Abstract
It is well recognized that the mining industry in South Africa is highly rated for its substantial contribution to the country’s economic growth, including employment and infrastructural development. It is also known that mining and ore processing activities potentially pose a severe threat to public health and environmental well-being, in the way operations are carried out, mine wastes are disposed of (in dumps), local communities are relocated, mine management and the mining community, in general, perceive established environmental standards and etiquette. This paper examines ethical practices and norms in the South African mining industry, with particular reference to the management of tailings dams. We analyse the modes of articulation of the country’s regulatory instruments for tailings management, and review the corporate social responsibility (CSR) approach of leading mining companies. Despite decades of research and resulting recommendations on tailings management, it is concluded that the current legislations are largely ineffective, that the level of adherence by mine management and the mining community is low, and that the mechanisms for compliance monitoring is weak. New perspectives on legislative issues for unsolved problems in tailings handling are put forward, and directions for future research, indicated.
Highlights
Some authors (e.g., [8,9,10,11]) consider the most worrying aspect of present day mining in South Africa to be the ethics of tailings handling and other mine waste disposal practices; and the impact these have on the health of surrounding communities and the environment as a whole, by way of pollution incidents, safety failings and reduction in the amount of space available for low-cost housing projects
Later reviews of regulations regarding the planning and management of residue stockpiles and residue deposits (e.g., [38]) have advocated amendment legislations that would, inter alia, “allow for the pollution control barrier system required for residue stockpiles and residue deposits to be determined on a case by case basis, based on a risk analysis conducted by a competent person”; and the use of a “pollution control barrier system compliant with the commensurate norms and standards for disposal of waste to landfill determined as a result of the risk analysis.”
Monitoring could be strengthened by having a mechanism in place that would ensure that different government departments collaborate in dealing with mine tailings management complaints
Summary
The Republic of South Africa remains one of the top 5 mining countries of the world [1,2]. Legislative frameworks should be designed to help companies manage their tailings responsibly and safely and to be able to demonstrate this practice to regulators and the public, as well as to help companies implement due diligence These frameworks should provide a basis for developing customized management systems, exposing gaps within existing procedures, communicating with “communities of interest”, obtaining permits, conducting internal audits, and aiding compliance and due diligence, at all stages of the life cycle. We closely examine the nature of existing legislation and provide a critical review of the codes of corporate practice in tailings management in South Africa, as well as their mode of articulation. Areas of cumulative tailings management legislation that need clarification or further development are identified, and credible strategies proffered for re-visitation and revision of the new complementary regulations, so that they meet constitutional requirements, and better align with sound environmental principles. Possible impediments to mar the translation of new research findings and policy initiatives into effective interventions are identified, and ways of obviating them are recommended
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