Balancing Resource Extraction and Environmental Protection

Rutendo Manhimanzi

The intersection of environmental law and mining is a vital area of focus, as the extraction of natural resources can have profound impacts on the environment and human health. Effective environmental regulation is crucial to balance the economic benefits of mining with the need to protect ecosystems, communities, and future generations. This requires an understanding of the complex relationships between mining activities, environmental law, and sustainable development. International Environmental Law (IEL) is a discipline that aims at the involvement of the whole world in the protection of a common good which is our environment. The goal is to help individuals and communities defend the environment and the fundamental human rights that depend on it.

Zimbabwe’s environmental and mining sectors are governed by several key laws

Environmental Management Act [Chapter 20:27]: Administered by the Environmental Management Agency (EMA), this act provides a comprehensive framework for environmental protection, including pollution control, conservation, and environmental impact assessments (EIAs).

Mines and Minerals Act [Chapter 21:05]: This act governs the prospecting, exploration, and mining of mineral resources. It outlines the rights and obligations of miners, licensing procedures, and penalties for illegal mining.

Forest Act, Water Act, and Parks and Wildlife Act: These provide additional protection for natural ecosystems and biodiversity, especially in areas affected by mining.

Key Issues and Challenge

Environmental Degradation

Unsustainable mining practices have led to deforestation, water pollution, land degradation, and loss of biodiversity, particularly in gold and diamond mining areas.

In Zimbabwe, mining plays a pivotal role in the economy but subsequently it also causes substantial environmental impact. It is thus critical for mining companies to acknowledge and fulfill their legal and ethical obligation to protect the environment. To operate responsibly and sustainably, mining companies ought to take the following actions:

Conduct Environmental Impact Assessments (EIAs)

Before starting any mining operation, companies must carry out an Environmental Impact Assessment, as required by the Environmental Management Act [Chapter 20:27]. This ensures they identify and mitigate potential environmental risks. This is critical in order to balance economic development with environmental protection to meet present and future needs.  EIAs also gives a voice to potentially affected communities and stakeholders to contribute to the project planning process thereby fostering transparency and accountability. It further ensures legal compliance with domestic and international environmental laws.

Obtain Environmental Permits

Mining companies must obtain necessary environmental licenses from the Environmental Management Agency (EMA). Their main purpose is to ensure that mining activities are conducted in compliance with the environmental laws and responsibly. These permits regulate waste disposal, water use, air emissions, and other environmentally sensitive activities. This allows EMA to continuously monitor compliance, conduct inspections, enforce penalties, cause closure of operations or legal action where necessary.

Implement Environmental Management Plans (EMPs)

Based on EIA results, companies are required to develop and follow Environmental Management Plans, which outline how the mining project will operate. The plan must provide specific measures to avoid or minimize environmental damage during operations.

Practice Sustainable Land Use

Companies should limit land degradation through;

• Minimizing vegetation clearing,
• Using responsible blasting techniques,
• Ensuring proper waste disposal and
• Avoiding mining in ecologically sensitive areas like forests, wetlands and conservation zones.
• Collaborate with local authorities, traditional leaders to plan land use and community development needs.

Manage Waste Responsibly

They must safely handle:

• Use lined tailings dams and secure storage areas to prevent leaching of toxic substances (waste from mineral processing) into the soil.
• Use water efficiently and recycle it where possible and prevent waterlogging and salinization of land from poor water management.
• Water runoff, which should be treated before discharge to prevent water pollution.
• Abandoned mining operations can potentially leach iron and other chemicals such as copper, lead and mercury into nearby waterbodies, thereby endangering surrounding communities that rely on these water sources.

Rehabilitate Mined Land

After mining operations end, companies are required to rehabilitate the land    by:

• Refilling open pits
• Reforestation
• Restoring natural habitats. This is essential for returning the land to productive or natural use.

Monitor and Report Environmental Performance

Regular environmental monitoring is required to assess air, water, and soil quality. Mining companies must continuously monitor conditions of the land and surrounding ecosystems and act accordingly to maintain it. Companies must submit reports to EMA to ensure ongoing compliance with environmental laws.

Engagement with Affected Communities

Mining firms must consult and work with local communities about environmental risks and involve them in decision-making, particularly in areas where mining affects agriculture, water sources, or health.

