MINES AND MINERALS DEVELOPMENT ACT, 2008: SUBSIDIARY LEGISLATION-I

"Contaminant" means a substance or physical agent or a combination of substances and physical agents that may contribute to, or create, pollution;

"Decommissioned dump" means a dump where dumping operations have ceased but the dump has not been closed;

"Developer" means a person who holds a licence or a permit issued under the Act and who undertakes a new mining operation or mining related project to repair or extend an existing mine or mining operation;

"Director" means the Director of Mines Safety appointed under section 83 of the Act;

"Environmental impact statement" means a statement on the impact of the mining operation on the environment submitted to the Director under regulation 5;

"Inspector" means a person appointed as an inspector under section 83 of the Act;

"Project brief" means a report made by the developer including preliminary predictions of possible impacts of a proposed exploration, prospecting or mining operation on the environment and constituting the first stage in the environmental impact assessment process;

"Proprietary information" means any information relating to any manufacturing process, trade secret, trademark, patent, copyright, breeder's right or formula protected by law or by any international treaty to which Zambia is a party;

"Scheduled mine" means any mine specified in the First Schedule of the Pneumoconiosis Act and includes any scheduled place specified in the Second Schedule to that Act;

"Toxic substance" means a poisonous gas, vapour, fume, dust or other substance that may cause injury, or adverse pathological changes, to human beings or animals or cause adverse physiological changes to the environment;

"Underground" means beneath the surface of the ground to which access may be by way of a ramp, adit raise, shaft or winze, but does not include an open pit or quarry;

"Working" means an excavation made for the purpose of searching of winning minerals;

PART II
ENVIRONMENTAL IMPACT ASSESSMENT

3. Environmental project brief

(1) A developer shall prepare and submit six copies to the Director, of an environmental project brief before undertaking any prospecting, exploration or mining operations.

(2) For the purpose of prospecting exploration or mining operations under these Regulations a developer shall appoint a mine manager.

(3) A mine manager appointed under (2) shall employ a competent person.

(4) A competent person referred to in sub-regulation (2), shall-

(a) in relation to any duty or function, have adequate training and experience so as to enable him to perform such duty or function under these Regulations, without any avoidable danger to himself or any other person; and

(b) have the relevant academic qualifications in mining environmental management, recognised by the Director and should have a minimum of two years relevant industrial experience.

(5) The environmental project brief referred to in sub-regulation (1) shall be prepared by a competent person.

(6) The environmental project brief referred to in sub-regulation (1) shall contain the information set out in the First Schedule to which shall be attached-

(a) a brief statement on the impact of the prospecting, exploration or mining operations on the environment; and

(b) information on any remedial action, if any, to be implemented and complied with.

(7) The Director shall comment on the environmental project brief and shall, within ten days of receipt of such environmental project brief, make recommendations to the Council for consideration.

(8) The Council shall, within 40 days of receipt of the environmental project brief, inform the Director of its decision.

(9) If the environmental project brief is incomplete, the council shall send it back to the Director with comments, and the Director shall inform the developer referred to in sub-regulation (1), to re-submit the environmental project brief within 21 days.

(10) The Director shall write to the developer authorising him to develop the mine, if the mining operation has no significant impact on the environment.

(11) This regulation shall apply to-

(a) all proposed mining operations whether they are part of a previously proposed mining operation or not; and

(b) Any alterations, modifications or extensions of any existing mining operation, which the Director or the Council directs, based on the information contained in the project brief, that an environmental impact assessment should be prepared.

(12) The provisions of the Environmental Protection and pollution Control (Environmental Impact Assessment) Regulations, 1997 relating to environmental project briefs shall apply to any application made under this regulation.

4. Environmental impact statement procedure

(1) Where the Director determines that the exploration, prospecting or mining operations is likely to have a significant impact on the environment, the Director shall request the developer to prepare an environmental impact statement in accordance with these Regulations.

(2) The environmental impact statement referred to in sub-regulation (1) shall be prepared by a competent person.

(3) The provisions of sub-regulation (3) of regulation 3 shall apply to this Regulation.

(4) The developer referred to in sub-regulation (1) shall submit nine copies of the Environmental impact statement to the Director within 60 days of receipt of the request from the Director.

(5) The environmental impact statement shall contain the information set out in the Second schedule.

(6) If the environmental impact statement is unacceptable or significantly incomplete, the Director shall, within 30 days of receipt of such environmental impact statement, inform the developer, stating-

(a) the issues that need further consideration;

(b) that he should re-submit the environmental impact statement with alterations or corrections within 30 days of that request; or

(7) The Director shall register each environmental impact statement.

5. Contents of environmental impact statement

(1) The environmental impact statement shall contain-

(a) and executive summary of the impact of the exploration, prospecting or mining operation on the environment;

(b) an environmental management plan;

(d) the estimated cost of protecting the environment.

(2) The cost of protecting the environment referred to in paragraph (c) of sub-regulation (1) shall include-

(a) the operational cost of protecting the environment, covering the full life of the mine;

(b) the cost of rehabilitating the mine, covering the full life of the mine;

(d) the operational cost of protecting the environment after the closure of the mine.

(3) the estimate of the cost of the rehabilitating the mine shall be in the form set out in the Third Schedule.

(4) the developer shall make a commitment, in writing, to the Director to-

(a) meet the costs referred to in sub-regulation (2); and

(b) implement the environmental impact statement.

(5) The developer shall attach to the environmental impact statement-

(a) a map showing the location of the tailings, waste and overburden dumps;

(b) a map showing the area covering the mining right or permit and the location of the dumps in relation to the mine structures and the natural and physical features;

(d) the statement of any rehabilitation work to be undertaken.

(6) The map referred to in paragraph (a) of sub-regulation (5) shall be-

(a) made of durable material;

(b) deposited at the office of the Director and updated by every thirteenth day of September of each year, and

(7) A developer shall appoint a competent person to update the environmental impact statement once a year.

6. Mine site closure

(1) A developer may apply to the Director for a partial or complete closure of a mine.

(2) The application referred to in sub-regulation (1) shall include an audit report on the environment surrounding the mine site, which shall be prepared by an independent person.

(3) A mine site shall be closed within 60 days of the application referred to in sub-regulation (1), after all the conditions under these Regulations have been met.

(4) The Director shall issue a closure certificate for any mine closed and the mining right or permit or part thereof shall be cancelled by the Minister.

7. Records of closing down mine

(1) The Director shall keep a record of an environmental impact statement, map or other document for any mine temporarily or permanently closed or abandoned.

(2) The records referred to in sub-regulation (1) shall be open for inspection by the public during normal working hours.

(3) Notwithstanding sub-section (2), the records referred to in that sub-section shall not include proprietary information.

8. Audit of environmental impact

(1) An audit report on the impact on the environment of any exploration, prospecting or mining operation shall be prepared by two independent competent persons and shall contain information as to whether the environmental impact statement is being implemented and complied with.

(2) Two copies of the report referred to in sub-regulation (1) shall be submitted to the Director for evaluation.

(3) The Director shall, within 30 days of receipt of the report referred to in sub-regulation (2), notify the developer of any modifications the Director may consider necessary and shall state when the next audit on the impact of the exploration, prospecting or mining operation on the environment shall be conducted.

(4) The first audit on the impact of any exploration, prospecting or mining operation on the environment shall be conducted within 15 months of commissioning such exploration, prospecting or mining operation.

9. Minister's powers to exempt

(1) The Minister may, on such conditions as he may determine, exempt any prospecting, exploration or mining operation from the operation of any provision of these Regulations in accordance with the Act, or, where a developer is conducting any experiments or tests on such conditions as the Minister may determine.

(2) The Minister may delegate his function under sub-regulation (1) to the Director.

PART III
MINE DUMPS

10. Interpretation of Part

In this Part, unless the context otherwise requires-

"active dump" means any dump where dumping operations are carried out and which has not been closed;

"classified dump" means a dump consisting of material deposited and accumulated-

(a) wholly or mainly in solid form where-

(i) the area covered is more than ten thousand square metres and the height is more than two metres;

(ii) the height of the dump is more than 15 metres; or

(iii) the average gradient of the land covered by the material is more than one in 12;

(b) Mainly in solution or suspension where-

(i) Any point is more than four metres above the level of any part of the adjacent land and is less than 50 metres from the perimeter of the dump; or

(ii) The volume is more than ten thousand cubic metres; and

"water course" includes any river, stream, ditch, drain, sewer, culvert, cut, dyke, sluice and passage through which water, whether processed or not processed, flows.

11. Procedure to be followed before dumping

(1) A developer shall apply and give 30 days notice to the Director, before commencing any dumping operations-

(a) specifying the material to be dumped;

(b) giving a description of the site; and

(2) A developer shall submit a report containing information set out in the Fourth Schedule to the Director, which shall be prepared by a competent person and shall state the safety precautions and the other measures to be taken to protect the environment surrounding the dumping area, before dumping any material on that site.

(3) Where the Director approves the application referred to in sub-section (1) the developer shall, not less than 30 days before he commences any dumping operations, submit to the Director a plan delineating the area where the dump will be situated, showing-

(a) 1000 metres from the boundary of the adjacent land at a scale of not less than 1/5,000, contoured to, oriented to, and co-related to, the mine surface plan;

(b) all the mining workings, whether abandoned or not, of any previous land movement, spring, well, watercourse of any other natural, geological or typographical feature which may affect the security or safety or the dump or which may be relevant to determine whether the land is suitable for dumping operations; and

(4) If the Director considers that the report referred to in sub-regulation (1) is not complete, he may direct the developer-

(a) conduct any additional survey tests, borehole of groundwater measurements; or

(b) meet any other conditions as he may think necessary and may request that a supplementary report be made by the person who prepared the previous report or from a competent person.

(5) If the Director does not approve the dumping application, he shall give reasons for such refusal within 30 days of receipt of such application.

(6) A developer who is aggrieved by a decision of the Director under this regulation may appeal to the Minister.

12. Rules for dumping operations

(1) A developer shall make rules relating to any dumping operations carried out on an active classified dump specifying-

(a) the manner in which the dumping operations are to be carried out;

(b) the precautions to be taken to avoid polluting the environment;

(d) how pollution to the environment shall be monitored.

(2) A developer referred to in sub-regulation (1) shall appoint a competent person to inspect every classified dump and its surroundings, every week, to ensure that-

(a) the drainage and the ground between the dump and the inter-section of vertical planes drawn from the boundaries of any mine workings is less than five hundred metres from the nearest edge of that dump;

(b) the dumping rules are being complied with; and

(3) The competent person referred to in sub-regulation (1) shall make a report which shall be open for inspection by an inspector stating-

(a) any defect found in any records kept for that purpose at the mine;

(b) the progress made in implementing the provisions of the environmental impact assessment; and

(4) The competent person referred to in sub-regulation (1), shall bring to the immediate attention of the developer, any pollution to the environment not initially detected or predicted, to the developer's attention and remedial action.

13. Procedure for dumping on decommissioned dump

(1) A developer shall apply in writing to the Director to resume dumping on a decommissioned dump, not less than 30 days before commencing any dumping operation stating-

(a) the description of the site on which the dumping will be made; and

(b) the material to be dumped.

(2) The Director shall-

(a) determine whether the dump shall be a classified dump or not; or

(b) notify the developer referred to in sub-regulation (1) that the dump shall be a classified dump, if that dump may have an impact on the environment.

(3) Where the Director approves the application for dumping on a decommissioned dump such developer shall follow the procedure referred to in regulation 11, and shall, before dumping any material on that decommissioned dump, give 30 days notice to the Director.

(4) Where dumping is to be resumed on a previously decommissioned classified dump, new rules should be made and the provisions of regulation 12 shall apply.

(5) A developer shall make a report to the Director if-

(a) such developer makes any change or variation to the specifications of the dumping site, which the originally submitted to the Director, that may affect the safety of that dumping site;

(b) such developer makes any change or variation to the mining operations which may have an adverse impact on the environment; or

14. Prohibition of dumping over mine

A developer shall not dump any material which is wholly or partially in solution or suspension or any solid material which may turn into a solution or suspension, over an area vertically above any mine workings, whether abandoned or not, or is within a horizontal distance of one hundred metres from where the line of break from the mine workings intersects the surface.

15. Drainage of dump

(1) A developer shall ensure that a dump is properly drained and shall not carry out any dumping operations that may cause accumulation of water in, under or near a dump, making the dump insecure or dangerous.

(2) The drainage from any dumping operation shall not enter any mine opening or subsiding ground over any mine workings, whether abandoned or not.

(3) The developer referred to in sub-regulation (1) shall ensure that-

(a) the drainage system of a dump is maintained and is in proper and safe working condition;

(b) regular inspections of the dump are made;

(d) measures to control pollution are being effected; and

(e) the dumping operations are being carried out in accordance with this Part.

(4) A developer shall keep a record of any maintenance or action taken to remedy any defect in the drainage system.

16. Supervision of drainage system by competent person

(1) A developer shall appoint a competent person to supervise any person charged with dumping any material in a classified dump to ensure that-

(a) the design and the management of the dump; and

(b) the rehabilitation and decommissioning of every dump is done in accordance with these Regulations.

(2) A competent person appointed under sub-regulation (1), shall make a report-

(a) of every defect revealed during any inspection of the dump and any action taken to remedy such defect;

(b) on the condition of the drainage of the dump; and

(c) on any pollution to the environment that is revealed during inspection and the action to be taken to control such pollution.

