E2670 Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

1.0 BACKGROUND

Public Disclosure Authorized 1.1 RELEVANCE OF THE SESA REVIEW

The Federal Government of Nigeria has received support from the World Bank to increase its long-term institutional and technical capacity to manage the country’s mineral resources in a sustainable way has established a basis for poverty reduction and rural economic renewal, via the development of non-farm income generating opportunities through small-scale and artisanal mining.

The development of solid mineral resources of Nigeria through the decade long history of mining in Nigeria and with the intervention of the Sustainable Management of Mineral Resources has resulted in both positive and negative impacts on the current mining environment and in the mining communities/society where major artisanal and small mining operations exist. These positive and

Public Disclosure Authorized negative activities and operations were the focus in the 2005 SESA document

During the Sustainable Management of Mineral Resources (SMMR) Project under review a number of activities were carried out and undertaken which has changed the institutional arrangement in both policy and a new direction in the administration of the mining industry among which is the restructuring of the Ministry of Mines and Steel Development, the passing of the minerals and mining Act 2007, the minerals and metals policy, the establishment of the National Environmental Standards Regulations and Enforcement Agency, the capacity building program between the Ministry of Mines and Steel Development with the Federal Ministry of Environment which resulted in the signing of Memorandum of Understanding (MOU) and the recent Environmental and Social Audit of the Sustainable Management of Mineral Resources (SMMR) Project sub-components.

Public Disclosure Authorized The Federal Government of Nigeria also took a major step in announcing a major road map which is the vision 20:20:20 in the development of a new agenda for Nigeria to be part of global community as one of the top twenty economies by the year 2020. Vision 2020 reflects Nigeria’s intent to become one of the top twenty economies in the world by the year 2020, with an overarching growth target of no less than $900 billion in GDP and a per capita income of no less than $4000 per annum. These targets are premised upon two key factors that are critical to realizing Nigeria’s potential as a leading nation in the immediate future:

• Growth through the diversification of Nigeria’s economy by significantly increasing nonoil contribution to GDP; and • The empowerment of the Nigerian people by ensuring a balance between economic growth and social welfare

Nigeria’s minerals and metals sector is a key sector crucial to the successful execution of

Public Disclosure Authorized Government’s economic diversification strategy and the attainment of the growth, wealth creation and poverty reduction goals of this vision. This blueprint outlines the path towards the rapid transformation of the minerals and metals sector, its emergence as a strategic catalyst of growth for the Nigerian economy, and its return to global relevance in the production of minerals and metals in a stable and sustainable manner.

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

As a result, the review of the Sectoral Environmental and Social Impact Assessment (SESA), incorporating an environmental and social management plan, to further strengthen sustainability of the mineral sector development in the country, and mitigate negative impacts from such a development is considered important and relevant.

The specific objectives of the SESA are to: 1) identify social and environmental impacts of the possible development of the mineral resources which could result from the current project 2) provide basis for an effective social and environmental impacts mitigation plan for future mineral development; and 3) Integrate the defined measures in the additional financing of the proposed project.

The output of the review of the Sectoral Environmental and Social Impact Assessment (SESA) will includes the mitigation measure, institutional arrangements, capacity building, budgeting, consultation and overall monitoring of the whole project sub-components this is with a view to assist in providing guidelines as instruments and tools in the current focus which the country want to achieve.

It should be noted that activities of the SMMR project are also in compliance with the Resettlement Policy Framework (RPF) and Process Framework (PF) in providing good guidelines to both the social and environmental safeguards guidelines and policies of the World Bank.

It became imperative to review and update SESA as the previous edition is now obsolete. The previous edition failed to delineate clear boundaries where the World Bank safeguards would apply. Compliance to Environmental and Social safeguards would be restricted to activities funded or supported by the SMMR Project. Activities funded by the Project would ultimately serve as models for the mining sector.

2.0 DESCRIPTION OF THE SMMR PROJECT 2.1 Activities conducted under the Project

The World Bank assisted project supports the increase by the Government of Nigeria’s institutional and technical capacity to manage the country’s mineral resources in a sustainable way. The intention is to:

SESA REPORT JANUARY Page Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment a) establish a basis for poverty reduction and rural economic renewal via the development of non-farm income generating opportunities through small-scale and artisanal mining especially with the micro grant program of the project; and b) is in the process of granting the mid tire operators have access to financial assistance through the selected financial institutions thus stimulating national and local economic activity and generating local prosperity through appropriate revenue sharing.

As such, the Project does not engage in any direct or even indirect mining and quarrying activity, which might have environmental and social consequences. However, significant successes in the recent micro grant program and substantial increase in the activities of the solid minerals sector have been recorded. As a result of the mining and quarry activities the project encourages best practices in mining an environmentally friendly and socially responsible manner. While this SESA review is necessitated by the need to provide information and perspectives on the context that the project activities including the additional financing will be implemented, it should be clear that the World Bank Safeguards policies will only apply to activities implemented by the project using IDA funds. However, for other activities that would be implemented by the government, private sectors, development partners, individuals, communities, other entities and so on, existing laws in Nigeria would apply.

To ensure that the relevant laws are upheld, the project would liaise and partner with the relevant line Ministries, Departments and Agencies (MDAs) to better monitor and enforce compliance to extant mining and environmental assessment laws in Nigeria, through: • The clarification and strengthening of roles and responsibilities for all environmental agencies involved in the mining sector;

• the definition of internal procedures to implement existing regulations and guidelines in each MDAs

• the definition of interagency coordination and information sharing arrangements; and

• building capacity in key environmental issues relevant to each agency.

The S.M.M.R Project has 4 main components: A. Economic development and livelihood diversification in artisanal and small scale mining areas. B. Strengthening governance and transparency in mining. C. Private sector development. D. Project co-ordination and management.

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

Table below summarises the various activities conducted under the Project and gives mitigation measures taken so far.

Environmental and Social measures of the Project Component & sub- Description of activities Potential environmental & social component consequences (effects) A. Economic Development and livelihood diversification in Artisanal & Small-scale Mining Areas A.1 Sustainability of small Baseline studies & social evaluation. Greater understanding of environmental and scale mining and livelihood Restructuring of the school of mines into social issues, management, regulations and diversification Nigerian Mining and Geosciences Institute good practice throughout the ASM sector. undertaking the promotion of skills of small & medium scale miners and operators.i.e. Ready labour for the growing mining sector. Establishment of ASM Unit in Zonal and State offices, to specifically support and extend services to small-scale miners. A.2 Financing programmes Improvement of access to credit and Increased level of ASM activity, which has for business development in financing for mine operators (artisanal and , been formalised and legalised. mining small scale mining), through the micro grant This sector is renowned for resulting in adverse program including improvement of financial environmental and social impacts, particularly management. as a consequence of its mainly informal status. Support to private sector institutions, However, best practices have been put in place professional and trade associations, chamber to mitigate the consequencies of the of mines, etc. unregulated mining. Provision of training and capacity building to the private sector initiative. Targeted programmes have been develop for specific commodities (industrial minerals, gemstones, dimension stone etc). Technical assistance for production and marketing of selected minerals. B. Strengthening governance and transparency in mining B.1 Legal & Fiscal Reform A new minerals act 2007 has been enacted The new minerals act of 2007 has Increased and a new environmental regulations and investor confidence activity in the minerals guideline is been processed in order to guide sector, including exploration, production and investors and operators. mineral processing.

The new minerals act of 2007 has improved environmental and social awareness amongst operators and investors. B.2 Institutional Capacity The new minerals act of 2007 has facilitated Greater awareness of and increased capacity for Building the creation of three technical depart. i.e. the environmental and social management Mines Inspectorate department, the Artisanal requirements. and Small Scale Mining department and the Mines Environmental Compliance Department . . Office renovation has been carried out in all zonal and state offices which accommodate both the MMS/GSNA. These offices were provided with office field vehicles for operational purposes. Staff of the ministry

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

were trained in their relevant fields i.e. mines inspection, environmental management and ASM cooperative registration and geosciences This is with the view to equip the staff to accomplish the new task and function.

B.3 Mining Cadastre Office A mining cadastre office has been established The Mining Cadastre Office operates on first with headquarters in Abuja with the intention come first serve basis that is transparent to all of replicating same in all the states. minerals and mining investors The establishment of the mining cadastre is to issue miming titles and processing of licence application. Staff of the mining cadastre also received various training on cadastre administration locally and internationally. Due consideration is given to areas that do not fall in protected areas, site of outstanding beauty, cultural and heritage site. Similarly companies are mandated to provide EIA report before exploration commences.

B.4 Environmental and The new minerals act of 2007 has provided Function of mine environmental compliance Social Management basis for environmental and social issues of department? the sector however plans are underway to establish new set of environmental regulations and guidelines for the mining sector in order to assist operators achieve sustainable development. C. Private Sector Development C.1 Restructuring of state- Both Nigerian mining Corporation and the environmental and social liability of NCC owned enterprises Nigerian Coal Corporation has been and NMC studies recommended series of privatised as part of due diligence , the mitigation measures for the investors including project funded a study on the environmental cost of rehabilitation and closure and social liability of NCC and NMC C.2 Strengthening of the The Project sponsored 56% Airborne These activities have not had a direct Geologic Infrastructure. Geophysical survey 100% coverage of the environmental or social impact but are part of country completed. the overall development of the sector. Their 24,000 line km of Electromagnectic survey explorations are subject to the laws and done. regulations outlined in the Minerals and Mining Act 2007 Geochemical mapping project-6 cells covered so far out of 44 cells. SMMRP sponsored 4 GRN cells. Many investors have purchased these geophysical maps and are using them for mineral explorations and appraisal in different parts of the country. D. Project Co-ordination and management Project Management Unit The Environmental and Social Development All contracts for civil works have Officers of the project ensured that World environmental clauses included. Bank policies and regulations and relevant The Environmental and social development Nigerian laws are complied with. officers participate fully in all project monitoring. Best practices in providing a checklist for the grants program. The Environmental and social development

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

officers participated in the environmental and social audit of the project

2.2 Sector Development Programmes

According to AKPOBASAH (2004), the distinctive features of Nigeria’s Economic Empowerment & Development Strategy (NEEDS) are that: i. It is Nigeria’s Poverty Reduction Strategy and gains inspiration from the poverty reduction strategy paper (PRSP) which had been under preparation since 2001 ii. It is a reform programme aimed at re-engineering the growth process iii. Its formulation process has been largely participatory iv. The President has expressed his commitment to the programme and has set up an economic team to drive it v. The States have also broadly agreed to design the States Economic Development Strategy (SEEDS) to complement the NEEDS. The local governments are also expected to prepare local government components “LEEDS”.

With the above background there has been a degree of compliance, the NEEDS having been launched only on May 29, 2004. vi. The NEEDS focuses on strategy and policy directions rather than programmes and projects. It signals a shift in the direction of decentralised project planning and execution

The broad objectives of Nigeria’s Seven Year Strategic Action Plan for Solid Minerals Development (2002) are incorporated into the NEEDS and hence a link is made between development of the solid minerals sector and Nigeria’s growth and poverty reduction goals. The document proposes very few detailed actions or targets for the Sector apart from undertaking an inventory of the ASM sector and a target of self-employment for at least 500,000 Nigerians by 2007.

A detailed review of previous strategic plans was developed for the sector (Vision 2010, NEEDS 1 & 2, Medium Term Sectoral Strategy for Solid Minerals (MTSS) & 7-Year Strategic Plan for Solid Minerals Development by the 2002 Presidential Committee on Solid Mineral Development).

In September 2009 the federal government of Nigeria unveiled a blue print for a quest to join the league of 20 industrialized nations by the year 2020. The Vision 2020 reflects Nigeria’s intent to become one of the top twenty economies in the world by the year 2020, with an overarching growth target of no less than $900 billion in GDP and a per capita income of no less than $4000 per annum.

In the development of this blueprint, a systematic approach was adopted to ensure that the Strategy was built on proven knowledge of the evolution and current state of the mining

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment industry, comprehensive understanding of the internal and external factors relevant to its growth, and an understanding of the strengths and shortcomings of previous strategies employed to develop the mining sector. The development of the strategy for the sector was undertaken sequentially across five distinct set of activities:

These targets are premised upon two key factors that are critical to realizing Nigeria’s potential as a leading nation in the immediate future:

• Growth through the diversification of Nigeria’s economy by significantly increasing nonoil contribution to GDP; and • The empowerment of the Nigerian people by ensuring a balance between economic growth and social welfare

Nigeria’s minerals and metals sector is a key sector crucial to the successful execution of Government’s economic diversification strategy and the attainment of the growth, wealth creation and poverty reduction goals of this vision.

This blueprint outlines the path towards the rapid transformation of the minerals and metals sector, its emergence as a strategic catalyst of growth for the Nigerian economy, and its return to global relevance in the production of minerals and metals in a stable and sustainable manner. The overarching strategy for realizing this vision is anchored upon five strategic thrusts (“pillars of growth”) and two growth enablers.

The fifth pillar focuses on the critical issue of sustainability in the exploitation of mineral wealth. A holistic view of sustainability from both the socio-economic and environmental perspectives form the basis of the vision 2020 recommendations, in the knowledge that any growth can not be sustained if the physical environment is destroyed in the process, the rights of hosts communities are ignored, and if it does not translate to economic empowerment of the people. The strategy seeks to entrench sustainability as a fundamental principle in the exploitation of mineral resources.

The enablers of the vision 2020 are to strengthen environmental management, land use law enforcement and compliance with emphasis on:

• Enforce environmental regulation and guidelines as part of the mining laws. • Encourage safe and efficient minerals extraction and processing by use of advance technologies to improve the mining working environment. • Encourage the sustainability of mining cooperatives and associations in collaboration with local community, state and local government for ease of control of the minefields and for enhancement of mineral production by artisanal and small-scale miners.

Recently, in the Environmental Management Capacity Building Program for the Nigerian Mining Sector under the Sustainable Management of Mineral Resources Project is addressing strategic needs to improve environmental management capabilities in the mining sector in Nigeria. The Government of Nigeria has recently taken several steps to improve the system’s effectiveness

SESA REPORT JANUARY Page Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment through the creation of new agencies, notably the National Environmental Standards and Regulations Enforcement Agency (NESREA) in July 2007 as a parastatal under the Federal Ministry of the Environment, and before then in April 2005, the Mines Environmental Compliance Department, in the Ministry of Mines and Steel Development.

The program includes support to the improvement and/or preparation of sectoral guidelines for EIA preparation, implementation of environmental management plans, environmental monitoring and auditing, and best practice guidelines for mitigation measures in the mining sector. It also supports the definition of enforcement approaches for the mining sector for large mining as well as small and artisanal mining.

This Environmental Management Capacity Building Program for the Nigerian Mining Sector deals with the roles and responsibilities of the different MDAs in the Mining Sector and aims at clarifying and strengthening the roles, through constructive collaboration.

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

3.0 BASELINE DATA

3.1 Past, present and potential future mining

3.1.1 Occurrences & commodities

Organised mining in Nigeria has been evident for the past 100 years and has been a key sector in the economy until the discovery of crude oil in the South in 1956, when the solid minerals sector began its’ decline, amplified by the Nigerian Civil War in the 1960s. Prior to the emergence of the petroleum industry 30 years ago, solid minerals and agriculture were key sectors of the economy.

Until the 1960s, coal and tin were mined and exported on a large scale and the sector contributed significantly to the nation’s gross domestic product (GDP), averaging 12%1 between 1965 and 1975. A combination of unfavourable government policy, changing country circumstances and poor management of state owned enterprises has led to a precipitous decline in the sector and a situation in which little new investment in mineral exploration and development, neither foreign nor domestic, could be attracted. The scale of this decline is clearly illustrated in the drastic reduction in sectoral contribution to GDP from 5.62% in 1980 to 0.16% in 20072. Currently, there are no medium or large scale mining operations in Nigeria.

Most active mining in the country is being undertaken by small entrepreneurs and artisans, working deposits of precious, semi-precious, construction and industrial minerals that are not licensed, or operating outside of the parameters of the licenses held. Consequently, the mining sector remains in a state of stagnation and although appreciable progress has been made in recent years with regard to legal and regulatory reforms, several limitations to growth through sustainable exploitation of mineral resources still exist.

The development of the oil industry is widely quoted as a secondary factor in the decline in the solid minerals sector due to its neglect, allowing for a mono product economy. Nigeria has been solely dependent on oil revenues since the large-scale mining investment withdrew.

It is from this concern over a single revenue source that led to the creation of the Ministry of Solid Minerals Development (MSMD) in 1995 and subsequently the Ministry of Mines and Steel Development in 2007.

Figure 3.1 summarises the main mineral occurrences throughout Nigeria. Table 3.1 gives recent production figures (2002) for commodities currently being exploited. The broad geology and mineral commodities developed or occurring in each state of Nigeria are shown below.

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

Figure 3.1 The New Mineral Commodities of Nigeria

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

Fig 3.1.

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

MINERAL PRODUCTION FIGURES

S NO LIST OF MINERALS TOTAL PRODUCTION FIGURES MT GRANITE LATERITE SAND LIMESTONE BASALT LEAD KAOLIN DOLORITE DOLOMITE COLUMBITE TOURMALINE TIN SILICA SHALE MARBLE GOLD BARYTE RED ALLUVIUM CLAY TALC GYPSUM TANTALITE

T S M M S D M I A

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

3.1.2 Past & present mining activity

Past mining activity has historically covered the Jos Plateau and areas of Enugu State for tin, allied ores and for coal. Tin was affected drastically by the fall in world market price and the tin mining becoming more difficult due to the depletion of surface reserves. Coal was merely usurped by the more profitable oil extraction.

Since the withdrawal of foreign investment in the 1970’s the contribution of the mining sector to the GDP has been low, down to less than 1% (Seven Year Plan, 2002). The emphasis of mining also changed from the larger scale foreign companies, to local-based mining for industrial materials used in the local market, and to informal small scale and artisanal mining. The artisanal and informal mining sector increased dramatically post the collapse of the large scale mining companies. Their withdrawal lead to areas of massive unemployment mostly of men with the skills needed to continue mining.

