2010年-世界发展银行全球_Assessment_of_the_Environmental_Regulatory_Framework_of_the_Mining_Sector_20页_659kb

Summary of the Economic and Environmental Analysis of the Mining Sector in Nigeria

Core Content

This document provides an economic and environmental analysis of the mining sector in Nigeria, focusing on the legal framework, institutional structure, and the challenges in implementing environmental regulations. It highlights the lack of effective environmental control in the mining sector and the recent legislative and organizational changes aimed at addressing these issues.

Legal Framework

1.1 Environmental Management

• The Environmental Impact Assessment (EIA) Decree No. 86 of 1992 mandates EIA for certain mining activities, including:

  • Mining in new areas exceeding 250 hectares
  • Ore processing for aluminium, copper, gold, or tantalum
  • Sand dredging over 50 hectares
  • Quarrying within 3 km of residential, commercial, or industrial areas

• The Nigerian Minerals and Mining Bill of 2007 was approved by the Senate, replacing the 1999 Act. It includes provisions for:

  • Environmental procedures and requirements for mining operations
  • Environmental impact statements and rehabilitation programs for mineral title holders
  • Establishment of an Environmental Protection and Rehabilitation Fund by the Minister
  • Regulation of small-scale mining, including minimum and maximum sizes of mining titles and obligations for rehabilitation

1.2 Environmental Aspects of Mining Development Legislation

• The Ministry of Solid Minerals Development (MSMD) has been given the responsibility to approve environmental regulations.
• Environmental compliance is a key part of the mining title obligations, including:
  • Environmental impact assessments and mitigation plans
  • Rehabilitation and reclamation of disturbed land
  • Submission of environmental impact statements to the Mines Environmental Compliance Department
• The Bill also emphasizes the need for extension services to small-scale miners, including training, equipment, and environmental assessments.

Organizational Issues

2.1 Ministry of Environment, Housing and Urban Development

• The Ministry of Environment was restructured in 1999 and later merged with Housing and Urban Development.
• Key departments include:
  • Environmental Impact Assessment Division: Conducts EIA process, but lacks adequate resources (staff, computers, vehicles)
  • Standards and Monitoring Division: Manages environmental laboratories, but faces limitations in capacity and equipment
  • Pollution Control Department: Overseeing waste management and compliance, but underfunded and understaffed
• The National Environmental Standards and Regulations Enforcement Agency (NESREA) was proposed in 2006 to improve enforcement, but has not been fully implemented.
• NESREA is expected to focus on voluntary compliance and stakeholder dialogue, with the Pollution Control Department shifting to more specialized roles.
• NESREA faces challenges in capacity building, funding, and logistics, relying heavily on development partners for support.

2.2 Ministry of Solid Minerals Development

• The MSMD was established in 1995 and underwent reorganization to improve service delivery and regulatory oversight.
• The reform created four new technical departments, including:
  • Mines Environmental Compliance Department: Responsible for reviewing environmental studies, enforcing regulations, and promoting audits
  • Mineral Resources and Environmental Management Committees: Oversight bodies at the state level
• The Mines Environmental Compliance Department is in the early stages of implementation, with limited staff and no prior experience in environmental management.
• The department must address:
  • Existing 400 mining enterprises and 2000 quarries, most of which lack environmental controls
  • New mining applications requiring environmental assessments
  • Public complaints related to environmental nuisances from mining operations

Key Challenges and Information

• Environmental regulations are not fully implemented, with only a few mining projects having conducted EIA studies.
• Institutional reforms are ongoing, and the reorganization of government departments is not yet complete.
• Resource constraints (funding, personnel, equipment) significantly hinder the effectiveness of environmental enforcement and monitoring.
• NESREA is still in the planning phase, with its structure and functions yet to be finalized.
• Environmental compliance is a shared responsibility between the Ministry of Environment and the MSMD, but coordination remains weak.
• Small-scale mining is promoted under the new law, but environmental and social responsibilities of miners are not well enforced.
• The Environmental Protection and Rehabilitation Fund is a key mechanism to ensure compliance, but its management and implementation are still under development.

Conclusion

The Nigerian mining sector faces significant challenges in environmental sustainability, despite the existence of legal frameworks and recent legislative reforms. Effective implementation of environmental regulations and the establishment of robust enforcement mechanisms, such as NESREA, are critical for achieving sustainable mining practices. Institutional and resource limitations continue to impede progress, requiring urgent attention and investment in capacity building and infrastructure.