17. Reports by independent person regarding classified dump

(1) Notwithstanding sub-regulation (2), a developer shall obtain a report from an independent competent person on-

(a) each active classified dump;

(b) the condition of the ground between a dump and all surface intersections of vertical planes drawn from the boundaries of any mine workings less than one hundred metres from the nearest edge of the dump;

(d) any significant impact on the environment not originally predicted; and

(e) the progress made in implementing the environmental impact statement.

(2) The report shall contain information stating-

(a) whether or not the dump is safe;

(b) whether there has been any change in the design of the dump or in the nature of the material deposited;

(c) in detail, whether there may occur or there is likely to occur any subsidence or other surface movement which may affect the safety of the dump or any mine workings, whether abandoned or not;

(d) any surveys, tests, boreholes or groundwater measurements made for purposes of the report and the results;

(e) the precautions to be taken during any dumping operations to avoid pollution of the environment and prevent a nuisance; and

(f) any recommendation to modify the environmental impact statement.

(3) The report referred to in sub-regulation (1) shall be obtained-

(a) at intervals of two years;

(b) as soon as practicable after a dangerous occurrence relating to a dump, ground or mine working happens;

(d) after any alteration is made to any specifications or design of a dump; or

(e) if there is any change in the nature of the material dumped which may affect the safety of the dump or the environment.

(4) A copy of the report referred to in sub-regulation (1) shall be kept at the office of a mine for inspection by an inspector and another copy sent to the Director.

(5) If the area was not previously used as a dumping site, the first report shall be made not more than two years after the date on which dumping operations commence.

18. Reports on active classified dumps

(1) A developer shall, for every active classified dump, keep-

(a) any record relating to such classified dump obtained under regulation 16;

(b) a record of any written directions given by an inspector;

(c) accurate plans and sections of all the dumps and the dumping area showing clearly and accurately the state of the dump, 15 months from the date any dumping commences or after such period as the Director may direct in writing;

(d) accurate plans of adjacent land within 1000 metres from the boundary of the dump and the sections showing any surface installation, mine workings whether abandoned or not and any geological or other feature that may affect the safety of the dump;

(e) any record completed at the end of each month relating to the nature, quantity and location of the material deposited in such classified dump; and

(f) a copy of the environmental impact statement.

19. Reporting of unusual or abnormal matter

An inspector, competent person or a person in charge of a mine shall inform a developer of any abnormal or unusual matter recorded in any report relating to any dump and the developer shall in turn inform the Director.

20. Closure of dumping site

(1) Within 30 days of ceasing any dumping operations, and after completing the procedure set out in these Regulations a developer shall, apply to the Director for a classified dump to be closed.

(2) An application referred to in sub-regulation (1) shall be accompanied by-

(a) an audit report on the impact of the dump on the environment prepared by an independent competent person;

(b) a copy of the environmental impact statement;

(d) a report on the progress on rehabilitating the dump indicating the environmental status of the dump and the surrounding areas and the amount of work still outstanding to rehabilitate the dump.

(3) The Director shall within four weeks of receiving the application referred to in sub-regulation (1), inform the developer, in writing, whether he accepts or rejects the application.

(4) Where the Director rejects the application he shall inform the developer, in writing, to make any alterations to the environmental impact statement, as he may think necessary.

(5) The report referred to in paragraph (d) of sub-regulation (2), shall be submitted every 12 months throughout the period the dump is being rehabilitated and decommissioned.

(6) The Director shall close a dump when all the conditions have been met by the developer.

21. Inspection of decommissioned classified dump

(1) A developer shall appoint a competent person to inspect-

(a) every decommissioned dump and the surrounding land situated 1000 metres from the boundary of the dump; and

(b) where the environmental impact statement is being complied with.

(2) Where the dump consists of material mainly in solution or suspension form, the inspection shall be at intervals not exceeding six months.

(3) Where the dump consists of material in a solid state, the inspections shall be at intervals not exceeding 12 months.

(4) A competent person referred to in sub-regulation (1), shall make and sign a full and accurate report of every defect or pollution to the environment, which he discovers.

(5) The report referred to in sub-regulation (4) shall be kept at the office of the mine for a period of five years and shall be open for inspection by the public during normal working hours.

22. Report on decommissioned classified dump

(1) A developer shall submit to the Director-

(a) a report prepared by an independent competent person relating to the safety and environmental status of decommissioned dump not yet closed, at intervals not exceeding-

(i) five years for a dump consisting of material wholly or mainly in solution or suspension form;

(ii) ten years for a dump of material mainly in a solid state;

(b) a special supplementary report as soon as is practicable, if any pollution to the environment relating to a decommissioned dump not yet closed occurs; and

(c) a report within seven days, when the mine workings reach a horizontal distance of five hundred metres from the boundary of a decommissioned classified dump and the effect of such mine workings on the safety of the dump.

(2) The report referred to in sub-regulation (1) shall contain-

(a) the provisions set out in the Fifth Schedule;

(b) information on the safety of the dump;

(c) details of any subsidence or any other ground movement that may affect the safety of the dump indicating any danger to the mine workings;

(d) details of the progress of any rehabilitation work undertaken in accordance with the approved environmental impact statement; and

(e) information on the nature and extent of the inspection and supervision and the measures that should be taken to prevent or control pollution or abate nuisance.

23. Keeping of plans, sections, etc. of decommissioned classified dump

(1) A developer shall keep a record at the mine of any plans and sections of a decommissioned classified dump including-

(a) any particulars of any dumping, building, mining operations or engineering operations which may affect the safety of the dump or any survey or tests;

(b) any accurate plans and sections of every dump and the land adjacent to it, showing the extent of the dump from the date dumping operations ceased and decommissioning began;

(d) any accurate plans of the land adjacent to the dump, which is within 1000 metres from the boundary of the dump;

(e) any accurate sections of the strata underlying the dump, showing any variation in the thickness or character of the strata, which may affect the safety of the dump;

( f) a report, updated annually, on the progress of rehabilitating the dump and the surrounding area;

(g) any report relating to the dump as provided for under these Regulations; and

(h) any instructions given by an inspector relating to the dump.

(2) Any book, plan or other record referred to in sub-regulation (1) shall be open for inspection by an inspector.

24. Submission of reports for closed dump

(1) A developer shall submit to the Director-

(a) all reports required under regulation 23;

(b) a report on the progress of rehabilitating the dump and the surrounding area; and

PART IV
AIR QUALITY AND EMISSION STANDARDS

25. Air quality and emission standards

(1) Except as provided for in the Sixth Schedule, a developer shall comply with the ambient air quality and emission standards established under the Air Pollution (Licensing and Emission Standards) Regulations, 1996, when discharging any toxic substance or harmful dust into the atmosphere.

(2) The Director shall provide air quality limits to a developer where specific air quality limits or guidelines are not provided for under the Air Pollution (Licensing and Emission Standards) Regulations, 1996, or under the Sixth Schedule.

26. Application of Legislation on Occupational Health and Safety

The provisions of the legislation on Occupational Health and Safety shall apply to any person employed by a developer who is at risk of contracting any occupational disease as a result of any emission or pollutants, which may result from any mining operations.

27. Water for dust suppression

A developer shall provide adequate supply of water to suppress dust or fumes generated by a mining operation where effective dust or fume extraction facilities are not available.

28. Developer to provide adequate ventilation

(1) A developer shall provide ventilation which is adequate and effective-

(a) as provided in the Sixth Schedule and in the Air Pollution Control (Licensing and Emission) Regulation, 1996;

(b) in any surface plant, building or any part of a mine in which any person travels to and from work or works;

(d) where any toxic substance evolves or may be evolved.

29. Removal of toxic substance or dust

(1) Any toxic substance or harmful dust collected and not discharged into the atmosphere, as provided for in regulation 26, shall be abated at source or as near to the source as is practicable.

(2) A toxic substance shall not be released from any surface plant or building in which any dust referred to in sub-regulation (1) is handled, processed, stored or evolved.

(3) Where the concentration of toxic substances determined under sub-regulation (1), are suspected to be harmful to any person or the environment, the frequency of determining the air quality shall be increased and steps taken to reduce the toxicity to acceptable levels as provided under the Environmental Protection and Pollution Control Act.

(4) In determining the air quality under sub-regulation (1) the Director shall specify-

(a) the concentration of gases specified in the Sixth Schedule;

(b) the dust concentrations; and

(5) The Director shall keep a record of the results of the air quality determined under sub-regulation (1), which records shall be signed by the ventilation engineer and the senior mine official of the plant, building or process concerned.

(6) A quarterly report of the results obtained in accordance with sub-regulation (1), shall be submitted to the Director in such form as the Director may determine.

30. Determination of air quality in surface plants

(1) The Director shall assess the air quality of a scheduled mine or any mine to determine the air quality of a surface plant at intervals not exceeding 31 days.

(2) In making the assessment under sub-regulation (1) the Director shall consider-

(a) dust concentrations;

(b) concentrations of the gases specified in the Second Schedule of the regulations; and

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PART V
WATER STANDARDS

31. Water rights

The water rights of any mining activity shall be as provided for in the Water Act.

32. Access to drinking water

The quality of drinking water provided by a developer to his employees shall be as provided in the Seventh Schedule.

33. Regulating effluent water discharge

The quality of any water effluent entering a stream in a mining area which is licensed as a discharge site shall be as provided for in the Third Schedule to the Water Pollution Control (Effluent and Waste Water) Regulations.

PART VI
STORAGE, HANDLING AND PROCESSING OR HAZARDOUS MATERIAL

34. Interpretation

(1) In this Part, unless the context otherwise required-

"bowser" means a mobile vessel used for conveying fuel underground or from the surface to underground;

"container" means a movable vessel, which was a capacity of not more than two hundred litres and not less than 20 litres, used for storing or conveying hazardous liquid;

"corrosive" means any substance that by chemical action may cause damage when in contact with any living tissue or any other substance;

"hazardous material" means-

(a) any substance which is a potential source of harm or danger;

(b) any corrosive, inflammable or combustible solid or liquid, ionising radiation and its source or petroleum product; or

"combustible liquid" means any liquid which has a flash point above 60 degrees celsius but below 93 degrees celsius;

"highly inflammable liquid" means any liquid which has a flash point of 7 degrees Celsius or below;

"Inflammable and combustible solid" means any carbonaceous or organic solid capable of self-igniting or of being ignited;

"inflammable combustible liquid" means any liquid which has a flash point below 93 degrees Celsius;

"inflammable liquid" means any liquid which has a flash point above 7 degrees Celsius but below 60 degrees Celsius;

"ionising radiation'' means any radioactive substance, whether sealed or unsealed and any machine or apparatus which emits ionising radiation particles charged at a voltage of not less than five kilovolts;

"mobile container" means any vessel mounted on wheels, tracks or skids, whether self-propelled or not, used for the transportation of any hazardous liquid and includes a bowser, tanker and trailer;

"petroleum product" means any derivative or product of crude petroleum oil and includes any liquefied hydrocarbon gas and its distillates;

"portable container" means any vessel which has a capacity or not more than 20 litres used for the storage or conveyance of any hazardous liquid;

"tanker" means a mobile vessel used for the transportation of any hazardous liquid, by road or rail, on the surface;

"vehicle" means any wheeled or tracked self propelled unit, truck or waggon owned or operated by a mine or contractor on the mine; and

"vessel" means any object or container used to carry hazardous, inflammable or combustible liquid, or petroleum products.

35. Suitability of building, installation and equipment

Any building, installation or equipment for storing any liquid under this Part, shall be suitable for storing such liquid.

36. Safe working practice

Any liquid under this Part shall be stored, handled and processed in a manner that is safe and healthy for any person working in that mine.

37. Code of safe working practice

A developer shall ensure that an appropriate code of safe working practice is enforced in accordance with regulation 37.

38. Inflammable combustible liquid

Any inflammable combustible liquid shall be classified as follows-

(a) class I: any liquid which has a flash point below 38 degrees celsius;

(b) class II: any liquid which has a flash point above 38 degrees but below 60 degrees celsius; and

39. Storage of highly inflammable or combustible liquids

(1) Except petrol in a tank of a vehicle, a highly inflammable liquid in excess of 20 litres shall not be stored in any container in a building.

(2) Except fuel oil or any liquid stored in an industrial pressure cylinder, a combustible liquid shall be taken underground without the prior approval in writing of the Director.

(3) No petrol shall be taken underground.

(4) Two incompatible hazardous liquids under this Part shall not be stored in close proximity of each other.

40. Vessel for storing, conveying or transporting liquid

(1) Any vessel used for storing, conveying or transporting any hazardous liquid shall-

(a) be sealed with a positive sealing device and where the vapour of that liquid may generate pressure to a dangerous level that container shall be sealed using a pressure relief valve;

(b) have a built in relief mechanism; and

(c) be clearly marked and labelled and, have prominently displayed on it, a label giving an appropriate warning of the dangers of such liquid.

(2) The conditions for storing any hazardous liquid shall be as prescribed in the Eighth Schedule.

41. Transferring hazardous liquid

(1) A person transferring any hazardous liquid shall-

(a) only load or unload one container at any one time and shall do so with the help of other people;

(b) use a suitable transfer pump or other safe means, when transferring any liquid into, or from, any mobile container or tank;

(c) not use a vessel that is pressurised or discharge any liquid unless the conditions relating to a pressure vessel are met, in accordance with the provisions of the Mining Regulations, 1997;

(d) use a vessel which is electrically bonded or protected against dangerous electro-static build-up;

(e) take adequate precautions to protect any person from any danger arising from the movement of such liquid; and

(f) not mix one type of inflammable or corrosive liquid with another.

(2) Notwithstanding paragraph (b) of sub-regulation (1), a gravity head of any hazardous liquid discharged may be used where a positive means for stopping the flow of that hazardous liquid is adequately secured at source.