Comply with International Standards

Apart from local laws, companies are encouraged to follow international best practices.

Protecting the environment is not only a legal obligation but also a social responsibility for mining companies. Through strict adherence to environmental laws, transparent practices, and sustainable operations, companies can reduce their ecological footprint and contribute to long-term national development.

Illegal Mining (Makorokoza):

Illegal mining, often referred to as “makorokoza” in Zimbabwe, is the unregulated, informal extraction of minerals, particularly gold, by individuals or small groups operating without government licenses. Most of them operate in abandoned mines or new claims. While it provides a source of income for thousands of Zimbabweans, it also poses serious legal, environmental, economic, and social challenges. Informal and unregulated mining is widespread and is often difficult to regulate.

Makorokoza activities often result in environmental damage, deforestation, river siltation, land degradation and water pollution from mercury and other chemicals used in gold processing. Further it results in loss of government revenue as gold is often sold illegally, bypassing official markets and depriving the state of taxes and royalties. Social conflict and violent disputes over mining claims have led to turf wars and violent clashes increasing crime and illegal weapon use in mining areas.

The government has initiated programs to register and formalize artisanal miners under the Zimbabwe Miners Federation. Fidelity Gold Refinery has expanded buying centers to encourage legal gold trade. However, many challenges are still being faced in accessing mining claims, cost of registration, monetary funding for mining equipment and adequate training on the use of same.

Police and military operations occasionally targeting illegal miners have often bordered on human rights abuses as this is a source of livelihood. Makorokoza reflect both the resilience and desperation of Zimbabwe’s informal economy. While illegal mining poses serious risks, it also highlights the need for inclusive economic policies, accessible licensing, and sustainable livelihood alternatives. A balanced approach that combines regulation, support for small-scale miners, and environmental protection is key to transforming this sector into a legal and productive contributor to national development.

Weak Enforcement:

Although the laws are comprehensive, enforcement is often hindered by allegations of corruption, there is lack of resources, and limited coordination among agencies.

Community Rights:

In many cases, communities around mining operations are often displaced or affected without adequate consultation or compensation raising human rights and environmental justice concerns. Mining entities have a social-corporate responsibility towards the communities in which they conduct business through supporting schools, hospitals, and other essential services.

Climate Impact:

Mining contributes to greenhouse gas emissions and vulnerability to climate change, yet environmental laws are still adapting to address climate resilience.

Conclusion

Environmental and mining law in Zimbabwe sits at the intersection of economic necessity and environmental responsibility. While the legal frameworks exist, their success depends on effective enforcement, public participation, and a commitment to sustainable development. Strengthening these laws and institutions is essential for protecting the country’s natural heritage for future generations. Even after decommissioning, some mines continue to impact the environment. Acid mine drainage usually occurs after mines have been abandoned, and this results in heavy metals infiltrating into water systems and harming the plants, animals and humans that consume it. There are various international statues and events that endeavor to advocate for environmental protection. The Stockholm Convention Principle 21, confirmed one of the cornerstones of IEL, being sovereignty over natural resources of states. Each state has a right to utilize and manage their natural resources according to their national policies. However, the member states also have a duty to prevent environmental harm. The responsibility of states is to prevent their activities from causing environmental damage to other states or areas beyond their jurisdiction. The Declaration also established the Principle of Cooperation, which is crucial in the further development of IEL, by recognizing that countries should unite their efforts to meet the global challenges of our shared environment.

World Environment Day is the biggest international day for the environment, observed annually on June 5. The thrust is to unite millions of people across the globe with a mission to safeguard and restore our planet. Likewise, governments, businesses, communities and individuals must strive for sustainable development. Further, Earth Day is an annual event held on April 22 aimed at advocating environmental protection. Therefore, it is critical that mining is conducted in a sustainable manner that takes cognizance of the environmental laws whose end goal is to achieve a sustainable environment for the present and future generations.

Rutendo Manhimanzi is a registered Legal Practitioner, and she practices in Avondale, Harare under the Law Firm Ruzvidzo Legal Counsel. She can be reached on +263 773 589 263 or email rmanhimanzi@yahoo.com