Abstract
Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining activities. In addition to its environmental impacts, AMD will also impact on all the parameters of sustainability, including ecological, social and economic concerns. In particular, AMD is set to affect infrastructure, displace people and affect their livelihoods, influence economic activity, impact on the resource extraction industry, and affect South Africa's policies and actions in relation to climate change and its efforts to move towards a low carbon economy; and it will test the efficiency of regulatory interventions emanating from both the private and the public sector to the extreme. Given these pervasive challenges, in this article we provide a survey of the AMD problem in South Africa through the law and governance lens. We commence by highlighting the various issues and challenges that result from AMD in the environmental context on the one hand, and the law and governance context on the other hand. We then describe the many provisions of the regulatory framework that we believe would be instrumental in responding to the threat. We conclude the article with brief remarks on what we believe are important considerations in the future regulation of AMD.
Highlights
Acid mine drainage (AMD) has recently received wide coverage in the media, and as its potential impact on natural resources and human health and well-being become increasingly evident it is becoming a political issue.2 The South African environment, including its water resources, soil and people, are threatened by pollution stemming from AMD, which is a legacy left behind by abandoned, derelict and defunct mines, and a continuing by-product of existing mining activities
Mining has been central to economic development in South Africa, and whilst no longer the backbone of the economy it continues to contribute to the country's gross domestic product
AMD has been noted for its serious ecological impacts and it is a particular threat for water resources
Summary
Acid mine drainage (AMD) has recently received wide coverage in the media, and as its potential impact on natural resources and human health and well-being become increasingly evident it is becoming a political issue. The South African environment, including its water resources, soil and people, are threatened by pollution stemming from AMD, which is a legacy left behind by abandoned, derelict and defunct mines, and a continuing by-product of existing mining activities. Mining has been central to economic development in South Africa, and whilst no longer the backbone of the economy it continues to contribute to the country's gross domestic product.. Mining has been central to economic development in South Africa, and whilst no longer the backbone of the economy it continues to contribute to the country's gross domestic product.3 These economic benefits come at a high price, since mining, by its nature, adversely impacts on the environment. Whilst AMD carries a potential threat to the environment as a whole, it poses a particular threat to the country's water resources which will have severe consequences for the health and well-being of people. AMD is set to affect infrastructure, displace people and affect their livelihoods, influence economic activity, impact on the resource extraction industry, and affect South Africa's policies and actions in relation to climate change and its
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