PROPOSED RISK BASED APPROACH: LINING REQUIREMENTS FOR RESIDUE STOCKPILES AND RESIDUE DEPOSITS
Title: Proposed amendments to the regulations regarding the planning and management of residue stockpiles and residue deposits, 2015
Government Gazette number: GN 1440 in GG 40447 of 25 November 2016
Commencing date: Not yet specified
Substantial changes were made to legislation governing the management of Residue Stockpiles and Residue Deposits (“MRDRS”) supporting the “One Environmental System” approach. For a discussion on this, including the challenges experienced in industry pertaining to the implementation of liner requirements of MRDRS, refer to one of our previous newsflashes by clicking here.
The existing regulations regarding the planning and management of residue stockpiles and residue deposits, 2015 (GN R632 in GG 39020 of 24 July 2015) are proposed to be amended. The main aim of the amendments is to allow for the pollution control barrier system, required for MRDRS, to be determined on a case by case basis, based on a risk analysis conducted by a competent person.
“Competent person” is defined as a person who is qualified by virtue of his or her knowledge, expertise, qualifications, skills and experience; and is knowledgeable with the provisions of the National Environmental Management Act 107 of 1998, National Environmental Management: Waste Act 59 of 2008, Mineral and Petroleum Resources Development Act 28 of 2002 and other related legislation, has been trained to recognise any potential or actual problem in the performance of the work, and is registered with the legislated regulatory body for the natural scientific profession or an appropriate legislated professional body.
Instead of requiring that the pollution control barrier system must always be defined by the National norms and standards for the disposal of waste to landfill, 2013, and the National norms and standards for the assessment of waste for landfill disposal, 2013, it is proposed that a competent person must recommend the pollution control barrier system suitable for specific MRDRS based on a risk analysis.
Members of the public are invited to submit written representations on or objections to the Minister, within 30 days of publication of this notice in the Gazette, to the addresses specified in the notice.
For assistance with the management of the MRDRS on your site in line with current legal requirements, contact Wilda Meyer, a senior consultant in our mining department, at email@example.com or 082 529 5188.