(3) The gravity head of the hazardous liquid referred to in sub-regulation (2) shall not exceed 30 metres without the prior approval, in writing, of the Director.

42. Storage of any hazardous liquid in storage room

(1) Where the quantity of any hazardous liquid stored inside any building exceeds two hundred litres, that liquid shall be stored inside a storage room set aside for that purpose.

(2) The storage room, referred to in sub-regulation (1), shall not contain more than two thousand litres of any hazardous liquid.

(3) The storage room referred to in sub-section (2) shall-

(a) be located in such a position that fire may not spread quickly and shall have a minimum of two hours resistance;

(b) have suitable fire-fighting equipment located in suitable positions, outside the room;

(d) be built with a floor that can easily be drained;

(e) have facilities to relieve pressure where there is likelihood of any danger;

(f) have prominently displayed at suitable places, inside and outside that room, notices bearing the following inscriptions. "NO SMOKING", NO FIRES" and "NO NAKED LIGHTS"; and

(g) have electric light bulbs, inside that room, adequately protected with all switches and fuses affixed outside.

(2) Any vessel kept in the storage room shall be suitably sealed when not in use.

43. Storage of hazardous liquid in storage shed

(1) Where the quantity of any hazardous liquid stored outside any building in a storage shed exceeds two hundred litres, that shed shall-

(a) have a space of at least five metres from any cultivation, shrub or grass and other inflammable or combustible materials capable of causing fire;

(b) be constructed of non-flammable material;

(d) be fitted with a high and low system of ventilation flowing outside;

(e) have prominently displayed at suitable places inside and outside the shed, notices bearing the following inscription: "NO SMOKING", "NO FIRES" and "NO NAKED LIGHTS"; and

(f) where illuminated by electric lights, have all bulbs inside that shed adequately protected with all switches and fuses affixed outside that storage shed.

(2) A container containing any liquid kept in the shed shall be kept suitably sealed when not in use.

44. Storage hazardous liquid in open area

(1) Where the quantity of any hazardous liquid stored on the surface in any open area exceeds two thousand litres, that open area shall-

(a) be adequately fenced at a distance of five metres from the surrounding area, away from any cultivation, shrub or grass and other inflammable or combustible materials that can cause fire;

(b) have prominently displayed, at suitable places outside the fenced area, notices bearing the following inscription: "NO SMOKING", "NO FIRES" and "NO NAKED LIGHTS"; and

(c) have electric light bulbs, within that fenced area, adequately protected with all switches and fuses affixed outside that fence.

45. Storage of hazardous liquid

(1) Where the quantity of any hazardous liquid stored in any vessel exceeds two thousand litres, the conditions set out in the Ninth Schedule to these Regulations shall apply.

(2) A plan of the area where the vessel is to be installed and the specifications of the vessel shall be submitted to the Director accompanied by a plan of the site showing how any potential contamination of the soil shall be prevented or controlled.

(3) The Director shall approve the plan referred to in sub-regulation (2) within 60 days of receipt of such plan.

46. Re-fuelling of petrol and fuel oil in a mining area

(1) A person shall not re-fuel any self-propelled vehicle with petrol or fuel oil except at a filling station constructed in a mining area in accordance with regulation 47.

(2) Where it is impracticable to comply with the requirements under sub-regulation (1), a person may re-fuel from suitably equipped, mobile container with the prior approval, in writing, of the Director, and in case of an emergency, a small quantity of petrol or fuel oil, sufficient to enable a vehicle to be driven to a filing station, may be taken to that place in a portable container.

(3) The Director may approve, in writing, re-fuelling underground directly from a bowser, in the initial stages of any mining operations, if it is not practicable for a filling station to be constructed.

(4) A person shall not re-fuel at any filling station or at any other place, while the engine of the vehicle being re-fuelled is running.

(5) A person shall not re-fuel within three metres from any live trolley line conductor.

47. Filling station in mining area

(1) Any filling station in a mining area shall-

(a) be constructed out of non-flammable materials;

(b) be accessible in not less than two ways;

(d) have a concrete floor that is impervious and free of cracks and shall be sloped to facilitate cleaning and collection of any split fuel;

(e) be provided with suitable fire-fighting equipment;

(f) open between hours of sunset and sunrise on the surface and at all times underground; and

(g) be equipped with suitable electric lighting and the bulbs and tubes for the lighting shall be adequately protected.

(2) A competent person shall be in charge of a filling station or any other place where petrol or fuel oil is stored.

(3) The provisions of sub-regulation (3) of the Regulation (3) shall apply to this Regulation, with the necessary modifications.

48. Transportation of fuel-oil underground

A developer shall transport fuel from the surface to the underground or between places underground in a boswer, approved in writing, by the Director.

49. Specification of fuel-oil underground

Any fuel-oil used underground to power any engine shall be as specified in the Ninth Schedule.

50. Amount of fuel-oil permitted underground

The total quantity of fuel-oil permitted underground shall not, as far as is reasonably practicable, exceed the quantity likely to be normally consumed within a period of seven days.

51. Spillage of fuel-oil

(1) Where any petrol or fuel-oil is spilled in any place it shall be removed immediately, and if, in the process of removing the petrol or fuel-oil, any material is contaminated, that material shall be placed in a suitable container for subsequent destruction or other safe disposal.

(2) Any person who spills petrol or fuel-oil on an engine or vehicle that person shall immediately insure that the petrol or fuel-oil is removed.

(3) A person shall not wash any petrol or fuel-oil into any drainage system or any place where it may cause danger or pollution to the environment.

52. Transporting of hazardous liquid in container

Except a bowser, any container, used to transport any hazardous liquid under this Part shall-

(a) be fitted with surge plates;

(b) have filling pipes which extend below the level of the suction pipe;

(c) have a vent of not less than 50 millimetres in diameter, fixed to each vessel and protected by two wire gauze diaphragms which do not corrode, each of which shall have a linear mesh aperture of not less than 0.4 millimetres or more than 0.6 millimetres and diaphragms spaced not less than 75 millimetres apart;

(d) be earthed in accordance with the provisions of the Mining Regulations, 1997, during transportation of any hazardous liquid and the resistance of any connection shall not exceed five ohms;

(e) be equipped so that the volume of the liquid in the container may be accurately ascertained at any time;

(f) have prominently displayed-

(i) on the font, rear and each side, the name of the hazardous liquid being transported and its category in accordance with regulation 35;

(ii) any special action to be taken or any action to be avoided, in an emergency concerning the hazardous liquid being transported; and

(iii) any prohibitions to be observed by persons near the mobile container;

(g) be equipped with suitable fire-fighting equipment adequate to combat fire in its initial stage;

(h) be fitted with the requirements specified in the Roads and Roads Traffic Act in relation to that liquid;

(i) have an air space of not less than 2.5 per cent of the total capacity of that container;

(j) have all elements of any articulated container electrically bonded; and

(k) be securely attached to the chassis.

53. Transporting fuel-oil in bowser

A developer transporting fuel-oil in a bowser shall transport such fuel in a boswer-

(a) fitted with filling pipes which extended below the level of the suction pipe;

(b) which has a vent of not less than 50 millimetres in diameter, fixed to each vessel and protected by two wire gauze diaphragms that do not corrode, each of which has a linear mesh aperture of not less than 0.4 millimetres or more than 0.6 millimetres and diaphragms spaced not less than 75 millimetres apart;

(c) earthed in accordance with the provisions of the Mining Regulations, 1997, and the resistance of any connection shall not exceed five ohms;

(d) clearly marked;

(e) equipped with suitable fire-fighting equipment adequate to combat fire in its initial stage;

(f) fitted with a suitable reflector at each end; and

(g) with an air space of not less than 2.5 per cent of the total capacity of such boswer.

54. Transporting corrosive liquid in mobile container

Any developer who transports acid using a mobile container or road tanker shall, in addition to the provisions of regulation 52-

(a) prominently display on the front, rear and each side of such container or road tanker a notice bearing the following inscription: "DANGER ACID", and shall have a clearly visible flashing light when transporting the acid;

(b) have at all times, at least 20 litres of water to be used for diluting the acid in case it burns any person; and

(c) have adequate chains between the trailer and the tanker at each side of the tow-bar where the tanker is towing a trailer tanker.

55. Prohibition of smoking and naked lights

(1) A person shall not smoke or use any naked lights at any filling station or at any other place where petrol or fuel-oil is stored or where vehicles are re-fuelled.

(2) A notice shall be displayed at a filling station and other places referred to in sub-regulation (1) stating the prohibition referred to in that sub-regulation.

(3) A developer shall provide adequate fire-fighting facilities at a filling station or other places referred to in sub-regulation (1).

56. Prohibition of towing

A developer shall not use a road tanker transporting any corrosive liquid to any other vehicle.

57. Storage of inflammable or combustible solid

(1) Where any inflammable or combustible solid is stored at any place, the following conditions shall apply-

(a) adequate precautions shall be taken to prevent spontaneous combustion or self-ignition;

(b) sufficient ventilation shall be provided to dilute spontaneous combustion or self-ignition;

(d) suitable fire-fighting equipment shall be provided; and

(e) a notice bearing the following inscription: "NO SMOKING", "NO NAKED LIGHTS" and "NO FIRES" shall be prominently displayed at suitable places.

(2) Any inflammable and combustible solids shall be stored in a safe and suitable manner at a safe distance from any explosives, magazines, storage box or shaft.

(3) Notwithstanding sub-regulation (2), an inflammable or combustible material awaiting transportation underground may be temporarily stored at the shaft bank if suitable precautions are taken to prevent danger from fire.

58. Prohibition of touching or moving damaged container

A person shall not touch or move any container or vessel containing any hazardous material which is leaking until a competent person has personally examined the container and has given instructions on the action to be taken.

59. Repairs to mobile container

(1) Where any repair is to be undertaken inside any vessel or mobile container which contains any hazardous material, the following procedure shall be followed-

(a) the mobile container or vessel shall be opened and thoroughly ventilated before any repairs are undertaken;

(b) a suitable sampling apparatus shall be used to determine the level of any concentration of gas, vapour or fumes in the container;

(d) a competent person, who has personally examined the vessel or mobile container and who is satisfied that it is safe to do so, shall certify that repairs be undertaken specifying-

(i) the repairs to be undertaken;

(ii) the manner in which such repairs shall be undertaken; and

(iii) the precautions to be observed;

(e) where the container contains inflammable, combustible or toxic liquid, it shall be purged; and

(f) where any scale or sludge is to be removed, the repairs shall only be undertaken with suitable non-ferrous tools.

(2) Where any repair is to be carried out on the outside of any tank or mobile container, suitable precautions shall be taken to ensure that no person is endangered while conduction such repairs.

60. Repairs to bowser

Where any repairs have to be carried out on any boswer which contains hazardous liquid, the provisions of regulation 59 shall apply.

61. Repairs to vessel

Where any repairs have to be carried out on any vessel which contains hazardous material, the provisions of regulation 59 shall apply before any person enters the container.

62. Ionising radiation

The provisions of the Ionising Radiation Act shall apply to any place in which ionising radiation or any radioactive substance is present.

PART VII
INSPECTION

63. Inspection of mining operations

(1) The Director shall appoint authorised persons in accordance with the provisions of section 83 of the Act.

(2) The Director shall issue an identity card set out in the Tenth Schedule to each authorised person.

(3) Any person who obstructs the Director in the performance of his duties under this Part shall be guilty of an offence.

64. Power of authorised person

(1) An authorised person shall have powers, on production of the identity card issued to him under regulation 63, to inspect any mining operation and conduct such inquiries and tests to ensure that the provisions of the Act and these Regulations are being complied with.

(2) In inspecting any mining operation referred to in sub-regulation (1), an authorised person shall ensure that the mining operation does not have a severe impact on the environment and the records kept are in accordance with the provisions of these Regulations.

(3) The mining operations and records referred to in sub-regulation (2), shall not apply to proprietary information.

(4) An authorised person shall furnish the Director with such reports and such other information relating to the matters referred to in sub-regulation (2) as the Director may direct.

PART VIII
THE ENVIRONMENTAL PROTECTION FUND

65. Contribution to Fund

(1) A developer shall contribute to the Fund established under the Act.

(2) The contributions referred to in sub-regulation (1), shall depend on the capacity of the developer to rehabilitate the mining operations that may have an adverse impact on the environment, as may be determined by the Director.

(3) A person referred to in sub-regulation (2), shall apply for a refund of his contribution, less the monies owed to Government as provided for under the Act, if a mine site is declared closed.

66. Fund contributions

(1) The contributions to the Fund referred to in regulation 65, shall be calculated depending on the performance of each developer, and shall be categorised as set out in the Eleventh Schedule.

(2) The Director shall inform the developer of the category in which the prospecting, exploration or mining operation shall fall and the contribution to the Fund using the Form as set out in the Third Schedule.

(3) The contribution shall be deposited with the Fund over a period of five years beginning the year the prospecting, exploration or mining operations are commissioned in the case of new operations, or when the developer submits an approved environmental impact statement in the case of existing mines or project briefs for prospecting and exploration projects.

(4) A new prospecting, exploration or mining operation shall not be classified in category 1 of the Eleventh Schedule.

(5) A developer who is aggrieved by any decision made under this regulation may appeal against such decision in accordance with, and as provided for, under section 95 of the Act.

67. Concessions by Director

The Director may give concessions to a developer after assessing-

(a) the approved environment impact statement of new or existing mining, prospecting or exploration operations;

(b) the annual audit report on the environment submitted to the Director; and

PART IX
MISCELLANEOUS

68. Public access to information

Except for any proprietary information, the public shall have access to projects briefs, environmental impact statements, comments made by the public hearing reports kept by the Director.

