When Mines Break Environmental Laws: How to Use Criminal Prosecution to Enforce Environmental Rights
Civil society, community based organisations, communities and individuals have a critical role to play in the enforcement and monitoring of environmental violations by mining companies. One of the key tools available to these affected parties is the reporting of criminal activities by mining companies. The Centre’s guide When Mines Break Environmental Laws: How to Use Criminal Prosecution to Enforce Environmental Rights is an accessible, easy-to-use guide to the criminal process, and comes with a schedule of criminal offences potentially applicable to mining activities (which will be updated from time to time). In publishing and distributing this guide, the Centre hopes to empower communities and other affected parties to hold mining companies that operate in criminal contravention of the law, who operate without water use licences or environmental authorisations or in non-compliance with their environmental management plans and social and labour plans, to account and to ensure their rights and interests are protected.
Download the booklet and schedules here:
- When Mines Break Environmental Laws: How to Use Criminal Prosecution to Enforce Environmental Rights
- Schedules: Offences and Penalties
If you would like a hardcopy of the guide, please email mining@cer.org.za.
Interview: Environmental considerations need to be mainstreamed
University of the Witwatersrand School of Law associated professor Tumai Murombo discusses environmental legislation within the mining industry. From polity.org.za, 4 May 2012
Legislation and law reform
- Mineral and Petroleum Resources Development Act, 2002 (including regulations, notices and delegations)
- National Water Act, 1998 and Regulations on Use of Water for Mining and Related Activities Aimed at the Protection of Water Resources
- National Environmental Management Act, 1998 and regulations
- National Environmental Management Amendment Act, 2008 (Act 62 of 2008)
- Mineral and Petroleum Resources Development Amendment Act, 2008 (Act 49 of 2008) (not yet commenced)
- Correspondence between CER and Minister of Mineral Resources re review of MPRDA, February to September 2011
- Media Release: NGOs call on Minister to bring end to separate, inferior environmental rules for mines, 6 April 2011
Guidelines
- DMR Prospecting Right Guideline
- DMR Mining Right Guideline
- DMR Financial Provision Guideline
- DMR Social and Labour Plan Guideline
Environmental Law Alliance Worldwide, July 2010 “Guidebook for Evaluating Mining Project EIAs” (1st Ed)”
- Table of Contents
- Acknowledgments and Introduction
- Chapter 1: Overview of Mining and its Impacts
- Chapter 2: Overview of the EIA Process
- Chapter 3: Reviewing a Typical EIA for a Mining Project
- Chapter 4: How to be an Effective Participant in the EIA Process
- Glossary
- References
- Appendix: EIA Review Checklist
Toolkits
Reports
- Bjureby, E. et al. 2011. “The True Cost of Coal: How people and the planet are paying the price for the world’s dirtiest fuel“. Greenpeace.