River mining: planning guidelines for the management of ... · management of river mining in developing countries with particular reference ... for the control of sand and gravel

RIVER MINING:

PLANNING GUIDELINES

AllianceEnvironment & Planning Ltd

OFFICES AT: Alliance Environment & Planning Ltd Alliance Environment & Planning Ltd Alliance Environment & Planning Ltd 276 High Street 16 New Street 111 Hagley Road Guildford Stourport on Severn Edgbaston Surrey GU1 3JL Worcestershire DY13 8UW Birmingham B16 8LB Tel: 01483 579098 Tel: 01299 824871 Tel: 0121 452 5146

River Mining: planning guidelines for the management of river mining in developing

countries with particular reference to Jamaica Author:

Steven Fidgett Email: [email protected]

Alliance Environment & Planning Ltd

Bibliographic Reference: Fidgett, S. 2003. Planning guidelines for the management of river mining in developing countries with particular reference to Jamaica, Alliance Environment & Planning Ltd.

Keywords: River mining, aggregates, environment, sustainable development, land-use, codes of practice, Jamaica, Costa Rica.

Front Cover: Typical mountain and coastal terrain in St Andrew and St Thomas Parishes, Jamaica

Preface

Throughout the developing world river sand and gravel is widely exploited as aggregate for construction. Aggregate is often mined directly from the river channel as well as from floodplain and adjacent river terrace deposits. Depending on the geological setting, in-stream mining can create serious environmental impacts, particularly if the river being mined is erosional. The impacts of such mining on farmland, river stability, flood risk, road and bridge structures and ecology are typically severe. The environmental degradation may make it difficult to provide for the basic needs (water, food, fuelwood, communications) of communities naturally located in the river valleys.

Despite the importance of this extractive industry in most developing countries, the details of its economic and environmental geology are not fully understood and therefore do not adequately inform existing regulatory strategies. The main problem is therefore a need to strengthen the general approach to planning and managing these resources. Compounding the problem is the upsurge of illegal extractions along many river systems. There is therefore a need to foster public awareness and community stewardship of the resource.

The project ‘Effective Development of River Mining’ aims to provide effective mechanisms for the control of sand and gravel mining operations in order to protect local communities, to reduce environmental degradation and to facilitate long-term rational and sustainable use of the natural resource base. This project (Project R7814) has been funded by the UK’s Department for International Development (DFID) as part of their Knowledge and Research (KAR) programme. This programme constitutes a key element in the UK’s provision of aid and assistance to less developed nations. The project started in October 2000 and terminates late in 2004.

Specific objectives of the project include:

• Resource exploration and resource mapping at the project’s field study sites (Rio Minho and Yallahs rivers in Jamaica)

• Analysis of technical and economic issues in aggregate mining, particularly river mining

• Determination and evaluation of the environmental impacts of river mining

• Evaluation of social/community issues in the context of river mining

• Investigation of alternative land and marine aggregate resources

• Review of the regulatory and management framework dealing with river mining; establishment of guidelines for managing these resources and development of a code of practice for sustainable sand and gravel mining.

The ‘Effective Development of River Mining’ project is multidisciplinary, involving a team of UK specialists. It has been led by a team at the British Geological Survey comprising David Harrison, Andrew Bloodworth, Ellie Steadman, Steven Mathers and Andrew Farrant. The other UK-based collaborators are Professor Peter Scott and John Eyre from the Camborne School of Mines (University of Exeter), Dr Magnus Macfarlane and Dr Paul Mitchell from the Corporate Citizenship Unit at the University of Warwick, Steven Fidgett from Alliance Environment and Planning Ltd and Dr Jason

Weeks from WRc-NSF Ltd. The research project is generic and applicable to developing countries worldwide, but field studies of selected river systems have been carried out in Jamaica and review studies have been undertaken in Costa Rica. Key participants in these countries have included Carlton Baxter, Coy Roache and Larry Henry (Mines and Geology Division, Ministry of Land and Environment, Jamaica), Paul Manning (formerly Mines and Geology Division, Ministry of Land and Environment, Jamaica) and Fernando Alvarado (Instituto Costariccense de Electricidad, Costa Rica).

The authors would like to thank the many organisations in Jamaica and Costa Rica who have contributed to the project. In addition to the collection of data, many individuals have freely given their time and advice and provided the local knowledge so important to the field investigations.

This report forms one of a series of Technical Project Output Reports listed below:

• Geology and sand and gravel resources of the lower Rio Minho valley and Yallahs fan-delta, Jamaica, 2003. AR Farrant, SJ Mathers and DJ Harrison British Geological Survey.

• Aggregate production and supply in developing countries with particular reference to Jamaica, 2003. PW Scott, JM Eyre (Camborne School of Mines), DJ Harrison and EJ Steadman, British Geological Survey.

• Assessment of the ecological effects of river mining in the Rio Minho and Yallahs rivers, Jamaica, 2003. J Weeks, WRc-NSF Ltd.

• Scoping and assessment of the environmental and social impacts of river mining in Jamaica, 2003. M Macfarlane and P Mitchell, Warwick Business School, University of Warwick.

• Alternative sources of aggregates, 2003. DJ Harrison and EJ Steadman, British Geological Survey.

• Alluvial mining of aggregates in Costa Rica, 2003. Fernando Alvarado-Villalon (Costa Rican Institute of Electricity) DJ Harrison and EJ Steadman, British Geological Survey.

• Planning guidelines for management of river mining in developing countries with particular reference to Jamaica, 2003. S Fidgett, Alliance Environment and Planning Ltd.

Details of how to obtain these reports and more information about the ‘Effective Development of River Mining’ project can be obtained from contacting the Project Manager, David Harrison at the British Geological Survey, Keyworth, Nottingham, UK, email: [email protected]

CONTENTS

SUMMARY

PART ONE

1. Introduction 1.1 General

2. Overview 2.1 Levels of Response 2.2 The Importance of the Quarrying and Mining Industry

3. Administration 3.1 Introduction 3.2 Issues

4. Legal Basis 4.1 Introduction 4.2 Quarry Control Acts 4.3 Environmental Control 4.4 Town/Planning/Land-Use Zoning 4.5 Responsibility 4.6 Recommendations for Improvements in the Legislative Framework 4.7 License/Permission Ownership

5. Policy 5.1 Introduction 5.2 License/Permission Duration 5.3 Plan Marketing/Land-Use Zoning 5.4 Mapping 5.5 Policy Framework

6. System Operation

FIGURES

Figure 1 Model of Levels of Response

APPENDICES

Appendix 1 Summary of Existing Legislation in Jamaica Appendix 2 Examples of Existing License Application Forms Appendix 3 Format of Proposed License Application Forms Appendix 4 References

PART TWO

Code of Practice

SUMMARY

This report forms one of a series of Project Technical Reports that consider the environmental, economic and social impacts of river mining in developing countries, with a particular focus on Jamaica, as a case study for the issues that arise. River mining occurs in many developing countries principally to extract sand and gravel for use as aggregates in the construction industry. Other reports in this series consider in detail the availability of alternatives to sand and gravel extracted from the river channel, the economics of supply and demand and the social, ecological and environmental effects of river mining.

It is important to ensure an effective and consistent supply of sand and gravel to meet the needs of developing economies in order to support economic activity and the level of investment in the physical infrastructure, utilities and buildings required to raise living standards and social well being throughout developing countries. These quite literally are essential building blocks towards a healthy and growing economy that supports improved living standards.

At the same time it is equally essential to ensure that the provision of such minerals does not result in undue environmental or social degradation, such that harm to the population, biodiversity or the environment outweighs any benefits derived from such investment. The proper control of the environmental and other effects of river mining and quarrying activity more generally, is important in achieving improvements in living standards and quality of life. This report therefore, considers how sustainable development can best be promoted in the context of existing laws, administration and operation of river mining and what changes are required to achieve a more sustainable approach.

The report recommends that the most appropriate forms of regulation will be those that allow the operators of mines and quarries to invest in operations on a reasonably secure basis, to put in place proper operational and environmental infrastructure, and over a period of time that reflects the ability to make a reasonable return on the investment. This generally means granting permits or licenses for longer periods, but equally means that the level of attendant control exercised by the regulator needs to be carefully considered and individual mining monitored, with effective enforcement of license conditions where necessary to prevent or, where this fails, to remedy harm to the environment. It is clear that at present neither of these basic requirements are met.

In order to achieve practices that are more sustainable in the long term and deliver effective governance, the basic requirements of a system of control need to be in place. These include:

1. an effective legislative framework that allows the exercise of control over river mining and other forms of quarrying activity;

2. an administrative structure that gives clear responsibility and authority to the respective agencies involved in such regulation;

3. well informed policies and proposals for the development and control of river mining and other forms of land-use as part of an integrated approach to land-use and the environment;

4. a shared commitment to the effective operation of the system by government and other stakeholders.

It is recommended in this report that the effective control of river mining and other forms of quarrying should be based on a system that provides:

a) a clear and consistent form of forward planning, reconciling proposals for the existing and future use of land determined with reference to carefully considered social, economic and environmental priorities and objectives;

b) a system of permitting or licensing that requires a consistent level of information to be provided prior to individual decisions on applications to open a mine or quarry, measured against the policies and proposals set out in the forward planning context;

c) a commitment to effective monitoring and enforcement that is adequately resourced and informed of illegal mining or activity inconsistent with the license or permit.

To help with this process a typical license or permit application form is recommended that helps indicate a level of information that is the minimum reasonably necessary to help assess individual applications to develop a mine or quarry.

Actions to help address the environmental and social effects of river mining can be broken down into:

Pro-Active Technical Solutions – this deals with the determination of the best practicable means of undertaking the extraction, processing and restoration of mining or quarrying operations and is focused at the planning stage, prior to the granting of a permission or license.

Reactive Technical Solutions – this deals with the determination of the best practicable means of mitigating existing mining or quarrying operations, addressing extraction, processing and restoration. It is focused at the operational stage and during the review or reissue of any permission or license.

At a practical level, to support this approach, this report also takes the assessment of environmental and social issues identified in the accompanying research reports and sets out a Code of Practice that is intended as a guide to each of the potential issues raised by river mining activity, summarises its key characteristics and sets an objective and performance indicator to help guide the actions of both quarry operators and regulators on the ground.

PART ONE 1. INTRODUCTION

1.1 General

1.1.1 The River Mining project provides an analysis of current issues and proposes a series of recommendations for measures that aim to help the development of a more sustainable approach to river mining in countries where the regulatory infrastructure has not led to the adequate control of the effects of sand and gravel mining activity. Typically such activity has led to widespread problems of river channel erosion, undermining of essential infrastructure, environmental degradation and social impacts.

1.1.2 The aim of the project is to enhance the existing and future operation of river mining activity such that there is full control of the effects of river mining on the environment and community.

1.1.3 There are two underlying objectives:

• to provide for the continued supply of sand and gravel to meet aggregate demand and hence support the economy; and

• to ensure that the proper degree of control exists and which provides effective protection of the environment, other economic activity and living standards.

1.1.4 From these objectives, the project had a specific requirement to:

• Review the regulatory and management framework dealing with river mining; establishment of guidelines for managing these resources and the development of a Code of Practice for sustainable river mining.

1.1.5 This report meets this requirement and forms one of a series of Project Technical Reports that consider a wide range of issues relevant to the consideration of river mining, its role in meeting the needs of the economy for construction materials and the impact that current practices have on the environment, on communities and other economic activity.

1.1.6 This report provides a review of the administrative, legal, environmental and other issues arising from river mining activity. The study looked in detail at practice in Jamaica but seeks to establish principles that can be more widely applied. It is structured in two parts.

1.1.7 Part One of this report provides an overview of the administrative, legal and policy issues and makes recommendations for these areas which are primarily concerned with the process of both control and development.

1.1.8 Part Two sets out a Code of Practice that provides advice and guidance for the planning, monitoring and control of river mining activity. This is intended to be of practical application in both existing situations, where quarries exist already, and in the planning and consideration of proposals for either new quarry operations or the renewal or extension of existing operations.

1.1.9 The recommendations of the report follow from an analysis of the levels of influence and intervention that affect the overall control of mining and quarrying activity. Each of the key recommendations is shown in bold italic type.

2. OVERVIEW

2.1 Levels of Response

2.1.1 There are four basic levels of action that can be taken, or levels of intervention, that are described below and shown in representative model form in Figure 1, representing:

Policy and Administration – This deals with the structures of government, the department structure, the administrative responsibilities, the laws available and the overall administrative regime that controls are exercised through.

Planning and Land-use – This deals with the actual process of land-use and the control of development. It is concerned with two levels of activity

(a) setting a clear policy framework on which land-use decisions can be based, the principles of where mineral working should or should not take place and the issues to be considered in making individual decisions; and

(b) the making of individual decisions over specific applications for permission/licenses to extract and process minerals.

Pro-Active Technical Solutions – this deals with the determination of the best practicable means of undertaking the extraction, processing and restoration of mining or quarrying operations and is focused at the planning stage, prior to the granting of a permission or license.

Reactive Technical Solutions – this deals with the determination of the best practicable means of mitigating existing mining or quarrying operations, addressing extraction, processing and restoration. It is focused at the operational stage and during the review or reissue of any permission or license.

2.1.2 These have been used in framing the recommendations of this research. At each level, an awareness or more detailed understanding of the environmental, social and economic effects of mining and quarrying activity is essential.

