Heads they win, tailings we lose?
A concept note for our 26-27 June 2024 Workshop
Hassen Logart
This two day workshop is essentially about standards on tailings and mine waste, but history and context is important as they explain why better and more inclusive standards are needed.
The dictionary defines tailings as:
the residue of something, especially ore.
“tailings from the mine may contaminate local waterways”
Working with civil society the aim of the workshop is to focus on: communities and in process hope to mobilise legal and technical professionals who will hopefully assist us in pressuring regulators to fulfil their mandate which includes monitoring and educating citizens about the dangers that they may assist in the event of failures.
Background
Mining or mine waste one would be forgiven to think that it belongs in the same place like a horse and cart. But that is not the case. Mining is regulated by one law and tailings as you will see far too many, We are celebrating 30 years of our democracy but how many will remember that in February just two months before our historic elections in 1994, South Africa experienced according to formal records there were at least 3 tailings disasters in the last 30 years in South Africa which I will discuss below. This the reader can exclude and jump further to the global standards but it does suggest that it is critical for activists to obtain roots and understanding as we campaign for higher standards in the management of tailings and mine waste.
Merriespruit tailings dam disaster. It occurred on the night of 22 February 1994 when a tailings dam failed and flooded the suburb of Merriespruit, Virginia, Free State, South Africa. Harmony Gold Mines was the order when a dam wall breach resulted after heavy rain and tailings waste travelled 4 km downstream resulting in 17 people being killed , extensive damage to residential township
A significant reform took place after this through the introduction of Code of Practice for Mine Residue Deposits published by the South African Bureau of Standards in 1998 now known as SABS 0286:1998 (later renamed to SANS 10286). This standard contains some principles and minimum standards for best practice. The standard excludes environmental issues or health and safety concerns of tailings storage, “but places more focus on the need for management throughout the life cycle of a TMF. The standard was initiated primarily to address safety concerns relating to structural failure of a TMF and how to prevent this from occurring.”
In between we had the Zululand Anthracite Colliery which for various unknown reasons the mainstream press did not even regard as a tailings disaster. It happened on December 24, 2021 in Ulundi, in the province of KwaZulu-Natal, South Africa. The company at fault was the Zululand Anthracite Colliery (Menar group external link) when an anthracite coal slurry dam failed resulting in liquid running into the Black Umfolozi and White Umfolozi River system, flowing through rural communities and the Hluhluwe-iMfolozi and iSimangaliso wildlife reserves, raising concern about the health of people, animals and the broader environment exposed to toxic and acidic wastes.
Jagersfontein
More recently on September 11, 2022, in the Free State Province, Jagersfontein a devastation took place that impacted communities, animal life and properties. 4 people were believed to have been killed. The culprit? Jagersfontein Developments (Pty) Ltd (then part of Superkolong Consortium) acquired the site in 2010 from De Beers ; in April 2022, Jagersfontein Developments (Pty) Ltd became part of Stargems Group based in Dubai; current ownership according to media reports, is disputed. By all accounts the site was also not effectively governed and accountability was lacking.
According to reports the mud wave travelled approx. 8.5 km, sweeping away and/or destroying 51 houses and affecting another 103, sweeping away cars, disrupting power lines. Newspaper reports further noted that three bodies have been found buried under mud with up to 40 people been taken to hospital after sustaining injuries, with four people have been confirmed to be missing. Other reports state that large numbers were injured (76) and over 300 people were displaced At least 500 animals have died.The mud then entered Wolwas Dam, then Proses spruit, a tributary to Rietrivier, which flows into Kalkfontein Dam, located in a Nature Reserve.
What is interesting about that participants must bear in mind that tailings and mine waste are a wider problem and are present in many countries on our continent and the wider world. The recent mine tailings disaster that took place at the British mining company Petra Diamonds’ Williamson mine in Tanzania has suffered a tailings dam breach, causing mining waste and water to spill into the surrounding areas. Thus it is critical that we see the problem as global and that our local organising connects with other groups in other countries.
We will also discuss in further workshops and campaigns how we may deal with the externalisation of costs by mining companies onto society. I particularly love the quote accredited to a potential republican senate candidate Robert Monks who is quoted in the book and the movie The Corporation. He said that “the corporation is an externalising machine (moving its operating costs and risks to external organisations and people), in the same way that a shark is a killing machine.” This could be said about the mining corporations which have been for a century and more been the dominant socio-economic and political power house in our country.