69. Protective clothing

(1) A developer shall provide appropriate protective clothing to any employee exposed to any pollution from a mining process or the environment which may cause injury or impairment to the function of the body of such employee.

(2) An employee to whom personal protective clothing is provided under sub-regulation (1) shall maintain such clothing in a sanitary and proper condition.

70. Provisions of washing and eating facilities where toxic substances are handled

A developer who operates a mine, where any toxic substance is handled, processed or stored, shall provide-

(a) adequate washing facilities to be used by his employees at the end of each shift; and

(b) adequate facilities immediately adjacent to the washing facilities established under paragraph (a), where such employees shall eat during working hours.

71. Code of safe working practice

A developer shall issue an appropriate code of safe working practice for use by all the employees who work in hazardous conditions, to ensure, as far as is reasonably practicable, the safety and health of his employees.

72. Protection at surface excavation

A developer who makes, or caused any other person to make, an excavation into which a person or animal may fall, shall make a regular ridge around the boundary of the excavation or take such other measures as are necessary for the safety or health or such person or animal.

73. Crack, subsidence or cavity

(1) Where any mining operation has caused or is likely to cause any crack, subsidence or cavity on the surface in any area, the whole of the area shall be kept fenced or bonded and shall be a caving area and sufficient notices prohibiting unauthorised entry to the area shall be prominently displayed at suitable places along the fence of bounds.

(2) No person shall carry out any mining operations likely to cause any crack, subsidence or cavity on the surface within a horizontal distance of one hundred metres from any building, road, railway, lake, river, or any other structure or feature on the surface requiring protection, unless written permission is obtained from the Director, under such conditions as he may prescribe.

(3) No person shall erect or construct a building, power line, road or railway within one hundred metres from the line of break of a caving area, except with the written permission of the Director.

(4) No person shall deposit tailings or other fluid material at any place on the surface of a mine, without the prior approval in writing of the Director.

(5) No person shall enter any caving areas, except for the purpose of performing statutory duties.

74. General penalty

(1) Any person who contravenes any provisions under these Regulations shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding 20 thousand penalty units or to imprisonment for a term not exceeding two years or to both.

(2) If the offence referred to in sub-section (1) is committed by a company, each person who is a Director or is a person in-charge of that mine shall be guilty of that offence, if it was committed with his knowledge.

75. Danger from spontaneous combustion

A dump which may cause spontaneous combustion, shall be situated in such a position that it may not cause fire and shall not-

(a) be a danger to any person;

(b) damage any mine shaft, open pit mine, quarry or building; or

FIRST SCHEDULE

[Regulation 3]

INFORMATION TO BE CONTAINED IN ENVIRONMENTAL PROJECT BRIEF

1. Name of developer .....................................................

2. Address of developer .................................................

3. Telephone number of developer .....................................

4. Fax numbers and Electronic mail address ...........................

5. Name of owner of mine ...............................

6. Mine manager or the person responsible for mine ........................

7. Prospecting permit or mining right or licence number ......................

8. Regional setting-

(a) plan or aerial photograph required;

(b) Topography (Plan required);

9. A brief description of the regional climate-

(a) mean monthly and annual rainfall for the site;

(b) mean monthly maximum and minimum temperatures;

(c) mean monthly wind direction and speed-where appropriate (such as in urban areas and if such information is freely available);

(d) mean monthly evaporation; and

(e) incidence of extreme weather conditions-floods, drought, high winds.

10. Soil-

(a) plan required;

(b) a description of the soil types to be disturbed; their fertility, credibility and depth;

(c) pre-mining land use (proportions of the land used as: arable land, grazing land, wetland and wilderness land, and existing structures and any evidence of misuse);

11. Natural vegetation or plant life

12. Animal life:

Presence of rare or endangered species.

13. Surface water-

(a) plan required;

(b) the presence of water course, streams, rivers, dams and pans should be indicated; and

14. Groundwater (information readily available)-

(a) depth of water-table, presence of water boreholes; and springs (plan required); and

(b) groundwater quality and use.

15. Air quality

16. Noise

17. Sites of archaeological and cultural interest (plan required)

18. Sensitive landscapes

19. Visual aspects

20. Regional socio-economic structure (does not apply for prospecting);

21. Interested and affected parties:

Identify and list known bodies representing interested and affected parties.

22. Geology-

(a) representative logs, and where appropriate, a section through the ore body and surface mapping;

(b) identify and characterise overburden material that will be disturbed; may give rise to a deterioration in water quality; and

23. Mineral Deposit-

(a) mine product(s); including solid, liquid and gaseous waste generation; and noise, heat and radioactive emissions, from normal and emergency operation; or prospecting target mineral(s);

(b) estimated reserves or extent of target area;

(c) proposed prospecting or mining methods(s) (e.g. opencast, underground, long wall, extensions to existing mine, etc.); and

(d) planned production rate; planned life of mine or duration of prospecting.

24. Environmental Impact-

(a) the expected environmental impact of the mining operation;

(b) the expected area of land and water that may be affected;

25. Mining Operation Project Motivation-

(a) a brief summary of the motivation for the mining operation; where it is intended that the product(s) shall be sold;

(b) an estimate of the expenditure required to bring the mining operation into production;

(d) an estimate of the labour force during construction and at full production; and

(e) an estimate of the multiplier effect on the local regional and national economy.

26. Mining Operation Alternatives-

(a) a brief summary of considered mining operation alternatives;

(b) mining methods;

(d) transport;

(e) power and water supply routes;

(f) sources of water;

(g) mine infrastructure sites;

(h) mine disposal sites;

(i) domestic and industrial waster disposal sites;

( j) housing sites;

(k) land use options after rehabilitation;

(l) alternatives to river diversions; and

(m) the "No mining operation" option.

SECOND SCHEDULE

[Regulation 4]

CONTENTS OF ENVIRONMENTAL IMPACT STATEMENT

1. A detailed description of the proposed prospecting, exploration or mining operation.

2. An estimate of the expected impact of the prospecting, exploration or mining operation on the environment.

3. The procedure to be used to either prevent, minimise or rehabilitate the adverse environmental impact.

4. The proposed environmental management procedures shall be specified and shall include and adequate monitoring and reporting system, which shall incorporate the provisions of the Environmental Protection and Pollution Control Act.

5. Surface Infrastructure:

Surface infrastructure (plan required), to include-

(a) Roads, railways and power-lines;

(b) Solid waste management facilities including - industrial and domestic waste disposal sites; mine residue disposal sites (state or show on the plan, the type of residue, final extent of the dumps, construction method and water reticulation layout);

(i) sewerage plant location, its design capacity and the process to be used;

(ii) pollution control dams, dumps, paddocks and evaporation dams (indicate whether these are to be lined or not); and

(iii) polluted water treatment facility, its design capacity and the process to be used;

(d) Potable water plant, location, its design capacity and the process to be used;

(e) Process water supply system, its design, capacity and the process to be used;

(f) Mineral processing plant;

(g) Workshops, administration and other buildings;

(h) Housing, recreation and other employee facilities;

(i) Transport;

( j) Water balance diagram right across the mine site (the diagram should show the water supply source(s), the water discharge point(s), the evaporation areas and potential seepage points. Each step in the diagram should indicate the estimated flow, in cubic metres per day, into and out of the facility, whether it is pumped or gravity fed, piped or an open channel flow, clean or dirty water and, where appropriate, e.g. in the case of dams, the storage capacity); and

(k) Disturbances of watercourses.

6. Storm-water:

(Indicate on a plan the storm water diversion measures designed to separate clean from contaminated water).

7. Geology

8. Topography:

(Plan required of expected post-mining topography. Include what slopes will be created rehabilitation and dump construction).

9. Soils:

(Include depths of soil that will be disturbed and how fertility and erosion will be managed).

10. Land capability:

(Plan required of expected post-mining land capability): and use - (Include what type of land use is planned).

11. Natural vegetation or plant life:

(For river and stream diversions emphasise aquatic plant life. If possible, include a description of the plant life that will be used during rehabilitation and how the vegetation will be managed).

12. Animal life:

For river and stream diversions, emphasise aquatic animal life.

13. Surface water:

Indicate the strategies for managing the following-

(a) the water balance;

(b) storm water;

(d) the legitimate requirement of surface water users on the affected water course;

(e) for river and stream diversions only-(include how the significant impacts identified will be managed, paying particular attention to erosion control, structural stability and surface drainage into and out of the diverted section).

14. Groundwater:

Indicate the strategies for the following-

(a) optimising surface rehabilitation in order to minimise adverse groundwater impacts;

(b) meeting the requirements of legitimate groundwater users in the affected zone.

15. Air quality:

Include an air pollution control plan if the assessment reveals significant potential impacts on air quality at potential impact sites.

16. Noise:

Include a noise reduction plan if significant impacts are expected at receptor sites.

17. Sites of archaeological and cultural interests

18. Sensitive landscapes

19. Visual aspects

20. Regional socio-economic structure

21. Submission of information:

The developer shall establish the extent to which information on measure taken to comply with statutory requirements are to be submitted. The provisions of the Environmental Protection and Pollution Control Act relating to gaseous and effluent emissions will apply as well as the requirements under these Regulations.

22. Maintenance:

Some of the measures will require maintenance after they have been implemented until the time decommissioning and closure activities begin. The developer should consider, where appropriate, the maintenance of at least the following-

(a) rehabilitated land;

(b) water pollution control structures; and

THIRD SCHEDULE

[Regulations 5 and 66]

THE REHABILITATION COSTS ESTIMATE

The rehabilitation cost estimate submitted by the developer shall be lodged as a cash contribution with the Environmental Protection Fund established under the Act over a period of five years beginning in the year mining operation is commissioned. For new projects, a submission of an acceptable environmental management plan in the case of existing mines, at the rate of 20 per centum of the total cost each year. If a mining operation lasts less than five years, the cash contribution rate shall be on a pro-rata basis. There shall be concessions given against the full cash contribution to be submitted to the Fund which will depend upon the mining operations environmental performance rating as follow:

Category	Concession
1.	95% off full rehabilitation cost
2.	90% off full rehabilitation cost
3.	80% off full rehabilitation cost

The levy concessions shall be such that a developer contributes successively decreasing amounts of money to the Fund over the five year implementation period depending on how quickly the project moves from environmental category 3 to 1. However, this means that the minimum cash contribution that a project can submit to the Fund is 5% of the total mine site rehabilitation cost as estimated by the developer. New projects can upon demonstration of capability be rated as Category 2 and them work towards achieving Category 1 status. This contribution shall be calculated against concluding closure costs only and will exclude progressive rehabilitation costs.

ITEMISED REHABILITATION

REHABILITATION COST ESTIMATES

Surface Treatment	Estimated Cost (K/ha)	Area (ha)	Cost (K)
1. Plough, seed, fertiliser, construct Graded banks, plant area, roadways spoil
2. Profiling of spoil for topsoil spreading
3. Pick-up, transport 100m, spread Topsoil per 300mm

FOURTH SCHEDULE

[Regulation 11]

CONTENTS OF REPORT TO DIRECTOR BEFORE DUMPING

1. The intended total amount of material to be dumped.

2. The average amount of material to be dumped.

3. The chemical composition of the material.

4. The intended dumping method.

5. The details of the site preparation, drainage and foundation.

6. Plans of the proposed dump to a scale of not less than 1/2500 and a section to a scale of not less than 1/1250 or to such larger scale as the Director may in writing approve.

7. The records of the design of the dump.

8. The intended area, height and contour of the boundaries of the dump.

9. The position and the nature of the construction of any wall or other structure.

10. The design and structure of the spillway and the type of material to be deposited there.

11. The nature and extent of inspection, supervision and safety measures necessary during any dumping operations.

12. The details of measures intended to prevent pollution including information on-

(a) surface hydrology;

(b) existing surface water quality;

(d) ground water hydrology and groundwater quality, where applicable;

(e) the extent and location of any ground water aquifers relative to the selected disposal site and how they are to be protected from pollution;

(f) the monitoring system to be used;

(g) the chemical composition of the material to be deposited which shall be evaluated;

(h) the mineralogy of the selected site to determine the potential of acid mine drainage.

N.B. The environment impact statement, provided under regulation 6 shall be attached.

FIFTH SCHEDULE

[Regulation 22]

CONTENTS OF DECOMMISSIONING AND CLOSURE PLAN

1. Reasons for closure.

2. Infrastructure-

(a) demolition of structures, buildings foundations and removal of debris;

(b) rehabilitation of the surface according to section 76 of the Act.

3. Mine dumps and residue deposits-

(a) disposal facilities like pipes, solution, trenches, return water dams etc.;

(b) ongoing seepage, control of rain water;

(d) final rehabilitation in respect or erosion and dust control.

4. Sealing of underground mining operation:

rehabilitation of dangerous excavations.

5. Progress report of decommissioning:

A developer shall submit to the Director, annually, the progress of the decommissioning of the mining operating until the area is declared closed by the Director.