2.1.3 It is worthy of note that the parallel report (Macfarlane and Mitchell, 2003) forming part of this research concluded:

“…… while by definition any unlicensed operator will be running an illegal operation, it has also been demonstrated that licensed operators may undertake illegal operations, although the potential for this diminishes from small/medium-scale to large-scale. This should not be taken to imply that large-scale operations will be in compliance with environmental and social

regulations, but rather that the potential risk of them operating outside their licensed area is lower. However, this partly relies on an assumption that appropriate existing regulation, the effective enforcement of that regulation, and consistent and regular monitoring are managed by well-resourced government agencies with comprehensively trained staff. This assumption does not appear particularly robust in the Jamaican context for a number of reasons. The first, though probably least significant, reason relates to the existence of appropriate regulation.

Monitoring and enforcement are undermined by regulatory inconsistencies and a lack of clarity regarding responsibilities and strategic priorities among and between government departments. As a result, responsibility for the monitoring of social and environmental impacts and the enforcement of mitigation and enhancement measures are falling between the various governmental departments. For instance, dust monitoring is the responsibility of Mines and Geology, NEPA and Department of Health and yet there is no co-ordinated monitoring programme between them. Legislative inconsistencies compound the problem of agency co-ordination. While NEPA has the legal right to demand an environmental impact assessment, there are conflicts and gaps between the NRC Act, Mining Act and Quarries Control Act.

There is, therefore, a need to synthesise the legislation and develop a memorandum of understanding between departments regarding monitoring and enforcement responsibilities. In this, the collaborative efforts of the NRCA, the Environmental Warden Services of the Ministry of Environment and Housing, the National Security Force and the Judicial System will be critical. However, equally critical is clarifying and streamlining the process. One measure would be to ensure that agencies charged with monitoring have the enforcement authority. In this respect, NEPA should be given greater enforcement rights and capacity. Moreover, enforcement should not be the responsibility of departments like Mines and Geology who have an economic stake in mining as this places them in the position of ‘poacher and gamekeeper’.”

2.1.4 It is important to distinguish the aim of the effective control of river mining activities from any other government objectives and to clarify the roles and responsibilities of the agencies involved.

2.1.5 In taking forward the recommendations of this research and implementing possible changes to existing systems of control, these findings have been taken into account and while there are no definitive recommendations as to the most appropriate structure, since that would be inappropriate for a study of this nature, the first and primary recommendation of this assessment must be that there is a review of existing legislation, roles and responsibilities between the departments and the means by which these responsibilities are discharged, to ensure that for any new system of control there are:

• clear and understandable aims and objectives;

• clear lines of responsibility both between departments and within departments/agencies;

• clear policies and proposals, both nationally and for individual areas;

• better co-ordination of activities between departments/agencies;

• more standardization and consistency in information requirements and license standards;

• more effective and unified enforcement for both legal and illegal operations;

• a greater degree of accountability.

2.1.6 In particular, the purpose of achieving control over the effects of quarrying or mining on the environment or on communities should be viewed as being separate from any consideration of any specific taxation of quarrying and mining operations.

2.1.7 While tax raising is clearly a legitimate activity and one of the fundamental activities of government, it should ideally be separate from the licensing process so that the priorities and functions are not confused, either in terms of the effect on the process itself or in terms of the public perception of the process.

2.1.8 The administration of quarrying or mining tax may be undertaken by the same department or separate departments, but should be independent of the license process.

2.1.9 The references in this report to environmental regulation refers to the broad range of controls that may be necessary in ensuring that the effects of river mining on the environment, on communities and the social and economic infrastructure are kept within acceptable limits.

2.1.10 It includes all of the matters identified in the code of practice and preceding research, including impacts on land-use, land erosion, water, air quality, noise, leisure/tourism and landscape.

STR

ATE

GIC

INTE

RVE

NTI

ON

TEC

HN

ICA

L IN

TER

VEN

TIO

N

SUST

AIN

AB

LE

RIV

ER M

ININ

G

DEV

ELO

PMEN

T &

O

PER

ATI

ON

Rea

ctiv

e te

chni

cal

solu

tions

Proa

ctiv

e te

chni

cal

solu

tions

SITE

OPE

RA

TOR

/ EN

FOR

CEM

ENT

AG

ENC

IES

Figu

re 1

Lev

els

of P

olic

y R

espo

nse

GO

VER

NM

ENT

Polic

y an

d A

dmin

istr

atio

n

Plan

ning

&

land

-use

TEC

HN

ICA

LA

SSES

SMEN

T

STR

ATE

GIC

ASS

ESSM

ENT

PRO

JEC

T IN

PUTS

D

ESK

TOP

REV

IEW

S A

ND

FIE

LDW

OR

K

PRO

JEC

T O

UTP

UTS

C

OD

E O

F PR

AC

TIC

E &

R

ECO

MM

END

ATI

ON

S

2.2 The Importance of the Quarrying and Mining Industry

2.2.1 The supply of sand and gravel from river mining and of limestone and other aggregate minerals from quarrying are activities that are fundamental to the ability of the construction industry and government to meet the infrastructure needs of the community. The economies of most countries require ongoing investment, especially in infrastructure projects, to help support the enhancement of living standards and underpin economic growth. This is particularly so in developing countries. Investment in roads, water supply, drainage, housing and other services is essential to the further development of those countries, supporting economic activity, health and basic environmental protection.

2.2.2 The provision of aggregates to supply these infrastructure projects, together with more general capital investment by the private sector, is also a fundamental component of the economic activity that supports many communities.

2.2.3 The economies of a large number of countries is often dependent on a relatively few key industries. Mining and quarrying is one of the industries that support employment and bring income into many areas, particularly rural areas that are otherwise dependent almost purely on agriculture or forestry. The absence of other industries that generate income and employment or of value added processes means that there is a reliance on these traditional sectors and considerable weight is afforded to mining and quarrying projects that offer diversification and growth potential.

2.2.4 The exception to this general principle is tourism and the introduction of tourism into areas that have until now been the focus of mining activity can create tensions between these business sectors that needs to be dealt with sensitively so that the two are not mutually exclusive. This is particularly the case in Jamaica, where the development of eco tourism is increasingly seen by some commentators and agencies as being incompatible with traditional mining activities.

2.2.5 In some cases small scale river mining operations appear to be favoured because of the benefits they bring to communities, particularly where they help support other activities in an area. In certain cases there is a reluctance to lose even the contribution made to communities by illegal mining or quarrying activity in spite of the disturbance caused to the environment and the potential and actual damage to agricultural land, private property and other essential resources. It is also a fact however, that large-scale mining and quarrying operations are causing environmental problems that directly impact on the community and other activities and this also is a cause for concern.

2.2.6 It may be the case however, that larger scale, properly licensed and regulated operations may be able to bring more benefits to the communities as a result of the consistency and scale of investments achievable and the levels of longer term employment generated, while limiting the adverse impacts of illegal activity.

3. ADMINISTRATION

3.1 Introduction

3.1.1 The administrative structures of government are of fundamental importance to the effectiveness of the controls available to regulate mining and quarrying activity. These structures, the allocation of responsibilities between departments and their approach to the priorities attached to river mining has a clear and fundamental impact on the effectiveness of the controls and the degree to which, therefore, quarrying operations are sustainable and maintain acceptable living conditions.

3.1.2 The administrative system also has a clear bearing on the degree to which there is confidence in the regulatory system and consensus over the mechanisms or procedures themselves and the decisions that result.

3.2 The Issues

3.2.1 The administrative interests can be divided into two elements:

• those that have direct responsibility for the administration of the law and regulations controlling mining and quarrying activity and those that require to be consulted in the control process, since there interests may be affected; and

• those whose areas of responsibility are affected by mining and quarrying activity, including tourism, agriculture, infrastructure (roads, water supply) and housing.

3.2.2 The degree to which there is clarity over who is responsible for control and who is consulted in the exercise of that control itself may be a source of conflict and/or problems. It is equally the case that problems occur when those consulted feel that their views are dismissed or not accorded sufficient weight. Whether this concern is justified in a particular instance or not depends on the degree to which the decision making process and the considerations relevant to each decision is clear and open.

3.2.3 It is often the case that control over mining and quarrying activity is exercised at the national level, by departments of central government. This report assumes this to be the case, although in some cases development decisions are vested with local government. In those cases, many of the principles set out in this report will apply, although particular consideration will need to be given to the balance between strategic administration and policy, exercised at the national or regional level, and local policy and decision making, which is necessary to take account of local circumstances and policies.

3.2.4 Where a division of responsibility for the administration of control over mining/quarrying occurs it is important to have regard to the need for:

• Clear and consistent national legislation, definitions, administration and policy on mining and quarrying;

• Policies to guide land-use, or zoning, and to apply development control criteria at an appropriate level (whether carried out nationally/regionally/locally);

• The need for effective public consultation on policies at national and local level and on individual mine and quarry proposals;

• Provision for effective monitoring and enforcement of legislation, regulations and individual permissions.

3.2.5 There is a difference between the functions of the regulating organisations, which means that some are better placed than others in terms of the expertise available and the resources to assess the need for control, to monitor and deliver that control and enforce the relevant regulations.

3.2.6 In the case of Jamaica, the responsibilities for monitoring and enforcement are divided between the Police, the National Environment and Planning Agency (NEPA) and the Department of Mines and Geology. While it is not an uncommon situation for functions to be divided between different organisations, there does need to be clarity of responsibility, clarity of the matters to be regulated and clarity of the considerations relevant to that regulation. With greater clarity and openness, should come improved regulation and consistency of decision making.

3.2.7 It is clear that the Police have other priorities and their focus is, quite rightly, on stemming and controlling what are universally considered to be more serious crime. There is also a difference between criminal law and laws relating to environmental protection or civil matters. It does not appear sensible therefore, for the Police to be involved other than in a supporting capacity, where there is a need for a police presence to support the actions of the regulating department.

3.2.8 The responsibility for the exercise of control over mining and quarrying activity and the boundaries between the different departments of government in this regard, should be clearly defined.

3.2.9 The principal focus of administration to provide for and regulate mining and quarrying activity is most appropriately vested with the departments having the relevant expertise to define policy, consider applications and monitor on the ground activities.

3.2.10 This means that a combination of environmental expertise and knowledge of geology and mining/quarrying practices is required. These may be within a combined department or may be split between departments providing there is clarity of purpose, shared commitment and effective liaison between each function.

3.2.11 In a Jamaican context, the bringing together of NEPA and the Department of Mines and Geology in one Ministry is a step forward, but a greater degree of shared purpose and co-ordination is required in order to make the practical operation of controls more effective. Disparities between the staffing and resource levels should be addressed such that there are adequate resources to advise and assess license applications, provide effective consideration of the applications and enforce the operation of mines

and quarries so that compliance with the licenses is achieved. Enforcement by the Department should also tackle illegal mining or quarrying operations and should be able to call upon the support of NEPA and the Police in order to carry out enforcement where necessary.

3.2.12 Although there is potentially a conflict between the wish to promote mining and quarrying activity and the need for effective environmental regulation, these two objectives need not be incompatible providing there are clear policies and procedures that are open and accountable.

4. LEGAL BASIS

4.1 Introduction

4.1.1 An understanding of the existing legal structure is necessary in considering the potential for improved regulation. This section sets out a commentary on existing structures within Jamaica before discussing the principles of how such legislation and legislative structures might be improved.

4.1.2 The existing system for the control and regulation of river mining in Jamaica is based upon a series of legislative instruments, listed in Appendix 1. The basic control mechanisms relevant to river mining however, are discussed below and extend beyond pure mining or quarrying legislation to cover more general controls relating to the environment and land-use planning. The main areas of relevance include:

• Quarry control legislation

• Environmental legislation

• Planning/land-use legislation

4.1.3 There is also legislation in many countries that vests the ownership or rights to extract certain minerals with the government or state, usually including in this all metals and precious stones. There is also often different legislative control covering certain industrial minerals for which a higher value may be derived or may have been derived in the past. This is the case in Jamaica.

4.2 Quarry Control Acts

4.2.1 There are a number of elements to this legislation. The main legislation is The Quarries Control Act 1984 which sets the overall regime of control for the quarrying of aggregates or materials used in construction. This provides four basic means of control:

a) the definition of quarry zones: a series of areas where quarrying is identified as having the in-principle support of the government, subject to the necessary licensing procedures. These are identified on geological and commercial grounds, while having regard to certain other information, including the potential impact on the environment and matters such as the availability of effective transport links.

b) the system of quarry licensing: there is a requirement for all quarrying and river mining to be licensed above a specified minimum threshold of 100m3.

However, there are some flaws in the legislation, including the non-transferability of quarry licenses.

c) the establishment of a quarry tax: the giving of authority to government to raise a quarry tax and to amend this from time to time.

d) enforcement of quarrying activity: the basis and ability to control illegal mining activity, or to enforce against breaches of licenses or license conditions.

4.2.2 The Minerals Vesting Act 1947 defines what constitutes a mineral for the purposes of vesting ownership with the Crown of all metals, energy minerals, precious stones and industrial minerals. For the purposes of the legislation therefore, aggregate materials (stone, rock or sand) used in construction are not classed as minerals.

4.2.3 In practice however, the actual operation of the above system of control does not live up to the promise of the legislation and fails to deliver a level of control that ensures that the environmental, social or economic impacts of quarrying are kept within either locally or generally acceptable standards.

4.2.4 The quarry zones project has identified a number of quarry zones based on an understanding of the geology, resource availability and the aggregate requirements of the local economy. They relate at a basic level with the town planning/land-use zoning system and hence offer a degree of balance between competing land-uses. The geological basis is strong, but the environmental analysis of these areas and the likely effects of quarrying are less certain and can be superficial, the documents are at times limited by the basic information and services available, including accurate up-to-date mapping and, equally important for the sustainable development of potentially available resources, a lack of road or other infrastructure to enable economic extraction to take place. The wider understanding and commitment to these areas, the expectations or standards required of any proposals within them, in terms of clear policies, issues and limitations/constraints is also relatively undeveloped within government and, it would appear, more generally.

