CLAIM: GOVERNMENT has gazetted new regulations banning mining activities by individuals granted special permits in response to the environmental damage caused by alluvial mining along several rivers.
SOURCE: NewsDay
VERDICT: True
In a story headlined Govt bans alluvial mining, published on 2 December 2024, the NewsDay, a private daily newspaper claims that the government has gazetted new regulations banning alluvial mining along the country’s rivers.
‘GOVERNMENT has gazetted new regulations banning mining activities by individuals granted special permits in response to the environmental damage caused by alluvial mining along several rivers,’ reads the lead of the NewsDay article.
The publication cites recently gazetted Statutory Instrument 188 of 2024, further claiming the law indicates that anyone found violating the regulations will be guilty of an offence and liable to a fine not exceeding level 14, imprisonment for up to 12 months, or both a fine and imprisonment.
Statutory Instrument (SI) 188 of 2024 (Environmental Management (Control of Alluvial Mining) (Amendment) Regulations, 2024 (No. 3)),) prohibits with immediate effect alluvial mining activities and the prospecting for alluvial deposits in or along any river or public stream.
Section 3 (1) of the SI reads in part, ‘No person shall, with effect from the promulgation of this section, conduct alluvial mining activities or carry out prospecting for alluvial deposits in or along any river or public stream…’
The SI automatically amended the Environmental Management (Control of Alluvial Mining) Regulations, 2014, published in Statutory Instrument 92 of 2014 by the repeal of Section 3.
According to the new regulations, the blanket ban on alluvial mining has been extended to individuals possessing special grants, an express written authority of the Minister of Environment, an Environmental Impact Assessment, and any other authority, permit, or licence.
‘Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding twelve (12) months or to both such fine and such imprisonment,’ reads Section 3 (3) of the SI.
Alluvial mining explained
· Alluvial mining is the process of extracting sand and gravel from the bed of a river or stream.
· One example of alluvial mining is panning for gold in a river.
· Another example is using heavy machinery to extract sand and gravel from a riverbed for construction purposes.
· Alluvial mining involves removing materials from the bed of a river or stream.
· This can be done manually, as in the case of panning for gold, or with heavy machinery.
Conclusion
The claim ‘GOVERNMENT has gazetted new regulations banning mining activities by o granted special permits in response to the environmental damage caused by alluvial mining along several rivers,’ has been rated as true. The Minister of Environment, Climate and Wildlife has, in terms of section 140 of the Environmental Management Act [Chapter 20:27], and in consultation with the Environmental Management Agency, promulgated the SI 188 of 2024 effecting the ban on alluvial mining in the country with immediate effect.