Nigeria has, as do most other countries, a legacy of dereliction from past and recent mining activities and more recent artisanal mining activity. Akutayi mine at Sarkin Parwa shown in the photos below was mined by over 5000 artisanal miners at one time, leaving large areas of deforestation and large scale degradation. Photo 1 shows the degradation of the area post mining, and Photo 2 shows the area whilst mining was going on. .

Akutayi at Sarkin Parwa, artisanal Tourmaline Mine, Minna, Nigeria June 2004 Sarkin Parwa, April 2004, with over 5000 artisanal miners on site. Sites such as Sarkin Parwa shown above punctuate present mining activity with environmental and social issues (see table 3.2 below). The current mining sector is only small scale and is structured into informal artisanal operations that rely on manual labour and simple tools; and legal small operations with small degrees of mechanisation and limited access to finance. In neither case are there finances in order to fully exploit an ore deposit, therefore few areas are exploited to their full potential. However the situation is

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment more organised with the support of the ASM micro grant scheme.

Table 3.2 below gives a summary of the environmental and social issues encountered through the field visits in Nigeria.

Table 3.2: Summary of environmental and social issues at mine sites visited

Site Name State/location Mineral Mining/processing Environmental & social issues No. 1 Okpara Enugu, 238m Coal 6 Adits on site, pillar & stall and Waste piles, Rusting plant and mine West longwall. No crushing on site, sent structures, water pollution, job / salary directly to washery redundancy. 2 Enoyigba Ebonyi, North Lead-zinc Open pit, hand crushing and Very deep open pit, deforestation, mine sorting on site. contaminated and sedimented water, river used for local supply. Loss of reputation 3 Enoyigba Ebonyi, North Brine 1 shaft, never went into operation, Rusted disused plant, safety, brine mine evaporation pond. 4 Amikeaba Abakiliki, Ebonyi Sandstone Open pit – hand sorted and Safety, large open pits, unstable, crushed on site. Blasting deforestation, noise and sabotage. 5 Ishiagu Ebonyi, south Granite Open pit, blasting, Machine Noise, dust, health and safety, Quarry crushing and sorting deforestation. Communities are not carried along on mitigation plans. 6 Ishiagu Ebonyi, south Lead-zinc Open pits, dug by hand, hand Unstable pit walls, erosion, Mine crushing and sorting deforestation, pollution to local watercourses, threats to communities’ security. 7 Obwetti Enugu Coal Washery – Machine crushing, Removal of large volumes of water CCP sorting and washing undertaken on from local supply, slurry cake dumped site. in environment, Dust, noise, deforestation, Transformer PCB’s, poor reputation. 8 Sarkin Niger, north of Minna Tourmaline Artisanal, small scale open pits Unsightly scarred landscape with Parwa some 40ft deep, dynamite, hand many irregular workings. sorting, large volumes of course Deforestation also to support waste material underground workings, Large no. of workers, over 5000 when active. Many deaths occurred on site. 9 Kuru Plateau State, Jos Tin/columbite Hydraulic washer pressure is Unstable pit walls, scarred landscape, 700psi, open pit, hand sorting Deforestation covering large area, poor health & safety, Men in pit with Hydraulic washer. Noise. 10 Kuru Plateau, Kuru, Jos Columbite Small open cuts, hand sorting, Deforestation, scarred landscape Gadabiya mining using shovels and picks where the area has been cleared, 11 Dago Na Plateau, Jos Tin Large open pits, hydraulic washer, Large area of deforestation, area Hauwa and draglines cut by bulldozers covers 70ha. Pits filled water, used for irrigation and fishing etc. 12 Nafada Gombe, Nafada Gypsum Open pits hand dug with narrow Deforestation, scarred landscape, village walls, simple crushing and unsafe pits some 40 + ft deep. screening all mining by hand Unconsolidated pit walls. 13 Toro Bauchi, Gowan Tourmaline Hand dug open pits, hand drilling, Scarred landscape, polluted water Junction hydraulic pump to de-water some from human waste in the field camp, pits. health & safety in the pits. 14 Birnin Kaduna, Old Birnin Alluvial Gold Hand dug open pits, basic crushing Scarred landscape, deforestation, Gwarri Gwarri and grinding, gravity health & safety in the pits,

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concentration.

LIST OF BENEFICIARIES (1ST BATCH) ARTISANAL AND SMALL–SCALE MINING (ASM) GRANTS

S/N ZONE APPLICANT’S TYPE OF TYPE OF STATED AMO AMOU USAGE STATE NAME MINERA EQUIPMENT PROJEC UNT NT L REQUESTED T COST REQ RECO UEST MMEN ED DED

1 PLATEAU STATE Jaw Crusher, i) Irrigwe Women Compressor, Purchase of 1No Atlas Copco Air Coop. Society, Granite Jack Hammer, Compressor, Generator, delivery and odus, Bauchi Stone Drilling Rods, N4,200,0 N3,90 N7,047 Installation. Ring Road, Jos Aggregat Truck 00 0,00 ,500 es

ii) Rarin-sho Multi Purpose Society, barkin- Excavator and Purchase of processing machine (Miller)- Ladi KAOLIN Milling N17,000. N6,00 N1,268 (local Fabrication) Machine 000 0,000 ,750 Kogi State

i) Solid Rock Artisan Miners Compressor, and Jack Purchase of 1No new 7-bar Atlas copco Air Cooperative FELDSP Hammer, N12,500, N7,32 N4,997 Compressor Society, zango- AR Drilling Rods, 000 0,000 ,393 Daji Lokoja Truck North East 2 Gombe State Purchase of 1No D.A.F. truck diggers, i) Funakaye D.A.F. Truck, shovels, head pans, buckets, wheel barrows, Gypsum Miners GYPSU diggers, N7,500,0 N3,66 N3,723 hammers/Iron Rods, winding rope. Coop. Society M shovels, wheel 00 8,000 ,020 Funakaye barrows, etc

3 North-West Kaduna state Jaw Crusher, Purchase of 1No Atlas Copco Compressor, Air Kufena South Granite Jack Hammer, Compressor, Generator, delivery and i) Quarry Stone Drilling Rods, Not N1,75 N7,047 Installation Workers union, Aggregat Truck. Estimated 0,000 ,500 Zaria es Sokoto State Gypsum Miners i) and Suppliers Coop.

GYPSU Truck N8,000,0 N4,00 N4,120 Purchase of 1No New M.A.N. Diesel Truck

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Society,Sokoto M 00 0,000 ,000

Sokoto Women M.A.N. Truck Miners 10 Tyres. Association ii) Sokoto GYPSU N9,000,0 N6,00 N3,090 Purchase of 1No M.A.N. diesel truck (10 M 00 0,000 ,000 tyres) 4 South East Ebonyi State

i) Abakiliki Stone Granite Pay loader, Air Purchase of 1No Atlas Copco Air Crushers Stone Compressor N14,000, N7,00 N3,727 Compressor, Generator, delivery and Association, Aggregat 000 0,000 ,500 Installation. Abakiliki e

ii) Abaomege sand Crushing plant Purchase of 1No Atlas Copco Air suppliers multi compressor Compressor, Generator, delivery and purpose coop. Granite Jack Hammer, Installation Society Stone Generator N5,900,0 N5,90 N7,047 Aggregat 00 0,00 ,500 es 5 South West Ekiti State

Ido-Osi Local Granite Air- N10,700, N5,35 N7,047 Purchase of 1No Atlas Copco Air Govt. Stone Compressor, 000 0,000 ,500 Compressor, Generator, delivery and Tipper/Quarry Aggregat Jack Hammer Installation. Cooperative e multi purpose society

The environmental problems that are evident include abandoned tailings, and other waste dumps which have not re-vegetated naturally, some containing toxic materials, open mine entries and open-pits, with unstable slopes, unstable ground associated with shallow underground workings and acid mine drainage issuing from adits draining underground workings. The situation is more orderly with health and safety environmental awareness; environmental management enforced as best practices

During the SESA update it was established information was found on the Inventory of Abandoned Mines and Quarries all over Nigeria on the nature and extent of past or present mining activity in Nigeria. Extensive data has been compiled on extant mineral rights, and many old or inactive rights have been rescinded, which gives indication of the actual mineral working.

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3.1.3 Potential future mineral extraction

The potential future mining in Nigeria is thought to lie in the industrial sector. Current figures on the industrial base show that it has a wide base. Companies are unable to meet the costs of import. For example, the current annual demand for cement is over nine million tonnes; however Nigeria only produces 2-3 million tonnes leaving a shortfall for importation of 7-8 million tonnes of cement. The proven reserves of limestone in Nigeria are able to meet the entire current national requirement, (Seven – Year Plan, 2002). The future of mineral extraction in Nigeria lies in meeting the needs of local industry by providing local raw materials as a priority, before considering exportation.

Precious and base metals, industrial minerals, coal and barites are considered to be the future growth areas of the Nigerian solid minerals industry. The occurrences of these and other mineral commodities in each State are summarised in Annex 7. However, there is no indication of whether these are economically exploitable resources, and in most cases there is no information on their potential quantity and quality.

3.1.4 Artisanal & small-scale mining

Artisanal and Small-scale Mining (ASM) operations dominate mining in Nigeria, particularly for tin, from around 1903 up till the 1940s when there was an amalgamation into more commercial larger ventures. However, there was a re-emergence of ASM outfits especially for metals and gemstones after independence in 1970s resulting from the declining tin prices, the civil war (1967-70) and other factors. The increased global demand for mineral commodities combined with the collapse of the tin market and the introduction of a Structural Adjustment Programme (SAP) in Nigeria in the 1980s again created a ready market for the export of ASM mined produce albeit under a different disguise combined with a growing proportion of intermediate traders and mineral smugglers.

The sector has been reorganised with the establishment of the ASM department in the Ministry of Mines and Steel Development which is charged with the responsibility of registration of ASM into cooperatives and societies. Presently, the sector provides rural livelihood to thousands of informal artisanal miners in Nigeria in all six regional mining zones. Nevertheless, there is currently a well defined ASM in Nigeria, and because the vast majority of these miners work in groups, seasonally and formally. At the moment, the estimated number of workers in the ASM sector, may be over 400,000. 900 cooperatives have been registered while 325 have been certified by the ASM Department. . As with many other African countries the Nigerian ASM sector is characterized by: • Abject poverty - with many rural Nigerians living in an increasingly vulnerable environment and faced with dwindling livelihood choices (70% of Nigerians live on <140N/day and 90% on <300N/day) • Seasonality - subsistence farmers mine in the dry season when there is less agricultural work in order to supplement their meager incomes • Economic Stagnation - many Nigerians have been forced into the ASM sector during continued periods of national economic decline • Rushes/Migratory Miners – Some Nigerians have been suddenly drawn into mining following the discovery of new mineral reserves especially gemstones • Illegality) - The ASM Department has reorganized the informal miners into cooperatives with valid registrations and ASM certification.

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• Commodity Prices - the number of miners has increased with the international demand – and thus price – for a particular mineral (e.g. gemstone) • FGN Support–Currently, the FGN has provided the enabling environment for the sector and has outlined their long-term goals for the sector. • ASM Policy – There is a well established ASM Department in the Ministry of Mines and Steel Development charged with the responsibility of formalizing and assisting the ASM sector. • Rural Education – Considerable improvement in the enrolment of pupils into schools in the mining communities with the assistance from SMMRP in the provision of social infrastructure for grantees. • Rural Health – there are deteriorating health conditions in mining areas - (including malaria and the growing threat of HIV/AIDS that has already ravaged other parts of the continent)

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3.2 Baseline Environmental Conditions in Nigeria

The baseline Environmental data within Nigeria is available which is relevant to the mining sector. A compilation of this data, together with a summary of the environmental conditions in Nigeria, is given in the following sections, together with a summary of its relevance to mining.

3.2.1 Physical Environment

Availability of data Table 3.3 summarises the data availability on a range of physical themes.

Table 3.3: Summary of data availability on physical themes

Factor Responsible Baseline data Maps Information department available availability Climate NIMET P, D, HQ, S, ** National READILY AVAILABLE Soils Agriculture P, HQ, ** National READILY Area (all old) AVAILABLE Hydrology Water Resources P, D, HQ, S, to ** National READILY River basins AVAILABLE Geology Geology P, HQ, S, to ** National READILY State AVAILABLE Quarter degree Hydrogeology Water Resources P, D, HQ, RL, ** 11 in north east, READILY some state AVAILABLE Geology None P, HQ, Air quality NESREA P, RL, HQ, National READILY AVAILABLE Noise NESREA A, Natioanl READILY AVAILABLE Key: P – Paper copy, D – Digital data, HQ – head quarters, S – state office, A – university, RL – reference laboratory * poor quality data, ** adequate quality data, *** good quality data

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Meteorological data The annual distribution of weather patterns, including seasonal patterns of rainfall and evaporation, in Nigeria is comparatively well understood. Weather patterns are influenced by two wind systems, the south-westerly that brings rain and the north-westerly from the Sahara Desert that brings the dry and dusty harmattan wind. The seasonal movement of the Intra Tropical Convergence Zone controls weather patterns on a regional scale. Annual distributions of wet and dry seasons, the impact of climate change and the resultant impact of desertification on a regional scale in Nigeria are aspects to be studies as they impact upon all sections of the national economy. To fully understand these natural phenomena requires long term monitoring of rainfall and other climatic factors to generate the necessary databases required to model their possible impacts.

There are sufficient long-term and spatial climatic data available to understand regional variability in weather patterns within Nigeria. Nigeria has four main climatic zones (Ita, 1994): 1 The Equatorial Climate which extends from the coast to about 150km inland. Rainfall is between 1500 and 3000mm per annum, with an average temperature range of 17–24°C and relative humidity ranges between 60–90%. It has two seasons, the wet season March to October, and dry season November to March. 2 Tropical Hinterland, about 150–240km northwards from the coast, with 1000 to 1500mm rainfall, temperature range of 21–25°C and relative humidity range of 50–80%. It has a longer dry season, of 4–5 months, compared with the equatorial zone which lasts from October to April. 3 Tropical Continental which falls into the Sudano-Sahelian vegetation zone with rainfall of 250– 1000mm, temperature of 25–30°C (with lower night temperatures especially during the harmattan) and low relative humidity of 20–40%. The characteristic dry hot harmattan wind can last from October to May. 4 Montane or Plateau type climate is limited to the highland areas, with a high annual rainfall of 1400– 4000mm, relatively low temperatures of 5–20°C and high humidity of 30–90%.

An understanding of weather patterns is important to mining for the following reasons: 1 From observations made it is apparent that small scale mining and quarrying activities are essentially dry season activities. During the wet season workings flood becoming inaccessible without dewatering using pumps. 2 During the wet season the rural population is primarily engaged upon the tilling of lands and planting of crops, taking advantage of the rains. 3 Knowledge of storm intensity and duration patterns are necessary to understand the erosivity of rainfall on soils. This is especially important in areas where the natural vegetation has been removed as a precursor to mining operations, or remedial action has to be undertaken to return the land to its former state after mining has ceased. If there has been insufficient compaction of replacement material and/or the vegetation cover has not been replaced then excessive rainfall runoff results in excessive land surface erosion commonly resulting in the formation of deep gully systems. This is noted in parts of the Jos Plateau and in south eastern Nigeria. 4 Knowledge of evaporation rates is needed to estimate the rate of natural removal of water from open pits during the dry season. 5 Wind direction and strength may impact upon dust production at open cast and treatment sites 6 The likelihood of some dry season rainfall necessitating dewatering of workings adding to operating costs is a risk to be included in mine operation planning.

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7 Rainfall/runoff characteristics will impact upon the generation of leachates from mine workings and waste disposal dumps. Retaining walls may have to be constructed to minimise flow of polluted discharges to local streams.

Soils The collection and collation of soils data in Nigeria is the responsibility of the Ministry of Agriculture and Natural Resources .The Reconnaissance Soil Survey of Nigeria Project produced the most comprehensive study of soils of the country. The field survey results and soil analyses are presented in a four-volume report ‘The Soils of Nigeria (1990)’.

The agricultural economy of Nigeria is based upon access to good quality soils for the cultivation of crops. Within tropical and savanna regions this has necessitated removal of the natural vegetation exposing the soil cover to erosion especially during heavy tropical rainstorms. The resultant erosion of soils by runoff and incision of deep gullies are major causes of concern to the Department of Agriculture. The study of soil types and maps was a major component of the recent World Bank assisted Environment Management Project.

Effects have been noted in Jos where removal of the natural vegetation cover has resulted in incision of extensive gully systems. Mine site remediation in Jos includes the backfilling of gullies with rolled and compacted laterite covered by black soil. Where incision is deep gullies are stabilised using wire cage gabions packed with blocks of laterite (Photo 3). The extent of soil erosion due to mining activity in the Jos area can be assessed using Spot Satellite imagery. Case studies illustrating the impact of mining on soils are needed.

The nature of the soil types present in Nigeria and their regional distribution is well understood and has been studied in depth. In order to achieve a similar level of understanding on specific mine sites more detailed site investigations would be required.

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Photo 3 Gabions installed for soil and gully staballisation, Jos Plateau.

An understanding of the nature and distribution of soils is important to small-scale mining for the following reasons: 1 Forest cover clearance at a mine site and the surrounding area exposes soil layers to greater risk of erosion especially fragile deeply weathered tropical soils that can be rapidly eroded during tropical high intensity rain storms. Rapid runoff results in rapid land surface erosion through removal of surface layers and intense stream gullying with siltation of downstream river channels. 2 Awareness is needed of cropping patterns undertaken at the proposed mine site before operations start. At the cessation of mining attempts should be made to return the site to such a state that former agricultural activities could be resumed. This may require the removal of topsoil to a safe storage area from where it can be returned to its original position and conditions. 3 The manual mining of near surface deposits is often dependent upon the depth and patterns of rock weathering. In areas of shallow weathering patterns explosives may be needed to mine competent rock layers. 4 Near surface zones of water flow often occurs within lateritic soils especially during the wet season. Such occurrences will impact upon seasonal working patterns in shallow pits that may be prone to flood during the wet season. These patterns of surface flow may be important factors in provision of domestic water supply via shallow wells to the local community. The excavation of pits draining shallow weathered zones will cause reduction in community water supply so that alternative sources of water may have to be found. 5 Leachates from mine workings, spoil heaps and mineral-processing plants may seep into local soils resulting in changes to soil chemistry which could be toxic to plant life and local communities who consume crops produced on affected lands.

