Protection of the Environment, Occupational Safety and Health in Mining Activities in Uganda
The Mining and Minerals Act 2022 has incorporated several provisions intended for environmental protection as follows;
- Prohibition of pollution
A holder of a mineral right, licence or permit shall, in accordance with the requirements of The Mining and Minerals Act 2022, the National Environment Act,2019 and any other applicable written law, and in accordance with good mining industry practice, conduct operations in such manner as to preserve in as far as is possible, the natural environment; minimise and control waste or undue loss of or damage to natural, geological, biological, cultural, or archeological resources; prevent and where unavoidable, promptly treat pollution and contamination of the environment; and take no steps which may unnecessarily or unreasonably restrict or limit further development of the natural resources of the mineral right, licence or pernit area or adjacent areas as well as put in place measures to prevent the pollution from occurring during operations, including by use of best available techniques and best environmental practices.
A holder of a mineral right, licence or permit or any person engaged in mining activities with or without a licence who pollutes the environment is strictly liable for any damage caused to human health or the environment, regardless of fault.
- Environmental and social impact assessment and environmental audits
This requires every holder of a mineral right, licence or permit to carry out an environmental and social impact assessment of his or her proposed operations in accordance with the National Environment Act, 2019 and to only commence his or her field operations after securing a certificate of approval of his or her proposed operations from the National Environment Management Authority and to carry out an annual environmental audit in accordance with the National Environment Act, 2019 and to keep records describing how far the operations conform to the approved environmental and social impact assessment.
- Environmental protection standards
This requires an applicant for a mineral right, licence or permit to submit to the Minister an environmental management and monitoring plan approved by the National Environment Management Authority indicating the type and quantity of wastes to be generated from any exploration, mining, processing, smelting or refining operations and the proposed methods of disposal. However, notwithstanding the above, a holder of a mineral right, licence or permit may exceed the standards and guidelines prescribed under the National Environment Act, 2019, where authorised by a pollution control licence issued under the National Environment Act, 2019.
- Decommissioning plan
A holder of a mineral right, licence or permit who intends to close or abandon the mine or operation or a major part of the mine or to decommission a facility or processing plant is required to submit a decommissioning plan to the Minister before the mineral right, licence or permit expires or is surrendered; or before the use of a facility is terminated permanently.
Unless the Minister consents to or directs otherwise, the decommissioning plan should be submitted at the earliest four years, but at the latest twelve months before the beginning of the process of closing or abandoning the mine or operation or a major part of the mine or operation or before decommissioning a facility or processing plant.
OCCUPATIONAL SAFETY AND HEALTH
A holder of a mineral right, licence or permit must ensure that the mining operations and licenced activities are conducted in a manner that enables a high level of safety to be maintained and further developed in accordance with technological developments, best mining industry practices, the Occupational Health and Safety Act, 2006 and any other applicable written law. A holder of a mineral right, licence or permit is required to identify the hazards and evaluate the risks associated with any work performed in the course of mining operations or activities carried out under the mineral right, licence or permit which constitute a hazard to the health of persons employed for the purposes of that work and the steps that need to be taken to to ensure safety; and prevent the exposure of the persons to the hazards.
A holder of a mineral right, licence, or permit must also ensure that during operations, measures are put in place to secure the safety, health and welfare of all persons engaged in such operations in accordance with the Act, the Occupational Safety and Health Act, 2006 and any other applicable written law and the generally accepted practices in the international mining industry.
Additionally, the law prohibits employment or in any way use of a person under fourteen years in a mine, or in any other work-site including non-formal settings and agriculture, where work conditions may be considered hazardous to the child and that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development. In any proceedings where the age of the child is in issue, the burden of proving that it was reasonable to believe, after investigation, that the child was not underage for the purposes shall lie on the person employing or procuring the child for employment.
The law also prohibits use of indentured workers or other forms of forced labour, including unregulated use of prison labour; or undocumented workers, migrant workers, or any other person without an appropriate work permit. A person who contravenes this requirement commits an offence and is liable on conviction to a fine not exceeding ten thousand currency points or imprisonment not exceeding seven years or both.
A holder of a mineral right is also required to draw up work place regulations to ensure the hygiene and safety of workers, plants and inventories, have insurance coverage to cover risks including third party liability, occupational accidents suffered by personnel on the mining site, and health insurance for all employees before start of operations. The holder should also ensure presence of changing rooms with separate provisions for males and females, adequate provision of portable water, facilities for storage and consumption of food; sufficient and suitable toilets and urinals for the use of the employees.
