1. Introduction to the Mining and Biodiversity Guidelines

2. Background Initiated by SAMBF (via the Chamber) in 2009
Initial guideline produced in 2011
Biodiversity viewed in terms of individual components
Quantifies mining activities and associated impacts
Focuses on MPRDA application and management process
Emphasis on mitigation and rehabilitation
DEA initiated a review/redrafting
Formal launch 22 May 2013

3. Guideline Focus
A need to guide where and how mining takes place within the biodiversity context
Viewing mining as a landuse and economic activity
Landscape context
Ecosystem services focus
Downstream impacts
Induced impacts
Best practice to achieve this goal, regardless of regulatory process in question.
but it is framed in terms of the MPRDA and NEMA authorisation and management processes as a point of reference.
Written so it doesn’t matter what legislation applies
Guideline has broad application, dealing with underlying principles that are relevant
About the impact on biodiversity, regardeless of the regulatory process (NWA or DEA)
About the content rather than the process
Advocates sticking to the process

4. Everyone has the right to have the environment protected through reasonable laws or other means that
Prevent ecological degradation
Promote biodiversity conservation
Secure ecologically sustainable development while promoting justifiable economic and social development
…the disturbance of ecosystems and loss of biological
diversity are avoided, or, where they cannot be altogether
avoided, are minimised and remedied;
that negative impacts on the environment …be anticipated and prevented,… minimised and remedied.
The participation of all I&APs in environmental governance must be promoted,
NEMA s2, Principles

5. Intended users
Mining companies’ strategic planning, exploration, development, closure, and mine management teams
National government officials of DMR, DEA and DWA
Provincial government officials of Environmental Affairs, Water Affairs and conservation authorities
Environmental assessment practitioners (EAP) and Environmental Control Officers (ECO)

6. Guiding principles Apply the law
Use the best available biodiversity information
Engage stakeholders thoroughly
Use best practice in IEM to identify, assess and evaluate impacts on biodiversity
Apply the mitigation hierarchy when planning any mining-related activities and develop robust EMPs.
Ensure effective implementation of EMPs, including adaptive management.

7. Critical question
How can we strategically integrate biodiversity issues into all stages of the mining cycle to ensure that:
Impacts of mining on biodiversity (and its associated ecosystem services) are reduced and within acceptable limits.
Mining, which is critical part of SA national economy and ++ for social/economic upliftment, is not unnecessarily constrained by biodiversity related regulatory processes.

8. Main elements of the guideline
‘If everything is important then nothing is important’.

9. Best available biodiversity info
Need to be clear about which areas are most important and why
Not all areas are equal
Biodiversity priority areas and their categorisation
Legally protected and important areas
Threatened biodiversity
BD feature Representation and persistence
Ecosystem services
Ecotourism
Climate change adaptation
Impact Assessment: Mitigation Hierarchy

10. Systematic biodiversity planning
pattern
WHAT?
Ecological
processes
HOW MUCH?
WHERE?

11. Biodiversity Priority Areas

12. Areas Sensitive to Mining

13. Biodiversity priority areas Implications for mining
Category
Biodiversity priority areas
Implications for mining
Legally protected-mining prohibited
Protected areas (including National Parks, Nature Reserves, World Heritage Sites, Protected Environments, Provincial Nature Reserves)
Areas declared as such under Section 49 of the Mineral Resources Act
Mining is legally prohibited as the land is:
Protected in terms of the Protected Areas Act
identified by the Minister of Mineral Resources in terms of S49 of the Mineral Resources Act
Highest biodiversity importance- Highest Risk for Mining
CR and EN ecosystems
Critical Biodiversity Areas (or equivalent areas) from provincial conservation plans
River and wetland Freshwater Ecosystem Priority Areas (FEPAs), and 1km buffer of river and wetland FEPAs
Ramsar Sites
The significance of the biodiversity features in these areas and the associated ecosystem services (e.g. water flow regulation and water provisioning) are, if they have been correctly identified, very likely to prove to be fatal flaws for mining because these areas are necessary to ensure protection of biodiversity, environmental sustainability, and human well-being.
High biodiversity importance- High risk for mining
Protected area buffers (including buffers around National Parks, World Heritage Sites, and Provincial Nature Reserves)
Transfrontier Conservation Areas (remaining areas outside of formally proclaimed protected areas)
Other identified priorities from provincial conservation plans
High water yield areas
Coastal Protection Zone
Estuarine functional zone
Mining options are limited in these areas of high biodiversity importance, and fatal flaws for mining projects are possible.
Moderate biodiversity importance – Moderate risk to mining
Ecological support areas
Vulnerable ecosystems
Focus areas for protected area expansion (land-based and offshore protection)
These areas of moderate biodiversity value may constrain mining options, but are unlikely to represent a fatal flaw for mining.

14. Mitigation Hierarchy
Mitigation hierarchy provides clear approach for avoiding impact
(and thereby business risk)

15. Managing business risk
Good business practice and reduced risk in avoiding significant impacts on biodiversity and ecosystem services.
Figure 2. Business risk radar for risks facing mining and metals sector in 2011 and into 2012 presents the top 10 global business risks, with those closest to the centre posing the greatest challenges to the mining and metals sector. Social licence to operate (SLTO) is the fourth most significant risk, up from Source: Ernst and Young report on Business risks facing mining and metals from 2011 to 2012.

16. Making NEMA principles ‘real’ for each stage of the mining cycle
Description of stage in life cycle
Potential impacts on biodiversity
Assessing and mitigating impacts
Legal requirements
Best available info
Stakeholder engagement

17. Discussion / Question