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Surface Water Quality In 1995 the NWRMP study noted that surface water quality baseline data were not available. This still seems to be the case even though the pollution of surface watercourses from industrial and domestic effluent and agricultural contaminants is increasing.

Stream sediment load A marked increase in soil erosion has resulted in the siltation of numerous streams and rivers becoming a major problem. This with the effects of over abstraction of river waters for township use has rendered numerous formerly perennial river courses ephemeral in character during the dry season. The extent of this phenomenon has only become apparent with the availability of detailed remotely sensed satellite imagery.

There is a need for the production of baseline water quality data, and a geo referenced list of sites of potential pollution. Data can then be used to generate maps showing the vulnerability or risk of surface waters to pollution from a variety of sources including mining activities. Such mapping may indicate that in general the impact of small-scale mining upon surface waters is small except where toxic elements in solution may be introduced to the environment.

An understanding of the nature and distribution of surface water systems is important to small-scale mining for the following reasons: 1 Siltation of river courses that may cause changes in channel patterns, especially in alluvial deposits. Working of alluvial deposits for alluvial mineral extraction can cause accumulation of sediment downstream of workings resulting in changes of river courses. Excessive siltation can result in river flows being transformed from perennial to ephemeral in form. 2 The stream flow and sediment load characteristics limit accessibility to streambeds for the working of alluvial deposits such as tin, gold and columbite. Alluvial gold workings in the Minna area are only accessible during periods of low river flow. 3 Leachate flows occur from mines, open pits and spoil heaps during the wet season adversely affecting water quality in downstream watercourses. 4 Introduction of toxic elements in solution in discharges from mineral workings or processing plants.

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Hydrogeological a) Groundwater Resource The collection and collation of hydro geological data and the development of groundwater resources in Nigeria is the responsibility of the Department of Hydrology and Hydrogeology of the Federal Ministry of Water Resources. However the Study of groundwater occurrence and resources is still within the mandate of the Nigerian Geological Survey Agency.

The National Water Resources Institute (NWRI) was originally mandated to be a central repository of hydrological and hydro geological data and information. This role has not been achieved due to lack of government support. The main surface and groundwater databases remain at the FMWR headquarters in Abuja.

b) Groundwater Quality Groundwater pollution caused by mining activity is mainly due to the invasion of aquifers by leachates generated in underground workings most noticeable on discharge from mine workings during operation or after mine abandonment. They may also be generated during mineral treatment or during the degenerating of spoil heaps. Such pollutants discolouring mine discharge and open pit pond waters have been recognised at former mining sites near Jos, Enugu and Abakaliki.

The main hydrogeological units comprise: 1 Precambrian Basement blocks of Central, western and eastern Nigeria form shallow low permeability weathered bedrock and fracture aquifers providing limited quantities of water 2 Cretaceous sediments within the limbs of the failed rift along the Benue and Niger river valleys include low porosity and permeability sandstones, limestones and shale formations that provide limited to very small quantities of groundwater. Brackish to saline waters occur in some formations. 3 The Tertiary and Quaternary sediments of the Sokoto and Chad Basin. These sedimentary formations form a wide range of aquifers. Sandstones in the Chad Basin can contain large amounts of groundwater under artesian pressure. Water quality can be a problem. 4 Tertiary to Recent sediments of the Niger Delta. These sedimentary formations form a wide range of aquifers. Developing groundwater in the delta region is problematic due to collapsing formations, the presence of saline water and pockets of oil and gas.

At the present time there is no national baseline hydrochemical survey. Analyses of groundwater samples obtained from the reference and regional laboratories will form the basis of the compilation of this database.

Polluted mine water discharges from operational and abandoned mine workings, together with accumulations of polluted waters within abandoned open cast mining pits are main areas of water quality concern. These are perceived to be pollution threats to groundwater and surface water bodies.

An understanding of the nature and distribution of hydrogeological systems is important to small-scale mining for the following reasons:

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1 Seasonal water tables in open pits usually limit the depth of pit operation. To excavate at deeper levels requires dewatering by pumping which results in the lowering of water tables that can adversely affect the yield characteristics of boreholes located adjacent to workings. Water removal is a major cost factor therefore small scale miners need to be informed of likely water inflow problems 2 Linear fracture systems that commonly form mineral lode deposit sites frequently form sources of groundwater especially in low permeability bedrock environments 3 Production of leachates can result in the pollution of aquifer systems. Need to assess the vulnerability of the aquifer to leachate pollution. 4 Low pH waters discharging from coal mines rotted pumps Groundwater is important to the community for water supply for domestic use, irrigation, watering of stock.

Air quality No specific studies of air pollution related to mining appear to have been undertaken in Nigeria to date. The effect of dust production upon working conditions and workers health has long been recognised as a major problem in the Enugu coal mines. Field visits undertaken to various operational sites indicate that notable sources of dust during mining and quarrying include: 1 quarry face blasting, 2 operating mechanical extraction machinery, 3 operating grading and processing plant, 4 operating loading machinery, 5 heavy transport equipment moving to and from loading sites, especially along badly rutted non- metalled access roads that pass through local villages.

The impact of excessive dust generated by mine, quarry and treatment plant operations were noted at several sites visited (Annex 5), for example at Abaakliki Quarry where excessive dust was generated by: 1 operation of crushing and grading plant, 2 operation of loading 3 transportation of materials from site in a stream of heavy trucks along poorly maintained access roads. These operations adversely impacted upon the workforce and villagers living nearby.

Operation of crushing and grading mills within the township produced high dust pollution levels within a built up area. Remedial action has been proposed by the town council which will involve the removal of equipment to a site remote from the main town. The rural population occupying the proposed site had not yet been consulted.

Better access to scientific knowledge is needed to fully understand how to assess the impacts upon environmental, economic and social aspects of poor air quality. Little effective monitoring and maintenance of acceptable air quality is done in Nigeria. There is a need to produce emissions inventories of all mineral-processing plants and to study the effect of dust production and deposition on the vegetation, human settlement and health in areas adjacent to operational quarries and crushing plants.

Current problems and constraints related to mining:

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1 poor awareness of the detrimental effects of poor air quality and dust. 2 use of old trucks and machinery with poor engines and high emission rates, 3 inadequate baseline data and information on air quality, 4 inadequate funding of air quality programmes, 5 poor enforcement of laws and regulations, 6 no national air pollution monitoring network.

Noise No specific studies of noise pollution related to mining appear to have been done in Nigeria. Field visits undertaken to various operational sites indicate that notable sources of noise during mining and quarrying include: 1 explosions during blasting, 2 operating mechanical extraction machinery, 3 operating grading and processing plant, 4 operating loading machinery, 5 heavy transport equipment moving to and from loading sites.

Noise as a source of environmental pollution has been recognised as such in Nigeria since 1976 as shown by references in the local press (Onuu, 2000). No information is available on the extent of noise pollution experienced in Nigeria. The impact of excessive noise generated by mine, quarry and treatment plant operations were noted at several sites.

Operation of crushing and grading mills within the township produced particularly high noise levels. Remedial action has been proposed by the town council which will involve the removal of such plant to a site remote from the main town. The rural population occupying the proposed site had not been consulted. The amount of noise pollution generated by the large scale coal washery plant at Enugu when in full operation needs to be assessed as this is located adjacent to areas of high density housing. Such operations could be studied and documented to produce case studies as the basis of future working practices.

1 poor awareness on the detrimental effects of excessive noise. 2 use of old trucks and machinery with worn out and noisy engines, 3 inadequate baseline data and information on noise pollution. 4 inadequate funding of noise pollution programmes. 5 poor enforcement of laws and regulations. 6 no national noise monitoring network.

3.2.2 Biological environment

Ecological data The FAO Nigeria National Report (2004) divides Nigeria according to a nine-fold agro ecological system listed below: 1 Sahel Savanna 2 Sudan Savanna 3 Guinea Savanna

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4 Jos Plateau 5 Derived Savanna 6 Lowland Rain Forest 7 Montane Forest 8 Fresh water Swamp Forest 9 Mangrove Forest and Coastal Vegetation

Two zones have been greatly affected by anthropogenic effects that include mining activities. These are:

The Jos Plateau Zone This distinctive ecological zone is located in the central part of the country within the Guinea Savanna zone. The vegetation of Jos Plateau zone (altitude about 1200 m) is distinct but anthropogenic activity has degraded the high plateau so that it is almost treeless with only relics of Guinea woodland remaining. Alexander and Kidd (2000) estimate that about 4% (320 km2) of the plateau area has been disturbed by mining activity. The flora on the plateau is peculiar with many species of woody and herbaceous plants not found elsewhere in West Africa, alongside many typical Guinea Savanna species. The ephemeral fadama drainage system of the area is utilised for dry season cultivation with farmers utilising mining ponds as sources of dry season irrigation water.

The Derived Savanna Zone The northern limit of the Derived Savanna Zone is the probable climatic limit of the Lowland Rain Forest zone. In this deforested densely populated east-west area savanna-type grasses grow are susceptible to fire which limit the regeneration of lowland species, creating "derived savanna". Remnants of forest may be present in upland or rocky areas not suitable for agriculture.

Most of the other ecological zones are affected by anthropological changes caused by the felling of forest primarily for fuel and cultivation and the effects of climate change. The Sahel Savanna zone exhibits the effects of desertification following periods of prolonged drought coupled with the effects of climate change and anthropogenic activity. The following land use distribution was found in Nigeria: 1 Intensive (crop) agriculture 40.2% 2 Extensive (grazing) agriculture 20.6% 3 Urban development 0.6% 4 Land including natural ecosystems 39%

Protected ecologically sensitive areas include eight national parks and state parks. These include those areas recognised as being globally important ecological areas (ARD, 2002)

Probably the most protected areas in Nigeria are those considered by local communities to be sacred groves or “juju shrines”, under local prohibitions.

The nine ecozones recognised in Nigeria are defined using a range of trees, shrubs and grasses. The boundaries of the ecozones are seen to migrate in response to changes in climate such as prolonged droughts and anthropogenic activities such as the felling of forests for firewood. Three main issues of ecological concern are:

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1 Watershed protection – from soil erosion 2 Carbon sequestration – climate change 3 Species diversification – loss of habitats and endangered species

All of these factors will be altered in areas downstream of mining projects.

An understanding of the nature and distribution of ecological systems is important to small-scale mining for the following reasons: 1 Where many miners undertake small-scale mining over a large area then the cumulative effect will impact upon the local ecology. Therefore the nature and size of the deposit governs the initial ecological impact. 2 Where mine pit waters discharge from overflowing ponds during the wet season, toxic elements may be distributed to adjacent fields polluting local soils. These toxic elements are then taken up by crops and ultimately ingested by local communities.

Flora There have been many localized studies of plants, but few attempts to consolidate this information. More than 848 algae species in the marine and freshwater habitats, over 5,103 higher plant species and less than 200 lower plant species were reported in the FEPA study of 1992. Nigeria’s geographically and climatically isolated montane areas are home to many endemic plant species. Many of these montane plants are endangered, especially those found only in the Jos Plateau riparian habitats.

Forest conservation in Nigeria dates from 1897. 10% of the land area of Nigeria had been designated as forest reserve by the 1970s. Since then, although national policy required an increase from 10% to 20% the forest reserve has declined. This area includes about 450 forest reserves covering 9.66 million hectares in the ecological zones of the country and about 300,000 hectares of forest plantation nationwide. The Strict Nature Reserve in Omo Forest Reserve has gained international recognition and attained the status of Biosphere Reserve under the global Man and Biosphere (MAB) programme of UNESCO.

Nigeria has Six types of forest: 1 Lowland Forest 2 Freshwater swamp 3 Savanna Forest - trees/woodlands/shrubs 4 Riparian Forest – trees/woodlands/shrubs 5 Mangrove with trees 6 Montane

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Table 3.4: Game Reserves

Location/Name Area (ha) Buturiya Wetland Game Reserve 29 700 Badida 29 422 Falgore/Kogin Kano 92 000 Gilli-Killi 36 300 Ibi 156 600 Kambari 41 400 Kashimbila 139 600 Kwale Game Reserve 1 340 Lame/Bura 205 767 Marguba-Kabak wetland 10 000 Ologbo-Emu-Uro Game Reserve 19 440 Nguru/Adiani wetlands 7 500 Orke River 110 000 Phi River 248 600 Pan Dam Wildlife Park 22 400 Udi/Nsukka 5 600 28 331

Ifon Terrestrial fauna and wildlife The FEPA Biodiversity Country Study of 1992 recognised the following numbers of species present in Nigeria: Mammals 274 Fish 648 Birds 839 (889 by 2002) Insects >20,000 Reptiles 135 Molluscs 77 Amphibians 109 Echinoderms 5

Of the game reserves and national parks listed below (Tables 3.4 and 3.5) only Yankari Game reserve and Kainji National Park are properly managed, others barely exist and are poorly managed. The number and status of the various reserves is somewhat confused. The distribution of the larger game reserves and national parks is shown on figure 3.2.

Table 3.5: National Parks

Location/Name Area km2 State Yankari 2244 Bauchi Kainji Lake National Park 5340 Niger, Kwara

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Old Oyo 2512 Cross River 4000 Cross River Gashaka Gumti Game Reserve 6731 Adamawa, Taraba Lake Chad Basin Game Reserve 2258 Borno, Yobe Okomu 196 Edo Kamuku 1121 Kaduna

Figure 3.2 Major parks and game reserves of Nigeria (Ita, 1994)

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Aquatic baseline

Aquatic areas of interest include the following wetland areas: 1 Coastal Wetlands o Lagos and Lekki Lagoons – SW Nigeria o Niger Delta o Wetlands of Cross River – SE Nigeria 2 Riverine wetlands o The Niger/Benue River system – Central Nigeria o The Komadugu Yobe – Northern Nigeria, draining the Jos Plateau o The Ngadda, Yedseram and El Beid Rivers – North Eastern Nigeria 3 Lake Chad area – Northeastern Nigeria

During the land use mapping it was also noted that a large number of formerly perennial rivers have now become ephemeral due to over abstraction for town supply and siltation due to soil erosion caused by deforestation.

An understanding of the nature and distribution of aquatic fauna is important to small-scale mining for the following reasons: 1 Water is required for alluvial mining operations, especially for the abstraction of alluvial gold, cassiterite and kaolin. 2 Harmful effects due to the mobilisation of silts and clays in suspension can have detrimental effects upon aquatic life forms and user communities for tens of kilometres down stream of alluvial mining operations. 3 Sands and gravels disturbed and redistributed during alluvial mining operations can cause changes in channel dimensions and river flow patterns, 4 Alluvial mining possibly releases harmful toxic elements and compounds that could have detrimental health effects upon local downstream riverside communities and aquatic life forms that are not apparent until several years after mining operations began. Unfortunately medical facilities at village level are reported to be very poor, symptoms may not be recognised as being due to the effects of toxicity. 5 Mine water leachates discharged into rivers and streams, and discoloured waters accumulating in former mine ponds need to be hydrochemically assessed to determine the presence of toxic materials in solution. Uptake of such materials may have detrimental effects on plants and animals, and subsequently upon local communities.

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3.3 Socio-economic and cultural environment

3.3.1 Culture, religion, community and gender

Nigeria counts 250 different ethnic groups, making it rich in customs, languages, and traditions and at the same time vulnerable to socio-cultural conflict. The dominant ethnic group in the northern two-thirds of the country is the Hausa-Fulani. Other major ethnic groups of the north are the Nupe, the Tiv, and the Kanuri. The Yoruba people predominate in the southwest, whilst the Igbo are the largest ethnic group in the southeast, with the Efik, Ibibio, and Ijaw (the country’s fourth-largest ethnic group) comprising a substantial segment of the population in that area. The official language is English.

Approximately fifty percent of the population is Muslim, 40% Christian and 10% adheres to indigenous beliefs. There is a strong correlation between religious affiliation and ethnic and regional diversity. The north is predominantly Muslim, although there are significant numbers of Christians in the urban centres of the north. Both Muslims and Christians are found in large numbers in the Middle Belt. Yorubas in the South west practice either Islam or Christianity, while others continue to practice the traditional Yoruba religion, which includes a belief in a supreme deity and the worship of lesser deities that serve as agents of the supreme deity in aspects of daily life. In the East, Catholics and Methodists constitute the majority, although many Igbos continue to observe traditional rites and ceremonies. Traditional beliefs and taboos still play an important part in the lives of many Nigerians.

Generally, states with a clear Christian or Muslim majority favour the majority faith and private businesses are also frequently guilty of informal religious and ethnic discrimination in their hiring practices and purchasing patterns. Rivalries between majority groups and minority ‘immigrants’ lead to some societal discrimination against minority ethnic and religious groups. The influx of migrant miners to communities with a different ethnic and religious make up may have been expected to provoke conflict. In practice, none of the key informants in the 13 sites visited mentioned any ethnic or religious dimension to conflict between communities and miners. The reasons for this are likely to be that:

1 Migrants are identified as miners (rather than by ethnic or religious group) in their dealings with the community

2 Migrant mining groups tend to be comprised of a diverse ethnic and religious mix of people drawn from neighbouring States

3 Small migrant mining groups (regardless of their origin) are required to pay compensation by the traditional authority while the community is typically in no position to challenge mass migrations

4 Violent conflict has generally been between the police or army and migrant miners – again without distinction to their origin

ASM is seen as a fairly short-term activity, perhaps disrupting farming but not an effective land claim. This may change if ASM becomes formalised, an issue we return to later on.