4.2.5 The system of licensing does require certain basic information before licenses are issued and is the subject of consultation between the interested agencies of government, including NEPA, which also includes the possibility of combined site visits by officials from each organisation. However, because full quarry plans are only generally required after a decision has been taken, the understanding of the operation proposed, the precise area affected, the methods of working, the restoration proposals and the measures to control the effects on the environment are all very sketchy and limited. While officials will note some key constraints or conditions they perceive to be an issue, because of the lack of information on the proposals, this assessment cannot be said with any confidence to be comprehensive or sufficiently detailed.

4.2.6 There seems to be a lack of available professional expertise also in consultancy services, with relatively few people apparently available able to assess and advise on environmental issues relevant to the drawing-up of quarry plans. Combined with apparently marginal economics of new operations and the limited investment in their

design, pre-planning and environmental impact assessment means that, to some degree, longer term problems are inevitable.

4.2.7 The system of enforcement is often limited ultimately by the basic flaws in the operation of the other parts of the system. Without clear mineral exploitation, land-use and environmental policies, the quality of decisions on whether to permit or refuse applications for new or extended licenses are compromised, the ability to apply license conditions is undermined and is further affected by the lack of detailed information about the proposal or firm quarry plans and as a consequence of all of this, consistent and fair enforcement is made almost impossible since the benchmarks or standards against which to assess a site’s performance and impact on the environment is lacking.

4.3 Environmental Control

4.3.1 The main legislation for the control of impacts on the environment was established in the Natural Resources Conservation Authority Act which set up the Natural Resources Conservation Authority, which subsequently merged with the Department of Planning and the combined organisation is now known as the National Environment and Planning Agency (NEPA).

4.3.2 NEPA brings within its control a wide range of responsibilities, including:

• Environmental regulation and management

• Conservation and protection

• Environmental Warden service (monitoring/enforcement)

• Environmental permits and licenses

• Planning and development

• Industrial waste and sewage discharge

4.3.3 NEPA is currently subdivided into a number of divisions with particular responsibility for certain areas of the Agency’s work. Those most relevant to river mining include: local area planning and land-use planning, pollution prevention and control, protected areas and species, enforcement, strategic policies, sustainable watersheds management.

4.3.4 In particular, there does appear to be a greater degree of interrogation of information and the level of detailed information required by NEPA in relation to the exercise of their functions in certain respects, including:

• “Environmental Screening Forms” which assess the degree of sensitivity and potential environmental impact across a range of key measures (i.e. noise, visual impact, transport)

• “Permit Application Forms” which are required for certain development projects and “Project Information Forms” which set out a range of information required to assess the degree of environmental sensitivity of the site and project.

4.3.5 Certain land-use changes or development (i.e. housing) requires planning permission representing a basic form of land-use controls (see 4.4 below).

4.3.6 In other respects the system is still limited in the information required and hence the degree of control and the conditions imposed on permits. They do however, impose more detailed conditions and in some cases require by condition more detailed schemes of information to be submitted on particular issues (i.e. retention of significant trees, provision of details of effective drainage) and to support the general information required during the decision making process.

4.4 Town Planning/Land-Use Zoning

4.4.1 The town planning function that controls land-use for most development activities also forms part of the NEPA function in Jamaica. This provides the basis for a series of Town and Country Planning (Parish) Development Orders that provide a written description of the main land-use proposals for a given parish (a parish being the relevant local administrative area). This is a fairly basic description of proposals and is not related to a map base or detailed land-use zoning other than in a broad sense.

4.4.2 In relation to mining and quarrying, this sets out the basic issues arising in the parish and the general policy towards them (e.g. the promotion of mining in certain areas, or quarry zones, and the presumption against activities in sensitive areas).

4.4.3 The development orders do however, undertake a basic level of balancing between the competing interests of land-use or development.

4.5 Responsibility

4.5.1 The responsibility for controlling river mining and quarrying is divided between the relevant organisations and their respective functions.

4.5.2 The Department of Mines and Geology in Jamaica are responsible for the administration of the system of licensing for quarrying and river mining and for the preparation of proposed “quarry zones” and the administration of all quarry related proposals therein.

4.5.3 Officers of the Mines and Geology Department are responsible for inspecting mines and quarries and taking such steps as are necessary to enforce the terms of the relevant legislation or such conditions as may have been imposed on any quarry license. In so doing, they may call upon the Security Forces (Police and if necessary other forces) in order to carry out such activities should this be necessary. The Security Forces are also responsible for illegal quarrying or river mining activity.

4.5.4 NEPA is responsible for the natural environment and is consulted in any license application for a quarry or river mining operation or its renewal. NEPA is also responsible for administering the system of permits for changes of use relating to development of land away from agriculture and will often seek submission of a memorandum of understanding between the quarry operator and the adjoining landowner. They also have a public health responsibility.

4.5.5 The Quarry Advisory Committee includes the Mines and Geology Department, NEPA, Police and National Works Agency and meets on a regular basis to discuss

applications for licenses and proposals for quarry zones, as well as related issues and assists in co-ordination of activities. Although liaison occurs, the reasons for decisions and the basis on which they are taken, is not always clear and appears not to be based on as detailed an understanding of the issues and potential impacts on the environment or other interests, as may be desirable for the proper control of operations.

4.5.6 An example is the requirement to produce a quarry or mining plan only after a decision has been taken to issue a license. This means that there is no effective basis for the authorities to assess the proposal or what key environmental features should be protected. This is often based on a limited site visit by the regulating authorities in the absence of clear plans or proposals from the operator. This in turn makes the setting of conditions difficult and their enforcement almost impossible.

4.6 Recommendations for Improvements in the Legislative Framework

4.6.1 The key issues in relation to the legislative framework are the degree of clarity in the roles and how the system is resourced and implemented rather than failings in the legislation itself. Although there are undoubtedly areas where the legislation could be improved, the basic elements and main controls exist for a system to be implemented and enforced, providing the necessary resourcing and commitment is there.

4.6.2 A key issue is the relative priorities of the enforcing authority. The police have generally more serious issues to deal with, dealing with public order and serious crime. There is also a perception that the judiciary also have a limited appreciation of the seriousness of “environmental crime” and river mining in particular, the setting of conditions and their enforcement.

4.6.3 The key issues to improve the operation of the existing system are:

a) clear and understandable aims and objectives; the aim of the administration should be clear in what it is seeking to achieve, it should be committed to raising standards of operation and should seek effective long term control while providing a sound and more secure basis for investment. One of the key problems affecting the existing system is the low investment in operations and the low standards of operation and control that are expected and duly arise. With improved regulation, certainty can increase and investment becomes more secure and likely.

b) clear lines of responsibility both between departments and within departments/agencies; there should be a clear definition of roles and avoidance of overlap in terms of functions. The control of mining and quarrying should be vested with an agency (or agencies) with a detailed understanding of the issues and a commitment to them at the highest level. The responsibility to consult and to provide a written report of the recommendation for the decision proposed and the reasons for the decision or any action taken, should be adopted to assist accountability, clarity and consistency.

c) clear policies and proposals; there should be effective liaison between the departments/agencies responsible for the regulations affecting mining and

quarrying and wherever possible common policies, standards and forms should apply.

d) better co-ordination of activities between departments/agencies; consideration should be given to the adoption of more regular meetings between departments and to inter-departmental standard forms and procedures for key activities. These should be prepared through discussion with the relevant agencies, including those who’s interests are affected by quarrying (e.g. preparation of more comprehensive standard assessment forms for license applications and for enforcement visits)

e) more standardization and consistency in information requirements and license standards; there must be a requirement for a clearer indication from the proposed operator of the proposed working prior to any decision being taken, of the nature and characteristics of the operation, the depth, type of equipment to be used, duration and other key features and site infrastructure, together with an assessment of some description of the likely environmental issues raised and impacts that may arise.

f) more effective enforcement; it is absolutely essential to properly resource and equip officers from the regulating agencies to allow them to visit sites randomly and to take such action as may be necessary to control operations. These include the ability to stop or prevent the activity of the overall mining operation in serious cases. Enforcement of planning control is essential if any improvements are to be made. The enforcing agency needs the support of the Police or military to ensure that the benefits do arise.

g) a greater degree of accountability; the process of license application and consideration, should be more open to public scrutiny and accountability, to ensure that the appropriate level of importance is attached to the issues and ensure reasonably consistent decision making.

h) an environmental training programme is required, designed to increase the availability of individuals or consultancy services with an understanding and degree of experience of environmental impact assessment and in promoting sustainable river mine development including working methods, restoration and environmental controls.

4.7 License/Permission Ownership

4.7.1 The existing system in Jamaica and in some other countries provides licenses to individuals or companies and not licenses or permissions that attach to the land concerned. This means that, although the licenses are specific to the land or mine concerned, they cannot be traded or sold on. This prevents investment and the treatment of mining and quarrying operations as an asset in the economic market.

4.7.2 There is little or no benefit in granting personal permissions (see below) to individual companies or individuals. Since this undermines the potential to buy and sell mines and quarries on a normal commercial basis, since there is no certainty that a new license or permission will be forthcoming and no certainty as to the conditions that may apply, it undermines also the ability to invest in the sites for the long term and any lending associated with the mine or quarry development. This further, does not

allow the land or the mine/quarry to be treated as an asset which can contribute to the value of individual companies and inhibits any real potential for the involvement of international companies or investment.

4.7.3 If the license were to run with the land, it would then allow the quarry or mine to be considered as an asset that is capable of being treated as such by companies and by financial and investment institutions. The certainty provided by the license which confirms the ability to operate and to the conditions that apply, enables due diligence (the process of assessing the validity of and compliance with the permissions that underpin a company’s operations) to be attached by any prospective purchaser and a value to be attributed.

4.7.4 It also means that companies (if the licenses also have a longer term) are able to invest in site infrastructure and environmental control with some certainty and that there will be an adequate period for an economic return to be made. It therefore, carries an environmental advantage.

4.7.5 This system assumes that the quarry or mine operator has a legal interest in the land concerned, i.e. outright ownership or a long lease. It also assumes that the duration of permissions is sufficiently long to allow the quarry or mine to be treated as an asset (see below).

4.7.6 The licenses or permissions granted as a result of the controls exercised should relate to the land on which the mining or quarrying takes place. It should not relate purely to the individual or company operating the site.

5. POLICY

5.1 Introduction

5.1.1 The approach adopted by the government needs to have a clearly identified policy towards the supply of aggregate resources to meet the needs of the construction industry. Although outside the scope of this report, this would appear to apply equally to other minerals, the mining of which generates very similar issues and consideration of similar controls.

5.2 License/Permission Duration

5.2.1 The duration of any license or permission granted is important to the viability of the operation and the degree of confidence that may attach to investment in the site. This is particularly the case for any external investment and particularly investment by international companies or institutions.

5.2.2 It is a general policy in Jamaica to grant short licenses (i.e. one or two years) rather than any longer period, in an effort to control adverse environmental impacts. However, these have not controlled the impact of the operations during this period and the operations seem rarely to close even when the license officially expires, sometimes through repeated renewals and sometimes simply without a valid license.

5.2.3 Such short periods do however, create a sense of uncertainty and give the impression that (even to those in government) licenses may not be renewed if adverse environmental or other consequences are discovered. Because of the lack of information about the operations and a lack of enforcement resources, there is often confusion as to the reasons for environmental degradation and hence the licenses tend to continue on the back of uncertainty. This is an unsatisfactory situation for everyone with an interest in quarrying or affected by it.

5.2.4 If there is a greater awareness of the potential environmental and social impacts of a proposed operation and also a greater understanding, i.e. through quarry plans, programmes and restoration proposals prepared by the applicant/operator, then there is a greater degree of certainty that appropriate conditions can be applied that will stay relevant and appropriate to control the proposed operations for a longer period. This provides the operator with greater certainty and an ability to invest and provides the regulatory authorities with an improved ability to assess and control the operation.

5.2.5 The time period for the licenses and the provision for the review of conditions needs to strike a balance between the need for certainty in the operations permitted and the need to be responsive to changing environmental conditions or expectations of the operational practices adopted by the operator.

5.2.6 The setting of appropriate detailed conditions in the license and their effective and timely enforcement are essential to underpin the licensing process.

5.2.7 It is recommended therefore, that longer term licenses or permissions be granted that relate to the planned life of the overall quarry operation or where this is ongoing (as may be the case with some but not all river mining operations) should have a duration that allows reasonable return on investment. This may be for example, the granting of 10 year licenses or longer.

5.2.8 If such periods are adopted, it is also recommended that provision be made in the legislation for the review of the environmental conditions that apply to the licenses at a defined interval (i.e. every 5 or 10 years) in order to ensure that such operations are kept up to date.

5.2.9 There are a number of key elements in exercising effective control of river mining activity and at the same time providing for a viable and sustainable quarrying and mining industry.

5.3 Plan Making/Land-use Zoning

5.3.1 There needs to be an effective means of plan making or land-use zoning to guide the future development of river mining and other forms of development and to provide a context for the consideration of decisions on license applications and exploration proposals.

5.3.2 This should provide a map based indication of the areas that are either environmentally sensitive, where particular constraints or considerations may apply, and areas where mining or quarrying may be supported, subject to the consideration of detailed applications against environmental and other relevant criteria. It is important that there is some effective mapping available for the proper control of land-use and proposed changes, or land divisions. This is considered further below.

