saexwent Nome No. 403 published on $/11/2010 THE MINING (ENVIRONMENTAL PROTECTION FOR SMALL SCALE MINING) REGULATIONS, 2010 ARRANGEMENT OF REGULATIONS Title PART I PRELIMINARY PROVISIONS 2. Interpretation PART il ENVIRONMENTAL, PROTECTION PLAN 3. Baseline enviroumental investigation and social study, Environmental audit of existing workings. Review of EPP, PART IIL ENVIRONMENTAL StaNDARDS 6. Limitation of discharge of pollution, ~. Action on the unauthorized. 8. No cyanidle reacting, Breach of regulations and penaltiesPART IV 10. Settling ponds. 11. No vegetation clearing 12. Use of a retort 13, Abandoned working to be backfilled or fenced 14. Tailings disposal 15, Children not to be employed 16, Pit latrine tw be constructed 17. Protective pears to be used PARE V Mostivitss 8. Monitoring compliance with environmental requirements, 19. Remedies. 40, Revoeation,LIE. MINING (ENVIRONMENTAL PROTECTION FOR SMALL SCALE MINING) REGULATIONS, 2010) REGULATIONS Mace umer svetion } Iu these Reaulations unless the context otherwise requires Act ‘en ironmental Protection plan” means a plan to mitigate the en iron Environmental Protection Ph ations may be cited as the the Mining (EnvironmentPART II ExvenoyMentat PROTECTION PLAN Sachin 3. (1) Ahold jon and social heritage sites, sitions, concliet baseline environmental invest stucly with regard to human went, burial sites. cultura water, vegetation. ani f xd submit a report reyarding the nvironmental Protection Plan to mitigate Sica!” otitcome of the investigation and vironmental effeets to be cari cl by mining operations in the licenced area, as outlined in the Schedule to these Regulations, (2) The baseline environmental investigation and sovial study report and EPP shall be submit ced to the respective Zonal Mines Officer within four months fiom the date of the grant of the Pr nary Mining Licence. (3) The Zonal Mines C receipt of appli shall, within a period of two months. of ation approve the EPP and authorise in wri the holder of primary mining licence to commence mining operations within the (4) Wh the Zonal Mines Officer is not satisfied with the submitted baseline env ironmental ir cestigation and social study report or EPP shall ting the hold improve the repost or EPP within ‘of a primary mining licence 10 period specified in the notive (5) Failure to submit baseline environmental inve study report or EPP as required under sub: ation and sieial tion (1) oF (4) s! render a holder of licence in default under these Regulations. vino I.-{1) Every holder of a primary mining licence whose licence was issued prior to the commencement of these regulation shall be required to conduct an environmental audit and prepare EPP and submit to th kins Zonal Mines Officer for approval, (2) The procedure described in sub-regulations (3).'(4) and (3) of ulations 3 shall apply for approval made undler sub-regulation (1 5-41) Where itappears that the seale of mining operations ha rf significantly. the licensing authority shall require the holder of a licence to review the EPP and submit an updated EPP fer approval. and shi). (4) and (5) 01 hhe procedure deseriby ub-reyulatic ie proced scribed in sub-reyulations ( ulations 3 shall apply for approval ma al PART U1 NVIRONMENTAL STANDARDS w 6-(1) A Lieensee, or manager oragent ofthe licensee, shall not knowingly i z ause or permit any discharge. eposit or emission of liquid, slid, gaseous tn of 1 particulate material, or noise or vibration, fron:a mine. as defined inthe stn Act into the environment which will eause pollution, except ate " f 1) inthe case ofa liquid effluent, in accordance with an authorization Ast Nos jssed by the Water Officer he Water Resources }!° Management Act: and oe (b) in avcorclance with standards published under the Standards Act nthe event of any unauthorised discharge. deposit. or emission, Action» the licensing authority may directthe holder of mining icence to implement 4 programme of action within a specified period. and to observe certain conditions during sueh period, in order to prevent any further occurrenee of unauthorised pollution, 8. A holder of a primary mining licence shall not use cyanide for No licaching process without the written approval ofthe Chief Inspector, Crane ' : teal 9. Any person who contravenes Regulations 7 or 8 commnitsan offence — Breashot and shall be fiahle on convietion toa fine not execeding one million shitlinys "= (or to imprisonment for a term not exceeding six months oF to both, ted f vo " 2 penalties PART IV Reciamation AND OTHER REOUIREMENS 10-41) The holder of a primary mining licence shall ensure washing | Sti 2 ponds are constructed mining area to provide for washing and ata distance of fifty me (30m) from rivers, streams or any other wi (2) Where a settling pond is used as part of the mine drainage system, s discharging into the river system must be through a culvert chang the slopes of which are protected from erosion. 5i (Environmental Protection for Small Seale Miningy I. Clearance of vegetation shall not be undertaken within twenty nnetres (20m) from any stream or river bank W 12. The holder ofa primary mini: sotd and meroury (amalgam) to recover the gold without using g licence shall not heat a mixtui 13, A holder of «primary mining development of new work! sin a mining area without backtilling and re-vegetating of fencing the abandoned previous workings developed b himiself or his ages to the safisfaction of the inspector 14, The holder of a primary mini are disposed of at a proper place in s licence shall ensure that tailings mann approved by the inspector 15, A holder of a primary mining, licence shall not eause ehildren under the age of eighteen (18) to be employed or be en: or processing operations mini 16. A holder of primary mining licence shall ensure that pit latrines a constructed and maintained at a distance of not less than wie hundred metres inland trom any watersouree other than ponds. 17. A holder of primary. mining licence shall ensure that each employee » provided with protective wears and no person shall handle any to substance without using appropriate protective wears PART V Mortons 18, An authorised officer may, at any time, ent whieh a primary mining licence h monitoring is been granted for the purpose of he effects upon the environment of any abtivities carried outandred Mining (Environmental Protection for Sma ie Mining) 1941) Where, the results of monitoring indicate non compl ‘sth the EPP orang condition of these regulations, the holder of primary nina figennce may be required (a) tw take all reasonable measures to mitigate the impact of such non compliance and report such measures to the Zonal Mines Onlicet: oF tw pay a fine not exceeding one hundeed thousand shillings For authorised officer for such now compliance 20. The Mining (Lavironmental Management and Protection) —& Regulations. 1999 are hereby revorked. i ans SeHEDULES CONTENT OF ENVIRONMENTAL PROTECTION PLAN LAX asian (29 toformation piven pursuant 0 sub-paragraph (1) shal ove al 7 re fe Peed sia hi i foe{ator ifemation necessity 10 evalmte the existing eoviroument an ° rte wrding te ladon : etre al ownership b tts and local communi sits haa a fo) sun und ate: 1) cuhune heritages ant (2) landscape ad sisal character, ‘Ap assensnent ofthe likey significant effets of the minewn the environment by ere 8 he dato information seer to in parngraph 2 Sinica adverse feet ae deste with panda ay othe eater erved tin parnerayh 2 and 3. a deserption uf Ue measues inne Jesiga of the proposed mine ts veri. minimize ve ects Salaam, Hox. Wiis M. Nein (MP), fe 13" October, 2010 Minister for Energr ane Minerals