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Gender The process for the development of a strategic framework for the implementation of the National Gender Policy started in 2007 following the approval of the National Gender Policy for Nigeria by the Federal Executive Council in 2006. Two local experts with support from a foreign agency were recruited to harmonize and review the multi-sector Gender Policy and propose pathways for achieving the policy target of providing a framework in consultations with critical stakeholders on gender mainstreaming inn Nigeria. The Strategic Results framework and Implementation plan of the National Gender Policy of the federal Republic of Nigeria was developed when the government recommitted itself to economic reforms and the repositioning of the country to move from the 41st economy to the first twenty economies by the year 2020. There were renewed commitments to the implementation of national and international conventions and laws in support of gender equality, the empowerment of women and respect of women’s human rights. The Strategic Results Framework was developed from priorities within the National Gender Policy. Gender differences are still an important factor in Nigerian society. In many parts of the country, girls are discriminated against in their access to education for social, economic and religious reasons. Girls living in the more traditional rural areas, both in the predominantly Muslim north and the predominantly Christian south are disadvantaged even more than their urban counterparts. Purdah, the Islamic practice of keeping girls and women in seclusion from men outside the family, continued among some families in some parts of the north.

While some women have made considerable individual progress, both in the academic and business world, women remain underprivileged. Although women are not barred legally from owning land, under some customary land tenure systems only men can own land, and women can gain access to land only through marriage or family. In addition many customary practices do not recognize a women's right to inherit her husband's property, and many widows are rendered destitute when their in-laws take virtually all of the deceased husband's property. Widows are subjected to unfavourable conditions as a result of discriminatory traditional customs and economic deprivation. "Confinement" is the most common rite of deprivation to which widows are subjected, and it occurs predominately in eastern Nigeria.

Women remain underrepresented in the formal sector but play an active and vital role in the country's important informal economy. While the number of women employed in the business sector increases every year, women do not receive equal pay for equal work and often find it extremely difficult to acquire commercial credit or to obtain tax deductions or rebates as heads of households. Unmarried women in particular endure many forms of discrimination.

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3.3.2 Employment and economic activity

Revenue flows to local communities from the industry

Employment Employment estimates for the industry are discussed in depth in the Section on Employment and Economic Activity. No accurate estimates of informal (ASM) employment in the industry exist and the vision 20:2020 identifies an inventory of the actual situation of ASM as a priority activity. Nonetheless, an attempt has been made by Government to estimate ASM within States and the official figures indicate the following:

T D E M Q

E TOTAL

M W

F W T S W

S M W

F W

INFORMAL SECTOR

S A A S NATIONAL BEREAU OF STATISTICS NBS

Employment multiplier effects – indirect and induced employment in ASM may be around 1- 3 depending on how widely we define the local community. Case study interviews in Nigeria indicate that the amount of jobs created to service mining can be equal to the number of miners themselves, although in general the indirect employment multiplier is probably below one. To this we must add the employment induced from this service sector (indirect) spending. The induced multiplier for the immediate community will be lower than that for the community plus nearest town, in which assets funded from mining expenditure - such as motorbike taxis or houses constructed for rent – tend to be situated.

Unfortunately, no studies of multiplier effects in ASM have been published. However, we do know that the multiplier in ASM is likely to be greater than that in LSM given the labour intensive nature of the

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment local economy, limited opportunities to spend outside the area and limited savings of informal miners. At a national level, the multiplier will also be higher than at a local level. Employment multipliers in LSM have been found to be 1.62 in Oklahoma, 2-3 in British Colombia and 3-10 in Canada as a whole, depending on whether mining was in a mature or expanding phase. The Chamber of Mines of South Africa calculates an income multiplier of 1.5 for their mature mining industry and the employment multiplier is likely to be fairly close to this.

Working with an employment multiplier of 2 and the direct employment estimates in Table 3.6 would mean that approximately 400,000 people are dependent on mining and quarrying in Nigeria (half this number being miners themselves). The large majority of this employment will be rural employment in the ASM sector. While considerable work is still required to establish ASM employment with any degree of accuracy, these ball park figures suggest that the NEEDS target for the development of solid minerals to provide self-employment for at least 500,000 Nigerians is the right order of magnitude.

Local income generation – mining livelihoods Interviews with a range of key informants in 13 mining and quarrying sites across 7 States indicate that mining livelihoods in Nigeria tend to fall into the categories set out in Table 3.7 below.

Table 3.7: mining livelihoods

Mining type Settlement status Link with other livelihood activities Large/Medium Mainly local (unskilled & Household farms using inputs purchased with mining income. Miners do scale semi-skilled) labour limited farming themselves. ASM Local Household farms using inputs purchased with mining income. Many miners are part-time farmers. Some invest in productive assets in nearby rural towns. ASM Migrant Most remit some money but do not have local land. Money may be used to purchase inputs for farming “back home” or for productive assets The link between mining incomes and agriculture is logical given that this sector provides employment to more than 80% of the rural population. However, cash income from the mining sector is valued for more than its ability to purchase fertiliser or hired labour and cash is often used to pay school fees, medical or other expenses. No nationally representative or in-depth studies have been undertaken on how mining incomes are used in Nigeria but we have some evidence to suggest that successful small scale miners often invest in productive assets such as motorbikes (taxis) in rural towns. In the areas we visited, livestock were seen as a specialised livelihood associated with particular ethnic groups and miners did not report using mining income to buy livestock.

Migration has been a common income generating strategy in northern Nigeria, traditionally for cocoa growing in the south although this has declined in recent years. Migration for mining partly reflects a tradition of out-migration in search of economic opportunities by young men, in particular, but also the collapse of many formal mining enterprises in the 1980s that have created a pool of labour with some experience of mining. Our case study data (see below) suggests that ASM typically produces higher financial returns than small scale agriculture and this has also encouraged local communities to adopt mining as a livelihood when migrants have introduced it to their area.

Local income generation – estimates for MSM and LSM

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The principal source of local income generation from MSM and LSM in Nigeria is salary income. As with employment, international evidence suggests that a multiplier effect will be produced by this income being spent. According to Otto (2004), income multipliers in formal sector mining tend to be higher than employment multipliers and he quotes an example from Chile in which workers living locally produce an income multiplier of 1.8. The income multiplier for the South African mining industry is estimated at 1.5. The relevant multiplier in Nigeria is likely to be higher as the industry is at a growth rather than mature phase and is less capital intensive than these countries.

There is no published data available on salary payments within the mining sector. However, in order to understand the relative magnitude of the various local income sources, we use the average salary (5000N/month) reported in our case study of a Tin/Columbite medium scale mine in Plateaux State. With formal mining and quarrying employment of 23,800, local annual salary earnings would be in the region of 1400 million Naira (some US$10m). Local income generated would be higher than this due to the income multiplier.

A second source of local income is the repayment by Federal government to the States of a proportion of all fee, rent, royalty and tax revenues collected from mining and quarrying. There is an agreement to repay 13% of these revenues to States but interviews in seven States indicate that payments are not regularly made. Moreover, we have not been able to identify any formal arrangement for allocating these funds to local governments in mining areas.

These figures indicate that with current royalty payments, a 13% share of the total revenue return would provide a modest but useful local income to States – around 38 million Naira (US$270,00)- if it were paid. This is small in comparison to salary incomes (which are perhaps 30 times larger).

Note that in order to obtain a licence, companies have to reach agreement with local community leaders on any compensation for loss of farm land. According to the legal definition this is limited to loss of productive trees but in practice this tends to be interpreted more generally. Such compensation has tended to be a mixture of one-off payment to the traditional leadership (for occupation of farming land) and sometimes included infrastructure for the community. It has not been a significant source of local income.

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Employment data sources Information on both formal and informal mining employment in Nigeria is collected by two household surveys. The nationally-representative General Household Surveys of 1995/96 and 1999/2000, identify mining and quarrying as an occupational category although in practice only formal mining employment seems to have been recorded. The Core Welfare Indicators Surveys (CWIQ) undertaken in Lagos and Benue in 1999 and in six further States in 2003 manages to capture some informal sector mining employment as well as formal sector employment.

In addition to household surveys, data on employment in the formal mining sector is collected by the regular business establishment survey undertaken by the National Manpower Board. This is supplemented by government estimates of informal sector employment to produce estimates of the working population by economic activity (including mining and quarrying) for the regular Nigerian Statistical Fact Sheets on Economic and Social Development produced by the Federal Office of Statistics – the latest being for 2004.

Occasional, specialised surveys such as the 1995 multiple indicator cluster survey sometimes have occupational data although the 2001 Study of Nigeria’s Informal Sector unfortunately did not identify artisanal or small scale mining.

In practice, the nationally-representative household surveys are likely to under-estimate mining employment for three reasons: 1 Artisanal miners are often farmers as well and, depending on the time of year, they may report farming as their main activity. Household surveys typically only record the main occupation; 2 Migrant miners living in temporary camps outside established communities may not be interviewed; and 3 The sample frame of these surveys is designed to give us a representative picture of population characteristics (age, poverty, health status etc) in the areas in which the survey is undertaken. As mining is concentrated in very small areas within States, these large-scale surveys based on 120 enumeration areas for the whole country are unlikely to fully capture the extent of mining employment.

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Employment estimates Table 3.8 shows a significant concentration of employment into three mining states but, while this has occurred to some extent, occupational survey data does not appear to accurately reflect mining employment even for the formal sector.

Table 3.8: Formal employment from household survey occupation data Mining state 1995/96 1999/00 Akwa Ibom 229 Bauchi 210 Benue 587 Cross-river 0 2133 Delta 761 Enugu 721 Kaduna 316 3280 Kogi 891 Lagos 301 Ogun 951 Plateau 1150 Rivers 887 Taraba 173 1304 Total (all States) 7177 6717 Source: General Household Survey, 1995, 2000, F.O.S, Nigeria

Table 3.9 provides national estimates of mining and quarrying employment compiled from business establishment surveys and government estimates of mining employment within each State – for both national and regional statistical publications. As the ASM employment figures are estimated by MSMD staff based in each State capital, often with very limited transport, these have to be treated with some caution. Note that even the salaried (formal) working population estimates for this sub-sector are significantly higher than the employment estimates produced by the General Household Survey.

Occupational health For a number of reasons, the health and safety (H&S) risks to which artisanal and small-scale miners are exposed can be significantly greater than for large-scale mining. Most obviously, the informal and unregulated nature of ASM in Nigeria means that it usually operates beyond the scope of legislation or enforcement on H&S guidelines even if they existed. ASM miners are particularly vulnerable to mine collapses, rock falls, exposure to dust and other chemicals, the effects of noise and vibration, poor

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Specific legalisation addressing the issues on H&S for the ASM sector are rare and most mining jurisdictions have H&S covered under general regulations that address the entire mining sector. A few countries in Africa that have attempted to formulate ASM specific H&S guidelines include the new Mineral & Mining Policy of South Africa and the 1971 Mining Regulations of Zambia (outside of Africa the Philippines and China have national H&S legislation specifically for their ASM Sectors). One of the most interesting examples of sector specific guidelines are the localised regulations adopted at the Merelani tanzanite mine in Tanzania. The formulation of these guidelines dates back to the tragic flooding of the mines in 1998 that killed 70 miners. After this accident the Mines & Construction Workers Union and Arusha Mines Association in collaboration with the Government Mines Zonal Officer drafted regulations that would hopefully avoid a repeat accident. Such site specific regulations may not be ideal (and they did not prevent another fatal accident in 2002) but they have ended many unsafe and hazardous working practices and they were designed through a fully consultative process.

The dangerous environment extends beyond the mines, something that is considered a major problem given the current high infant mortality rates and low life expectancies in the rural areas. Those engaged in ASM are already some of the poorest people in Nigeria and are therefore likely to have inadequate sanitation, with little access to clean water or basic health care. These problems are likely to be even worse where miners have converged around a freshly discovered deposit or settled in unorganised camps. Such remote and temporary settlements are unlikely to have public health facilities. In addition to harboring diseases related to poor sanitation, they are also breeding grounds for crime, prostitution, sexually-transmitted diseases (STDs) and other forms of moral depravity. Other threats include malaria and yellow fever, spread by mosquitoes breeding in water filled pits left by the miners, also cholera, diarrhoea, tuberculosis, bilharzia, and other parasitic and infectious diseases are common in informal mining camps in Nigeria.

Similarly, lead poisoning tragedy occurred as a result of milling ore within households using mercury to amalgamate gold which generated dust that was inhaled and ingested by the local inhabitants in 7 communities in Anka and Bukkuyum Local Government Areas of Zamfara State. The incidence occasioned a death toll of over 223 persons mainly children. The SMMRP conducted a Needs Assessment using the Community Driven Development (CDD) approach and supported the Ministry in providing safe water for the host communities. The United States Government, foreign agencies and non-governmental organisations which include, Medicins Sans Frontieres (Doctors without Borders), WHO, Centre for Disease Control TerraGraphics provided assistance in health issues and decontamination of host communities following the lead poisoning epidemic. Extension Officers have been engaged by the Project and are providing professional guidance in ensuring safe mining is carried out in ASM supported by the SMMR Project. Three

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Non-governmental organizations have been engaged by the Project covering two geo-political zones each. They assist the ASM cooperatives and mining CDA’s in operations, book keeping and financial accountability. 4.0 LEGAL, REGULATORY & INSTITUTIONAL FRAMEWORK

4.1 Governance in Nigeria.

The Constitution of the Federal Republic of Nigeria (1999) places total ownership and control of all minerals in the Federal Government. In addition, the legislative powers are vested in a National Assembly which is solely responsible for making, amending and repealing legislation relating to the Exclusive Legislative list contained in Part 1 of the Second Schedule. This includes mines and minerals.

The ownership of minerals is also specified in the Minerals and Mining Act 2007 is as follows:

(1) The entire property in and control of all minerals, in, under or upon any land in Nigeria, its contiguous continental shelf and of all river, streams and watercourses throughout Nigeria, any area covered by territorial waters or constituency, the Exclusive Economic Zone is and shall be vested in the Government of the Federation for and on the behalf of the people of Nigeria.

(2) All lands in which minerals have been found in commercial quantities shall, from the commencement of this Decree, be acquired by the Government of the Federation in accordance with the provisions of the Land Use Act and the Minister may, from time to time, with the approval of the Federal Executive Council, designated such lands as security lands.

The Minister responsible for matters relating to mines and minerals is in charge of ensuring the orderly and systematic development of the mineral resources of the country. At present this is the Minister of Mines and Steel Development.

4.2 Mining & Quarry Licensing & Monitoring.

4.2.1 National policy on solid minerals:

There is also the National Policy on solid minerals. The objective of the policy is to ensure the orderly development of the mineral resources of the country and to establish the roles of the public and private sectors. The general policies on solid minerals include increasing public awareness regarding the importance of mineral resources, providing reliable geological information, creating a favourable investment climate and encouraging the private sector to take a lead role in expanding the sector. Part of these objectives would involve speeding up

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The Policy also covers environmental issues and states that; ‘The ministry in conjunction with the then Federal Environmental Protection Agency (FEPA), but now the National Environmental Standards and Regulations Enforcement Agency (NESREA) shall ensure strict enforcement on environmental protection, health and safety in the mining industry to ensure that the environment is well protected and restored after any mining activity’.

The stated goal of the National Policy on the Environment is to achieve sustainable development in Nigeria, and in particular to: With specific reference to mining and mineral resources, the Policy identifies that mining and associated beneficiation activities should be carried out in an environmentally sound manner. In order to achieve this objective, approval for a mining project should be preceded by an Environmental Impact Assessment.

4.2.2 MINING AND MINERALS ACT, 2007

4.2.3 Environmental Obligation

Every holder of a mineral title under this Act shall as far as it is reasonably practicable- (a) minimize, manage and mitigate any environmental impact resulting from activities carried out under this Act; and (b) rehabilitate and reclaim, where applicable, the land disturbed, excavated, explored, mined or covered with tailings arising from mining operations to its natural or predetermined state or to such state as may be specified in this Act, its regulations and other pertinent laws in force, and in accordance with established best practices.

4.2.4 Environmental Impact Assessment Every holder of an exploration license, small-scale mining lease, mining Lease, quarry lease and water use permit shall-

(a) prior to the commencement of mining operations; or (b) upon application for an extension of the term; or (c) Upon an application for the conversion of a Mineral title, submit to the Mines Environmental Compliance Department- (i) an environmental impact assessment statement approved by the Federal Ministry of the Environment in respect of the Exploration or Mining Operations to be conducted within the Mineral title Area; and (ii) An Environmental Protection and Rehabilitation Program containing such details as may be provided for in the environmental regulations issued pursuant to this Act.

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4.2.5. Environmental Protection and Rehabilitation Program

(1) The Environmental Protection and Rehabilitation Program required under the provisions of this Act shall- (a) Provide for specific rehabilitation and reclamation actions, inspections, annual reports; (b) A reasonable estimate of the total cost of rehabilitation; (c) Cost estimates for each specific rehabilitation and reclamation action; and (d) a timetable for the orderly and efficient rehabilitation and reclamation of the Mineral title area to a safe and environmentally sound condition suitable for future economic development or recreational use.

Minister

Ministry of Mines and Steel Development

Sustainable Legal Unit Policy Department of Management of Internal Audit Unit/Revenue Finance and Mineral Protocol Unit Unit Resources Press Unit Regulatory Administration Project Stock Unit Bitumen Project Verification Unit

Geological Survey Mines Mines Artisanal and Mines of Nigeria Cadastre Inspectorate Small Scale Environmental Agency Research Department Department Mining Compliance Statistics, Mineral Department Department promotion functions

Structure of the Ministry of Mines and Steel Development

4.2.6 The Mines Environmental Compliance Department The Mines Environmental Compliance Department shall exercise all its powers in respect of Environmental Protection and Rehabilitation Programs provided for in section 119 in consultation with the State Mineral Resources and Environmental Management Committee (MIREMCO) established pursuant to Section 19 of this Act.