5.3.3 Where areas are defined as environmentally sensitive, particular constraints or considerations may apply. An example might be where an area is designated as being of importance for ecology or for tourism, or areas important to water supply. Within these areas proposals for river mining would be generally opposed unless they could show that they did not harm the particular features of interest.

5.3.4 Areas where mining or quarrying may be supported would still be subject to the consideration of detailed applications against relevant policies and criteria, to ensure the protection of communities, water quality and other more localized environmental interests. If proposals adversely impacted on these considerations, mitigation should be required or if this were not possible, the project should be refused.

5.3.5 The plan making or zoning approach may be either absolute, preventing working in certain areas, or may be flexible, with a greater onus on environmental protection (through mitigation or compensation) in environmentally sensitive areas.

5.4 Mapping

5.4.1 The availability of maps of the areas being considered for mining proposals is important to the overall ability to plan and control the impact of mining operations.

At present there is a lack of detailed and up to date mapping technology in Jamaica, and available base maps for much of the areas considered are limited to large scale maps that do not allow an effective level of detail for the consideration of individual operations.

5.4.2 Effective mapping is therefore, an issue requiring consideration and ongoing development in order to plan for land-use change. Typically, it would be desirable to move towards at least 1:10,000 scale for more general land-use zoning, with greater detail where there is greatest potential for land-use change. This would generally require the preparation of plans to support individual land-use change or development proposals (including license applications and land divisions) at a scale of around at least 1:5,000 or 1:2,500 depending on the size of the site and nature of the surrounding area. This would enable both the operator to be clear about what is proposed and where, would enable the authorities to see precisely what other land-uses or sensitive issues might be raised by the proposal and inform their site visit (e.g. the topography, slope, proximity to communities or road infrastructure, rivers and other sensitive features) and would provide an understanding of the manner and methods proposed in the operation.

5.4.3 Such plans would then provide the effective basis for the control over the area and phases to be worked and the “buffer zones” or other proposals that may be necessary to protect any identified sensitive features.

General Location

5.4.4 Until such time as more effective mapping is available, it may be necessary to rely on the existing maps for the general location of the site only, typically marked with a rectangle or other symbol. Some attempt should be made to mark on any relevant, significant land-use changes in order to update the map base for the area concerned.

Operation Layout and Detailed Location

5.4.5 This should then be supplemented for existing and proposed operations by drawings, commissioned and provided by the operator, showing the proposed operation relative to known land marks (e.g. river banks, roads, villages or other natural features) to provide a better understanding of the mine’s relationship with those features.

5.4.6 This should be drawn to some recognised scale and show all relevant features in the locality and within the site, including the locations of access points, retained buffer zones and all other elements of the site infrastructure that are necessary for both: a) the operation of the site; and b) the protection of environmental resources.

5.4.7 These plans should show the location of the quarry plant and the total area of the proposed extraction operations, together with the sequence of work or phases to be adopted. They should be accompanied by an indication of the timescale of the proposed phases and overall mining operation.

5.4.8 The plans should be supported by marking out key features on the ground to guide the machine operators as to the area, depth and means of access, together with other relevant requirements.

5.4.9 The working of the site in accordance with the identified (numbered) plans and the marking out of the site should each then be secured by condition on any license or permission granted.

Sections

5.4.10 It is also desirable at least to have some indicative cross-sections through the site to show retained margins, the degree of slope and other features, particularly where there are sensitive features nearby or where there is a need to indicate how measures, such as surface water cut-off ditches, will work. These should be provided at a recognised scale and should be part of the license application and conditioned as above.

5.4.11 This is particularly necessary where in channel mining is proposed and where the depth of extraction should not deepen the lowest point in the bed of the river and where it is important to retain the river banks without undue damage or disturbance. Measures to prevent incision and erosion should be designed according to the specific proposals.

5.5 Policy Framework

5.5.1 The consideration of individual applications for a permission or license to open a quarry or mine needs to be set within a decision making process that is clear and readily understood by all, including the authorities, operators and the community.

5.5.2 This requires the establishment of a clear system of policies and criteria designed to protect relevant community, environmental or other legitimate interests. This is best achieved by a system of defined policies to set the criteria against which individual applications will be considered.

5.5.3 The policy framework should clearly set out at the national level the approach to be adopted by government and by the departments or agencies responsible for its administration. These policies should be prepared in consultation with all stakeholders, including all government departments, operators, community groups and the public. They should be published and made widely available. They should be reviewed on a regular basis (e.g. every 3 to 5 years).

5.5.4 There is a debate to be determined at the national or local level as to whether it is desirable to allow continuation of river mining in certain locations or whether it is preferable to promote mining of sand and gravel from river terraces and floodplains away from the river channel, providing these areas are restored following mining to agriculture or an appropriate after use (e.g. conservation, tourism lakes).

6. SYSTEM OPERATION

6.1.1 The operation of the system of control is the area where any grey areas or uncertainties can hamper the legislative basis and the effects of the controls available.

Application Format

6.1.2 The form of applications for licenses or permits should be comprehensive and cover all of the main areas likely to be relevant to decision making on individual applications. The nature and scope of the form should be agreed between the relevant agencies and departments and should be discussed with operators and others to ensure it is both reasonable and effective in informing the licencing process.

6.1.3 The form of application should require appropriate plans showing the location of the proposed operations at a detailed scale together with other features of note. An example of the information required as a minimum is set out in Appendix 3 of this Report.

Information Required

6.1.4 There should be an agreement reached between the departments, agencies and operators on the necessary level of information required for decision making which should as a bare minimum include quarry plans explaining in detail the key characteristics of the proposed operations and their relationship with sensitive environmental features.

6.1.5 This should for all applications have at least a minimum level of environmental impact assessment. The plans accompanying the applications should include the area and phasing of working, sections through the site to show depths and directions of working, areas of protected standoff for sensitive features, restoration proposals, haul routes and plant location.

6.1.6 There needs to be a greater understanding in the decision making process of the relationship between river mining and the deposition of sediments through natural processes in each of the river environments, in order to ensure that the river is not damaged by over exploitation.

6.1.7 There also needs to be a greater attention paid to methods to control incision and unintentional bank and river bed erosion as a result of mining, which would appear to be one of the fundamental problems leading to recent losses of important roads and infrastructure.

6.1.8 The assessment of sediment replenishment and the potential for incision and general erosion can be based on the river catchment or watershed approach and should seek to

assess the rate of natural replenishment of the sediment within the river (through natural weathering, erosion and other events generally higher upstream in the watershed) and set a corresponding rate of extraction permissible in any given location. This needs to be monitored closely for each site. The set extraction rate would be a total for all mining activity in any particular area. Given the resource constraints and expertise available, this may be an issue best tackled in the case of Jamaica, by NEPA, Mines and Geology Division and the Ministry of Works, in collaboration with mining companies.

6.1.9 This approach would then be combined with consideration of the depth, area and details of proposed extraction, the proximity to roads, communities, bridges, habitats and other features, to determine the extent and acceptability of individual proposals. Regular monitoring of the river profile and channel should be undertaken to assess the overall stability of the affected river system.

Permission/Licensing Procedure

6.1.10 The procedure for decision making and license applications should be clear, with stated periods for public comment and individual decisions should be based on written reports setting out the considerations relevant to the decision and the reasons for reaching individual decisions. These reports should be made available to all relevant departments and consultees and the public before the date of the decision.

Public Consultation

6.1.11 It is important for the control over mining and quarrying to have public support and for the activities themselves to have a degree of public acceptance. Without this there will always be potential for conflict to occur and for feelings of disenfranchisement to develop.

6.1.12 It is therefore, recommended that a system of public consultation be built into the legislation and practice that provides for a two tier consultation process (including other departments and the general public) with opportunity to comment on (a) the general policies that guide mining and quarrying activity; and (b) the determination of individual license applications. Mire detailed public notices should be required located in the areas of the application and indicating the nature of the proposals and the address locally where copies of the applications can be viewed or discussed. More proactive measures to consult the public should be investigated to help refine policies and proposals.

Permission/License Conditions

6.1.13 There should be a series of more detailed standard conditions agreed at the national level. These should provide the basis and starting point for the consideration of appropriate conditions specific to the relevant operation under consideration. These should tie the mine or quarry to the Quarry Plan and contain conditions specific to each of the environmental issues raised in the proposed standard quarry license application form and Code of Practice.

6.1.14 Consideration should be given to ensuring consistency with the conditions required or imposed through other permitting systems.

6.1.15 The scope of the conditions should cover all relevant issues to the operation of the site, its establishment and its final restoration. They should reflect the views of other agencies and departments where they are relevant. All such conditions should be reasonably related to the operations proposed and be necessary to control their impact on the environment and should be proportionate to the environmental risks involved.

6.1.16 The conditions should cover all aspects of operation including plant operation, maintenance, hours of operation, working phases and methods, noise levels, dust control, landscaping/visual impacts and retention of key features, such as river banks and trees. Where necessary conditions should require submission of additional details on particular aspects (e.g. drainage and noise control) and that the development is carried out in accordance with the approved scheme.

Monitoring

6.1.17 The provision of clear, comprehensive and detailed conditions on every permission, read in conjunction with the relevant Quarry Plan, will allow effective enforcement action and provide the certainty and security required to enable longer term permissions that allow companies to invest.

Appeals Process

6.1.18 The introduction of an appeals process is often desirable as a means of ensuring that decision making is clear and consistent and to afford applicants a basis on which to have the decision concerning the license to be reviewed. Appeals may be against either the decision of the relevant authority to refuse the license application, or may be against one or more of the conditions attached to a permission once issued.

APPENDIX 1

SUMMARY OF EXISTING RELEVANT LEGISLATION IN JAMAICA

The Quarries (General) Regulations 1958

The Minerals (Vesting) Act 1947

The Quarries Control Act 1984

The Quarries Control (Amendment) Act 1994

The Natural Resources Conservation Authority Act 1991

Town and Country Planning Act

Land Development and Utilisation Act

Watersheds Protection Act

Beach Control Act

Wild Life Protection Act

APPENDIX 2

EXAMPLES OF EXISTING LICENSE APPLICATION FORMS

a) Mines and Geology Division Quarry License Application Form

b) Typical Quarry License

APPENDIX 3

EXAMPLE ISSUES FOR PERMIT OR LICENSE APPLICATION FORM

1) Name of Applicant:

2) Address of Applicant:

3) Telephone:

4) Facsimile:

5) Name of Agent:

6) Address of Agent:

7) Telephone:

8) Facsimile:

9) Location of proposed development:

10) Grid Reference:

11) Description of Proposed development:

12) Size of Site Area:

13) What is the nature of your interest in the land (owner, leaseholder)?

14) Are there any other landowners? (if so give names and addresses)

15) Have you notified them of the proposal? Yes No

16) Does the site lie within a recognised Quarry Zone? Yes No

17) If Yes, please name:

18) Have you enclosed a proposed Quarry Plan? Yes No

(Note: no application will be processed until a Quarry Plan is submitted, to enable the

appropriate assessment of the proposal)

19) Have you enclosed a Location Plan? Yes No

20) Does the application propose working in the river channel:

21) above the water table (i.e. on seasonal sand/gravel bars or terraces); or

22) within the active river below the water table

23) What is the proposed depth of working?

24) Have you included a survey section showing depth of proposed excavation and the depth

of the existing and proposed channel? Yes No

(Note: proposals for in channel working will not be considered until a section to a

recognised scale showing the depth of working and depth of channel, together with the river

banks and any buffer zones has been provided. The depth of working should not be greater

than the depth of the lowest point of the existing channel and should not erode river bank.

25) If working within the river channel, where are the proposed access and exit points from

the river and how will these be maintained?

(Note: these should be kept to the minimum and should be shown on in the Quarry Plan and

maintained for the duration of the working)

26) Has an assessment been undertaken of the sediment budget (the rate of sediment

deposition compared to the proposed rate of extraction)? Yes No

27) If so give details

28) Describe the measures proposed for the location of all fixed processing plant,

maintenance and washing of machinery and for process water management (including

settlement lagoons) outside of the river channel and away from the river bank?

29) Does the application propose working of the floodplain outside of the river channel:

a) above the water table?

b) Below the water table?

30) Is the proposed quarry within the area liable to flood? Yes No

31) If yes, what measures are proposed to prevent sediment or oil/chemical pollution arising

during flood?

32) What is the existing land use within the application site?

33) What is the restoration proposed for the site?

34) When is restoration proposed to occur?

35) What measures are proposed to store soils to be used in restoration?

(Note: these would normally be expected to be placed in screen mounds shown on the layout

plan and maintained until needed in restoration, but care should be taken not to impede flood

capacity which may increase the risk of flooding elsewhere)

36) Where relevant, what measures are proposed to protect agriculture?

37) Where relevant, what measures are proposed to protect existing nearby land uses?

(Note: particular attention should be paid to the physical relationship with local

communities, tourism facilities, public infrastructure, such as pipes and bridges, agriculture

and other important land uses in terms of both distance and any screening or measures

designed to minimise disturbance)

38) What are the existing habitats on the site?

39) What are the existing habitats in the surrounding area?

(Note: Describe existing habitats and in particular presence of important or protected

habitats)

40) Where relevant, what measures are proposed to protect existing habitats?

41) What is the existing flora on the site?

42) Is there notable flora in the surrounding area?

43) Where relevant, what measures are proposed to protect existing flora?

44) Are there any protected species on the site or surrounding area?

45) Where relevant, what measures are proposed to protect important species?

46) What wastes will be produced as a result of the operation of the mine/quarry?