6. Maintenance - A decommissioned site which requires maintenance until closure is approved by the Director, shall be maintained by the developer by-

(a) rehabilitating the land;

(b) controlling water pollution; and

SIXTH SCHEDULE

[Regulation 25]

MAXIMUM PERMITTED QUANTITIES OF CERTAIN GASES IN AMBIENT AIR

Description of gas

Maximum permitted Quantity of gas in mg/m3

1. Hydrogen sulphide

SEVENTH SCHEDULE

[Regulation 32]

Table 1: GUIDELINE VALUES FOR HEALTH-RELATED INORGANIC CONSTITUENTS IN DRINKING WATER (WHO, 1993)

Constituent

Guideline Values (mg/L)

Arsenic

0.01

Cadmium

0.003

Chromium

0.05

Cyanide

0.07

Fluoride

1.5

Lead

0.01

Mercury

0.001

Nitrate (as N)

10.00

Selenium

0.01

Table 2: GUIDELINE LEVELS FOR CHEMICAL CONSTITUENTS AND PHYSICAL CHARACTERISTICS THAT MAY AFFECT THE AESTHETIC QUALITY OF DRINKING WATER (WHO, 1993)

Constituent Characteristic

Guideline Value

Aluminium

0.2mg

Chloride

250mg C/litre

Colour

15 True Colour units

Copper

1.0mg/L

Hardness

500mg/L as CaCO3

Hydrogen sulphide

0.05mg/L

Iron

0.3mg/L

Manganese

0.01mg/L

6.5 - 8.5

Sodium

200mg.L

Solids - total Dissolved

1000mg/L

Sulphate

250mg/L

Taste and Colour

Not offensive for most consumers

Turbidity

5 Nephelometric turbidity units preferably << 1 disinfectant efficiency

Zinc

3.0mg/L

EIGHTH SCHEDULE

[Regulation 40]

CONDITIONS FOR STORING HAZARDOUS LIQUID

(1) Every vessel shall-

(a) contain two suitable manholes or other means which will allow the interior to be thoroughly cleaned and inspected;

(b) have safe means of access by any person to any part of the vessel;

(c) have a vent not less than 50 millimetres in diameter fixed to each vessel and adequately protected by two wire gauze diaphragms, that do not corrode and which has a linear aperture of not less than 0.4 millimetres or more than 0.6 millimetres and diaphragms shall be spaced not less than 75 millimetres apart;

(d) have a vent at the open end facing downwards at least three metres above ground level and not within three metres from any door, chimney or exhaust pipe;

(e) be earthed as defined in the electricity provisions of the Mining Regulations, and the resistance of any connection shall not exceed five ohms;

(f ) be equipped with filling pipes, extending below the level of the suction pipe with a screwed metal connection to the source of supply;

(g) have, prominently displayed at suitable places, notices bearing the following inscription: "NO SMOKING", "NO FIRES" and "NO NAKED LIGHTS";

(h) placed reasonably free from corrosive ground water or effluent or be treated with anti-corrosive materials; and

(i) be equipped so that the volume of liquid contained in that vessel may be accurately ascertained.

(2) The provisions of paragraph (c), (d), (e), (f), (g), (h), (i) and (j) of sub paragraph (1) shall apply to a vessel which is buried and contains petrol or fuel oil.

(3) a buried vessel referred to in sub-paragraph (1) shall be-

(a) covered with reinforced concrete to a thickness of not less than one hundred and 60 millimetres;

(b) be suitably protected; and

(4) The provisions of paragraph (1) shall apply to any vessel in which petrol or fuel oil is stored on the surface and is not buried;

(5) A vessel referred to in paragraph (4) shall be-

(a) supported on properly constructed wall surrounded by enclosed walls or impermeable bunds or embankments of sufficient strength, capable of retaining one hundred and ten per cent of the amount of petrol or fuel-oil contained in that vessel or, where more than one vessel is installed, one hundred and ten per cent of the amount of petrol or fuel-oil contained in all the vessels;

(b) have valves to stop the flow of liquid if any pipe is damaged;

(c) equipped with suitable discharge pumping equipment which shall be placed outside any enclosed impermeable bunds or embankments and fitted with stop valves; and

(d) have its lightning protected.

(6) The provisions of paragraph (1) shall apply to any vessel on which any corrosive liquid is stored on the surface with the necessary modifications.

(7) Where the vessel is not provided with enclosed walls or impermeable bunds or embankments, there shall be provided a suitable and adequate drainage system draining into a soak-pit or settling pond of sufficient size to contain one hundred and 20 per cent of all the liquid into the vessel until that liquid can be neutralised.

(8) Where the discharge of the liquid is by means of compressed air or gas, the requirements of pressure vessels as provided for under the Mining Regulations shall apply.

(9) The provisions of paragraph (1) shall apply to any underground vessel in which fuel oil is stored.

(10) An underground vessel referred to in paragraph (9) shall be-

(a) kept in, or adjacent, to a filling station;

(b) have two means of access if any point within the area in which the tank is situated is in excess of 11 metres away from the entrance on the intake side;

(d) situated in a well ventilated place and the return air shall be directed to a return airway;

(e) have walls constructed so as to form a liquid tight joint with the floor, and any openings through the walls not at a height below the maximum volume of the fuel-oil to be stored in it;

(f) positioned on the intake side of the tank and suitable means of extinguishing any fire shall be provided; and

(g) protected, as far as is reasonably practicable, against accidental damage.

(11) The provisions of paragraph (1), (2), (3), (4), (5), (6), (7) and (8) shall apply to any vessel in which any hazardous liquid other than petrol, fuel oil or corrosive liquid is stored.

NINTH SCHEDULE

[Regulation 49]

FUEL OIL

Fuel oil used underground for supplying motive power to diesel engines shall have a sulphur content of not greater than 0.5 per cent by weight and a flash point of not less than 57.0 degrees Celsius as measured by the Closed-Tester apparatus detailed by the Institute of Petroleum (IP-34) or the American Society for Testing and Materials (ASTMD-93) test methods. With due allowance for test method repeatability the guaranteed minimum flash point should never be lower than 51.5 degrees Celsius.

If, for refining reasons beyond the control of the suppliers, the flash point would be lower than the specified value with a fuel of sulphur content of 0.5 per cent by weight or less, than the sulphur content may be increased to a maximum of 1.0 per cent by weight in order to maintain the flash point above the specified value.

TENTH SCHEDULE

[Regulation 63]

FORMS

FORM MS 1

REPUBLIC OF ZAMBIAMINES AND MINERALS ACT

Mines and Minerals (Environmental Protection and Pollution Control) Regulations

[Regulation 15]

CERTIFICATE OF IDENTITY FOR AN AUTHORISED PERSON

This is to certify that; ......................................................... has been duly appointed as an authorised person in accordance with section 83 of the Mines and Minerals Act and section four of the Explosives Act.

Signature:...................................

Director of Mines Safety ...................

Signature:..............................

Bearer ................................

ELEVENTH SCHEDULE

[Regulation 66]

FUND CONTRIBUTIONS

Category 1

Action taken to rehabilitate-

(a) progressive rehabilitation carried out;

(b) whether rehabilitation has been properly monitored; and

(c) whether the annual rehabilitation audits show progress to meet the target of the environmental impact statement to manage environmental pollution.

Category 2

Environmental compliance capability-

(a) the financial capability to complete the rehabilitation of the mine area;

(b) the materials in place for total mine area rehabilitation;

(d) whether the developer or the person who holds a mining licence or permit has an approved environmental impact statement or project brief.

Category 3

Basis operational and strategic environmental protection requirements-

(a) an approved environmental impact statement or project brief;

(b) discharges of mining operations are permitted or licensed;

(c) post mining land use and slop and profile design, allowing stabe land rehabilitation within the mining or permit area; and

(d) a water management system is in place or designed to contain, treat, discharge or dispose of contaminated water.

MINES AND MINERALS (ENVIRONMENTAL PROTECTION FUND) REGULATIONS, 1998

[Section 82]

Arrangements of Regulations

Regulation

1. Title

2. Interpretation

3. Objectives and management of Fund

4. Proceeding of Committee

5. Appointment of Fund manager and other staff

6. Accounts of fund

7. Disbursement from Fund

8. Fund to be kept in dedicated bank account

9. Investment of Fund

SI 102 of 1998.

1. Title

These Regulations may be cited as the Mines and Minerals (Environmental Protection Fund) Regulations, 1998.

2. Interpretation

In these Regulations unless the context otherwise requires-

"Committee" means the Environmental Protection Fund Committee constituted under regulation 3;

"Developer" means a person who holds a licence or permit issued under the act to undertake a new mining related project, or undertakes to repair or extend an existing mine or mining operations;

"Director" means the Director of Mines Safety appointed under section 83; and

"Fund" means the Environmental Protection Fund established under section 82.

3. Objectives and management of Fund

(1) The objectives of the Fund shall be to-

(a) provide assurance to the Director that the developer shall execute the environmental impact statement in accordance with the mines and minerals (Environmental) Regulations, 1997; and

(b) provide protection to the Government against the risk of having the obligation to undertake the rehabilitation of a mining area where the holder of a mining licence fails to do so.

(2) The Fund shall be managed and administered by the Environmental Protection Fund Committee which shall consists of the following persons appointed by the Minister-

(a) the Permanent Secretary in the Ministry responsible for mines and minerals development who shall be the chairperson;

(b) the Director;

(d) a member representing the Ministry responsible for finance and economic development; and

(e) seven other members representing the developers contributing to the Fund who will be appointed in consultation with a body representing the developers contributing to the Fund.

(3) The Vice-Chairperson shall be elected by the members from amongst themselves.

(4) Where any member referred to in paragraph (b), (c), and (d) is unable to attend any meeting of the committee, that member may in writing nominate another person to attend in that member's stead and such member shall be deemed to be a member for the purpose of that meeting.

(5) The Committee shall be responsible for-

(a) determining issues on the use of the Fund and making decisions on the investment matters of the Fund;

(b) approving the withdrawals of funds from the Fund; and

4. Proceeding of Committee

(1) Subject to the other provisions of these Regulations the Committee shall regulate its own procedure.

(2) The quorum of the Committee shall be seven.

(3) A decision of the Committee shall be determined by a majority of the members present and voting.

(4) There shall preside at any meeting of the Committee, the chairperson or in the absence of the chairperson the Vice-Chairperson or in the absence of both the chairperson and the Vice-Chairperson such members as the members present may elect for the purpose of that meeting.

(5) The Committee shall cause to be kept minutes of the proceedings of every meeting of the committee.

5. Appointment of Fund manager and other staff

(1) The Minister shall, on the recommendation of the Committee, appoint a fund Manager to manage the affairs of the Fund.

(2) The Committee may be the approval of the Minister appoint such other staff as the committee may consider necessary to assist the Fund Manager.

(3) The Fund Manager appointed under sub-regulation (1) shall be responsible to the Committee but shall report to the Chairman for routine administrative purposes.

(4) The Fund Manager shall be the Secretary to the Committee and shall attend all meetings of the Committee but shall not vote on any matter.

6. Accounts of fund

(1) The committee shall keep proper books of account of the Fund and shall before 30^th June, in each year cause a balance sheet in respect of the amount to be made as at preceding 31^st March.

(2) The Fund shall be audited annually by an auditor appointed by the Committee.

(3) The audit report shall be submitted annually by the Committee to the Minister for publication in the Gazette.

7. Disbursement from Fund

(1) There shall be paid from the Fund-

(a) monies required to carry out the objectives of the Funds as set out in regulation 3; and

(b) refunds to holders of licences, on application, when a mine site is closed, less any monies owing in accordance with the Act.

(2) The Fund shall not be used to provide personal loans or for investment in any other way other than that authorised under the Act and these Regulations.

(3) The Director shall use any part of the contribution to the Fund by the holder of a licence to effect any necessary rehabilitation work on the mine site where the holder fails to effect the rehabilitation work required under section 78.

(4) Where the Director uses monies from the fund pursuant to sub-regulation (3) the Director shall recover the monies from the holder of a licence in accordance with section 78.

(5) The administrative expenses of operating the Fund shall not exceeding 1.0 per centum of the total income of the Fund:

Provided that this sub-regulation shall not apply during the commissioning of the office of the Fund Manager.

8. Fund to be kept in dedicated bank account

(1) All monies forming part of the fund shall, pending the investment or application therefore in accordance with these Regulations, be paid or transferred into a dedicated bank account with a registered bank.

(2) The monies of the Fund shall be held in a hard currency account.

(3) All monies of the Fund be index linked.

(4) The interest and income earned on the cash deposits of the Fund shall, subject to the approval of the Minister responsible for finance, be tax free.

9. Investment of Fund

Any monies in the Fund that are not immediately required for the objectives of the Fund may be invested by the committee in any manner as may be authorised by the Minister.

MINES AND MINERALS (ROYALTY) (REMISSION ) ORDER, 2000

[Section 67]

Arrangements of Paragraphs

Paragraph

1. Title

2. Remission of royalty

SCHEDULE

SI 18 of 2000.

1. Title

This Order may be cited as the Mines and Minerals (Royalty) (Remission) order, 2000.^{This Order shall come into operation on the 1^st February, 2000.181}

2. Remission of royalty

(1) The Company set out in the schedule to this order is hereby granted remission of part of the royalty chargeable under the Act.

(2) The rate of royalty chargeable and the period of the remission are set out in the Schedule.

(3)The royalty chargeable under this order is remitted to the extent of 16 million United States dollars in the first year following the date of commencement of this Order and the sum of 15 million United States dollars per annum thereafter up to expiry of five years:

Provided that the monetary limits set out in this sub-regulation shall be construed to represent the aggregate of the value of the royalty chargeable under this order

SCHEDULE

[Paragraph 2]

Name of companies

Rate of royalty chargeable

Period of remission

Konkola Copper Mines Plc

0.6% of gross value

20 years

MINES AND MINERALS (ENVIRONMENTAL) (EXEMPTION) ORDER, 2000

[Section 9]

Arrangements of Paragraphs

Paragraph

1. Title

2. Exemption from environmental regulations

3. Conditions of exemption

SCHEDULE

SI 19 of 2000,

SI 31 of 2000.

1. Title

This order may be cited as the Mines and Minerals (Environmental) (Exemption) Order, 2000.