The Mines Environmental Compliance Department may approve or reject an Environmental Protection and Rehabilitation Program submitted by a Mineral title Holder and shall notify the Holder of the Mineral title of its decision thereon within sixty days of the submission of the Environmental Protection and Rehabilitation Programme.

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If the Mines Environmental Compliance Department does not notify the Holder of a Mineral title within the period specified under subsection (3) of this section, the Environmental Protection and Rehabilitation Program shall be deemed to have been approved as submitted.

In the case of a rejection of the Environmental Protection and Rehabilitation Program by the Mines Environmental Compliance Department, the Mineral title Holder may

(a) submit such other number of Environmental Protection and Rehabilitation Programs as may be necessary in order to obtain the approval of the Mines Environmental Compliance Department; or (b) If its application is rejected twice, the Holder may submit the matter to arbitration within thirty days of notification of the decision under subsection (3) of this section.

In the case of its approval, the Mines Environmental Compliance Department shall ensure the implementation of the Environmental Protection and Rehabilitation Program.

4.2.7 Establishment of the Environmental Protection and Rehabilitation Fund.

(1) The Minister shall establish an Environmental Protection and Rehabilitation Fund for the purpose of guaranteeing the environmental obligations of Holders of Mineral titles as provided under this Act. (2) The Minister shall appoint a reputable institution customarily engaged in business as trustees or fund managers to administer the Environmental Protection and Rehabilitation Fund. (3) The trustees appointed pursuant 10 subsection (2) of this section shall operate the fund in accordance with the provisions of the Trustees (investments Act, Cap T2i Laws of the Federation of Nigeria, 2004 or amendments thereof. (4) Every holder of a mineral title shall commence contributions to the Environmental Protection and Rehabilitation Fund in accordance with the amounts specified in the approved Environmental Protection and Rehabilitation Program not later than one year from such approval. (5) If the Mines Environmental Compliance Department determines that the estimated cost of implementing the approved Environmental Protection and Rehabilitation Program is substantially less than the amount already deposited in the : Environmental Protection and Rehabilitation Fund, it may- (a) Refund any excess amount in the Fund to the Holder of the Mineral title; or (b) Reviews the amount of future contributions or modify the contribution schedule as the circumstances may require. (6) Where a mineral title is renewed, the holder shall pay into the Environmental Protection and Rehabilitation Fund such annual amounts as may be specified in an amended Environmental Protection and Rehabilitation Program approved under section 120 of this Act. (7) The trustee shall keep proper records in respect of the operation of the Fund, and shall cause to be prepared by an independent firm of chartered accountants appointed by the Minister an audited statement of accounts in respect of each financial year.

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(8) The trustee shall, not later than three months after the end of each financial year, cause a copy of the audited statement of accounts referred to in subsection (6) of this section to be sent to the Minister and each member of the State Mineral Resources and Environmental Management Committee. (9) The Environmental Protection and Rehabilitation Fund and any sum accruing there from shall be applied only for the implementation of the Environmental Protection and Rehabilitation Program to which they relate in accordance with the timetable of payments established in the Environmental Protection and Rehabilitation Programme. (10) The holder of a mining lease shall implement and meet all obligations described in the Environmental Protection and Rehabilitation Program during the term of the Mining Lease. (11) When the Environmental Protection and Rehabilitation Program has been fully implemented and completed further to a certification by an independent external audit has confirmed that the implementation of the Environmental Protection and Rehabilitation Program has been satisfactorily completed, the Head of the Mines Environmental Compliance Department shall authorize the refund of any sum remaining in the Environmental Protection and Rehabilitation Fund to the title holder within thirty days of the receipt of the certification.

4.3 ENVIRONMENTAL MANAGEMENT AND PROTECTION

4.3.1 The 1999 national policy on the environment:

The stated goal of the National Policy on the Environment is to achieve sustainable development in Nigeria, and in particular to: • Secure a quality of environment adequate for good health and well being; • Conserve and use the environment and natural resources for the benefit of present and future generations; • Restore, maintain and enhance the ecosystems and ecological processes essential for the functioning of the biosphere to preserve biological diversity and the principle of optimum sustainable yield in the use of living natural resources and ecosystems; • Raise public awareness and promote understanding of the essential linkages between the environment, resources and development, and encourage individual and community participation in environmental improvement efforts; and • Co-operate in good faith with other countries, international organisations and agencies to achieve optimal use of trans-boundary natural resources and effective prevention or abatement of trans-boundary environmental degradation.

With specific reference to mining and mineral resources, the Policy identifies that mining and associated beneficiation activities should be carried out in an environmentally sound manner. In order to achieve this objective, approval for a mining project should be preceded by an Environmental Impact Assessment. In addition, the following mechanisms shall be put in place to: • Facilitate orderly development of minerals for real economic growth, improvement of

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the living standards of the people and the creation of favourable investment climate through prudent use of the nation’s mineral resources and the adoption of rational conservation measures; • Prevent haphazard opening of mines to minimise soil erosion, land degradation and uncontrolled damage to vegetation, wildlife and water resources; Prescribe operational standards aimed at minimising dust and noise pollution from open mines and to reduce the impact of dust on vegetation, surface and groundwater and humans; • Minimise environmental degradation associated with beneficiation and refining of minerals; • Prescribe minimum safety standards in the development of mines and the use of personal protective equipment; • Establish stringent standards for effluent discharge from mines and monitor compliance; • Ensure the existence and workability of mine safety contingency plans and provision of first- aid facilities at the mines; • Monitor the health of the workers involved in mining and mineral beneficiation and protect miners from excessive exposure to dust, particulate matter, radioactive and toxic materials in and out of the mines and make provisions for adequate treatment of mining related diseases; • Prescribe stringent regulations for the stacking and ultimate disposal of mine and beneficiation tailings and dumps in a way to ensure their long term stability; • Stipulate and monitor compliance with approved procedures for the reclamation and the restoration of land, top soil and vegetation of mined out areas and monitor the recovery of such areas; • Maintain regular environmental audit to stimulate the adoption of environmentally sound practices and technologies in all mining operations; and • Promote and strengthen small-scale miners in order to discourage illegal mining activities. The Policy also advocates establishing water quality criteria, ambient air quality standards and noise standards. It includes a section on public participation but the actions prescribed are more of an informing process rather than participatory.

4.3.2 National environmental legislations

1988 Federal Environmental Protection Agency Decree (#58) (amended 1992 #59 and 1999 #14): This Decree established the formation of the Federal Environmental Protection Agency (FEPA) and specifies the method of governing, functions and financial provisions. The Agency is charged with the responsibility of encouraging the States and Local Government Councils to set up their own environmental protection bodies. FEPA was superseded by the Federal Ministry of Environment (FMEnv) in 1999 subsequently the National Environmental Standards Regulations and Enforcement Agency (NESREA) was established in 2007.

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1991 National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Waste) Regulations (S.I. 8): Formulated under the Federal Environmental Protection Agency Decree #58, these Regulations specify parameters for effluent limitation by industry. This includes a section for the Mining and Metallurgy industry with a limited number f parameters for waste water and gaseous emissions. 1991 National Environmental Protection (Effluent Limitation) Regulations (S.I. 9): Formulated under the Federal Environmental Protection Agency Decree #58, these Regulations control the release of hazardous or toxic substances into the environment. They require any industry that releases an effluent into the environment with constituents beyond permissible limits to apply for a waste discharge/disposal permit. It also states that the Agency shall demand an environmental audit from existing industries and an environmental impact assessment from new industries.

1991 National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations (S.I. 15): Formulated under the Federal Environmental Protection Agency Decree #58, these Regulations cover the identification, recording, monitoring and disposal of solid and hazardous wastes. The attached schedules list all the chemicals that are classified as hazardous and a number of specified waste sources. The list is extremely extensive and includes a number of heavy metals and cyanide. These Regulations do not specifically refer to the mining industry but do include surface impoundments and waste piles which could be construed as tailings storage facilities and waste dumps. 1999 National Guidelines on Environmental Management Systems: Formulated under the Federal Environmental Protection Agency Decree #58 (amended #59), these Guidelines establish the requirement for an Environmental Management System (EMS) in ‘all organisations/facilities in Nigeria’. They also state that this EMS should be audited annually or as deemed necessary by the Agency. The Guidelines specify the core elements for an EMS and the requirements of the audit. 1999 National Guidelines for Environmental Audit: Formulated under the Federal Environmental Protection Agency Decree #58 (amended #59 and #14), these Guidelines are designed to serve as a reference for compliance with the Environmental Audit Requirements of FEPA but now NESREA. The Regulations state that it is mandatory for a company to carry out an audit every 3 years or at the discretion of the Director General of NESREA. The Regulations list the types of audit; Regulatory Compliance Audit; Process Safety Audit; Occupational Health Audit; Product Quality Audit; Liability Audit; and Management Audit, and their scope. 1999 National Guidelines on Waste Disposal through Underground Injection: Formulated under the Federal Environmental Protection Agency Decree #58 (amended #59), these Guidelines are designed to control the disposal of oilfield and industrial waste underground. Industrial waste is classified as hazardous and non-hazardous according to Regulations S.I. 8, 9 and 15 (see above) and disposal of either underground requires a permit from the Ministry. They are intended mainly for the hydrocarbon industry but, by including industrial waste, could also refer to practices in the mining industry. 1999 National Guidelines and Standards for Water Quality: Formulated under the Federal Environmental Protection Agency Decree #58 (amended #59), these Guidelines also refer to Regulations S.I. 8 and 9 (see above). The Guidelines contained an exhaustive list of water quality

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment parameters designed to protect public health and welfare and enhance the quality of water. Because of the lack of background data in Nigeria, they are based on water quality standards and guidelines from a range of other developed and developing countries. They address the following major uses of water: drinking; recreational; freshwater aquatic life; agricultural (irrigation and livestock watering); and industrial. The industry specific standards do not include the mining industry. 1992 Environmental Impact Assessment Decree (#86): This legislation outlines the goals and objectives of an Environmental Impact Assessment (EIA), the minimum content of an EIA and a list of activities that are not permitted to go ahead until the Federal Environmental Protection Agency has been consulted and given its approval. The list of activities is contained in a schedule and includes: 1 Mining of materials in new areas where the mining lease covers a total area in excess of 250 hectares; 2 Ore processing, including concentrating for aluminium, copper, gold or tantalum; and 3 Sand dredging involving an area of 50 hectares or more. The Regulations also include the process for screening projects and reviewing and approving an EIA.

1995 Environmental Impact Assessment Procedural Guidelines: Formulated under the Environmental Impact Assessment Decree, these Guidelines are designed to assist the proponent in conforming with the requirements of the Decree. They specify the process in easy to follow steps and include a flow chart of the EIA review procedure. 1995 Environmental Impact Assessment Sectoral Guidelines – Mining of Solid Minerals, Beneficiation and Metallurgical Processes: Formulated under the Environmental Impact Assessment Decree, these Guidelines are designed specifically for the mining industry, to assist the proponent in conforming with the requirements of the Decree. They are designed to ensure best practice environmental management and provide an overview of the key environmental, socio-economic and cultural issues, both direct and indirect, and potential significant environmental impacts that should be addressed in the EIA. 2000 Nigerian Environmental Management Act (draft): This act was drafted following the amalgamation of the Federal Environmental Protection Agency in to the Ministry of Environment (see section 2.1.2) but was never ratified. It repeals the 1988 Federal Environmental Protection Agency Decree #58 (amended #59 and #14) and establishes the FEPA as part of the Ministry with the Minister of Environment having primary responsibility for its implementation. It does not repeal any other environmentally related legislation. As well as the general environmental provisions, which include environmental sanitation and occupational health, it specifies the powers of authorised officers and penalties and fines. The Act gives the Minister the authority to grant environmental permits for prescribed activities which includes sand mining but not any other mining activities. 2002 Environmental Guidelines for Solid Minerals Development (draft) The Presidential Committee on Solid Minerals Development was set up in 2002 to design and present a comprehensive agenda for developing the Solid Minerals Sector in Nigeria. Seven sub-committees were established to prepare and submit detailed reports of which the Environmental Management Sub- Committee was one. The specific terms of reference for the Environmental Management Sub-Committee were: 1. To recommend environmental guidelines for mining in line with international standards; 2. To devise strategies for reclamation of mined out land; and

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3. To recommend effective mode of enforcement of existing regulations on reclamation of mined out land. The sub-committee concluded that the terms of reference be broadened beyond reclamation of disturbed land to cover the entire phases involved in mining operations (pre-mining, mining and post-mining). The Environmental Guidelines for Solid Minerals Development were part of this report. Part 1 of the Guidelines establishes that the Federal Ministry of Environment is charged with the overall responsibility for the protection of the environment, biodiversity conservation and sustainable development of Nigeria’s natural and mineral resources. The Ministry’s functions and powers are contained in the enabling acts and laws including Decree #58 (1988) as amended by Decree #59 (1992) and the Environmental Impact Assessment Decree #86 (1992).

Part 1 of the Guidelines establishes that the Federal Ministry of Environment is charged with the overall responsibility for the protection of the environment, biodiversity conservation and sustainable development of Nigeria’s natural and mineral resources. The Ministry’s functions and powers are contained in the enabling acts and laws including Decree #58 (1988) as amended by Decree #59 (1992) and the Environmental Impact Assessment Decree #86 (1992).

The introduction also establishes that the Mines Department of the Ministry of Solid Minerals Development is charged with the task of policy formulation, implementation and the enforcement of laws and regulations related to the safe, orderly, efficient and environmentally sound mining of solid minerals. Section 46 of the Minerals and Mining Decree #34 contains provisions for environmental management. Section 46 states that: 46. (1) The Minister, in his discretion, may by order require the grantee of a mining lease reasonably to restore any area in respect of which mining operations having been, is being, or is to be carried out, on or after the date on which the Decree comes into operation. (2) Any order under subsection (1) of this section may contain all or any of the provisions of the covenants and conditions which may be imposed under the provisions of that subsection and upon due service of the order, the provisions thereof shall be deemed to be covenants and conditions of the lease or grant concerned.

The Guidelines therefore recognise the need for adequate collaboration and consultation between the two Federal Government ministries and other stakeholders.

The Guidelines are divided into two sections (see Table 4.3): the General Guidelines which cover the salient issues of environmental concern in the exploration, mining, mineral processing and de- commissioning activities in solid minerals exploitation; and the Operational Guidelines that present in considerable detail all the actions that must be taken by a mine developer in order to satisfy the legal and regulatory requirements for the environmentally safe development of the mineral and mining sector.

Table 4.3 Scope of the Environmental Guidelines for Solid Minerals Development (2002)

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Part 1 – General Guidelines Role of Governments: •1 Provision of a conducive environment – fiscal, economic, technical, political, legal, security and operational; •2 Control of illegal mining – actively discourage and control; •3 Inventories and baseline studies – baseline environment studies; •4 Mine land reclamation and restoration – of previously mined areas; •5 Enlightenment and sustainability – education and public enlightenment; and •6 Stakeholder consultation – in formulation, implementation, monitoring and evaluation of policies and legislation. Role of Companies and Operators: •1 Environmental impact assessment – in accordance with provisions of EIA Decree; •2 Technical and Economic measures – apply technically proven, economically viable and environmentally friendly technologies; •3 Company/operator compliance – conformity with all laws and regulations; •4 Social concerns and community relations – sensitive areas, consultation and employment; •5 De-commissioning activities – closure and restoration/rehabilitation; •6 De-watering activities – no contamination of natural waters; •7 Infrastructural development – new roads and drainage channels; and •8 Health, safety and welfare measures – safe working environmental and first aid.

General Industry Roles: •1 Guidelines for the development of a health, safety and environment plan and a mine contingency plan. Role of Stakeholders: •2 Compliance – adequate government and stakeholder consultation; •3 Good environmental home keeping – environmental management and development and implementation of environmental management system and emergency preparedness and response plan; •4 Environmental responsibility and accountability – highest level of management and policy makers; •5 Responsibilities of employees – environmental management and compliance; •6 Community participation – information for and dialogue with affected communities and directly interested groups; •7 Sound and feasible technologies – environmentally sound and technically feasible technologies and practices; •8 Sustainable mining practices – best practice to minimise environmental degradation and depletion of resources; •9 Funding and collaboration – funding of information systems, research, training etc; and •10 Related documents and harmonisation – familiarisation with related policy and legislation.

Part 2: Operational Guidelines Environmental Policy Goals: •1 To achieve sustainable development in Nigeria as established in National Policy on the environment, the National Agenda 21 and the provisions of Section 20 of the 1999 Constitution of the Federal Republic of Nigeria (The State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria).

The Mining Operations Plan: •2 Mining and rehabilitation operations necessary for compliance with the Mining Act; •3 To be lodged with Director of Mines prior to start of mining operations; •4 To be submitted with an application to open a mine; and •5 To be reviewed and approved by the Director. Environmental Impact Assessment: •1 To be submitted to Director of Mines; •2 Must be carried out in full compliance with EIA Decree #86 and related guidelines; •3 List of contents; •4 To be processed by the Director in compliance with the EIA Decree; and •5 To be approved by the Director/Minister within 60 days of submission.

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Mine Dumps: •1 Definitions; •2 Procedures to be followed; •3 Approval to be granted by the Director of Mines; •4 Three month inspection and environmental audit; •5 Records; and •6 Process for closure. Air Quality Standards: •1 Compliance with Guidelines and Standards for Environmental Pollution Control (1991) and Occupational Health and Safety legislation; •2 Air quality limits not included in legislation will be provided by the Director of Mines; and •3 Monitoring and quarterly reporting requirements.