47) Where/how will these be disposed of?

A Quarry Plan to accompany an Quarry License Application should include as a minimum,

the following information:

• Site location plan

• Existing land use plan

• Proposed site layout plan (showing locations of plant sites, access, working area,

fences, screening, unworked buffer zones, important environmental features, soil

storage/screen mounds)

• Operational phasing plan (showing location and direction of mineral extraction)

• Description of development (including description of mineral, activities proposed,

duration of proposed quarrying/mining, level of daily/annual production, seasonal

activities, land restoration, assessment of vehicle numbers and routes)

• Description of methods of quarry operation (actual operating methods, plant and

equipment, process description including crushing, blasting, screening, general

procedures and order of working)

• Site description including context (e.g. main features of site and the surrounding area,

screening, land uses, etc)

• Description of environmental management/controls (including measures to ensure

protection of environmental features, avoid contamination of water through

sediment/turbidity, etc)

• Proposals for the restoration of the site and how this relates to ongoing operations

(new phases of operation should not start until earlier phases have been restored)

APPENDIX 4

REFERENCES This Report forms part of a series of Project Technical Reports: Farrant, A.R., Mathers, S.J. and Harrison, D.J. 2003. Geology and sand and gravel

resources of the lower Rio Minho valley and Yallahs fan-delta, Jamaica. British Geological Survey.

Scott, P.W., Eyre, J.M. (Camborne School of Mines), Harrison, D.J. and Steadman, E.J.,

British Geological Survey Aggregate production and supply in developing countries with particular reference to Jamaica, 2003.

Weeks, J. 2003. Assessment of the ecological effects of river mining in the Rio Minho and

Yallahs rivers, Jamaica. WRc-NSF Ltd. Macfarlane, M and Mitchell, P. 2003. Scoping and assessment of the environmental and

social impacts of river mining in Jamaica. Warwick Business School, University of Warwick.

Harrison, D.J. and Steadman, E.J. 2003. Alternative sources of aggregates, 2003. British

Geological Survey. Harrison, D.J. and Steadman, E.J. Alluvial mining of aggregates in Costa Rica, 2003.

Fernando Alvarado-Villalon (Costa Rican Institute of Electricity). British Geological Survey.

General References:

American Fisheries Society, North Carolina Chapter. 2002. Position Paper on Instream Sand

and Gravel Mining Activities in North Carolina. Kondolf, G.M. 1997. Hungry Water: effects of dams and gravel mining on river channels.

Environmental Management 21: 533-551. Morgan, A. 1998. Reserves Evaluation and Mining Plan – Jamaica Premix Ltd’s Quarry

QL1181, Yallahs, St Thomas. Mining Engineering Services, PO Box 1731, Kingston 8, Jamaica.

Pacific Fisheries Resource Conservation Council. 1999-2000. Background Papers, Paper

Numbers 3-10. Roell, M. J. 1999. Sand and Gravel Mining in Missouri Stream Systems: Aquatic Resource

Effects and Management Alternatives. Missouri Department of Conservation,

Conservation Research Centre, 1110 South College Avenue, Colombia, Missouri 65201.

Aratram, M. Baxter, C. Edwards, R. Manning, P. Miller, S. Shettlewood, R. Williams, K.

A. Willinamson, M. 2000. Sunderland Quarry Zone Report. Mines and Geology Division, Ministry of Mining and Energy.

PART TWO

CODE OF PRACTICE

INTRODUCTION

This Code of Practice provides basic guidance and a series of performance indicators over the

range of issues raised by river mining activity. The Code of Practice is based around the

results of the research forming part of this series of studies and aims to help deliver an

improvement in the control of river mining practices where this activity continues to be a

source of local aggregate and encourages the pursuit of more sustainable river mining

practice. It forms a general tool that is intended to be used by companies, consultants,

government and other stakeholders involved in, or with an interest in, river mining activity.

The Code of Practice takes the form of a series of key objectives, each of which is followed

by a number of related performance indicators, the purpose of which are intended to identify

and address the issues relevant in designing a new site with minimal impact on the

environment or local communities or in delivering better environmental performance for

existing sites and operations. These are also followed by a description of the issue and some

of the main characteristics.

Companies engaged in river mining are encouraged to incorporate environmental policies

into their company procedures and, in this context, to manage their sites with regard to the

environment, including the appointment of appropriate personnel or managers with a direct

responsibility for ensuring operations comply with their permit requirements and with

reasonable environmental expectations.

This Code of Practice is therefore, intended as a guide for site use by operators, to inform

their planning and operation and also to be of possible use in inspection regimes by the

relevant authorities.

OBJECTIVES

Specifically, companies are expected to have due regard to the following:

CODE OF PRACTICE CHECK LIST

1. Physical Contamination - Water Management To ensure that all aspects of water

usage and operations within the river or adjoining the river are managed to prevent

pollution and clouding including avoidance of impacts on river quality, drinking,

cooking and washing water.

2. Chemical Contamination (including oils, pesticides and metals) – the avoidance of

contamination of the water environment including adverse impacts on river quality,

drinking, cooking and washing water.

3. Water Supply - to avoid the loss or reduction of water resources important to

communities or agriculture, including adverse impacts on river flow, groundwater levels

and drinking, cooking, irrigation and washing water supply.

4. Boreholes – to prevent groundwater depression and contamination through the selective

use and control of deep boreholes into underlying geology.

5. Release of wastes including sugar cane waste (erosion / flooding) – to prevent the

release of potentially polluting waste on adjoining land through mining activity.

6. Flooding – to ensure the avoidance of flooding of the mining operation or of adjoining

land uses or communities.

7. Waste Management - To minimise the production of waste and ensure that the

disposal of such waste is in accordance with legal requirements.

8. Dust – to avoid the generation of dust from site activity and minimise the consequences

of dust affecting nearby communities and land uses.

9. Fumes – minimise impact of vehicle fumes.

10. Noise – to ensure that the effects of noise and vibration on the environment and the

local community are minimised and kept within acceptable levels.

11. Incision – minimise the impact of river mining on the river channel and prevent

progressive erosion up stream.

12. Bank erosion – to prevent the erosion of the river bank and channel, change in river

course or the progressive migration of the nick point up stream.

13. Livestock – to ensure minimum loss of livestock during mining operations and

restoration of farming areas following closure of mines.

14. Cultivated land (food and fuel) – to ensure that there is no long term loss of

productive farmland as a result of mining unless this is unavoidable and to ensure that

impacts during mining are controlled.

15. Fishing and fish stock – the avoidance of adverse impacts on fishing and river

ecology by the minimisation of impacts within the river.

16. Employment displacement – avoid unnecessary displacement of economic activity

and employment caused by mining activity.

17. Housing – the avoidance of adverse impacts on housing, housing land and the quality

of life of communities.

18. Sustainable Transport – to help minimise the impact of traffic including accidents,

road surface degradation, traffic congestion and the impact of slow moving traffic.

19. Workplace accidents – to minimise worker accidents and deaths or serious injury to

others arising from unsafe working practices.

20. Plant and Buildings - to ensure that the plant and stock area are tidy, the plant and

buildings are well maintained, dust and noise are being controlled, and that the plant

is operated in accordance with restrictions imposed by the planning conditions.

21. External Appearance - To ensure that the entrance to the site and its environs are

clean and tidy, well sign-posted and fenced. Measures should be taken as far as

possible to ensure that site operations are screened to minimise their visual and

landscape impact. The overall objective is to ensure that the site blends with its

immediate surroundings.

22. Natural Resources – avoidance of harm to important nature conservation interests or

environments.

23. Community Liaison – To promote effective dialogue between mining companies and

the local communities in which they operate.

24. Community Liaison – To promote effective dialogue between mining companies and

the local communities in which they operate.

25. Quarry Plans – to ensure that all river mining and quarry sites in floodplains have

quarry plans and that these provide an effective guide for day to day operations, the

overall planning of mine and quarry development and as a basis for effective control.

26. License/Permit – To ensure that effective and up to date licenses and permits exist

for all sites and that operations comply with the requirements of those

licenses/permits.

This part of the Code of Practice consist of a number of performance indicators in the form of

simple questions, which amplify the objectives set out above and repeated in the checklist.

The questions should be answered reasonably in order to help ensure that operations are

managed to improve long term environmental performance.

Remedial action may be necessary where questions cannot be answered positively. In cases

where remedial action is not taken, the possibility of enforcement action being taken by the

relevant authorities may be more likely.

Some of the questions raise issues more relevant to the regulatory authorities since they

concern the overall location and form of mining activity but are included to help indicate

areas for discussion.

Issue Number: 1

Objective: Physical Contamination - Water Management To ensure that all aspects of

water usage and operations within the river or adjoining the river are managed to prevent pollution and clouding including avoidance of impacts on river quality, drinking, cooking and washing water.

Performance Indicator:

1. Has consideration been given to the amount of water and source of water used for supply to the processing plant to minimise impact on water resources?

2. Has consideration been given to the point of discharge of any dewatered

water or surplus process water and the means of discharge to prevent pollution to rivers, ditches or pools?

3. Are water recirculation systems (settlement ponds to remove suspended

solids and recover water for reuse in processing) used wherever possible in processing sand and gravel to minimise the use and wastage of water?

4. Are the plant site, settlement lagoons and circulation areas located away

from the river to reduce sediment release? 5. Are the plant site and circulation areas and their associated drainage water

controlled to prevent turbidity or suspended solids and grease/oil from entering the surrounding surface water?

6. If dewatering is undertaken, has consideration been given to minimise the

effect on neighbouring water bodies? 7. Do the discharges of water from the plant processing, dewatering and yard

drainage to surface and groundwater, ditches, streams, rivers and lakes have the necessary consents and do they avoid any pollution to those water bodies?

8. Is discharged water quality monitored on a regular basis (i.e. daily)? 9. Are silt lagoons bunded or fenced and have warning signs been erected (to

prevent accidents)?

Activity or Location: Exploration, Extraction, Processing, Transport and Restoration

Impact Group: Water

Issue Description: Pollution and clouding of rivers and other surface water by suspended solids or other pollution from escape of process water, flooding, disturbance of banks and river bed. Increase in the level of downstream water turbidity and effluents and changes in river flow as a result of river mining can have a significant effect on the quality of fish stock and access to suitable drinking, washing and recreational waters. The former will need to be monitored and accompanied by health programmes if found to pose a threat to the dietary tract. Response to the latter will be dependent on the existing supply of drinking and cooking water to neighbouring communities (e.g. piped and treated water or fresh water) and dependent on the level of reduction in supply if freshwater supply predominates. These factors should affect consideration of the supply and servicing of treated pumped or piped water from a water source unaffected by the proposed or existing mining activities.

Intervention Level: Technical, Policy

Minimum Acceptable Standard:

Meet with license conditions and satisfy NEPA requirements.

Best Practice Guidance:

Poor drainage management can lead to damage or destruction of existing environments and any restoration or rehabilitation efforts. Generally the best and most cost-effective erosion prevention method is good site design, the separation and containment of processing activities and the establishment of vegetation. Minimisation of the total disturbed area at any one time is an important factor in reducing erosion potential and transfer of suspended solids to adjacent surface waters. The rate of run-off increases dramatically following vegetation removal, hence the total area exposed should be kept to a minimum. Where practical, rehabilitation should be undertaken as soon as an area is worked out; to ensure that the total disturbed area is not increased. While vegetation is becoming established in rehabilitated areas, it may be necessary to employ other erosion prevention techniques. It is generally wise to retain any existing drainage controls, such as contour banks, rock filters and cut-off drains, upslope of the area being rehabilitated, to slow down surface run-off. A rough surface will capture more water and allow rainfall to infiltrate rather than flow directly downhill. Deep ripping may improve water infiltration, again reducing the flow of eroding water over the surface.

Issue Number: 2

Objective: Chemical Contamination (including oils, pesticides and metals) – the avoidance of

contamination of the water environment including adverse impacts on river quality, drinking, cooking and washing water.

Performance Indicator:

10. Are fuel and chemical storage tanks or drums correctly labelled, stored in a secure area and fully contained or bunded by an impermeable base and walls that would contain 110% of the tanks volume to prevent spillage?

11. Are all fixtures and fittings on the storage tanks enclosed within the bunding

wall? 12. Is maintenance of plant carried out away from the river or water and any

spillage or waste disposed of appropriately to prevent pollution? 13. Are storage and maintenance located away from areas prone to flooding? 14. Are any spillages cleared up and removed appropriately?

Activity or Location: Exploration, Extraction, Processing, Transport or Closure

Impact Group: Water

Issue Description: The spillage of oil or chemicals into rivers or water bodies causing pollution of the water environment and downstream water supply.

Intervention Level: Technical

Minimum Acceptable Standard:

Prevent escape of oil and chemicals into water.

Best Practice Guidance:

Sites should not accumulate rubbish; disused plant, waste oil, other waste materials or general rubbish: these should be removed for recycling or appropriate disposal as soon as possible. On-site sewage treatment should not result in the pollution of surface or groundwater and should be designed and constructed to appropriate standards. Fuel, lubricants, coolant, waste oil and waste chemicals must be stored in an approved manner such as surface tanks with impervious bunds to contain spillage, and located away from operating areas, natural or engineered drainage pathways, waterways and areas prone to flooding. The volumes of such materials stored on-site should be minimised by appropriate purchase or waste disposal control protocols. Specifications for storage will depend on the quantity and class of the material being stored. Above ground storage tanks with impervious bunds should be used in preference to underground storage tanks, as these reduce the risk of groundwater contamination. Bunding should be regularly tested, along with the integrity of storage vessels. Bund walls may also be used to divert storm water away from storage areas. Fluids released during machinery maintenance operations should not be spilled on the ground: this work should be undertaken on impervious pads with wash down sumps where the fluids can be captured and removed for appropriate disposal or recycling.