2. Exemption from environmental regulations

The developer set out in the Schedule to this order is exempted from the provisions of the Mines and Minerals (Environmental) Regulations for the period specified therein.

3. Conditions of exemption

(1) The exemption granted under paragraph 2 is subject to the condition that the developer shall operate in accordance with an Environmental Management Plan developed and agreed upon between the developer and the Director.

(2) Where the developer fails or neglects to comply with the condition set out in sub-paragraph (1) the provision of the Mines and Minerals (Environmental) Regulations shall apply and be invoked by the Director.

SCHEDULE

[Paragraph 2]

Name of Developer

Period of exemption

1.Konkola Copper Mines Plc

20 years

2. ZCCM (Smelterco) Limited

3. Mopani Copper Mines Plc

[Sch am para 2 of order 31 of 2000.]

MINES AND MINERALS DEVELOPMENT (PROSPECTING, MINING AND MILLING OF URANIUM ORES AND OTHER RADIOACTIVE MINERAL ORES) REGULATIONS, 2008

[Section 161]

Arrangement of Regulations

PART I
PRELIMINARY

Regulation

1. Title

2. Interpretation

3. Scope

PART II
PROSPECTING FOR, MINING AND MILLING OF URANIUM AND OTHER RADIOACTIVE MINERALS

4. Prohibition of prospecting, etc for uranium or other radioactive minerals without authorisation

5. Application for licence to prospect for, mine or process uranium and other radioactive minerals

6. Prospecting for uranium or other radioactive minerals

7. Mining uranium or other radioactive minerals

8. Construction of mill and conduct of milling operations

9. Radioactive mine waste and tailings impoundment

10. Radioactive waste materials and contaminated equipment

11. Prospect, mine and mill de-commissioning, closure and abandonment

12. Transportation and storage of uranium and other radioactive minerals

13. Marketing of uranium and other radioactive minerals

14. Inspections and monitoring

15. Appointment of radiation protection officer

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Mines and Minerals Development (Prospecting, Mining and Mining of Uranium Ores, and other Radioactive Mineral Ores) Regulations, 2008.

2. Interpretation

In these Regulation, unless the context otherwise requires-

"Act" means the Mines and Mineral Development Act, 2008;

"background radiation" means radiation of man's natural environment originating primarily from the naturally radioactive elements of the earth and from the cosmic rays;

"Becquerel (Bq)" means the Systeme Internationale (SI) unit of measurement of radioactivity defined as one radioactive disintegration per second;

"competent authority" means any national or international regulatory body or authority designed or otherwise recognised as such for purposes of the Regulations;

"concentrate" means an extracted product that contains uranium and that results from the physical or chemical separation of uranium from ore;

"contamination" means radioactive material deposited or dispersed in material or places where it should not be;

"curie (Ci)" means the basic unit used to describe the intensity of radioactivity in a sample of material and equals 37 billion disintegration per second, or appropriately the radioactivity of one gram of radium;

"Director" means the Director of Mines appointed under section 144 of the Act;

"dose" means a general term denoting the quantity of radiation or energy absorbed in a specific mass;

"effective dose" has the meaning assigned to it in the Ionising Radiation Protection Act, 2005;

"Emergency Preparedness Plan" means a plan formulated by a holder to enable the holder to deal with unexpected occurrences and circumstances during operations;

"Environmental Council of Zambia" has the meaning assigned to it in the Environmental Protection and Pollution Control Act;

"holder" means the person in whose name a mining right is registered;

"ionizing radiation" means electromagnetic or corpuscular emission from radioactive material capable of producing ions, directly or indirectly while passing through matter;

"manager" means a person appointed by the holder and approved by the Director of Mines Safety to manage the exploration, mining or milling operations in accordance with the Act;

"mill" means a mineral processing facility at which ore is processed and treated for the recovery of uranium concentrate, including any tailings-handling and water treatment system associated with the facility;

"mineral processing" has the meaning assigned to it under the Act;

"mining right" has the meaning assigned to it in the Act;

"Quantitative Radiological Hazard and Safety Assessment" means the identification and determination of the dangers of radioactive emission relating to safety, health and the environment;

"Radiation Hazard Assessment" means the identification of health, safety and environment dangers arising out of radioactive emissions and the proposed intervention measures;

"Radiation Operation Management Protection Plan" means a plan that set out measures to safeguard employees, the public and the environment against exposure to radiation during operations;

"Radiation Protection Authority" has the meaning assigned to it in the Ionising Radiation Protection Act, 2005;

"Radioactive material" has the meaning assigned to it in the Ionising Radiation Protection Act , 2005;

"radioactive waste" means material which are radioactive and for which there is no further use; and

"Waste Management Plan" is a plan to manage all unwanted materials generated during prospecting, mining and milling operation.

3. Scope

(1) These Regulations shall regulate the mining industry in the exploration, mining, processing, storage transportation, acquisition and exportation of uranium and other radioactive minerals in accordance with the Act and shall enhance radiological safety, security and environment protection.

(2) Nothing in these Regulations shall be construed as relieving any employer or other person from complying with any applicable law governing safety, health and the protection of the environment .

(3) The requirements of these Regulations are in addition to, and not in place of, other applicable laws and regulations.

PART II
PROSPECTING FOR, MINING AND MILLING OF URANIUM AND OTHER RADIOACTIVE MINERALS

4. Prohibition of prospecting, etc. for uranium or other radioactive mineral without authorisation

(1) Subject to the other provisions of these Regulations, a person shall not prospect, mine, mill or engage in any related activities for the exploitation of uranium or any other radioactive mineral unless that person is authorised to do so in accordance with these Regulations.

(2) A person shall not be authorised to prospect, mine, mill or engage in any related activities for the exploitation of uranium or any other radioactive mineral unless that person-

(a) is in possession of the appropriate mining right obtained under the Act;

(b) conforms to standards for the management of the environment as provided for in the Act, the Ionising Radiation Protection Act, 2005, the Environmental Protection and Pollution Control Act and any other law relating to prospecting, mining, milling, transporting or storage of uranium and other radioactive mineral; and

(c) undertakes in writing not to directly or directly contribute to the production of nuclear weapons or nuclear weapons device in accordance with the provisions of the Seventh Schedule to these Regulations.

5. Application for licence to prospect for, mine or process uranium and other radioactive minerals

(1) An application for a licence to prospect for, mine or process uranium or other radioactive minerals shall be made in accordance with the provisions of the Mines and Minerals Development (General) Regulations, 2008.

(2) An application for a permit to acquire, store, transport or export radioactive minerals shall be made in accordance with the provision of the Mines and Minerals Development (General) Regulations, 2008.

6. Prospecting for uranium or other radioactive mineral

A holder of a prospecting licence or prospecting permit for uranium or other radioactive mineral shall not conduct any prospecting work or other related activity unless the holder submits to the Minister and the Radiation Protection Authority , for approval, the following plans-

(a) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations;

(b) a Radioactive Water Management Plan in accordance with the Second Schedule to these Regulations; and

7. Mining uranium or other radioactive minerals

(1) A holder of a mining right shall not conduct any mining operation for uranium or other radioactive minerals unless the holder-

(a) submits to the Minister, for approval, the following plan-

(i) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations;

(ii) a Waste Management Plan in accordance with the Second Schedule to these Regulations;

(iii) a plan to transport and store radioactive ores and products in accordance with the Third Schedule to these Regulations;

(iv) a Quantitative Radiological Hazard and Safety Assessment in accordance with the guidelines set out in the Fourth Schedule to these Regulations; and

(v) a detailed mine water management plan for both natural and mine water on-and off-site;

(b) submits to the Minister for approval, project description which shall include, but not be limited to the following-

(i) a scope of activities;

(ii) a site plan with coordinates;

(iii) a physical security plan; and

(iv) an occurrence and incident reporting plan; and

(c) obtains the necessary authorisation under the lonising Radiation Protection Act, 2005, the Environmental Protection and Pollution Control Act, and any other relevant law.

(2) The Director of Mines Safety shall, in consultation with the Environmental Council of Zambia, review annually the mine water management plan submitted in accordance with sub-paragraph (v) of paragraph (a) of sub-regulation (1).

8. Construction of mill and conduct of milling operations

(1) A holder of a mining right of mineral processing licence shall not construct a mill unless the holder submits to the Minister, for approval, a description of the mill and concentrate recovery.

(2) The description of the mill and concentrate recovery referred to under sub-regulation (1) shall include-

(a) a description of the proposed design of the mill;

(b) the proposed construction schedule and the contingency plans for construction;

(c) a description of the components, systems and equipment proposed to be installed at the mill, including their design operating conditions;

(d) the results of the process-hazard analysis and a description of how the results have been taken into an account;

(e) the proposed milling methods and programmes;

(f) a description of all proposed laboratory facilities and programmes;

(g) the proposed commissioning plan for the components, system and equipment to be installed at the mill; and

(h) a detailed mill water management plan for both natural and mill water on-and off-site.

(3) A holder of a mining right or mineral processing licence shall, before conducting any milling operation for uranium or other radioactive minerals, prepare and submit for approval to the Minister, the following plans-

(a) a Radiation Operation Management Protection Plan in accordance with the First Schedule to these Regulations;

(b) a Waste Management Plan in accordance with the Second Schedule to these Regulation; and

(c) a Quantitative Radiological Hazard and Safety Assessment in accordance with the Fourth Schedule to these Regulations.

(4) A holder to whom this regulation applies shall-

(a) develop a Waste Management Plan in accordance with the appropriate technology in order to manage the following-

(i) radioactive waste;

(ii) mill tailings;

(iii) sub-economic materials;

(iv) non-radioactive waste; and

(v) waste water;

to minimise environmental pollution and degradation;

(b) demonstrate to the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia that the radioactive waster management facilities are constructed in accordance with approved designs and the operational procedures are in place prior to commissioning the facilities; and

(b) operate the facilities referred to in paragraph (b) for such period as the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia the radioactive waste management facilities are constructed in accordance with approved designs and the operational procedures are in place prior to commissioning the facilities; and

(c) operate the facilities referred to in paragraph (b) for such period as the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia shall determine for purposes of assessing the performance of the facilities.

(5) The institutions referred to in paragraph (b) of sub-regulation (4) shall, where the institutions are satisfied with the performance of the radioactive waste management facilities, approve the facilities to be used for routine mine or mill operations based on an approved monitoring and surveillance programme.

(6) A holder shall inform the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia of-

(a) any changes to be operation which may alter the nature or quantity of radioactive waste;

(b) any proposal to change the waste containment system; and

(7) A holder shall ensure that the Waste Management Plan has a monitoring programme to-

(a) verify the effectiveness of the engineering design;

(b) validate models and predictions; and

(8) The Control of occupational health and public safety shall be done in accordance with the First and Second Schedule to these Regulations and the provisions of the Ionising Radiation Protection Act, 2005.

(9) The Director of Mines Safety shall, in consultation with the Environmental Council of Zambia, review annually the mill water management plans submitted under paragraph (1) of sub-

9. Radioactive mine waste and tailings impoundment

A holder shall develop and implement an environmental management plan in accordance with the provisions of the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997, Mines and Minerals, (Environmental) Regulations, 1997 and the Mines and Minerals (Environmental Protection Fund), 1998.

10. Radioactive waste materials and contaminated equipment

A holder shall store all contaminated equipment and materials in a secured and fenced area and shall ensure that at all times the area has appropriate warning indicating the levels of radioactive hazards present in the area and displayed in conspicuous locations.

11. Prospect, mine and mill de-commissioning, closure and abandonment

(1) A holder who intends to abandon a mine or mill site shall apply to the Director in accordance with the Sixth Schedule to these Regulations and shall submit to the Minister, for approval, a closure environmental impact assessment, an update mine decommissioning plan, a closure environmental impact assessment and an updated environmental management plan.

(2) A holder shall, where the holder anticipates the closure of a mine or mill, prepare and submit to the Minister, for approval, a Quantitative Radiological Hazard Analysis in accordance with the Fifth Schedule to these Regulations.

(3) The requirement of the Ionising Radiation Protection Act, 2005, apply to this regulation.

(4) The Director shall, where satisfied that all abandonment requirements have been complied with, issue an abandonment certificate.

12. Transportation and storage of uranium and other radioactive minerals

A holder shall transport and store any uranium ores, concentrates and other radioactive materials in accordance with the provisions of the Third Schedule to these Regulations.

13. Marketing of uranium and other radioactive minerals

(1) A person shall not acquire, sell or export uranium or any radioactive mineral except under and in accordance with the terms and conditions of an approval granted by the Minister under the Act.

(2) A holder who acquires, sells or exports any uranium concentrate or any other radioactive minerals shall-

(a) provide documentation to the Radiation Protection Authority on the source of the uranium concentrate or radioactive minerals and to prove the authenticity of the receiving agent and end-user in order to satisfy the provision of the Nuclear Non-Proliferation Treaty set out in the Seventh Schedule to these Regulations; and

(b) report to the Radiation Protection Authority and Mines Safety Department any internal movements of the substances in order to safeguard public health and safety.

14. Inspections and monitoring

(1) A holder shall monitor the implementation of the approved Radiation Operation Management Protection Plan and make available all records on demand by an authorised inspector from the Mines Safety Department, the Radiation Protection Authority, the Environmental Council of Zambia and any other authorised agency.

(2) A holder shall formulate and implement a quality management system to cover all operations at the mine or mill site.

15. Appointment of radiation protection officer

(1) A manager shall appoint a competent person as a radiation protection officer whose qualifications and experience shall be subject to the approval of the Director of Mines Safety and the Radiation Protection Authority.

