How does the Mining Policy of 2009 reflect the Mining Act?

The Mining Policy of 2009 reflects the Mining Act by providing a framework for the sustainable development of the mining sector in accordance with the provisions of the Act. The policy outlines the government's objectives and strategies for promoting responsible mining practices, ensuring environmental protection, and maximizing the benefits of mining activities for the country and its people.

The policy also aligns with the principles and objectives of the Mining Act, which aims to regulate and promote the exploration, development, and utilization of mineral resources in a manner that is environmentally sustainable and socially responsible. It emphasizes the importance of transparency, accountability, and community engagement in the mining sector, as well as the need to balance economic development with environmental conservation and social welfare.

Overall, the Mining Policy of 2009 serves as a guiding document that complements and supports the implementation of the Mining Act by providing a comprehensive framework for the management and regulation of the mining sector in line with the Act's objectives and principles.

The Mining Policy of 2009 is largely in line with the provisions of the Mining Act (Act No. 2006).

Principles Aligned with the Mining Act

- Resource Nationalism: The policy emphasizes the need for the government to have significant control over mineral resources and their extraction, aligning with Section 2 of the Mining Act.
- Environmental Sustainability: The policy prioritizes environmental protection and ensures that mining activities minimize negative impacts on the environment, in accordance with Section 106 of the Mining Act.
- Community Participation: The policy encourages community engagement and consultation in all aspects of mining, reflecting the provisions of Section 9 of the Mining Act.
- Economic Development: The policy promotes mining as a driver of economic growth and job creation, consistent with the objectives outlined in Section 1 of the Mining Act.
- Foreign Investment: The policy recognizes the role of foreign direct investment in the mining sector, while emphasizing the need to ensure equitable benefits for the country, as stipulated in Section 96 of the Mining Act.

Specific Provisions Reflected in the Policy

- Environmental Impact Assessments: The policy requires mining companies to conduct Environmental Impact Assessments (EIAs) before commencing operations, as mandated by Section 29 of the Mining Act.
- Environmental Performance Standards: The policy establishes environmental performance standards for mining operations, consistent with the provisions of Section 30 of the Mining Act.
- Disaster Preparedness and Response: The policy requires mining companies to develop and implement disaster preparedness and response plans, in line with Section 33 of the Mining Act.
- Mineral Rights: The policy clarifies the government's role as the custodian of mineral rights, as outlined in Section 10 of the Mining Act.
- Mining Licenses: The policy outlines the process for obtaining mining licenses, including the requirements for public consultations, as specified in Sections 69 and 70 of the Mining Act.

Key Differences

While the Mining Policy of 2009 reflects the principles and provisions of the Mining Act, there are some key differences:

- Mining Cadastre: The policy established a National Mining Cadastre System, which is not explicitly mentioned in the Mining Act.
- Artisanal and Small-Scale Mining: The policy dedicated a specific section to artisanal and small-scale mining, recognizing its importance but also highlighting the need for regulation and support.
- Mine Closure and Rehabilitation: The policy provided additional guidance on mine closure and rehabilitation plans, beyond what is covered in Section 107 of the Mining Act.