Issue Number: 3

Objective: Water Supply - to avoid the loss or reduction of water resources important to

communities or agriculture, including adverse impacts on river flow, groundwater levels and drinking, cooking, irrigation and washing water supply.

Performance Indicator:

15. Has consideration been given to the existing need for water in the area and the potential impact of river working to avoid adverse impact or minimise disturbance?

16. If dewatering of working in the river floodplain is undertaken, has

consideration been given to avoid lowering of water levels in adjoining land or water bodies?

17. Does the operation increase evaporation or reduce groundwater resources

used for drinking or other supply and can this be avoided? 18. Does the mining operation increase turbidity, pollution or other quality

reductions that prevent usage of water by local people and if so what steps can or are being taken to eliminate such impacts?

Activity or Location: Extraction, Processing, Closure or Restoration

Impact Group: Water

Issue Description: The reduction of available water supply to communities or agriculture or adverse

impact on water quality.

Intervention Level: Technical

Minimum Acceptable Standard:

Avoid serious adverse impact.

Best Practice Guidance:

To protect groundwater resources where these are being used by communities, it may be necessary to consider working above the water table, and leaving a suitably thick unsaturated zone above to act as a buffer to water flow and contamination. Flooding of pits in floodplain to form lakes may be considered as a means of the ultimate recovery/restoration in the volume of available water, but consideration needs to be given to increased evaporation.

Issue Number: 4

Objective: Boreholes – to prevent groundwater depression and contamination through the

selective use and control of deep boreholes into underlying geology.

Activity or Location: Exploration

Impact Group: Water

Issue Description: The depression of water levels in any underlying aquifer or introduction of contamination leading to impact on or loss of clean drinking water.

Intervention Level: Technical

Minimum Acceptable Standard:

No adverse impact on drinking water supply.

Best Practice Guidance:

Where practicable the use of boreholes should be limited to areas of no or limited population to avoid or minimise impacts on local populations (especially where knowledge of any local aquifer that may supply drinking or other water is limited). Boreholes should be grouted to prevent the migration of water, and backfilled as soon as they are no longer required to minimise the risk of contaminated surface water entering. Where they are required, lockable covers should be installed to prevent vandalism and the deliberate discharge of foreign materials into them.

Issue Number: 5

Objective: Release of wastes including sugar cane waste (erosion / flooding) – to prevent the

release of potentially polluting waste on adjoining land through mining activity.

Performance Indicator:

19. Has consideration been given to the locations of sugar cane or other important

waste? 20. Has care been taken to minimise the risk of the release of sugar cane waste

through the location of the mine or processing activity or through the design of cut off trenches or protective earth bunds at appropriate locations?

21. have the locations of metal or chemical wastes been considered and excluded

from any working locations or from potential impact from flooding?

Activity or Location: Exploration, Extraction, Processing, Transport or Closure (select one or more)

Impact Group: Water

Issue Description: Release of sugar cane waste though mining activity, causing wider pollution to water environment.

Intervention Level: Technical/Policy

Minimum Acceptable Standard:

Zero release of sugar cane waste through mining activity.

Best Practice Guidance:

Ensure that potential points of entry to surface waters are protected. Develop cooperative strategies with sugar cane operators to ensure best practice waste management and run-off control are implemented.

Issue Number: 6

Objective: Flooding – to ensure the avoidance of flooding of the mining operation or of

adjoining land uses or communities.

Performance Indicator:

22. Has consideration been given to the location of the site in relation to the

frequency of flooding, the likely floodplain or area affected? 23. Is there any flood warning system and measures to suspend or move

operations or plant to minimise consequent damage? 24. Does the location of the site avoid flood risk to communities, roads,

agriculture, waste stockpiles or other important land uses? 25. If not, are measures in place to protect adjoining land uses from flood risk

where this arises as a result of mining or where mining may affect or be affected by flooding?

26. Have measures been taken to reduce undue risk for particular activities, such

as the plant site, stockpiles or waste, outside of the areas of key risk or through the minimum of earth bunding?

27. Have measures been taken in site design and ongoing operation to minimise

the disturbance to the river bed by controlling the depth, area and other impacts on the river channel?

28. Have measures been taken to avoid disturbance to the river bank minimised

and have measures been taken to prevent erosion of those points? 29. Is the impact of the operation on the depth of the river, on the bank condition

and overall condition of river channel monitored on a daily basis? 30. Where damage to the river bed, banks or channel is evident through

monitoring, have measures been taken to correct that damage and ensure it does not recur?

31. Is there an effective commitment to clear up any adverse consequences to

adjoining land uses through flooding caused by mine activity?

Activity or Location: Exploration, Extraction, Processing, Closure

Impact Group: Water

Issue Description: The flooding of mining sites can lead to significant release to the water environment and surrounding land of mine waste and potential pollution. Insensitive mining activity can lead to land erosion or increased flood risk to adjoining land and communities.

Intervention Level: Policy, Technical, Land Use.

Minimum Acceptable Standard:

Minimisation of any increase in flood risk or the severity of the likely consequences of flood caused by mining activity.

Best Practice Guidance:

Implement best practice in river mining as per this and other related documents. Also, provide flood warning systems, assessing the risk of flooding on any area and advising planning authorities on flood risk

Issue Number: 7

Objective: Waste Management - To minimise the production of waste and ensure that the

disposal of such waste is in accordance with legal requirements.

Performance Indicator:

32. Are degradable wastes stored in enclosed bins and disposed at an appropriate

waste site? 33. Are scrap waste stockpiles kept to a minimum and located in a suitable

screened area? 34. Are waste oils stored in a contained/bunded area and collected for recycling? 35. Have all the necessary waste disposal licences been obtained for any

degradable wastes landfilled within the site? 36. Have steps been taken to minimise the production of all wastes on site? 37. Has action been taken to prevent fly-tipping anywhere within the site or on

the site boundary? 38. Where fly-tipping has occurred, has action been taken to remove the dispose

of the waste as a licensed landfill site? 39. Are inert waste (overburden, reject mineral) stored safely and used in site

restoration?

Activity or Location: Exploration, Extraction, Processing, Transport or Closure (select one or more)

Impact Group: Land

Issue Description: Control of waste arising from the site to avoid pollution, unsightly rubbish piles, scavenging and health impacts.

Intervention Level: Technical

Minimum Acceptable Standard:

Effective control of waste.

Best Practice Guidance:

Sites should not accumulate rubbish; disused plant, waste oil, other waste materials or general rubbish: these should be removed for recycling or appropriate disposal as soon as possible. On-site sewage treatment should not result in the pollution of surface or groundwater and should be designed and constructed to appropriate standards. Fuel, lubricants, coolant, waste oil and waste chemicals must be stored in an approved manner such as in drums or surface tanks with impervious bunds to contain spillage, and located away from operating areas, natural or engineered drainage pathways, waterways and areas prone to flooding. The volumes of such materials stored on-site should be minimised by appropriate purchase or waste disposal control protocols. Specifications for storage will depend on the quantity and class of the material being stored. Above ground storage tanks with impervious bunds should be used in preference to underground storage tanks, as these reduce the risk of groundwater contamination. Bunding should be regularly tested, along with the integrity of storage vessels. Bund walls may also be used to divert storm water away from storage areas. Fluids released during machinery maintenance operations should not be spilled on the ground: this work should be undertaken on impervious pads with wash down sumps where the fluids can be captured and removed for appropriate disposal or recycling. Any hazardous materials stored or used on-site should only be disposed of at designated sites.

Issue Number: 8

Objective: Dust – to avoid the generation of dust from site activity and minimise the consequences of dust affecting nearby communities and land uses.

Performance Indicator:

40. Where buffer zones or margins have been designated, have they been left in accordance with license conditions and are there markings to limit the extent of mining operations?

41. Are site roads signposted to give speed limit indications, directions and

safety warning? 42. Are site road signs kept clean and well maintained? 43. Have the site entrance and weighbridge access roads been suitably surfaced

and kerbed and are they free of standing water? 44. Are the site roads adequately drained and maintained? 45. Is dust controlled when necessary in dry conditions using a water bowser or

other damping agent? 46. Has action such as the provision of wheel cleaning facilities or a contract for

regular road sweeping been taken to ensure that mud and dust are not carried onto the public highway?

47. Are lorries sheeted when using public roads to prevent escape of dust and

sand and gravel? 48. Has tree planting or vegetation been used to screen the site, reduce wind

blow and act to help filter out airborne dust?

Activity or Location: Extraction, Processing, Transport

Impact Group: Air

Issue Description: Escape of dust into surrounding land uses and communities, causing surface soiling.

Intervention Level: Technical

Minimum Acceptable Standard:

Minimise off site dust occurrence.

Best Practice Guidance:

Continually sprinkling the quarrying environment with water; can serve to contain the fine material and ensure minimal dusting. Ensuring that haulage vehicles are properly covered and material hauled is dampened; this can offer an effective solution for reducing airborne dust and dust spillage while material is in transit. Ensuring that haulage vehicles are equipped with functional tailgates. Slow site speed and damping of haul roads. Site design to retain buffer distances and vegetation.

Issue Number: 9

Objective: Fumes – minimise impact of vehicle fumes.

Performance

Indicator: 49. Is the plant maintained on a regular basis and is it free from visible or other

fumes?

Activity or Location: Exploration, Extraction, Processing or Transport (select one or more)

Impact Group: Air

Issue Description: Emission of vehicle fumes, especially where vehicles are badly maintained and burn excessive oil.

Intervention Level: Technical

Minimum Acceptable Standard:

Minimisation of emissions through effective maintenance of plant and equipment.

Best Practice Guidance:

Routine maintenance of quarrying equipment – ensuring that trucks and industrial machinery are in proper working condition to minimise avoidable exhaust fumes.

Issue Number: 10

Objective: Noise – to ensure that the effects of noise and vibration on the environment and

the local community are minimised and kept within acceptable levels.

Performance Indicator:

50. Where plant and machinery are operating near communities or houses or other sensitive properties, has action been taken to minimise any impact of noise and vibration?

51. Have silencers been installed to static motors and mobile plant? 52. Where appropriate, have reversing alarms been fitted? 53. Have rubber linings and suspension systems been used on vehicles, chutes

and hoppers? 54. Have noise monitoring surveys been undertaken or the operation or

proposals discussed with neighbours? 55. Are plant and noise operations located well away from houses or sensitive

land uses and are they screened from view by soil mounds, fencing or other solid barriers (which also reduce sound)?

56. Are the operating hours within the normal working day to avoid night or

evening disturbance?

Activity or Location: Exploration, Extraction or Processing

Impact Group: Physical

Issue Description: Disturbance is created to the local community, to houses, schools or tourist facilities that results in nuisance or irritation, preventing the enjoyment of normal living conditions and harming quality of life.

Intervention Level: Technical

Minimum Acceptable Standard:

Avoid unacceptable noise to local communities and site operatives (generally operations should be below World Health Organisation recommended limits)

Best Practice Guidance:

Ensure regular monitoring of noise. Plan operations so noise activities are away from houses or communities. Maintain plant and equipment and ensure appropriate silencing. Coincide audible activities such as crushing, generator use, loading etc. with peak operation times when there are periods of high ambient noise. Provide a “buffer zone” between operations and settlements and use screen bunds and solid fences where needed to reduce noise at sensitive locations.

Issue Number: 11

Objective: Incision – minimise the impact of river mining on the river channel and prevent

progressive erosion up stream.

Performance Indicator:

57. Is working in accordance with licensed/permitted area and relevant conditions?

58. Does the permit or license limit the depth, area and rate of removal of sand

and gravel resources from the river bed and is working in accordance with these controls?

59. Has a sediment balance or budget been undertaken and is the rate of

extraction less than the rate of natural deposition from upstream sediment erosion (not erosion from man made channel migration or incision) in order to maintain a long term materials balance?

60. Is regular monitoring of the river channel undertaken and if any erosion or

incision is apparent, are steps taken to remedy the situation? 61. Is regular monitoring of sediment levels upstream and downstream

undertaken and measures undertaken to reduce or eliminate unnecessary sediment release into the river?

62. If the problem is persistent, has any review of the license/permission

conditions or quarry plan been undertaken to remedy situation and prevent recurrence?

63. Should working be restricted to the higher terrace of the river channel

above the normal water table (sometimes known as bar skimming – Roell, 1999), with buffer separation between the low flow channel and further separation with the active river bank?

64. Has consideration been given to floodplain mining as alternative to river

mining, with buffer between the mine and river to protect the channel and minimise the risk of the capture of the mine by the river during flood events?

Activity or Location: Extraction or Closure

Impact Group: Physical

Issue Description: The progressive deepening (incision) of the river channel both upstream and

downstream of the mine operation caused by poorly controlled river mining, leading to potentially widespread erosion of banks, river bed and associated structures and habitats, including unpredicted loss of land, pipelines, roads and bridges. It also leads to greater sedimentation down stream and resultant disruption to the river environment, fishery or tourist potential and degradation of habitat. The effects of incision have been well documented (Roell, 1999, Kondolf 1997). Excavation in the bed of the river tends to increase the energy in the river by increasing the rate of fall. This speeds the resultant rate and extent of bed erosion and the migration of bed degradation, particularly upstream, together with increased sediment and potential erosion downstream. Removal of material from the channel (including that above the water table) increases potential flow capacity (possibly seasonal if above normal water table) and reduces potential flow speed and resulting sediment load, which then increases the scouring effect further downstream as speeds increase, leading to higher than normal erosion.