(2) Any appointment made under sub-regulation (1) shall not relieve a manager of the manager's responsibilities under these Regulations.

16. Penalty

A person who contravenes any provision of these Regulations is liable to the penalties specified in the Act.

FIRST SCHEDULE

[Regulations 6, 7 (1) and 8]

RADIATION OPERATION MANAGEMENT PROTECTION PLAN AND RADIATION HAZARD ASSESSMENT

PART I
RADIATION OPERATION MANAGEMENT PROTECTION PLAN

1. Radiation Operation Management Protection Plan

A holder shall develop and implement a Radiation Operation Management Protection Plan with periodic reviews, evaluations and modifications necessary to ensure adequacy of resources and effectiveness.

2. Development of Plan

A Radiation Operation Management Protection Plan shall include-

(a) the sources of exposures;

(b) the control measures;

(d) estimates of costs to implement the management plan;

(e) education and training; and

(f) reporting and record keeping.

3. Sources of exposure

A Radiation Operation Management Protection Plan shall-

(a) identify all significant exposure sources and pathways; and

(b) include plans of the mine or mill, descriptions of the equipment to be used and processes involved and estimates of the radionuclide concentrations in the process stream.

4. Control measures

A Radiation Operation Management Protection Plan shall-

(a) describe the measures to be implemented to control radiation exposures; and

(b) include provision of engineering design for ventilation, dust or fume control for approval and shielding .

5. Monitoring

(1) A holder shall submit for approval a monitoring plan to the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia.

(2) The monitoring plan referred to under sub-paragraph (1) shall-

(a) comply with regulatory limits such as radiation doses received by individuals or groups; and

(b) provide information on the effectiveness of the engineering and procedural control measures.

6. Dose estimates

A holder shall provide estimates of radiation exposures or doses that arise from the operation in order to determine the adequacy of the proposed control measure.

7. Education and training

A holder shall provide appropriate education and training of staff on a continuous basis in the radiation protection aspects of the operations, first aid and general safety.

8. Reporting and record keeping

(1) A Radiation Operation Management Protection Plan shall include provisions for reporting the results of the monitoring programme and related information.

(2) A holder shall provide monthly reports to the Radiation Protection Authority, the Mines Safety Department and other relevant regulatory authorities.

9. Record of monitoring

(1) A holder shall retain records of monitoring results, dose assessments, calculation methods and related information in a manner that shall allow them to be retrieved. These records shall be available for inspection by relevant regulatory authorities.

(2) The records referred to under sub-paragraph (1) shall be submitted to the Radiation Protection Authority and the Mines Safety Department annually.

(3) A holder shall develop and maintain appropriate measures to preserve the records at the close of a project in accordance with the requirements of the Act and other relevant laws.

10. Personnel and resources

A Radiation Operation Management Protection Plan shall include a commitment to provide adequate resources and staff with appropriate qualifications and experience.

11. Integration into operations and programme

A Radiation Operation Management Protection Plan shall be integrated into occupational health and safety programmes and the operation as a whole.

12. Quality assurance

A holder shall implement a quality assurance programme which is in compliance with national and international standards.

13. Calibration

A Radiation Operation Management Protection Plan shall include schedule and measures for calibration of equipment used in monitoring which shall conform with national and international standards.

14. Auditing

A system of auditing to check the performance of a Radiation Operation Management Protection Plan shall be implemented and shall include both internal and external auditing.

15. Review and assessment

(1) A Radiation Operation Management Protection Plan shall be reviewed and assessed periodically to achieve continual improvement in radiation protection.

(2) The review referred to under sub-paragraph (1) shall include review of-

(a) the doses;

(b) trends over time for both the operation as a whole and smaller areas or working groups;

(d) administrative procedure and work practices.

16. Accidents

A holder shall report any radiological accidents within 12 hours of the incident to the Radiation Protection Authority and the Mines Safety Department and take appropriate steps to remedy the situation and prevent the recurrence of the accident.

PART II
RADIATION HAZARD ASSESSMENT

17. General requirements

(1) A mining right or licence shall be granted on condition that the holder conducts a radiation hazard assessment of the operation and activities involving radioactive material.

(2) The assessment referred to under sub-paragraph (1) shall identify the following-

(a) potential radiological hazards associated with prospecting mining and milling radioactive materials;

(b) the effectiveness of the engineered and operational controls; and

(c) determination of the magnitude of the radiological hazards from both normal operations and potential accidents to workers and the public.

18. Radiological safety assessment

(1) A holder shall make a radiological safety assessment of the prospecting, mining, milling, storage and transportation operation of radioactive materials.

(2) The main elements of the assessment referred to under sub-paragraph (1) shall be the following-

(a) identification and qualification of the prevailing levels of different radiological hazards;

(b) identification of areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1mSv per year;

(c) identification of individuals who may be occupationally exposed to ionising radiation and receive an annual effective dose in excess of 1mSv;

(d) determination of the effective dose received by occupationally exposed individuals;

(e) determination of the potential for radiation exposure of member s of the public due to airborne and liquid effluent releases form the site and arising from the disposal of radioactive waste.

(f) assessment of the efficiency and effectiveness of the engineered and operational controls; and

(g) estimation of the magnitude of the risks resulting form accidents whether on-site or off-site.

19. Radiological hazard assessment

(1) As a minimum , a radiological hazard assessment shall-

(a) identify the various types of radioactive material present in the complete process and determine their physical and chemical form, nuclide composition , activity concentrations, and estimate total quantities to be mined and milled per annum;

(b) identify local concentrations of radioactive material in the mining and milling operations;

(c) identify and quantify the radioactive doses to workers and members of the public who may have been exposed to radiation;

(d) qualify the mean levels and variations of the radiological hazards during full working shifts and determine the magnitude of longer term fluctuations;

(e) identify individuals occupationally exposed to radiological hazards;

(f) quantify the degree of individual occupational exposure in term of the annual dose equivalent received form all radiation exposure pathways, for routine, maintenance and repair operations;

(g) qualify the impact of radioactive emissions from the site in terms of the annual effective dose received by the public;

(h) collect appropriate data on parameters which impact on the extent and magnitude of radiological hazards, such as ventilation flow rate and patterns underground, the efficiency of ventilation and dust control practices, working practices and their impact on levels of radiological hazard;

(i) assess the transportation of final products and by-products in terms of the potential occupational radiation exposure of workers and the public;

(j) assess the effectiveness of the cleaning up of spillage;

(k) qualify the amount of radiation from materials and equipment released from mining and milling facilities; and

(l) the effectiveness of personal protection equipment.

(2) The following exposure pathway shall be quantitatively assessed at specified locations-

(a) exposure to short lived Rn-222 (radon) and Th-220 (thorium) daughter products in air;

(b) exposure to external radiation (beta-gamma dose rate);

(d) surface contamination levels (alpha and beta emitters) in surface work;

(e) contaminated scrap; and

(f) radon gas concentrations underground.

20.

(1) A holder shall submit an Emergency Preparedness Plan to the Director of Mines Safety and the Radiation Protection Authority for approval which will be reviewed annually.

(2) An Emergency Preparedness Plan shall be prepared according to the following guidelines-

(a) emergency plans shall be prepared for any practice or source which could give rise to a need for emergency intervention;

(b) regulatory authorities shall be involved in the preparation of emergency plan, as appropriate;

(c) the content, features and extent of emergency plan shall take into account the results of any accident analysis and any lesson learned from operating experience and from accidents that have occurred with sources of a similar type;

(d) emergency plan shall be annually reviewed and updated;

(e) provision shall be made for training personnel involved in implementing emergency plan and the plan shall be rehearsed at suitable intervals in conjunction with designated authorities; and

(f) prior information shall be provided to members of the public who could reasonably be expected to be affected by an accident.

(3) An Emergency Preparedness Plan shall include-

(a) the allocation of responsibilities for notifying the relevant authorities and for initiating intervention;

(b) the identification of the various operation and other conditions of the source which would lead to the need for intervention;

(c) intervention levels for the relevant protection actions and the scope of their application, with account taken of the possible degree of severity of accidents or emergencies that could occur;

(d) procedures, including communication arrangements, for contacting any relevant intervening organisation and for obtaining assistance from fire-fighting, medical, police and other relevant organisations;

(e) a description of the methodology and instrumentation for assessing the accident and its consequences on-and off-side;

(f) a description of the public information arrangements in the event of an accident;

(g) the criteria for terminating each protective action; and

(h) the holder's plans to contain any radiation arising from incidents or accidents in transit and to receive back the holder's consignment.

(4) A holder shall ensure that adequate provision is made for generating sufficient information promptly and communicating it to responsible authorities with regard to-

(a) the early prediction or assessment of the extent and significance of any accidental discharge of radioactive substances to the environment;

(b) rapid and continuous assessment of the accident as it proceeds; and

(5) A holder shall ensure that sufficient financial arrangements are made, including appropriate levels of insurance, to contain any emergency situation.

SECOND SCHEDULE

[Regulations 6, 7 (1), 8(6) and 8(8)]

WASTE MANAGEMENT PLAN

1. General requirement

A holder shall develop a Waste Management Plan which includes proposals for radioactive waste management in relation to-

(a) a description of the mine and mill facilities and resources;

(b) a description of the baseline environmental conditions;

(d) a description of the operation and the processes generating waster;

(e) the chemical and physical characterisation of radioactive waste, include the quantities and rate of production;

(f) the heritage, social and cultural matters and the proposed present and future land use;

(g) the waste management facilities and practices, waste conditioning and containment including sitting, design construction and operation;

(h) the discharge whether in liquid, solid or gaseous form, and the receiving environment;

(i) the discharge criteria;

(j) the contingency plans to deal with natural events, incidents, equipment and operational failure;

(k) a programme of assessment and review of the integrity of the waste disposal and containment facilities;

(l) a de-commissioning and closure plan with regard to the final disposal of waste; and

(m) any other relevant information.

2. Development of Plan

(1) A Waste Management Plan shall be integrated with the Radiation Operation Management Plan and with the overall project environmental management plan.

(2) A holder shall submit an updated Waste Management Plan annually.

(3) A holder shall, where there is a significant change of circumstances, submit for approval an updated Waste Management Plan within 30 days of the changed circumstances.

(4) A holder shall, where there is any significant change in operational procedures, submit an updated de-commissioning proposal within 30 days of such change.

(5) A holder shall prepare a quality assurance programme in the Waste Management Plan which shall include-

(a) civil engineering and geo-technical aspects of the containment system;

(b) the mode of operation of the system;

(d) any traceability to national or international standards.

THIRD SCHEDULE

[Regulations 6, 7 (1) and (10)]

PLAN TO TRANSPORT AND STORE RADIOACTIVE ORES AND PRODUCTS

1. Interpretation

In this Schedule, unless the context otherwise requires-

"A2" means the activity value of radioactive material, other than special form radioactive material and is used to determine the activity limits for the purposes of these Regulations;

"special form radioactive material" means at least one dimension not less than 5mm;

"Type A packages" means packages that shall not contain activities greater than-

(a) for special form radioactive material, A1; and

(b) for all other radioactive material, A2;

"Type B (M) packages" means packages that shall not contain-

(a) activities greater than those authorised for the package design;

(b) radionuclides different from those authorised for the package design; and

(c) contents in a form, or a physical or chemical state, different from those authorised for the package design; as specified in their certificates of approval;

"Type C packages" means packages that shall not contain-

(a) activities greater than those authorised for the package design;

(b) radionuclides different from those authorised for the package design; and

(c) contents in a form, or a physical or chemical state, different from those authorised for the package design; as specified in their certificate of approval.

2. Scope

(1) The Ionising Radiation Protection Act, 2005, and other relevant laws apply to this Schedule.

(2) Before transporting, storing, acquiring or exporting radioactive mineral substances, a person shall obtain a permit from the Minister as provided for under section 108 of the Mines and Minerals Development Act.

3. Packaging requirements before shipping

(1) A holder shall, before shipment, submit to the Minister for approval the design and technical specifications of any package or drum.

(2) A holder shall, for any system with a gauge pressure exceeding 35kPa, ensure that the containment system of a package conforms to the approved design requirements relating to the capacity of the system to maintain its integrity under pressure.

(3) Where neutron poisons are included as components of any package containing fissile material, a holder shall confirm the pressure and distribution of the neutron poisons.

4. General requirement for packages

The design of a package shall conform to the following-

(a) the mass, volume and shape of the package shall render it easy and safe to transport;

(b) the exposure levels from the package shall be within legally prescribed limits;

(c) lifting attachment on the package shall not fail when used in the intended manner and the design shall take account of appropriate safety factors to cover snatch lifting;

(d) lifting attachments of the package shall be removable or otherwise rendered incapable of being used during transportation;

(e) as far as practicable, the outer layer of the package shall be designed so as to prevent the collection and the retention of water;

(f) any features added to the package at the time of transportation which are not part of the package shall not reduce its safety;

(g) the package shall be capable of withstanding the effects of any acceleration, vibration or vibration resonance which may arise under the routine conditions of the United Nations Recommendations on the Transport of Dangerous Goods, for Packing Group I or II, and if they were subjected to the tests conducted in the most damaging orientation, they would prevent-

(i) loss or dispersal of the radioactive contents; and

(ii) loss of shielding integrity which would result in more than a 20 per cent increase in the radiation level at any external surface of the intermediate bulk container.

5. Approval and administrative requirements

(1) A consignor shall, where it is not necessary to obtain an approval certificate for package designs, on request, make available for inspection by the relevant competent authority, documentary evidence of the compliance of the package design with all the applicable requirements.