Water Quality Standards: •1 Compliance with national Water Act, WHO standards and 1991 National Environmental Protection (Effluent Limitation) Regulations (S.I. 9); and •2 Monthly sampling of liquid effluent and report to the Director of Mines. Noise: •1 Occupational exposure of workers to noise should not exceed 90 decibels dBA daily; •2 Monthly monitoring of noise levels reported to Director of Mines; and •3 Mitigate noise impact by providing ear muffs. Storage, Handling and Processing of Hazardous Materials: •1 Definitions associated with hazardous materials; •2 Safe working practices in relation to workforce on site; •3 Mitigation procedures; •4 Storage of hazardous products to be approved by Director of Mines; and •5 Transportation of acid. Miscellaneous Provisions: •1 Public access to information; •2 Provision of protective clothing for employees; •3 Provision of washing and eating facilities for employees; •4 Provision of code of safe working practice for employees; •5 Protection of areas of subsidence; •6 Approval in writing from the Director of Mines for deposition of tailings or other fluid materials; and •7 Isolation of dumps where there is a possibility of spontaneous combustion. Impact Monitoring and Management Plans: •1 Director’s office to establish register of old mining areas and rehabilitation status; •2 Independent inspectors to verify Environmental Management Plan; •3 Provision for the Director to commission an independent audit to be paid for by the mine developer; and •4 Details of contents of Environmental Management Plan. Mine Closure and Reclamation: •1 Provision of mine closure plan with application to open a mine; •2 Cost of restoration to be paid into a Special Account; •3 Approval of mine closure plans by Director of Mines; •4 Use of inspectors to ensure closure carried out correctly; and •5 Provision for a post closure monitoring programme. Annual Environmental Management Report: •1 Contents of Annual Environmental Management Report to be lodged with the Director of Mines; and •2 Provision for the Director to request additional actions or studies. Inspection and Compliance Monitoring: •1 Provision for the Director of Mines to appoint Inspectors of Mines; and •2 Powers of the Inspectors of Mines. The Environmental Reclamation Fund: •1 Establishment of a fund to pay for restoration of abandoned devastated mining sites; •2 Fund to receive monies from Federal budget and Ecological Funds; •3 Mine developers to pay statutory contributions to the Fund at the discretion of the government; and •4 Mine developers to deposit in the Fund the full cost of closure and restoration of their mine site.

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The Guidelines also include a collation of the relevant Nigerian guidelines and standards for air quality, water quality, noise exposure, emission limits and recommended test methods for parameter analysis.

1993 Water Resources Act (#101): This Decree covers the right to the use and control of all surface and groundwater and water in any water-course affecting more than one State as described in the Schedule. It is mainly concerned with water abstraction, the provision of potable water and the discharge of domestic effluent.

2007 The National Environmental Standards and Regulations Enforcement Agency (NESREA) has the responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination, and liaison with, relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines

4.3.3 World Bank guidelines and safeguard policies The World Bank requires all projects supported under its financial programmes to be undertaken in accordance with its environmental and social safeguard policies, many of which are directly applicable to mineral sector developments as follows:

World Bank Operational Policies 4.01 Environmental Assessment 4.04 Natural Habitats 4.09 Pest Management 4.11 Cultural Property 4.20 Indigenous peoples 4.30 Involuntary Resettlement 4.36 Forestry 4.37 Safety of dams World Bank Environment, Health & Safety Guidelines Mining & Milling – Open Pit Mining & Milling – Underground IFC Environmental Health & Safety Guidelines Construction Materials Plants Occupational Health & Safety Hazardous Materials Management

IFC Policy Statement on Forced Labour and Harmful Child Labour

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OP 4.01 Environmental Assessment requires environmental assessment of all projects proposed for Bank funding to ensure that they are environmentally and socially sound and sustainable. In this instance, this SESA is what is described as a Sectoral Assessment, which is: An instrument that examines environmental issues and impacts associated with a particular strategy, policy, plan or programme, or with a series of projects for a specific sector…, evaluates and compares the impacts against those of alternative options, assesses the legal and institutional aspects relevant to the issues and impacts, and recommends broad measures to strengthen environmental management in the sector.

In addition to these current and stated policies and guidelines, the recent WBG Extractive Industries Review (January 2004) contains a wide range of proposed policies and actions that will improve the environmental and social sustainability of the minerals sector. These include measures for: • Pro-poor governance • Environmental and social components, including integrated environmental and social assessments, natural habitat policy, resettlement policy, disclosure policy, integrated closure planning, emergency prevention and response. • Guidelines for tailings disposal, waste management, use of toxic substances. • Address the legacy of the past. • Human rights and labour standards.

This Environmental and Social Management Plan has been prepared with full cognisance of the relevant WBG policies and guidelines. It is also important to note that all environmental and social mismanagement of the SMMR Project, is in accordance with the plan set out originally in the SESA document.

It should also be noted that under the SMMR Project, a Resettlement Policy Framework (RPF) and a Process Framework (PF) are being prepared and reviewed along with this SESA document as conditions fulfilling the request for additional financing.

4.3.3 Institutional framework & capacity

Federal Ministry of Environment FMEnv This FMEnv was created in 1999 and replaced the Federal Environmental Protection Agency. At the time it also incorporated nine departments from other Ministries. The mandate of the new Ministry is to co- ordinate environmental protection and natural resources conservation for sustainable development and specifically to: 1 Secure a quality of environment adequate for good health and well being; 2 Promote the sustainable use of natural resources; 3 Restore and maintain the ecosystem and ecological processes and preserve biodiversity; 4 Raise public awareness and promote understanding of linkages of environment; and

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5 Co-operate with government bodies and other countries and international organisations on environmental matters.

The organisational structure of FMEnv is shown in Figure 4.3 below. Although the mining sector is not mentioned specifically in the mandates there are 2 technical departments that are directly relevant to mineral exploitation; the Department of Environmental Assessment and the Department of Pollution Control and Environmental Health, with the Department of Conservation marginally involved.

FMEnv does have one industry sector-based department, dealing with oil and gas. This provides an integrated interface with the sector, which could potentially be extended to include mining.

Minister

Federal Ministry of Environment

Department Department Legal Unit Policy Department of of Planning, of Personnel Internal Audit Unit/Revenue Finance and Research & Management Protocol Unit Unit Supplies Statistic Press Unit Procurement Privatization Adm & Stock Unit Verification Unit

Department of Department of Department Department of Department Department of Environmental Drought and of Forestry Erosion/Flood of Pollution Environmental Assessment Desertification Control, and Control Health and Amelioration Coastal Zone Sanitation Development

Figure 4.3 Organisational structure of FMEnv

4.3.3.2 The National Environmental Standards and Regulations Enforcement Agency (NESREA), an Agency of the Ministry of Environment Housing and Urban Development is charged with the responsibility of enforcing environmental Laws, regulations and standard in deterring people, industries and organization from polluting and degrading the environment.

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NESREA has the responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination, and liaison with, relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.

Some functions of the Agency, amongst others include to:

• enforce compliance with laws, guidelines, policies and standards on environmental matters; • coordinate and liaise with, stakeholders, within and outside Nigeria on matters of environmental standards, regulations and enforcement; • enforce compliance with the provisions of international agreements, protocols, conventions and treaties on the environment including climate change, biodiversity conservation, desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution, sanitation and such other environmental agreements as may from time to time come into force; • enforce compliance with policies, standards, , legislation and guidelines on water quality, Environmental Health and Sanitation, including pollution abatement; • enforce compliance with guidelines, and legislation on sustainable management of the ecosystem, biodiversity conservation and the development of Nigeria’s natural resources; • enforce compliance with any legislation on sound chemical management, safe use of pesticides and disposal of spent packages thereof; • enforce compliance with regulations on the importation, exportation, production, distribution, storage, sale, use, handling and disposal of hazardous chemicals and waste, other than in the oil and gas sector; • enforce through compliance monitoring, the environmental regulations and standards on noise, air, land, seas, oceans and other water bodies other than in the oil and gas sector; • ensure that environmental projects funded by donor organizations and external support agencies adhere to regulations in environmental safety and protection; • enforce environmental control measures through registration, licensing and permitting Systems other than in the oil and gas sector; • conduct environmental audit and establish data bank on regulatory and enforcement mechanisms of environmental standards other than in the oil and gas sector; • create public awareness and provide environmental education on sustainable environmental management, promote private sector compliance with environmental regulations other than in the oil and gas sector and publish general scientific or other data resulting from the performance of its functions; and

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• carry out such activities as are necessary or expedient for the performance of its functions.

The Agency has powers to:

• prohibit processes and use of equipment or technology that undermine environmental quality; • conduct field follow-up of compliance with set standards and take procedures prescribed by law against any violator; • subject to the provision of the Constitution of the Federal Republic of Nigeria, 1999, and in collaboration with relevant judicial authorities establish mobile courts to expeditiously dispense cases of violation of environmental regulation;

Minister

Director General

Legal Services Unit Press & Public Laboratory Relations Unit Coordination Servicom Unit Internal Audit Zonal Offices Coordination Unit

Department of Department of Department of Department of Planning and Inspection and Environmental Administration Policy Analysis Enforcement Quality Control and Finance

4.4 Labour, commerce & socio-economic regulation

Nigeria’s constitution provides a detailed legal framework for the protection of labour and communities. In practice, individuals are more conscious of their rights in granting social licence to mining operators and investors because of the mining reforms of the Federal Government.

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4.4.1 Laws & regulations

4.4.1.1 Land tenure and access to land The Federal Land Use Act of 1978 was designed to regulate ownership of land, the principle of land tenure, rents and rights of occupancy. The motivation behind the establishment of the decree was fourfold: to make land more easily available for development, to reduce the cost of acquiring land and development, to facilitate planned development of settlements, and to eliminate land speculation- especially in urban and peri-urban areas. Essentially, the act allowed for the transfer of land tenure from traditional rulers, village heads, heads of family, etc, to the state, and according to the act, overall responsibility for the control and management of land in urban areas falls under the States, while land allocation in rural areas was to fall to local government. In practice, however, the act failed to supersede customary law for communal ownership of land resources and has never been fully enforced.

In reality land tenure and land use in Nigeria are governed by a combination of statutory and customary laws. Land tenure rules provide for the right to own or possess land, while land use rules provide for the right to use land in a certain way: There are three basic, de facto, tenure systems in force in Nigeria. They are shown in the box below.

Land Tenure and Land Use Land tenure and land use in Nigeria are governed by a combination of statutory and customary laws.Land tenure rules provide for the right to own or possess land, while land use rules provide for the right to use land in a certain way; land tenure rights normally include use rights, and are therefore more comprehensive in scope (Gunding, 2000).

The Federal Land Use Act of 1978 was designed to regulate ownership of land, the principles of land tenure, rents and rights of occupancy (Federal Land Use Act, Sec.1). The motivation behind the establishment of the decree was fourfold: to make land more easily available for development, to reduce the cost of acquiring land for development, to facilitate planned development of settlements, and to eliminate land speculation especially in urban and peri-urban areas. Essentially, the act allowed for the transfer of land tenure from traditional rulers, village heads, heads of family, etc. to the state, and according to the act, overall responsibility for the control and management of land in urban areas, including land allocation, was to become the responsibility of the governor of each state. Responsibility for land allocation in rural areas was to fall to local government. In practice, however, the act has failed to supersede customary law for communal ownership of land resources and has never been fully enforced. There are three basic, de facto, tenural systems in force in Nigeria. These are: • State Tenure – Under this system, land estates are put under the management of the state (either federal or state government; e.g., National Parks, State Forest Reserves, etc.), to be held in trust and administered for the use and benefit of the local and larger

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Nigerian population. • Communal Tenure – Here, members of a community hold customary rights to land within the area controlled by that community. Within this system families, special interest groups and individuals may be granted usufruct rights over certain parcels of land and associated resources. Traditional rulers or village heads are generally responsible for exercising control over the management of unallocated community holdings. Generally, communal lands are not alienable. • Private Tenure – In this case, property acquired through purchase, inheritance, gift or exchange, is held exclusively by an individual or a corporate entity. While in many parts of Nigeria land tenure continues to be a contentious point and a source of conflict between communities and the state; among communities; and among individuals environmental degradation seems to be less directly tied to any one land tenure system, and more directly to: • conflict between land tenure systems (especially between state and communal systems), and • resource management practices associated with certain land use systems. Currently no land use policy exists in Nigeria. Instead, states are encouraged to derive their legislation from the Federal legislative framework. While some states have taken steps to develop legislation to improve (from an environmental perspective) resource management through decrees against bush burning, agricultural expansion into forest lands, etc., major impediments to sustainable environmental management still exist. Two key land tenure and land use issues that require future consideration include how to mediate/resolve problems that arise between tenure systems; and how, within the various tenure systems, to support policy/institutional frameworks that are capable of promoting the sustainable use of natural resources.

4.4.1.2 Land rights and mining

The Nigerian minerals and mining act of 2007, section 97-2 states that the minister may by order publish in the gazette direct the provisions of sub section (1) of this section to apply within such local limits as may be prescribe by the order, to any minerals which the Minister is satisfied has before the commencement of this Act been customarily won by any community. Section 98-(1) also provides that no person shall, in the course of exploration on mining carry out operation in or under any area held to be scared or permit injury or destruction of any tree or other thing which is the object of veneration.

The Nigerian minerals and mining act of 2007 states that a holder of minerals title may, in additional to any other amount payable under the provision of this act and subject to valuation report by government licence valuer, pay to the occupier of land held under a State lease or the subject of right of occupancy.

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a) reasonable compensation for any disturbance of the surface right of the owner or occupier and any damage done to the surfaced of the land on which the exploration or mining, is been or has been carried; and b) in addition pay to the owner of any crop, economic tree, building or work damage, remove or destroyed by the holder of the mining title or by any of its agent servant, compensation for the damage, removal or destruction of the crop, economic tree, building or work.

In practice, Consent to Enter Land for prospecting has been a contentious. Local land owner occupiers cannot understand why a stranger would just walk into his farm land and start digging, unless they were certain that minerals exist, so there can be high expectations and costly negotiations resulting in onerous commitments for prospectors and miners for speculative prospecting and exploration.

4.4.1.3 Community Development Agreement

Subject to the provisions of this section, the Holder of a Mining lease, Small Scale Mining Lease or Quarry Lease shall prior to the commencement of any development activity within the lease area, conclude with the host community where the operations are to be conducted an agreement referred to as a Community Development Agreement or other such agreement that will ensure the transfer of social and economic benefits to the community.

(2) The Community Development Agreement shall contain undertakings with respect to the social and economic contributions that the project will make to the sustainability of such community.

(3) The Community Development Agreement shall address all or some of the following issues when relevant to the host community-

(a) educational scholarship, apprenticeship, technical training and employment opportunities for indigenes of the communities;

(b) financial or other forms of contributory support for infrastructural development and maintenance such as education, health· or other community services,roads, water and power;

(c) assistance with the creation, development and support to small scale and micro enterprises;

(d) agricultural product marketing: and

(e) methods and procedures of environment and socio-economic management and local governance enhancement.

(4) In the event of the failure of the host community and the lessee, after several attempts to conclude the Community Development Agreement by the time the Title Holder is ready to commence development work on the lease area, the matter shall be referred to the Minister for resolution.

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(5) The Community Development Agreement shall be subject to review every 5 years and shall, until reviewed by the parties, have binding effect on the parties.

The Community Development Agreement shall specify appropriate consultative and monitoring frameworks between the Mineral title Holder and the host community, and the means by which the community may participate in the planning, implementation, management and monitoring of activities carried out under the agreement.

4.4.1.3 Displacement and resettlement In the past, when large scale-mineral mining projects involved resettlement in Nigeria, informal compensation arrangements were made with the affected communities. Currently, there are no large-scale mining operations active and in the areas where artisanal and small scale mining is undertaken, re- settlement has not been an issue.

However in terms of the development of the Nigerian mineral mining industry involuntary resettlement may well become a necessity and guidelines for resettlement will be needed. The World Bank provides a policy for resettlement for Projects requiring its funding, which is widely accepted. These are contained in The World Bank Operational Policy, OP 4.12 December 2001 Involuntary Resettlement (Revised April 2004).

4.4.2 Institutional framework and capacity

4.4.2.1 Local government There are a total of 774 Local Governments in the 36 states of Nigeria. These are headed by a local government chairman and a council, consisting of district ward representatives. Typically, local governments are comprised of six departments; Administration, Finance, Works, Agriculture, Health, and Education and Social Services.

Consolidated Revenue Allocation is shared among the three tiers of government without transparent allocation criteria. Local government does play an important role in dealing with traditional community matters/conflicts and safety issues. Although every village has a chief who is in charge of the settlement of conflicts and land disputes between individuals, families, tribes, and religious group, there is still a district overseer who manages the village heads in his area. Depending on the sensitivity and magnitude of conflicts it is either the headmen or Local government who settles the dispute. Large scale ethnic and political matters are however resolved at State or Federal levels.

4.4.2.2 Local government and mining The Minerals and Mining Act 2007 requires that the holder of a prospecting right obtains the consent of the relevant Local Government Council (LGC) before entering upon and prospecting on any land within any Local Government Area. The MSMD require that the written consent of the LGC be provided with each application for an exclusive prospecting license. Thus, a company that wants to enter that particular geographical area must obtain the consent of the LGC before it can enter that area and “beacon”, or stake, it for purposes of obtaining an exclusive prospecting license. This requirement avoids the risk of refusal

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4.4.2.3 Role and activity of NGOs A growing number of civil society organizations/NGOs are becoming active partners in Nigeria’s environment and development sector. Currently, NGOs are working to improve various aspects of sustainable development and environmental management and protection.

In some of the states, such as Enugu and Ebonyi well-organized NGOs such as Poverty Eradication of Nigeria (POVINA) and the Enugu State Women Empowerment (ESEPA) are active. It is difficult to assess the quantity and quality of existing NGO’s, since not all are registered, and others mainly exist on paper. However there are more than 50 functional environmental NGO’s in Nigeria.

NGOs, can provide support for government in a process of decentralisation of environmental and development programmes. They are however also invaluable as pressure groups, which gain political and environmental relevance to the degree they are able to influence government action and policy. In a country such as Nigeria, which has been battling with government corruption, civil society organisations have the potential to gain the trust of the population and may as such be in a privileged position to engage the population in development endeavours

However, several Nigerian NGO’s are currently been empowered to fulfil these important functions. Their financial, human and technical capacity are been strengthened to play a significant role.

