost certain to persist which means more misery for Nigeria and the managers of the economy. Hence, the call for the diversification of the Nigerian economy away from oil has acquired a new level of urgency. The mining sector is one of the options available in aid of the ailing economy.
Nigeria is endowed with vast reserves of solid minerals the class of which include precious metals, stones, and industrial minerals. The Federal Government Nigeria recognises the untapped potentials of the mining sector indicating that the sector will feature prominently in the emerging economic framework designed to get Nigeria out of the woods. Thus, it is necessary to examine the legal framework governing an important aspect of mining sector-i.e. the legal framework for mining waste management.
The Nigeria’s minerals and mining sector is principally regulated by two legal instruments to wit: the 2007 Minerals and Mining Act and the 2011 Nigeria Minerals and Mining Regulations. This article reviews the relevant provisions of these two legislative instruments on the management of mining waste in the context of prevailing approaches in other jurisdictions.
Paragraph 2 of the Nigerian Minerals and Mining Regulations (NMMR) defines “Waste” generally as “garbage, refuse, sludges and other discarded substances resulting from industrial and commercial operations and from domestic and community activities” intended or required to be discarded.
In relation to mining, the term “waste” refers to a material which has little or no economic value or the constituting components of unwanted or worthless materials arising from mining activities.
Mining activities are known to attract different categories of waste which include the following. The aim of this article is to review Nigeria’s legal provisions vis-à-vis the provisions in other jurisdictions:
Overburden: Overburden is the uneconomic materials removed or excavated to gain access to the ore. They are usually made up of the soil and rocks. Overburden generally has a low potential for environmental contamination.
Waste Rock: This refers to material that contains minerals in concentrations considered too low to be mined at a profit. As a result, they are usually dumped on the mine site or stored underwater if they contain a significant amount of sulphide minerals.
Gaseous Wastes: These include particulate matter such as dust and sulphur oxides. Gaseous wastes are usually generated during high- temperature chemical processing known as smelting.
Tailing: Tailings are the waste rock and effluents (usually made up of chemical such as cyanide) which are generated during the process of mining. Tailings are usually stored in enclosed or semi-enclosed places like ponds or underground holding facilities.
Mining wastes such as tailings usually contain some hazardous chemical or substances that are harmful to human lives if released directly to the environment. As a result, the best practice is often to have a more stringent regulatory framework which will, inter alia, require mining operators to furnish regulators (at the project planning stage) with the waste storage facility (i.e. dams or underground storage facility) designs that are appropriate for the kind of waste to be generated. The release of tailing with harmful chemical compositions into streams and watercourses is usually discouraged in developed countries. By this review of the Nigeria legal framework for the mining sector waste management, prospective investors in the sector are able to understand the basic components of their environmental obligation in comparison to the legal frameworks in comparable jurisdictions.
The Nigerian mining legal framework specifically regulates tailings, dumping of various types of waste arising from mining and storage of hazardous liquid. The management of tailings is regulated by section 126 of the Minerals and Mining Act 2007 which provides for controlled disposal of tailings into natural water courses. However, the NMMR makes additional provisions for the management of mining waste generally. Thus, Paragraph 10 of the NMMR provides that the Minister Solid Minerals Development shall from time to time in writing and by notice published in any national newspaper prescribe the manner in which tailings shall be managed by the holder of a mining lease. The publication of such a notice will have to be preceded by a submission by the operator of a waste management plan pursuant to the relevant provisions of the NMMR and the subsequent approval by the Minister.
Furthermore, Regulation 125 of NMMR imposes on mine operators the duty to provide effective mine-life-cycle management system for tailings. When approved, the tailings management plan submitted by a mine operator must make adequate arrangements for the protection of the public, particularly the host community from the risks associated with tailings storage.
Also, Regulations 126, 195, 199, 200, 201, 202, 203 and 204 of the NMMR regulates the dumping of waste from mining operations. A holder of mineral title or a mining leaseholder is required to apply to the Mines Environmental Compliance Department (MECD) 30 days before commencing any dumping operation. The application must specify the design of the dumps, a description of the dump site, whether the dump which has been proposed shall be a classified or un-classified dump. Such an application must be accompanied by a report which describes the safety precautions and such other measures proposed for the protection of the public particularly areas around the proposed dump site. Moreso, the NMMR prohibits the dumping of any material which is wholly or partly in solution or suspension over an area that is vertically above any mine workings.
From the foregoing provisions of the NMMR, an operator must design and submit for approval to the MECD, a waste management plan which is appropriate for the nature of the project.
Obinna Dike