(2) An application for approval shall include-

(a) a detailed description of the proposed radioactive contents with reference to their physical and chemical states and the nature of the radiation;

(b) a detailed statement of the design, including complete engineering drawings and schedules of materials and methods of manufacture;

(c) a statement of the tests which have been done and their results, or evidence based on calculative methods or other evidence that the design is adequate to meet the applicable requirements;

(d) the proposed operating and maintenance instructions for the use of the packaging;

(e) if the package is designed to have a maximum normal operating pressure in excess of one hundred kPa gauge, a specification of the material of manufacture of the containment system, the samples to be taken, and the test to be made;

(f) any special stowage provisions necessary to ensure the safe dissipation of heat from the package considering the various modes of transport to be used and type of conveyance or freight container;

(g) a reproducible illustration, not larger than 21 cm by 30 cm showing the make-up of the package; and

(h) a specification of the application quality assurance programme as required.

(3) The competent authority shall establish whether an approved design meets the requirements for Type B (U) or Type C packages and shall attribute an identification mark to the design.

6. Notification and registration of serial number

(1) A holder shall inform the competent authority of the serial number of each packaging manufactured to an approved design.

7. Approval of shipments

(1) Multilateral approval shall be required for-

(a) the shipment of Type B(M) packages not conforming with the requirements designed to allow controlled intermittent venting;

(b) the shipment of Type B (M) packages containing radioactive material with an activity greater than 3,000 A1 or 3,000 A2, as appropriate, or 1,000Tbq, whichever is the lower; and

(2) A competent authority may authorise transport into or through its country without shipment approval, by a specific provision in its design approval.

(3) An application for shipment approval shall include-

(a) in relation to the shipment, the period of time for which the approval is sought;

(b) the actual radioactive contents, the expected modes or transport, the type of conveyance and the probable or proposed route; and

(c) the details of how the precautions and administrative or operational controls referred to in the package design approval certificate issued are to be put into effect.

8. Transportation of radioactive material

(1) A holder shall be liable for the radioactive mineral commodity in transit until the consignee receives it.

(2) A holder shall-

(a) establish a radiation protection programme for the transportation of radioactive materials which shall be made available for inspection by the relevant competent authority;

(b) ensure that the nature and extent of the measures to be employed in the radiation protection programmes are related to the magnitude and likelihood of radiation exposures;

(c) ensure that the protection and safety measures are optimised in order that the magnitude of individual doses, the number of persons exposed and the likelihood of incurring exposure are kept as low as reasonably achievable; and

(d) ensure that workers receive appropriate training in radiation hazards and the precaution to be observed in order to ensure restriction of their exposure and other persons who might be affected by their action.

(3) The holder shall, as a minimum, ensure the following during the transportation of radioactive material:

(a) correct labelling, packaging and loading of the mineral commodity;

(b) regular contact with transporter until the mineral commodity is delivered to the consignee;

(d) where an accident occurs during transport, a radiation protection officer appointed in accordance with Regulation 15 shall-

(i) ensure that the scene of the accident in cordoned off;

(ii) immediately inform the Radiation Protection Authority, the Environmental Council of Zambia and the Mines Safety Department; and

(iii) take necessary steps and measures to prevent the exposure of the public to ionising radiation and to minimise contamination of the surrounding environment;

(e) a transporting vehicle shall have the emergency contact telephone numbers of the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia on either side of the vehicle; and

(f) in the case of air transportation within Zambia, the Aviation Act shall apply in addition to the provisions of these Regulations.

9. Occupational health and safety in transportation

(1) A holder shall conduct periodic assessments of the radiation doses to persons arising from the transportation of radioactive material, to ensure that the system of protection and safety complies with the basic safety standards.

(2) Where the Radiation Protection Authority, in the case of occupational exposures arising from transportation activities, assesses that the effective dose-

(a) is unlikely to exceed 1mSv in a year, it shall not require any special work patterns, detailed monitoring, does assessment programmes or individual record keeping;

(b) is likely to be between 1 and 6mSv in a year, it shall conduct a dose assessment programme through work place monitoring or individual monitoring; and

(3) A holder shall, where the Radiation Protection Authority conducts individual monitoring or work place monitoring, keep appropriate records.

10. Emergency response during transportation

(1) A holder shall, in the event of an accident or incident during transportation of any radioactive material, observe and implement emergency provisions to protect persons, property and the environment.

(2) Emergency procedures taken under sub-paragraph (1) shall take into account the formation of other dangerous substances that may result from the reaction between the contents of a consignment and the environment in the event of an accident.

11. Special arrangements or exceptions

(1) Consignments for which conformity with other provisions of these Regulations is impracticable shall not be transported except under special arrangements approved by the regulatory authorities.

(2) The Director may approve special arrangement transport operations for single or a planned series of multiple consigners where the competent authority is satisfied that conformity with other provisions of these Regulations is impracticable and that the requisite standards of safety established by these Regulations have been demonstrated by a holder.

(3) The overall level of safety in transport shall be equivalent to that which would be provided if all the applicable requirement has been met and in the case of international consignments, multilateral approval shall be required in accordance with paragraph 6.

12. Storage of radioactive materials

(1) Radioactive materials shall be segregated sufficiently from workers and from members of the public.

(2) The following values for dose rates shall be used for the purpose of calculating segregation distances or radiation levels-

(a) in the case of workers in regularly working areas, a dose of 5mSv in a year; and

(b) in the case of members of the public, in areas where the public has regular access, a dose of 1mSv in a year to the critical group.

(3) Radioactive materials shall be sufficiently segregated from undeveloped photographic film.

(4) The basis for determining segregation distances for any purpose under sub-paragraph (3) shall be that the radiation exposure of undeveloped photograph film due to the transportation of radioactive material be limited to 0.1 mSv per consignment of the film.

FOURTH SCHEDULE

[Regulations 7(1) and 8(3)]

QUANTITATIVE RADIOLOGICAL HAZARD AND SAFETY ASSESSMENT FOR PROSPECTING, MINING AND MILLING OPERATION

1. General requirements

(1) A holder shall conduct a quantitative radiological hazard and safety assessment of the operations and activities involving radioactive material.

(2) A radiological hazard and safety assessment shall-

(a) identify all potential radiological associated with prospecting, mining and milling of uranium and other radioactive minerals;

(b) assess the effectiveness of engineering and operational controls; and

(c) determine the magnitude of radiological hazards from both normal operations and accidents to workers and the members of the public.

2. Radiological safety assessment

(1) A holder shall assess all the aspect involving any radioactive material from the prospecting, mining and milling of ores, to the storage and transportation of final products and waste.

(2) A holder shall, in an assessment-

(a) identify and qualify the prevailing levels of the different radiological hazards;

(b) identify the areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1mSv per year;

(c) identify any individuals who may be occupationally exposed to ionising radiation and receive an annual effective does in excess of 20mSv;

(d) determine the potential for radiation exposure of the members of the public due to airborne and liquid effluent releases from the site and the disposal of radioactive waste;

(e) assess the efficiency and effectiveness of the engineered and operational controls; and

(f) estimate the magnitude of the risks resulting from accidents whether on-site or off-site.

3. Radiological hazard assessment

(1) A radiological hazard assessment shall, as a minimum-

(a) identify the various types of radioactive materials present in the whole process and determine their physical and chemical form, nuclide composition, activity concentration and estimate total quantities to be mined ad milled per annum;

(b) identify and qualify the radiological doses to workers and members of the public associated with the activities involving radioactive materials;

(c) qualify the mean levels and variations of the radiological hazard during full working shifts and determine the magnitude of longer term fluctuations;

(d) identify individual occupationally exposed to radiological hazards;

(e) quantity the degree of individual occupational exposure in terms of the annual dose equipment received from all radiation exposure pathways for routine, maintenance and repair operations;

(f) quantity the impact of radioactive emission from the site in terms of the annual effective dose received by the public in all potentially affected areas; and

(g) quality and control the hazard associated with equipment leaving the site.

(2) The following exposure pathways shall be quantitatively assessed at specified locations:

(a) exposure to short lived Rn-222(radon) and Th-220 (thorium) daughter products in air;

(b) exposure to external radiation (beta-gamma dose rate);

(d) surface contamination levels (alpha and beta emitters) in surface works;

(e) contamination scrap; and

(f) radon gas concentration underground.

FIFTH SCHEDULE

[Regulation 11(2)]

QUANTITATIVE RADIOLOGY HAZARD ANALYSIS AT MINE AND MILL DE-COMMISSIONING AND CLOSURE

1. Scope

Part IX of the Act, the Mines and Minerals (Environmental) regulations, 1997, and the lonizing Radiation Protection Act, 2005 apply to this Schedule.

2. Obligations of holder

(1) A holder shall determine-

(a) the amount of airborne radioactivity and terrestrial radiation emitted by the following facilities-

(i) tailing dumps;

(ii) waste rock dumps;

(iii) open pits or underground mine workings;

(iv) mill infrastructure;

(v) workshop infrastructure;

(vi) office infrastructure;

(vii) any other infrastructure;

(b) the amount of radiation emitted from water ponds;

(d) the amount of radon emissions from tailings dumps and waste rock dumps;

(e) the amount and distribution pattern for the dust dispersed from tailings dumps and waste rock dumps, with particular attention to nearby human settlements;

(f) the amount of radioactive contamination in seepage and run-off water from tailings dumps and waste rock dumps;

(g) the structure, geo-technical and seismic stability of tailings dumps and waste rock dumps; and

(h) the amount of radiation emitted from any other source that is part of a mine or mill infrastructure.

(2) A holder shall, before the termination of any obligations relating to any closed waste management facility, submit to the Radiation Protection Authority, the Mines Safety Department and the Environmental Council of Zambia the results of the final radiological and environmental survey and a closure completion report in order to document compliance with the regulatory requirement for managing the waste.

(3) The information required under sub-paragraph (2) shall be determined as accurately as is practicable and shall be included in the decommissioning and closure plan.

(4) The objectives of a de-commissioning and closure plan shall include, but shall not be limited to-

(a) achieving long-term radiation protection by reducing the effective equivalent dose to the individual in the critical group to below 0.1 mSv/year;

(b) achieving background water quality in the long-term by controlling groundwater contamination;

(d) reducing the radon flux over the surface of the final tailings dumps to an internationally acceptable rate of 20pCi/mÂ²;

(e) rehabilitating tailings dumps to make them stable for at least 200 years;

(f) minimising hazards to the public and the environment;

(g) preventing inadvertent human intrusion and dispersion of contaminated materials by wind and water erosion.

(h) complying with other applicable and relevant regulations governing air and water quality in non-radiological aspects; and

(i) de-contaminating and safely disposing of equipment and waste materials.

SIXTH SCHEDULE

[Regulation 11(1)]

URANIUM MINES AND MILLS ABANDONMENT

1. Scope

The provisions of the Act, the Environmental Protection and Pollution Control Act, the Ionising Radiation Protection Act, 2005, and other relevant law shall apply to the abandonment of uranium mines and mills.

2. Application

A holder of a mining right or mineral processing licence for uranium ores and any other radioactive mineral ores shall, in an application for abandonment of a mine or mill, submit-

(a) a report on the status of the environment at abandonment stage;

(b) the rehabilitation objectives and performance indicators for all components and phases;

(d) the methods to de-contaminate equipment to be removed from the project site;

(e) the proposed methods of disposing of unsold equipment which is not de-contaminated;

(f) the plan and sections of the entire mine or mill site showing the location of major infrastructure such as mill tailing, storage facilities and mine waste rock dumps;

(g) the estimated time periods between project closure and abandonment;

(h) a comprehensive statement accompanied by plans, assessment of alternative rehabilitation methods with cost and levels of radioactivity after rehabilitation and the proposed post closure land uses;

(i) the plans to manage and monitor chronic and acute releases of radioactivity between closure and abandonment;

(j) the proposed methods aimed at rehabilitating the site to other beneficial land uses; and

(k) a closure certificate granted by the Director of Mines Safety.

SEVENTH SCHEDULE

[Regulation 4(2) and 13(2)]

SELECTED PROVISIONS OF NUCLEAR NON-PROLIFERATION TREATY

1. Compliance with Treaty provisions

(1) A holder shall, in an application for a mining or mineral processing licence, outline in the programme of mining and milling operations how the holder proposes to comply with the articles of the Nuclear Non-Proliferation Treaty.

(2) A holder shall develop and employ appropriate safeguards in accordance with the International Atomic Energy Agency (IAEA) to ensure the fulfilment of obligations assumed under the Nuclear Non-Proliferation Treaty to prevent diversion of nuclear energy material from peaceful uses to nuclear weapons or other intermediate nuclear weapons devices.

2. Obligations of holder

(1) A holder shall communicate the safeguards referred to under paragraph 1 before commencement of operation and report on compliance at every shipment.

(2) A holder shall, in addition to the requirements stipulated under sub-paragraph (1)-

(a) outline the implementation procedures for safeguards with respect to source or special fissionable material at their mine, storage or processing facility;

(b) undertake to prevent provision of nuclear energy material or other fissionable material or equipment or material special designed for the processing, use or production of special fissionable material, to any Nuclear Non-Nuclear Weapons State or individuals or institutions whether in a Nuclear Weapons State or not; and

(c) outline how the proposed safeguards shall assist the holder to comply with Article IV of the Nuclear Non-Proliferation Treaty and encourage peaceful technological and economic use and exchange of nuclear energy material.

(3) A holder shall outline the holder's marketing proposals and principles for mine production of radioactive material within or outside Zambia so as to comply with all aspects of the Nuclear Non-Proliferation Treaty.

(4) A holder shall comply with the marketing plan submitted in an application for authority to acquire, sell or export radioactive material and the holder shall report on the marketing activities to the relevant authorities.

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