|
MINERAL POLICY - Section 4 : Sustainable Development |
Section 4 - Sustainable Development Policy
General Principles
| 4.1 |
Government's main aim for the mineral sector is to ensure that
developments proceed in a sustainable manner. Sustainable mineral sector projects are
those that effectively incorporate community participation during the corporate
decision-making process, that ensure an equitable distribution of the benefits arising
from mine developments, and that, having carefully assessed the socio-environmental
impacts, minimise these impacts. |
|
|
| 4.2 |
Government sets environmental policies at two levels; the Department of
the Environment coordinates the formulation and implementation of national policies, while
MRD, as the main regulating agency for the mineral sector, sets complementary mineral
sector policies. |
|
|
| 4.3 |
For the purposes of the on-going monitoring/compliance programs, Fiji
adopts a pragmatic policy towards compliance with acceptable socio-environmental standards
and pollution abatement technology. Government places more emphasis on mining companies
complying with agreed emission levels, than with the methods of abatement to achieve
compliance. This then provides investors the flexibility to choose measures which will
reduce pollution levels in the most cost effective manner, subject to Government approval. |
|
|
| 4.4 |
Government promotes a self-regulatory approach to environmental
monitoring. While the Government formulates and sets socio-environmental standards, it
undertakes to work with the mining industry to develop codes of practice that will enable
the mining industry to meet or exceed such standards. |
|
|
| 4.5 |
Government recognises and enforces the polluter-pays-principle. The
developer will be liable to pay compensation to any person or community whose lifestyle or
income is adversely affected by the socio-environmental impacts of the mine. In addition,
the developer is responsible for all costs associated with mitigation and rehabilitation
activities as required, from initial exploration to post-closure of mining activity. |
|
|
| 4.6 |
Government requires that mining companies take precautionary measures to
prevent or minimise negative socio-environmental impacts of mining. In instances where
there is a significant risk of serious or irreversible damage, or an element of scientific
or technical uncertainty exists regarding elements of mine development, Government then
expects that precautionary abatement/mitigation measures be taken. Where such measures are
required they will be expected to address the worst case scenario. |
|
|
Specific Policies
| 4.7 |
Government recognises the economic contribution of mineral sector
developments to national growth, but also accepts that mineral sector developments have
socio-environmental impacts. Government will ensure that only those developments which
have a net benefit in terms of total costs and benefits (including economic, social and
environmental costs and benefits) proceed. |
|
|
| 4.8 |
The Dept. of the Environment (as the national environmental policy
formulating body) has established an environmental impact assessment process which
provides a framework for the assessment of all socio-environmental impacts of mining
projects. Developers are required to submit all information/assessments as required by
this process to the Mineral Resources Department (as the primary regulating agency for the
mineral sector). |
|
|
| 4.9 |
Developers are expected to identify anticipated impacts and suggest
methods of compliance with acceptable international standards for mine-related
environmental releases. They are also expected to provide technical justification for
their choice of environmental monitoring program, and for environmentally-sensitive
mine-design decisions. During the Environmental Impact Assessment process the developer
will recommend the necessary policies and measures to manage the socio-environmental
impacts of the project. The developer will meet the costs of any required audit of the
Environmental Impact Assessment document. |
|
|
| 4.10 |
The mining industry, in consultation with Government, will formulate an
environmental code of practice for its members, and will set acceptable environmental
standards. In addition, the industry will be required to devise a self-regulatory
mechanism to ensure that its members adhere to the codes of practice. This mechanism will
be reviewed by the Mineral Resources Department. All monitoring, to ensure compliance with
socio-environmental standards, will be undertaken by Government-accredited laboratories or
consultants. All costs of monitoring will be borne by the mining project developer. |
|
|
| 4.11 |
Developers are required to post a refundable bankers guarantee, as surety
of best practice. The amount of the bond will be determined by the MRD according to the
element of risk associated with the project. The full bond or a partial amount thereof may
be used to remedy unacceptable environmental impacts of the mining project, or may be used
as a penalty for late or non-remediation of remediable impacts identified during
Environmental Impact Assessment process. |
|
|
| 4.12 |
The developer will pay compensation to any person or community whose
well-being, environment, or income is adversely affected by the mining project. The level
of compensation will be determined by Government, in consultation with the mine developer
and the person or community entitled to such compensation, after considering the degree of
impact. Compensation is linked to the degree of impact, not to the value of the mineral. |
|
|
| 4.13 |
Wherever possible, mines are expected to rehabilitate progressively during
their operation. Government believes that, ultimately, this will reduce the total costs of
rehabilitation. In line with Government's adoption of the precautionary principle, and to
ensure that sufficient funds are available to complete rehabilitation at mine closure, the
mining project developer will be expected to make contributions to a Mine Closure and
Rehabilitation Fund. The parameters and objectives of this fund will be established as
part of the comprehensive Development Agreement, prior to mine construction. Contributions
to the fund can be flexibly organised to reflect debt repayment or cyclical factors but
the fund must represent a good faith effort by project sponsors to make financial
provision for the maintenance or restoration of the mining area after the cessation of
mining. The final state will be ascertained from the outset, and the repaired state will
be subject to an impartial assessment, to ensure that it meets final state specifications. |
|
|
|