Where in channel river mining is to continue a possible rate of extraction of 50% of the replenishment rate has been suggested, based on a sediment budget approach (Kondolf 1997 and North Carolina Chapter of the American Fisheries Society, 2002).

Intervention Level: Technical, Policy

Minimum Acceptable Standard:

Avoidance of undue erosion.

Best Practice Guidance:

Consider alternatives to in stream river mining. Where in stream mining occurs, undertake sediment budget to maintain materials balance in river system, avoid deepening channel and maintain buffers along river bank. Keep all accesses and egress to minimum and keep plant away from river channel. Maintain natural continuity of sediment transport through the river system by implementation of best practice river mining. Monitor sediment levels, any incision and bank erosion in vicinity of working and undertake remedial work to stabilise, avoid further working in that area.

Issue Number: 12

Objective: Bank erosion – to prevent the erosion of the river bank and channel, change in

river course or the progressive migration of the nick point up stream.

Performance Indicator:

60. Is working in accordance with licensed/permitted area and relevant

conditions? 61. Is regular monitoring of the river channel undertaken and if any erosion or

incision apparent are steps taken to remedy the situation? 62. If the problem is persistent, has any review of the license/permission

conditions or quarry plan been undertaken to remedy situation and prevent recurrence?

Activity or Location: Extraction, Processing, Transport

Impact Group: Physical

Issue Description: Where there is damage to the river bank, though actual mining of the bank or by

unrestricted access and egress from the river channel by heavy vehicles, the erosion of the river bank and its accelerated migration up and down stream can occur. The character of the river changes and the river may in some cases move its course, leading to erosion of land, roads and bridges. There are also downstream impacts arising from increased turbidity and sedimentation affecting rivers and estuaries.

Intervention Level: Technical

Minimum Acceptable Standard:

Minimal impact on the river bank and channel with no significant erosion.

Best Practice Guidance:

Maintain natural continuity of sediment transport through the river system by implementation of best practice river mining. Minimise access and egress points from river. Maintain a buffer zone either side of river banks to maintain their integrity. Do not undermine channel by extracting from or below banks. Protect vulnerable banks and remedy erosion where apparent. Review operations if this persists.

Issue Number: 13

Objective: Livestock – to ensure minimum loss of livestock during mining operations and

restoration of farming areas following closure of mines.

Performance Indicator:

63. Does the site include existing or former agricultural land used for livestock and if so has the farmer been recompensed for loss of land?

64. Is there provision for progressive restoration of the floodplain agriculture

following mining activity? 65. Does the site adjoin agriculture where livestock are present and if so is the

site adequately fenced to prevent ingress of livestock and their possible loss?

Activity or Location: Extraction, Processing, Transport

Impact Group: Socio-livelihoods

Issue Description: Livestock may be lost or reduced as a result of legal or illegal infringement by the mine operators on existing farm land or from mine operators killing the cattle or the cattle being involved in a mine related accident.

Intervention Level: Policy, land use, planning and technical.

Minimum Acceptable Standard:

The overall balance of agricultural and mining interests, including interim compensation (income, land or animals) to maintain production and long term restoration of the land.

Best Practice Guidance:

Land loss, if unsanctioned, must be curtailed by official agencies. If sanctioned, then comparable land-in-kind or fair and clearly defined compensation mechanisms must be implemented. Loss of livestock through accidents can be mitigated through the construction and maintenance of an impenetrable boundary fence.

Issue Number: 14

Objective: Cultivated land (food and fuel) – to ensure that there is no long term loss of

productive farmland as a result of mining unless this is unavoidable and to ensure that impacts during mining are controlled.

Performance Indicator:

66. Does the site include existing or former agricultural land and if so has the farmer been recompensed for loss of land?

67. Is there provision for progressive restoration of the floodplain agriculture

following mining activity? 68. Is the quality of the land restoration sufficient to support productive

agriculture?

Activity or Location: Extraction, Processing, Transport

Impact Group: Socio-livelihoods

Issue Description: Loss of farmland to mining operations through extraction, in the absence of effective restoration.

Intervention Level: Policy, technical and land use, planning

Minimum Acceptable Standard:

Avoidance of permanent loss of productive farmland to mining.

Best Practice Guidance:

Encroachment by the mine operators on productive farmland, if unsanctioned, must be curtailed by official agencies. If sanctioned, then comparable compensation or land-in-kind should be provided (which could include payments to the farmer). Failing this, a fair and clearly defined compensation mechanism must be implemented. This compensation mechanism needs to include instruction on budgeting and investing the compensation sums to the beneficiaries/farmer. Following mine closure the land should be restored on a progressive basis to productive agriculture.

Issue Number: 15

Objective: Fishing and fish stock – the avoidance of adverse impacts on fishing and river

ecology by the minimisation of impacts within the river.

Performance Indicator:

69. Has consideration been given to the incidence of fishing or related activities within the area of the mine?

70. Is there any adverse impact on fishing, due to turbidity, bank erosion or other

activity and if so, have measures been taken to reduce or eliminate these impacts?

71. Is working in accordance with licensed/permitted area and relevant

conditions? 72. If the problem is persistent, has any review of the license/permission

conditions or quarry plan been undertaken to remedy situation and prevent recurrence?

Activity or Location: Exploration, Extraction, Closure

Impact Group: Socio-livelihoods

Issue Description: Increase in the level of downstream water turbidity and effluents and changes in

river flow as a result of river mining can have a significant effect on the level of fish stock and access to suitable fishing waters.

Intervention Level: Technical

Minimum Acceptable Standard:

Minimisation of impact on fishing by avoidance of unacceptable levels of turbidity or other pollution.

Best Practice Guidance:

The best solution is the elimination or reduction in water turbidity or the other factors affecting fishing. This should be undertaken by following the principles for water management and minimisation of working in the river channel. Where river mining and reliance on fishing as a means of livelihood or sustenance is particularly concentrated compensation for loss of livelihood must be considered.

Issue Number: 16

Objective: Employment displacement – avoid unnecessary displacement of economic

activity and employment caused by mining activity.

Performance Indicator:

73. Has consideration been given to the presence of other economic or employment interests and the potential impacts of the mining operation on them?

74. Has this been quantified and consulted upon? 75. Is there any adverse impact that conflicts with other economic activities (e.g.

on fishing, or tourism) and if so, have measures been taken to reduce or eliminate these impacts?

76. If the problem is persistent, or if there is an inherent conflict has

consideration been given to refusal of the license or review of the license/permission conditions or quarry plan to remedy situation and prevent recurrence?

Activity or Location: Extraction, Processing, Transport, Closure

Impact Group: Socio-livelihoods

Issue Description There is potential for mining activity to conflict with other land uses such as

tourism, agriculture or fishing and potential for consequent loss of employment in these other businesses if this is not resolved. While in most cases the issue can be avoided by careful planning, design and conditioning/control of mining operations, there may be cases where this is not adequate and consideration needs to be given over which activity should prevail.

Intervention Level: Policy, Land use and planning

Minimum Acceptable Standard:

Consideration should be explicitly given to different economic interests and employment and any potential conflicts minimised.

Best Practice Guidance:

Minimise the adverse impacts arising from mining activity. Undertake an analysis of alternative economic activity and employment and the impact of displacing existing employment. Utilise available local skills and give the community (regardless of political affiliation, social grouping) priority for employment opportunities. The most likely form of employment displacement will involve agricultural or fishing activities through encroachment and water pollution. In this case, the aforementioned livelihood mitigation measures will also be relevant. For other activities e.g. tourism, avoidance, mitigation or compensation mechanisms should be considered.

Issue Number: 17

Objective: Housing – the avoidance of adverse impacts on housing, housing land and the

quality of life of communities.

Performance Indicator:

77. Has consideration been given to the presence of housing in the location, design and layout of the mine/quarry and plant site and the potential impacts of the mining operation on them?

78. Is monitoring undertaken of the operation of the site in order to avoid

adverse impacts on housing and communities? 79. Is the operation of the site in accordance with the quarry plan and the

relevant conditions of the license/permission? 80. If there are persistent problems, or if there is an inherent conflict has

consideration been given to refusal of the license or review of the license/permission conditions or quarry plan to remedy situation and prevent recurrence?

Activity or Location: Extraction, Processing, Transport

Impact Group: Socio-livelihoods

Issue Description: Encroachment by the mine operators on existing housing or housing land and the

quality of life of communities.

Intervention Level: Policy, Land use and planning, Technical

Minimum Acceptable Standard:

To ensure that there is no encroachment on housing without fair and reasonable compensation and to ensure that the right to enjoy a good quality of life by local communities is protected.

Best Practice Guidance:

The best practice would be to avoid existing established housing areas and communities and to ensure that they are safeguarded by a protective buffer zone within which no mining should take place. Further measures as detailed in this code should also be adopted (e.g. to control noise and dust). Encroachment by the mine operations on existing housing or housing land, if unsanctioned, must be curtailed by official agencies. If sanctioned, then comparable housing and land-in-kind should be provided. Failing this, a fair and clearly defined compensation mechanism must be implemented. This needs to include instruction on budgeting and investing the compensation to the beneficiaries.

Issue Number: 18

Objective: Sustainable Transport – to help minimise the impact of traffic including

accidents, road surface degradation, traffic congestion and the impact of slow moving traffic.

Performance Indicator:

81. Are appropriate traffic routes being used which avoid sensitive areas and

unsuitable roads where practicable? 82. Is the mine/quarry as close as possible to potential markets? 83. Has action been taken to ensure that drivers obey speed limits and behave in

a reasonable manner? 84. Are quarry vehicles loaded correctly and are steps in place to ensure vehicles

are not over their permitted weight limits? 85. Are vehicles adequately maintained, with particular checks on brakes and

other essential equipment? 86. Are transport vehicles maintained and equipped so as to minimise fuel

consumption and exhaust emissions? 87. Are vehicles loads sheeted and have effective tailgates to avoid accidental

spillage?

Activity or Location: Transport

Impact Group: Socio-economic

Issue Description: The presence of heavily laden mine and quarry traffic can have a significant impact on the road system and its other users. In Jamaica, frequent broken down vehicles, many visibly over their permitted weight lead to congestion and where they use routes repeatedly, lead to break up of the surface and strain on bridges.

Intervention Level: Policy, Land use and planning, Technical

Minimum Acceptable Standard:

To ensure that the effects of quarry or mine traffic are minimised.

Best Practice Guidance:

Careful consideration should be given to the location of mine and quarry sites to ensure that the distances travelled by quarry traffic are minimised and use the most suitable roads. Depending on the scale of operation, existing roads may be unable to accommodate extensive and sustained truck traffic and will demand an upgrading and expansion programme. This could be co-ordinated with other land use priorities and investment to maximise benefits and likelihood of investment. Once operational, appropriately maintained, loaded and driven vehicles help to minimise adverse impacts.

Issue Number: 19

Objective: Workplace accidents – to minimise worker accidents and deaths or serious

injury to others arising from unsafe working practices.

Performance Indicator:

88. Where the extraction area is separate from the main production area, is it

securely fenced? 89. Is working proceeding according to the quarry plan? 90. Is the site worked in benches with appropriate width and height, to avoid

high faces and ensure bench stability? 91. Are material stockpiles in a stable condition and suitably located? 92. Is the working proceeding in accordance with the relevant conditions of the

license or permission? 93. Where the working is within the river channel have steps been taken to

ensure that the banks and river margins are left in tact and that the channel is protected from erosion/undercutting?

94. Are silt ponds or areas of unstable ground signed and securely fenced to

avoid accidents? 95. If the access road to the excavation is adjacent to the quarry edge, have

safety bunds been provided in accordance with safety regulations? 96. Have quarry faces been left in a safe condition? 97. Are all protective guards on quarry/mine equipment in good condition and

securely fixed in place? 98. Are working areas well lit (when in dark or evening conditions), tidy and

free of obstruction? 99. Are there notices warning of the presence of the quarry, the danger and how

to avoid it and such signs clean and give clear instruction to staff and visitors?

100. Are all staff trained to use equipment safely at all times including

maintenance work? 101. Are plant and vehicles adequately maintained and checked? 102. Are the Company Policy and any Manager’s Rules on Health and Safety

displayed, followed and monitored? 103. Have all risks to be the public and visitors been identified and controlled? 104. Are all site staff aware of the relevant health and safety information and are

they working in the spirit of the regulations?

Activity or Location: Exploration, Extraction, Processing, Transport, Closure

Impact Group: Socio-health

Issue Description: Deaths and serious injury in the workplace, through uncontrolled access of

people and animals to mine and quarry sites and through unsafe practices leading to off site injury (e.g. land instability or road accidents).

Intervention Level: Technical

Minimum Acceptable Standard:

Compliance with relevant health and safety controls.

Best Practice Guidance:

There is well-established existing technical guidance on mineworker health and safety both within Jamaica and internationally. These guidelines concern such issues as using hard-hats, operating machinery, sounding warnings, traffic speed, worker age and experience, training etc. The problem in Jamaica, as in many other developing countries, is that such guidelines are often ignored or regarded as a hindrance to core operations. Implementation, monitoring and enforcement of these guidelines remain the overriding challenge.

Issue Number:

20

OBJECTIVE:

Plant and Buildings To ensure that the plant and stock area are tidy, the plant

and buildings are well maintained, dust and noise are being controlled, and that the plant is operated in accordance with restrictions imposed by the planning conditions.