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ENVIRONMENTAL & SOCIAL IMPACTS OF THE PROJECT

5.1 Potential environmental effects of mining in Nigeria

5.1.1 Potential impacts of mining.

Mineral extraction and processing is associated with a wide range of environmental and social impacts, which can be of various types: 1 Short, medium and long term 2 Direct and indirect 3 Reversible or irreversible 4 Local or regional 5 Physical, chemical, biological and socio-economic 6 Beneficial and adverse

International experience is that, for a properly designed and managed mineral operation, most of the adverse impacts are avoidable or reversible, and can be mitigated by good environmental and social management practices.

A summary of potential environmental and social effects/ impacts associated with mining activities is given in Table 5.1 Below.

Table 5.1: Potential Environmental Impacts, Pollution Sources, Occupational Health Issues and Social, Economic and Cultural Impacts associated with Mining Activities Environmental Impacts Destruction of natural habitat at the mining site and at waste disposal sites Destruction of adjacent habitats as a result of emissions and discharges Destruction of adjacent habitats arising from an influx of settlers and mine encroachments Adverse changes in river regime and ecology due to pollution, siltation and flow modification Alteration of water tables Soil contamination form treatment residues and spillage of chemicals Change in landform Land degradation due to inadequate rehabilitation after closure Land instability Danger from failure of structures and dams Abandoned equipment and buildings

Pollution Sources Drainage from mining sites, including acid mine drainage and discharged mine water Sediment runoff from mining sites Pollution resulting from mining operations in river beds Effluents from minerals processing operations Sewage effluent from the site Oil and fuel spills

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Leaching of pollutants from tailings residues, disposal areas and contaminated soils Air emissions from minerals processing activities Dust emissions from sites close to residential areas and habitats Release of methane from mines

Occupational Health Issues Handling of chemicals Dust inhalation Fugitive emissions within the plant Air emissions within confined spaces from transport, blasting and combustion Exposure to asbestos, cyanide, mercury or other toxic materials used on-site Exposure to heat, noise and vibration Physical risks at plant sites Unsanitary living conditions Unsafe work practices and conditions

Social, Economic and Cultural Impacts Dislocation of local populations Effects on ethnic groups Effects on historic and religious sites Land tenure Conflicts regarding use of land, wildlife and water resources Welfare and participation of women and indigenous groups Changes in social, cultural and economic patterns within the local community Need for learning new skills Influx of workforce and families.

The environmental destruction is the single most visible aspect of mining in Nigeria. However, as with many other African countries, a lack of awareness, particularly of the less visible or long-term environmental impacts of activities, combined with a lack of information about affordable methods to reduce impacts and a lack of obvious incentives to change, all contribute to the significant environmental and social problems within the mining sector of Nigeria.

Each type of mineral deposit requires specific working and refining systems presenting particular concerns or threats to the local environment. The main type of mineral deposits and threats to the environment are:

1 River alluviums contain heavy minerals such as gold. Removal of river alluvium during the dry season can cause river course changes, undermining of river banks, abutments, embankments and dwellings, as well as increasing water turbidity that leads to the blockage of town river water abstraction systems during wet season floods. 2 Marine alluviums include beaches, sandbanks and reef limestone deposits the mining of which changes in coastal currents resulting in coastal erosion and changes in local ecological environments that result in the removal of marine species. 3 Sedimentary rocks include stratiform deposits such as coal, the mining of which causes land surface subsidence with structural failure of roads, bridges and buildings. Groundwater drainage in

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underground workings increases causing water level decline. Open pit mining can remove large volumes of sedimentary rock scarring landscapes with waste tips. Farmland is lost and surface waters are contaminated by toxic mine water discharges affecting fish and other aquatic life forms. The depth of pit excavation is limited by the dry season water table. Excavation below that level requires dewatering by pumping water to waste. Abandoned open pits become sources of pollution when used as landfill sites. 4 Veins in basement and sedimentary rocks are narrow linear deposits accessed by mines and open pits. Deposits are worked by open pit where the depth of working is limited by the thickness of the near surface weathering and seasonal water tables. Deep mine working is developed if the deposit is rich enough and quantities of groundwater present are small. 5 Weathered Precambrian Basement rock can contain broad deposits initially developed by surface pitting that are combined as a single open pit excavation if the deposit is large enough. 6 Hard Precambrian Basement rocks are worked in rock quarries as sources of aggregate for major road projects.

Since most of the operations in Nigeria are artisanal and subsistence activities that struggle to survive from day to day, miners are forced to focus more on immediate concerns than the long-term consequences of their activities. Currently the FGN has put the necessary infrastructure to effectively monitor and control these informal activities that occur in remote and sometimes inaccessible locations. The particular environmental problems associated with ASM sector are summarised in the box below.

It must also be remembered that poverty alleviation is intimately linked with environmental management. In Nigeria these links include the burden of disease that affects the rural populace through pollution of water and air and their dependence on natural resources and ecosystem services which when degraded can undermine their livelihoods.

One consolation is that the majority of environmental impacts although intensive, appear to be confined to the close proximity of the ASM workings. As a result, the impacts of individual operations are of a limited scale. Nevertheless, the cumulative effects of these mining activities may be less apparent, and should be borne in mind. The regenerative capability of the natural vegetation of the environs where the ASM operations occur has been identified by the ministry through the line department i.e. MCO, ASM, MEC and MI.

Based on these preliminary assessment there is a difference in the environmental impact of the (theoretically) regulated licensed workings and the unregulated ASM diggings in Nigeria.

5.1.2 Potential releases & effects

The record of potential effects and releases of the mining industry specific to Nigeria are limited. The report of the inventory of abandoned mines and quarries commissioned by the Ministry of Mines and Steel Development (MMSD) evaluated the potential for environmental impacts in Nigeria. Currently information and database are available on abandoned mines and quarries and their environmental and social impacts.

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The basic framework as obtained from the Inventory of abandoned mines and quarries of the Risk Assessment approach is using the source-pathway-receptor concept as follows:

• Sources: potential for environmental effects such as contaminant emission (pollution flows), either from operations or pollution stocks, other releases, such as gasses, solid wastes, noise, and effects such as visual intrusion. • Pathways / migration: the possibilities and nature of transport of the releases or effects away from the source. • Receptors / targets: human receptors, vulnerable interests or material assets that could be affected.

The sources applicable to mining operations can be related to the mining objects and activities that comprise a mining operation. These can be considered under the following main categories: • Mineral extraction • Mineral processing • Disposal of wastes (solid, fluid) • Other operations and infrastructure.

For each object/activity, it is possible to identify potential pollution stocks and flows, which comprise the releases and effects (i.e. Sources). Table 5.2 gives a listing of the potential releases and effects associated with mining operations; these are based on a wide generic mining sector and reflect the typical concerns and impacts associated with the mining sector. The specific nature of the releases and effects, the circumstances that give rise to them and the associated risks are very dependent on the type of mine and the mineral extracted and processed.

Table 5.2: Releases and effects (stocks and flows) associated with mining activities

Releases & effects Stocks Flows

SESA REPORT JANUARY Page Mineral extraction Existence Area (total, Land Mine wastes and overburden operational) consumption Radon? Depth Visual Mineral content intrusion, Federal Government of Nigeria obstruction Ministry of Mines and Steel Development Hazardous – pit Sustainable Management of Mineral Resources Project slopes Sectoral Environmental & Social Assessment Unstable ground – pit slopes Dust Noise Deposits on soil Hydrocarbons (fuel/oil spillage) Draglines Material moved Dust (m3/week) Noise Dewatering Depth to Waterbody Seepage to groundwater groundwater Discharge to surface water (natural level) Lowering regional water tables Volume pumped (m3/week) Quality (pH, salinity, metals, TSS) Hydraulic Description and Seepage to groundwater mining (high production Discharge to surface waters pressure water Water usage Water supply – pits or waste dumps) Conveyor Distance Dust (mineral and Material moved Noise waste) Deposits on soil Drilling and Frequency Dust from drilling blasting Volume blasted Vibration Explosive type Nitrates in groundwater Extraction, Area (total, Unstable Waste rock voids active) ground Subsidence Depth Methane emissions Rock type Winding, Number Open shafts - access – shafts (operational, hazard disused) Visual intrusion Headgear height of headgear Adits or incline Number Access to (operational, hazardous disused) workings Ventilation Air volume Noise Methane content Dust Methane emissions Radon De-watering Volume pumped Underground Discharge to surface waters. (m3/week) waters after Seepage to groundwater. Quality (pH, groundwater Groundwater depression. salinity, metals, rebound – New water issues after groundwater rebound. TSS) mineralisation Cone of of rock (AMD) depression. Injection & Nature and Seepage of solutions to groundwater extraction of quantity of solutions solution Creation of Void volume and Subsidence cavities depth Mineral Processing Mineral/ROM Material (esp. Unused or low grade stockpiles stockpiles metal contents) Volumes Crushing, Throughput screening, loading hoppers Gravity Reagents (type separation and amount) SESA REPORT and/or Concentrate JANUARY flotation production Page Washing Water volumes Reagents added Federal Government of Nigeria Ministry of Mines and Steel Development

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5.1.3 Legacy of past mining

Nigeria has, as do most other countries, a legacy of dereliction from past and recent mining activities, arising from colonial mines in the 19th and early 20th centuries and more recent artisanal mining. Except in some areas (eg. Plateau State) this is not a widespread problem, but some of the occurrences are serious, if localised (for example, water pollution at Obwetti coal mine in Enugu (see Photo 5.1 below), and deforestation and degradation of 70 km of land in Jos, Plateau (see Photo 5.2 below). The environmental problems that are evident include abandoned tailings and other dumps, some toxic materials, open mine entries and open pits, with unstable slopes and unstable ground associated with shallow underground workings.

In view of the above an inventory of abandoned mines and quarries was carried out through out Nigeria the environmental and social effects of past mining activities were categorised according to their risk factors.

Photo 5. 1 Large area of degradation, Dago Na Hauwa, Jos

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Photo 5.2 Water issuing from main adit, Okpara coal mine, Enugu

5.1.4 Potential environmental and occupational impacts by commodity

For each mineral commodity, it is possible to anticipate the likely mining and processing routes, the potential wastes and typical environmental issues that are associated with it. Table 5.3 is a summary of this for the range of commodities occurring, or so far known to occur, in Nigeria.

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Table 5.3: Nigerian solid mineral commodities and typical environmental issues

Mineral Geology Mining methods Basic on-site beneficiation Waste streams Typical environmental & processing issues 1. Granite and rhyolite of the younger Granite complex. Pegmatite tin worked by Visual impact of numerous small underground and Metallic Cassiterite 2. Granite Gneiss and Basic gravity processing Large volumes of generally small open-cut workings. open-cut workings. Minerals diorite of the younger after primary crushing inert, coarse tailings Sn Alluvial tin might be Local deforestation for granite mine support. 3. Primary deposit in worked by dredges. pegmatites 1. Oolitic ironstones within Cretaceous sandstone, mudstone and clay sequence of Can be as simple as Bida Formation. Very large scale, drill and Generally small volumes of Visual impact of large, red crushing and washing, Iron Ore 2. Banded iron formation blast, truck and shovel waste, but overburden and open pits as well as waste although heavy-media ferruginous quartzite open pit mining low grade material from dumps and usually large Fe separation and magnetic interblended with operations open pits process facilities migmatite-gneiss. separation used. 3. Lateritic ironstone with loose angular fragments. Large volume of waste in relation to product (50% to Lead Basement complex rocks of Mainly underground Crushing, milling, flotation 75%) Residual metals and ARD gneiss-migmatite suite. mining of vein deposits. to produce concentrate. in TMF and waste dumps. (Galena) Flotation tailings (TMF). Galena occurs in veins Some open-pitting of Basic flotation reagents AMD if high-pyrite in Waste rock from u/g Pb cutting the suite. surface deposits. used. orebody. development.

1. Sulphide vein cutting Large volume of waste in Cretaceous sandstones relation to product (50% to and shales. Mainly underground Crushing, milling, flotation 75%) Residual metals and ARD Lead – Zinc 2. Hydrothermal vein in TMF and waste dumps. mining of vein deposits. to produce concentrate. Flotation tailings (TMF). Pb/Zn cutting into the Some open-pitting of Basic flotation reagents AMD if high-pyrite in Waste rock from u/g sequence of shales, surface deposits. used. orebody. limestone as the ASU development. River Group

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3. Galena veins cutting the sequence of shales and limestone of Asu river Group 1. Vein deposit in basinal sequence of sandstone. Large volume of waste in Mudstone, shales, and relation to product (50% to limestone of Asu river Underground mining of 75%) Residual metals and ARD Lead – Crushing, grinding, group. generally steep, vein type in TMF and waste dumps. Fluoride flotation to produce a Flotation tailings (TMF). 2. Galena occurs as orebodies using sub-level AMD if high-pyrite in Pb/F concentrate. Waste rock from u/g hydrothermal vein stoping or caving method. orebody. within the sequence of development. limestone, siltstones of Asu river group. 1. As layers within the clays and grits of Illo Open pit mining using Crushing, screening, Formation. standard truck and shovel washing, sink-float and high Moderate volumes of Manganese Visual impact of large open 2. Manganese occurs operation after drill and intensity magnetic generally inert waste rock pit mining operations. Mn disseminated within blast. Some underground separation is simplest form and tailings. the gneiss-migmatite mining if grades warrant. of processing. complex. Large volumes of mostly 1. Younger granite Ilmenite-rutile usually benign igneous or Possibility of uranium Ilmenite - Simple magnetic and 2. Gneisses, schist and worked as open pit or metamorphic rock, or bearing minerals in the Rutile electrostatic methods. quartzite in granitoids. dredge operation. gravels from alluvial or waste stream. beach sand operations. Visual impact of numerous Pegmatites within basement Small open cuts along Wolframite Gravity separation using Mostly feldspar and small scale mining efforts. gneisses, schist and individual pegmatite veins simple jigs and tables siliceous coarse waste rock. Deforestation of area for W granites. or underground workings mine support. Visual impact of numerous Crushing, heavy-media small scale mining efforts. Pegmatites within basement Small open cuts along Lithium separation, grinding and Mostly feldspar and Deforestation of area for gneisses, schist and individual pegmatite veins classification, flotation and siliceous coarse waste rock. mine support. Possibility of Li granites. or underground workings magnetic separation. radioactive minerals in waste stream. Restricted almost entirely Occurs as magmatic Chromite to small-scale Large volumes of coarse Relatively large coarse Possibility of asbestos in segregations within underground operations igneous waste rock. waste dumps. waste rock. Cr ultramafic bodies. (outside of South Africa). Uranium Pegmatites within basement Small open cuts along Uranium minerals would Mostly feldspar and Visual impact of numerous

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U gneisses, schist and individual pegmatite veins tend to be hand sorted from siliceous coarse waste rock. small scale mining efforts. granites. or underground workings the ore. Deforestation of area for mine support. Possibility of radioactive minerals in waste stream. Visual impact of numerous Pegmatites within basement Small open cuts along Simple gravity Mostly feldspar and small scale mining efforts. Tantalite gneisses, schist and individual pegmatite veins concentration using jigs and siliceous coarse waste rock. Deforestation of area for granites. or underground workings tables mine support. Visual impact of numerous Primary deposit in the Small open cuts along Simple gravity Mostly feldspar and small scale mining efforts. Columbite biotite granite of the individual pegmatite veins concentration using jigs and siliceous coarse waste rock. Deforestation of area for younger Granite complex. or underground workings tables mine support. Large volume of waste in relation to product (50% to Mainly underground Crushing, milling, flotation 75%) Residual metals and ARD Associated with Pb/Zn and mining of vein deposits. to produce concentrate. in TMF and waste dumps. Bismuth Flotation tailings (TMF). Sn deposits. Some open-pitting of Basic flotation reagents AMD if high-pyrite in Waste rock from u/g surface deposits. used. orebody. development.

Crushing, milling, flotation Visual impact of numerous In the Nigerian setting, Much coarse, mostly inert Shallow underground or to produce concentrate. small scale mining efforts. Molybdenite likely to be as pegmatite waste. surface open cuts. Basic flotation reagents Deforestation of area for with Sn. used. Flotation tailings. mine support. Large volume of waste in Open pit for surface Crushing and grinding, then relation to product (>95%) CN and residual metals 1. Heap leach, or deposits (porphry). Heap leach - Spent heaps (including As) in TMF and 2. Biox, and/or Underground mining. tailings discharge/seepage. 3. Cyanidation & CIL Tailings from CN/CIL in extraction of gold. TMF. TMF failure releasing CN. Gold refining. Waste rock and low-grade ARD if high pyrite. ore.

Residual Au in old mine dumps and tailings Occurs in vein within the Small-scale, open cut Large volumes of Unsightly scarred landscape Gem-stone Amethyst Hand sorting. basement granite gneisses. and/or shallow siliceous/feldspar-rich with many irregular

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underground workings coarse waste. workings. Deforestation also to support underground workings Unsightly scarred landscape Occurs within pegmatitic Small-scale, open cut Large volumes of with many irregular Beryl bodies in basement and/or shallow Hand sorting. siliceous/feldspar-rich workings. Deforestation complex. underground workings coarse waste. also to support underground workings Unsightly scarred landscape Type of corundum, very with many irregular hard mineral, small-scale Relatively large volumes of Sapphire Occurs in alkaline basalts Hand sorting. workings. Deforestation mining, either open cut or coarse waste material also to support underground underground workings Unsightly scarred landscape Occurs within migmatite – Small-scale, open cut with many irregular Relatively large volumes of Tourmaline gneiss complex intruded by and/or shallow Hand sorting. workings. Deforestation coarse waste material granitoid. underground workings also to support underground workings Unsightly scarred landscape Occurs in narrow stock- Small-scale, open cut with many irregular work veins in the copula Relatively large volumes of Aqua - marine and/or shallow Hand sorting. workings. Deforestation zone of younger granite coarse waste material underground workings also to support underground intrusion. workings Unsightly scarred landscape Small-scale, open cut with many irregular Emerald & Relatively large volumes of and/or shallow Hand sorting. workings. Deforestation Topaz coarse waste material underground workings also to support underground workings Unsightly scarred landscape Hand sorting, or crushing, Small-scale, open cut with many irregular grinding and screening with Relatively large volumes of Garnet and/or shallow workings. Deforestation flotation and magnetic coarse waste material underground workings also to support underground separation if large scale. workings Fissure vein deposit within a sequence of sandstone, Gravity separation, or limestone, mudstone and Small amount of coarse Industrial Underground extraction crushing, grinding and TMF if flotation route Barite shale of Eze-Aku Group waste. minerals and/or small open cut. flotation if occurring with chosen. and Asu river Group. sulphides. TMF if flotation involved. Vertical dip structuring NE width between 2m and 5m.