Returning to South Africa it is also important to note that the public got to learn first hand whether tailings constitute a mine or not . These legal uncertainties governing tailings are a matter of concern and must be addressed soon, if all human and animal life can be fully protected.
Further observation of these three disasters can be picked up: humans and animals die when tailings are not constructed and managed properly and democratically. Water supplies are compromised. The law managing tailings has to be simplified as they are unclear and too many which became evident when looking at the laws below.
A further observation is that there are far too many laws that are supposedly regulating tailings and tailings storage in the Republic of South Africa are as follows. Rationalising these must be done in a participatory democratic and inclusive manner – which we believe is sorely lacking. Before naming these laws, it is important to point out that strife and disasters have often played a role when public outcries have been immense to bring about the necessary reforms.
– The Water Act 1998
– The Minerals Act 1991
– The Mine Health and Safety Act 1996
– The Code of Practice for Mine Residue Deposits published by the South African Bureau of Standards in 1998
– The Guideline for the Compilation of a Mandatory Code of Practice on Mine Residue Deposits issued by the DME in 2000
– The Mining Residue Regulations (MRR) established by the Department of Environmental Affairs (DEA) in July 2015. It was established by the Department of Environmental Affairs (DEA) to control mine waste dumps, stockpiles and tailings storage.
These regulations and guidelines aim to ensure safe and responsible tailings management, covering various critical aspects that are aimed at protecting life and property. As we will show, these generally cover how these tailings are designed and built and how they are operated. In addition they touch on the environmental impact assessments and monitoring:
– Closure and rehabilitation plans
– Community engagement and risk management
– Emergency preparedness and response
This is an important sedgeway to talk about the Global Standard and Safety First. As indicated above the bosses have for years ignored the ever present danger that tailings posed. Until Brumadinho. In fact there were two other disasters before Brumadinho:
GLOBAL INDUSTRY STANDARDS ON TAILINGS MANAGEMENT
The workshop on 26 and 27 June will deal with two dominant standards. We will start with the Global Industry Standard on Tailings Management (the Standard) is spearheaded by the International Council on Mining and Metals – the ICMM- which was founded in 2001, as a CEO-led leadership body with the objective of “ improving sustainable development in the mining and metals industry.”
They assert that their ultimate goal is of zero harm to people and the environment. In addition, they promise that tailings must adhere to the principles of transparency, accountability and safeguarding the rights of project affected people.
Their standard comprises six topic areas, 15 principles and 77 auditable requirements, the Standard will ultimately be supported by implementation protocols that will provide detailed guidance for certification, or assurance as applicable, and for equivalence with other standards.
The Civil society response to the crisis of tailings management is called SAFETY FIRST: GUIDELINES FOR RESPONSIBLE MINE TAILINGS MANAGEMENT
The groups spearheading this response – which the Bench Marks Foundation signed onto many years ago, include Earthworks, MiningWatch – Canada and London Mining Network. They argued that the “current standards, the Global Industry Standard on Tailings Management released in 2020, do not go far enough to adequately protect communities and ecosystems from failures. The design, construction, operation and closure of tailings facilities require significant changes to protect people and the environment.
The safest tailings facility is the one that is not built.”
As a result the Safety First guidelines are premised on empowerment of communities and experts for the collective good. Democratic participation and voice power features prominently in the standards. Some of these are highlighted as 17 key principles which will be engaged with at the workshop. Here are some of the headings:
- Make safety the guiding principle with zero tolerance for human fatalities in design, construction, operation, and closure
- Ensure the consent of affected communities
- Ban new tailings facilities where inhabited areas are in the path of a tailings dam failure
- Ban upstream dams at new mines, and safely close existing upstream facilities
- Any potential loss of life is an extreme event and design must respond accordingly
- Mandate the use of Best Available Technologies, in particular for filtered tailings
- Implement rigorous controls for safety
- Ensure a detailed evaluation of the dam foundation and the tailings properties
- Appropriate monitoring systems must be in place to identify, disclose, and mitigate risks
- Ensure the independence of reviewers to promote safety
- Towards safer closure with no credible failure modes
- Address financial risks, including securities for site closure and proper insurances for accidental spills
- Grievance procedures and whistleblower protection
- Emergency preparedness and response
- Information regarding mine safety must be made publicly available
- Ensure access to independent technical assistance
- Accountability for risk, minimising the consequences of failure, preventing failure, and the consequences of failure must primarily rest with the board of directors
For editors and others interested
We have been trying to work on tailings over the last two years and the project now warrants more attention. For some of our past work, please visit:
CSOs 4 Tailings Justice 