Performance

Indicator:

105. Are all site staff aware of the relevant health and safety information and are

they working within the regulations? 106. Have the plant and buildings been maintained and has any necessary repair

and repainting work been carried out? 107. Is the plant noisy, poorly silenced or producing excessive fumes and if so are

measures in hand to remedy such problems? 108. Have damaged conveyor, plant or building panels and broken windows been

removed and replaced? 109. Is the plant and stock yard area tidy? 110. Is dust from mobile or fixed plant and equipment effectively controlled? 111. Is the general external appearance of the site office good? 112. Are the buildings clean and cared for internally? 113. Are the toilet facilities clean and adequate for visitors? 114. Is there adequate parking for staff and visitors and is it clearly signposted

and safely located? 115. Are site records such as operational plans, planning permissions, site

licenses and safety procedures available at the site office?

Relevant Activity or Location

exploration, extraction, processing, waste disposal, transport

Impact Group: physical, human health, quality of life, economic

Issue Description: Poorly maintained plant sites are both inefficient and a cause of danger and nuisance to people working at the site or living nearby. Breakdowns, accidents, inefficient production and general disturbance through noise, dust and other impacts arise where equipment is old and poorly maintained. Maintenance is therefore, central to the control of many of these impacts and helps ensure operations are acceptable. A well maintained site, with adequate facilities for employees and visitors is likely to engender more respect and care for the working and external environment, benefiting the workforce and community.

Intervention Level: Technical

Minimum acceptable standard

To maintain all plant and buildings in good condition with appropriate silencing.

Best Practice Guidance:

To choose items of plant and machinery and quarrying techniques that minimise adverse environmental impacts and maintain this to high standards according to

manufacturer’s specifications.

Issue Number: 21 OBJECTIVE: External Appearance - To ensure that the entrance to the site and its

environs are clean and tidy, well sign-posted and fenced. Measures should be taken as far as possible to ensure that site operations are screened to minimise their visual and landscape impact. The overall objective is to ensure that the site blends with its immediate surroundings.

Performance

Indicator:

116. Is dust from mobile or fixed plant and equipment effectively controlled? 117. Does the site boundary fencing, entrance and general external appearance

blend with the surrounding countryside? 118. Have steps been taken to reduce the effect of the site visibility and noise,

dust and smell beyond the site boundaries? 119. Have screening bunds been placed to minimise the visual impact of the

access road, plant buildings and extraction area? 120. Have screening bunds been grass seeded and kept free of weeds? 121. Have tree and hedge planting or the retention of forest or vegetation

features been incorporated into the site design to assist in screening? 122. Are the entrance gates and boundary fences in a good condition? 123. Has a site entrance sign been erected and is it visible, clean and will

maintained? 124. Has any shrub or tree planting been undertaken to enhance the entrance? 125. Have any screening, planting or grassed areas at the site entrance and/or

boundaries been maintained?

Relevant Activity or Location

extraction, processing, waste disposal, transport and closure

Impact Group: quality of life, livelihoods, economic

Issue Description: Visual impact of river mining and the associated plant, equipment, physical disturbance and quarry areas can be significant and degrade the landscape or visual quality of significant areas, an issue important to quality of life and tourism. This often combines with noise or dust to create a significant overall impact.

Intervention Level: All - reactive technical, proactive technical, planning & land use and policy.

Minimum acceptable standard

Provision of minimum level of screening to avoid obtrusive operations.

Best Practice Guidance:

Consult the community on those aspects of the project that they find most aesthetically intrusive or unsightly. Avoid particularly sensitive landscapes (i.e. important for tourism). Effective screening of all boundaries to conceal plant, buildings and working areas from public view (planting several rows of fast-growing trees or use of grassed earth mounds or fences at Policy locations where mining activity is to occur). Design of quarry layout to minimise views into the site. Excavated river beds and surrounding land/plant sites should be restored following mine activity so as not to permanently scar the terrain.

Issue Number: 22 OBJECTIVE: Natural Resources – avoidance of harm to important nature

conservation interests or environments.

Performance Indicator:

126. Has an assessment been undertaken of the proposed site and its

surroundings to identify any areas of important nature conservation habitat and have operations been planned to avoid any direct or indirect conflict with such sites?

127. Has an assessment been undertaken of the proposed site and its

surroundings to identify any protected or important species and have operations been planned to avoid any direct or indirect conflict with such sites?

128. Has an assessment been undertaken of the proposed site and its

surroundings to identify any areas of importance for recreation or tourism and have operations been planned to avoid any direct or indirect conflict with such sites?

129. If such sites are present upstream or downstream or in the immediate

vicinity of the site, what is the risk to those sites arising from the operations and can they be adequately controlled through appropriate mitigation (e.g. protective buffer zones)?

Relevant Activity or Location

Exploration, Planning, Extraction and closure

Impact Group: Physical, quality of life, nature

Issue Description: Physical disturbance, visual impact and possible river channel erosion can lead to loss of important habitats and species both in the immediate environment of the mine or as sediments and other off site effects promote changes in the surrounding area. Impacts can arise from direct habitat loss through mine construction to indirect impacts, where increased sediment levels threaten fish and plant communities, dust coats plants and crops and transport introduces disturbance to otherwise quiet areas. The location, design and operation of river mining and the associated plant, equipment, physical disturbance and quarry areas can be important and degrade the environment of significant areas if they are not properly controlled, an issue important to quality of life and tourism. This often combines with noise or dust to create a significant overall impact.

Intervention Level: Policy, Planning & land use and Technical.

Minimum acceptable standard

Provision of land restoration to beneficial afteruse.

Best Practice Guidance:

Operations should be planned with full knowledge of the character and quality of the surrounding area, the habitats and species present and likely to be affected. The assessment should go beyond the area of immediate physical disturbance and consider of site effects, upstream or downstream, or along the haulage route, that may pose a risk to sensitive or important features.

Issue Number: 23 OBJECTIVE: Restoration and Afteruse – To ensure that the land is restored to an

appropriate condition that enables its beneficial afteruse.

Performance Indicator:

130. Is restoration proceeding according of the operational plan and the

requirements of the planning permission? 131. Has an after care scheme been prepared and submitted to the government

where appropriate? 132. Where appropriate, is the restoration phased with the mineral extraction? 133. Are topsoils, subsoils and overburden stored separately? 134. Have soils been handled only when in a dry and friable condition? 135. Have recommended machinery and soil handling methods to minimise

solid compaction been followed in solid stripping, storage and placement operations?

136. Do the restored area appear cared for and well managed? 137. Has action been taken to deal with problems of discolouration, dieback,

waster-logging or settlement in the restored areas? 138. Are detailed restoration and farming management records being

maintained? 139. Has land drainage been installed where appropriate? 140. Has tree and hedge planting been undertaken? 141. Have conservation areas been developed? 142. Does restoration blend with the surrounding landscape and land uses? 143. Have the banks of any restored lakes and/or of the river channel been

designed and protected against water erosion?

Relevant Activity or Location

Extraction and closure

Impact Group: Physical, quality of life, livelihoods, economic

Issue Description: Visual impact of river mining and the associated plant, equipment, physical disturbance and quarry areas can be significant and degrade the landscape or visual quality of significant areas, an issue important to quality of life and tourism. This often combines with noise or dust to create a significant overall impact.

Intervention Level: Policy, Planning & land use and Technical.

Minimum acceptable standard

Provision of land restoration to beneficial afteruse.

Best Practice Guidance:

Operations should be planned with restoration and afteruse in mind. This can be to ensure the continued integrity of the river and its channel or where working

involves the floodplain for the plant site or for mining or quarrying can be for agriculture, tourism, lakes, fishing or nature conservation/wildlife. Where working is of the river terrace, operations should follow the quarry plan and be in phases so that progressive restoration of worked out areas can take place. Where working the floodplain, soils should be removed carefully before sand and gravel is extracted and the soil should be stored in earth bunds or mounds for reuse in restoration. Soils can form useful screen bunds to help visually screen mining operations. As part of restoration soils should be replaced where restoration is dry (i.e. above the groundwater level) or can form gently graded margins to lakes where extraction is below the water level. The aim should be to provide an ongoing use for the land or for the long term integrity of the river, once mining has ceased.

Issue Number: 24 OBJECTIVE: Community Liaison – To promote effective dialogue between mining

companies and the local communities in which they operate.

Performance Indicator:

144. Are there any links with the community? 145. Has any contact been made with the local community to discuss proposals

or ongoing operations? 146. Are the relevant company managers or site owner identified on signs at the

site to allow local people to contact him/her? 147. Is there any regular meeting between representatives of the community and

the company to resolve problems or issues without delay or antagonism? 148. Have copies of the relevant permissions/licenses and quarry plans been

made available to local organisations or people and are they available for inspection at the site?

149. Do staff have an understanding of the environmental aspects of their

activities and how the can assist in reducing their impact?

Relevant Activity or Location

Extraction and closure

Impact Group: Quality of life, livelihoods, economic

Issue Description: Many of the potential impacts arising from river mining or quarrying in the floodplain impact on the local community, on agriculture and other local economic interests, such as tourism. These issues can be resolved through effective dialogue so that both the interests of the mining company and those of the local community can be protected. Discussion often helps people understand mining operations and the need for them and helps companies understand what local people feel is important to them. Through discussion and a flexible approach, mining can be an accepted part of community life.

Intervention Level: Planning & land use and Technical.

Minimum acceptable standard

Provision of key information and some effective consultation/dialogue.

Best Practice Guidance:

Details of the site manager/owner (name, telephone number, work address) should be displayed at the site entrance so that people can make contact. Copies of the quarry plan and relevant permissions/licenses should be displayed at the site office and access should be made available to them either there or at another place in the local area (library or council office). Consideration should be given to forming local liaison groups where members of the community and the mining company meet at regular intervals (quarterly or six monthly) to review the operations and any issues arising.

Issue Number: 25 OBJECTIVE: Quarry Plans – to ensure that all river mining and quarry sites in floodplains

have quarry plans and that these provide an effective guide for day to day operations, the overall planning of mine and quarry development and as a basis for effective control.

Performance

Indicator:

150. Is there a Quarry Plan that shows in plan form and in written text how the

mine or quarry is proposed to be developed and operate? 151. Does this show the overall layout of the site and all key elements of

infrastructure (e.g. extraction areas, location of plant sites, buffer zones and areas to be retained where no working is to take place) and nearby sensitive features?

152. Is the Quarry Plan kept under review and are any amendments notified to

government and regulating agencies and to local community? 153. Are employees aware of the Quarry Plan and familiar with its contents so

far as it affects their areas of responsibility? 154. Outside of their direct areas of responsibility, are employees familiar with

the overall approach that is intended and who to contact should problems or issues arise?

155. Is the Quarry Plan discussed on a regular basis and monitored against

operations with the regulating agencies?

Relevant Activity or Location

Extraction, Processing, Traffic and Closure

Impact Group: Physical, Health, Quality of life, Livelihoods, Economic

Issue Description: Many of the issues arising from mining or quarrying activity can be predicted and measures planned to ensure that the risk of problems arising is minimised. This is best undertaken through the preparation of a Quarry Plan which can then form the basis of successful license/permit applications, conditions and ongoing employee training and operation.

Intervention Level: Planning & land use and Technical.

Minimum acceptable standard

Provision of key information on quarry design, layout and operation.

Best Practice Guidance:

It is usual in Jamaica for Quarry Plans to set out the geology and basic information on the operations proposed, but in order to address fully the overall impact of quarrying/mining further information is required. The preparation of a Quarry Plan should start from the pre development state and address all relevant site constraints and opportunities, including all of the key environmental impacts and how they are proposed to be addressed during operation. The Quarry Plan should detail how the site is to be developed initially, the mining process and ongoing phasing of operations. The Quarry Plan should contain a site location plan, an overall site layout plan (showing all relevant infrastructure and features and the maximum extent/limit of working), a restoration plan (showing how and when each phase is to be restored to a beneficial afteruse) and cross sections showing the depth of working and nature of any bank treatment where working is within the river channel. The Quarry Plan should also detail the health and safety and environmental monitoring and controls to be adopted.

Issue Number: 26 OBJECTIVE: License/Permit – To ensure that effective and up to date licenses and

permits exist for all sites and that operations comply with the requirements of those licenses/permits.

Performance

Indicator:

156. Does the site have a valid copy of all of the necessary licenses/permits? 157. Are copies of the licenses/permits kept on site for inspection? 158. Are employees familiar with the contents so far as relevant to their work? 159. Is there a clear line of responsibility for site employees to ensure that they

are aware of the need for compliance and any remedial steps that may need to be taken where any conditions are breached?

160. Are the conditions up to date and relevant to the operation of the

mine/quarry or do they need to be reviewed? 161. Are the conditions consistent with the Quarry Plan?

Relevant Activity or Location

Extraction, Processing, Traffic and closure

Impact Group: Physical, Health, Quality of life, livelihoods, economic

Issue Description: The general failure of operations to have effective regard to permit conditions or understand the potential impacts on the environment. Compliance with conditions of any license or permit is essential to the minimisation of adverse impacts on the environment and communities.

Intervention Level: Planning & land use and Technical.

Minimum acceptable standard

Full compliance.

Best Practice Guidance:

Regular and frequent audits by an appropriate site manager is the best way of ensuring compliance with conditions. A good working knowledge by site employees helps day to day compliance.

For more information contact:

Steven Fidgett,Alliance Environment and

Planning Limited,276 High Street, Guildford

Surrey GU1 3JLUnited Kingdom

Tel: +44 (0)1483 579098Fax: +44 (0)1483 504399

e-mail: [email protected]

AllianceEnvironment & Planning Ltd