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Sedimentary sequence of clays and shales with Dependent on depth, gypsum intercalations in underground room and Simple crushing and Minimal waste, but possibly Subsidence if underground Gypsum Filka Formation. Gypsum pillar operation, trackless screening. clays and shales (inert). mining utilised. occurs as layers or lenses or open pit if close to within the sedimentary surface. sequence. Large volume of waste in Water consumption. In-situ primary deposits relation to product (90%) 1. Coarse biotite – horn Consumption of land by blend granite Open pits, hydraulic Sand & gravel waste – large large waste areas. Settlement and refining. overlaying sandstone mining. waste dumps. Deep open pits, no 2. Basement gneisses Fine mica waste – TMF backfilling. intruded by granitoids. Material is mainly inert. Dust blow. Secondary sedimentary deposits: 3. Cretaceous Water consumption. sedimentary formation Consumption of land by with kaolin Waste varies 30% to 60%) interbedded with the large waste areas. Open pits, shovel & truck. Limited. Some refining. Overburden and interburden sandstones. Deep open pits, no – often dumped outside pit. 4. Flat lying, sedimentary backfilling. layer within the middle Dust blow. member of the Cretaceous Illo formation. Talc is graded visually, Pods and lenses of talc Standard open pit truck hand sorted. Possibly some Dependent on mining Can have asbestos Talc bodies associated with and shovel operation or milling, flotation and method, some coarse waste. associated with it. amphibolites underground. magnetic separation. Open pit selective mining Elementary sequence of Extract and dry to sell bulk Large shallow open pits and Diatomite (without drill and blast). None clays and sandy clays. product. waste dumps. Truck and shovel. Magnesite associated with Grinding, flotation and Hydrothermal alteration of serpentinites would tend heavy media separation Low grade material sent to carbonates; alteration of to be worked with wet and dry gravity Open pit with or without Magnesite waste with other generally serpentinite; sedimentary underground, whereas concentration, photometric TMF and plant. inert products. magnesite most common. sedimentary derived sorting, and/or magnetic magnesite by open pit. separation. Feldspar Very common rock forming Feldspar tends to be Crushing, grinding and Tailings Management Large open pits with

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minerals particularly in acid extracted by conventional flotation. Facility, silica sand may be conventional mine facilities. igneous rocks. Granite open pit mining using a a bi-product. pegmatites common. truck and shovel approach with drill and blast. Unsightly scarred landscape Mica-bearing pegmatites Sheet mica may be mined Tailings Management with many irregular found where metamorphic by both surface and Primary crushing, grinding Facility, silica sand, Mica workings. Deforestation rocks are in the vicinity of underground methods, and/or flotation. feldspar may be bi- also to support underground acid intrusions. with minimal explosives. products. workings Most phosphates Phosphate commonly extracted by open pit derived from the mineral Potentially large, shallow methods from big Beneficiation by washing, Quartz, chert, clay, feldspar, apatite found in magmatic open pit operations with Phosphate sedimentary deposits crushing, sizing and mica, calcite and dolomite environments, skarns and TMF. Water pollution using draglines, power flotation. as waste products. carbonatites. Also huge issues. shovels, trucks and sedimentary phosphates. pipelines. Commonly found in pegmatite deposits and Mostly by underground Gravity concentration for TMF, could have AMD if Calcite and silica Fluorite carbonatite intrusions, means, some open pit simple ores, fine grind and fluorite associated with impurities. hydrothermal veins and operations. flotation for complex ores. sulphides. mantos. Crushing, grinding (wet or dry), magnetite, biotite and Moderate quantities of Associated with schists, Mostly mined by open pit garnet removed by high waste products including TMF, sometimes acid gneiss, granite and granitic methods, by blasting and Kyanite intensity magnetic magnetite, biotite, garnet, leaching is used to upgrade pegmatites, also in contact secondary breaking if separation, muscovite, muscovite, quartz and the concentrate. metamorphic zones. required. quartz and feldspar by feldspar. gravity. Flotation. Widespread throughout the Simple screening, with Generally shallow surface Selectively mined, so world, residual product various options to reduce operations, often free simple operations, Possibly occupies large Silica sand from weathering, found in impurities such as magnetic digging, using truck and overburden storage + minor surface area. beach, alluvial and aeolian separation, jigging and shovel. solid waste. environments. possibly flotation. Formed within evaporite Solution mining by Centralised plant for salt No solid waste. Subsidence of solution Brine Salt sequences in sedimentary injection of water. concentration by Water is recycled. caverns. environments. Injection of fuel oil? evaporation. 1. Medium to coarse Crushing & sizing of Low quantity of waste in Large quarry pit after Construction grained discontinuous Open quarries; drill, blast Limestone product. relation to product. closure with no prospect of materials limestone with and haul by truck. siltstones shales and Washing of some products Sub-standard rock and backfilling.

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sandstone. overburden. 2. Marine sequence of Fines from washing in limestone with some lagoon. intercalation of calcareous marly shales. Some crushing and Open pit mining, drill and Granite Common igneous rock. screening, possibly dressing Minimal waste. Can produce large quarries. blast, truck and shovel. for dimension stone. Strata of varying origin, hydrothermal vein deposits, Crushing and sizing, with Open pit mining, drill and Visual impact as large Dolomite cavities or veins in some washing to remove Minimal waste blast, truck and shovel. quarries possible. limestone, altered basic fines. igneous rocks. 1. Migmatite – Gneiss complex. The marble occurs as lenses within Quarries at a range of the complex. sizes may be developed. Industrial marble will Minimal waste, although 2. Basement schist, In exceptional require crushing and associated minerals such as Large quarry pit after Marble quartzite, carbonate circumstances, marble grinding, dimension stone tremolite and diopside may closure with no prospect of meta-sediments. The may be extracted from requires careful extraction be produced as waste backfilling. marble occurs as underground, often by by splitting. product. contorted lenses within room and pillar method. the basement meta- sediments. Clay tends to be a high volume, low value Very fine grained commodity and therefore sedimentary rocks, often Possible problems with must have a near market. No specific beneficiation Minimal waste, some Brick clay laid down in marine or lake water in pits – pumping Mined by surface requirements. overburden. environments. Highly often required. extraction only in variable in composition. shallow, large area open pits. Very fine grained Mined by surface sedimentary rocks, often Possible problems with extraction only in No specific beneficiation Minimal waste, some Refractory clay laid down in marine or lake water in pits – pumping shallow, large area open requirements. overburden. environments. Highly often required. pits. variable in composition.

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Intermediate coal, dull, black and waxy, shows little Sub – Coal and Lignite woody material, is banded bituminous and splits parallel to bedding. Relatively high rank coal, dense, dark, brittle banded, Bituminous well jointed and breaks into cubical and prismatic blocks. Low rank coal. Brownish black, composed of woody Open pits, shovel & truck. matter embedded in Lignite Large operations use macerated and decomposed draglines or bucket-wheel vegetable matter. banded excavators. and jointed. Viscous to semisolid Mined in large, relatively hydrocarbon that fills Variable amounts of waste Large consumption of land. shallow open pits. Truck Shipped directly as tar sand interstices in other porous rock dependent on the depth Bitumen and shovel operations, or oil sand to processing Hydrocarbon pollution of and permeable rocks. tar of the bituminous horizon. with or without and refining facilities. water courses from pit sands and oil sands are Some overburden storage. explosives. dump runoff. common names.

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5.1.5 Mitigation of environmental impacts

Best practice for mitigation is based on an overall approach encompassing a hierarchy of: • Prevention and avoidance of impacts; • reduction of impacts; and • compensation or offsetting the impacts.

This will involve all or a combination of:

Source control – such as avoidance (using different technology) or reduction (process modification) to remove, reduce or mitigate the cause of an impact. This will involve consideration of the sources of releases and effects, as stocks and flows (see section 5.1.1), which can be modified.

Pathway modification – to prevent or reduce the movement or dispersion of a flow, such as containment, screening or interception.

Receptor protection – to prevent or mitigate effects on a receptor, or provide compensation.

The order of priority between source-pathway and receptor modification is always highest at the source. Preventative measures are nearly always favoured above curative, reactionary measures.

5.2 Potential social effects of mining in Nigeria

5.2.1 Generic issues

There are a number of potential social and local economic impacts from mining that are generic to LSM/MSM and ASM. In Table 5.4 below impacts that apply exclusively or largely to LSM/MSM or ASM are given in bold. Most of these impacts are negative, indicating the range of challenges faced but some of the largest potential impacts are positive and these are identified (by a “+”) in the Table.

Some of these impacts are more likely to be associated with particular minerals and these are highlighted in the following sub-section. Here we note the generic impacts for LSM/ASM and ASM according to whether mining or quarrying takes place close to or distant from established communities.

Table 5.4: Potential socio-economic impacts from mining

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Artisanal & Small Scale Mining Medium & Large Scale Mining

Mine close to settlement Mine close to settlement Community – miners interaction Community – miners interaction Influx of migrants resulting in: Influx of migrants resulting in : •1 Damage to community (farm) land •11 Loss of homesteads and livelihoods •2 Loss/damage to graves/sacred places •12 Loss/damage of community (farm) land •3 Conflict over: •13 Loss/damage to graves/sacred places •4 Compensation for damage •14 Loss of natural resources •5 Access to natural resources (water/fuel wood) •15 Conflict over: and facilities o Compensation •1 Mining benefits being limited to a section of o Access to natural resources (water/fuel wood) the community (i.e. chief – council – local o Mining benefits being limited to a section of the miners) community (i.e. chief – council - employees ) or •2 Access to the mineral deposits very limited shares of national revenues being •3 Role of women in the mining activity returned locally •6 Increase in cultural and ethnic clashes o Role of women in the mining activity •7 Increase in crime (theft by miners) •16 Increase in cultural and ethnic clashes x Increase in prostitution and STD’s /HIV •17 Increase in crime (theft by miners) x Increase in alcohol abuse x Increase in prostitution and STD’s /HIV x Excess burden on existing infrastructure x Increase in alcohol abuse (health services, sanitation) x Changing social relations e.g. empowering youth employed in the mine Vs elders Changes in livelihood and standard of living of the community Changes in livelihood and standard of living •1 Increased influx of cash (from miners) in the •2 Increased influx of cash (from miners) in the community community o procurement of local goods – creating local o procurement of local goods – income although may disadvantage some due to creating local income although may price rises (+) disadvantage some due to price o Increased employment opportunities (mining, rises (+) processing, service provision) (+) o Increased employment x Increased skills development (+) opportunities (mining, processing, x Changes in livelihood strategies from farming to mining – service provision) (+) may endanger food security- especially after mine closure. •5 Enclave development & dependency of the local community

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HEALTH HEALTH of the miner of the miner •21 increased risk of disease due to inadequate logistic and •28 increased risk of disease due to inadequate logistic and sanitary conditions in miners camp sanitary conditions in miners camp (miners and community) •22 exposure to noxious chemicals •29 exposure to noxious chemicals •23 effect of noise and vibration •30 effect of noise and vibration •24 effects of poor ventilation •31 effects of poor ventilation x over-exertion of the community of the community •32 effects of water/soil pollution on community •26 effects of water/soil pollution on community •33 increased vulnerability to malaria dams and filled pits •27 increased risk of malaria - dams and filled pits during during rainy season rainy season SAFETY SAFETY •5 risk of occupational accidents: •1 risk of occupational accidents due to: o failure to employ health and safety o rock falls regulations for large scale mining re -use o collapse of pits of tools and equipment, protective o obsolete and poorly maintained clothing, working environment equipment o misuse of explosives •6 risk for safety of community: o lack of protective clothing o community members (children) may fall in •2 risk for safety of community: the open pits (need for securing mining area) o community members (children) may fall o transport of minerals through the community in the open pits (need for securing may increase road accidents mining area) o transport of minerals through the community may increase road accidents illegal practices x child labour x unlicensed mining and selling

Mine distant from settlement Mine distant from settlement Community- miners interaction Community – miners interaction Influx of migrants resulting in: Influx of migrants resulting in : •34 Increased cultural and ethnic clashes amongst miners •43 Increased cultural and ethnic clashes amongst miners •35 Increase in prostitution and STD’s/HIV in the mining •44 Increase in prostitution and STD’s /HIV in the mining camp camp •45 Increase in alcohol abuse and violence in mining camp •36 Increase in alcohol abuse and violence in mining camp •37 Competition and conflict over mineral deposits Changes in livelihood strategy

Changing from farming to mining -may endanger food security – Changes in livelihood strategy especially after mine closure Changes in livelihood strategy: from farming to mining -may endanger food security – especially after mine closure Health of miners •46 Increased risk of disease due to inadequate logistic and Health of miners sanitary conditions in miners camp •38 Increased risk of disease due to inadequate logistic and •47 Exposure to noxious chemicals sanitary conditions in miners camp •48 Effect of noise and vibration •39 Exposure to noxious chemicals •49 Effects of poor ventilation •40 Effect of noise and vibration •41 Effects of poor ventilation Safety •42 Over exertion •11 Risk for occupational accidents due to: Safety of miners o Collapse of pits. •7 Risk for occupational accidents due to: o Failure to employ health and safety

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o Rock falls regulations for large scale mining re -use of o Collapse of pits tools and equipment, protective clothing, o Obsolete and poorly maintained working environment equipment o Misuse of explosives o Lack of protective clothing Illegal practices •8 Child labour x Unlicensed illegal mining x Use of illegal drugs

Table 5.5: Impacts specific to certain minerals and type of mining

Mineral/type of mining Impact Minerals that require blasting/ specific equipment Increased occupational hazards Minerals which produce toxic pollution/ waste? Air-water- Increased health hazards (not sure about nature of these) soil Small scale and artisanal mining have a higher risk for pollution , less effort invested in safe waste disposal Minerals mined by small scale local operations, which are Higher chance of make substantial contribution to local readily locally marketable (i.e. gypsum) standards of living •12 Migrant mining (mining done by migrant rather than local Higher risk for ethnic clashes people) •13 Higher risk for spending sprees and decreased potential for enhancement of sustainable livelihoods •14 Higher risk for breakdown in family structure •15 Small scale mining Increased risk of migration (‘gold rush’), ethnic clashes, violence and theft with the mining of precious stones and

gold •16 Increased risk health hazards due to lack of enforcement of occupational health and safety provisions (i.e. tools, protective clothing) •17 Increased risk of fatalities due to a lack of first aid infrastructure •18 Increased risk for community –miners conflict due to absence of organised public participation mechanism •19 Increased risk of illegal activities

5.3 Impacts of the SMMR project

As indicated in Chapter 2, the Project does not engage in any direct or even indirect mining and quarrying activity, which might have environmental and social impacts. However, the project has brought about

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significant, and substantial, increase in the activities of the solid minerals sector, especially the in the artisanal and small scale mining.

The resulting mining and quarrying activity have had and will continue to have major implications for environmental and social consequences in the country. These impacts will be specific to each project and will need to be assessed on a case by case basis as they arise. The nature and scale of potential impacts generally associated with different types of mining and mineral commodities are described in Sections 5.1 and 5.2 above. However, these are only the typical ones, and with proper assessment and mitigation will not necessarily occur.

This Project and the SESA in particular will provide the regulatory and institutional framework for environmental and social management within which these future projects will operate. Thus, the efficacy and rigour with which the environmental and social impacts of the future mining and quarrying sector are assessed, monitored and mitigated.

Table 5.6 below gives a summary of the activities under this Project (as identified in Chapter 2), and indicates the direct environmental and social implications and threats of each component. As a result of the specific objectives of the Project, set by the World Bank, these implications are mainly positive. Whilst an increase in the number and scale of mining activities throughout Nigeria might mean much greater potential environmental and social impacts, with the measures recommended in the Project the actual impacts should be largely positive or neutral.

Table 5.6: Environmental and Social Implications of the Project

Component & sub- Description of activities Environmental & social implications and threats component A. Economic Development and livelihood diversification in Artisanal & Small-scale Mining Areas A.1 Sustainability of Baseline studies & social evaluation. This component provides an opportunity to raise small scale mining and ASM Small grants projects to improve awareness and standards of practice in the ASM sector livelihood knowledge of mining & processing, for environmental and social management. diversification improving environmental protection, Environmental and social issues have been a core part disseminating information on equipment, of the support services and training undertaken by the technologies and legislation. ASM. MEC and MI staff. Restructured Jos School of Mines into the Nigerian institute of mines and geo-sciences, including promotion of skills of small & medium scale miners. Establishment of ASM, MEC and MI Unit in Zonal and state offices, to specifically support and extend services to small-scale miners. A.2 Financing Improvement of access to credit and This component has seen a significant increase in the programmes for financing for mine operators (artisanal, small level of activity in the ASM sector which is business development and medium scale), including improvement accompanied by great improvement in environmental in mining of financial management. and social awareness and practice. Support to private sector institutions, Support and targeted programmes has also been professional and trade associations, chamber conditional on promoting and adopting certain of mines, etc. Provision of training and environmental and social standards and practices. capacity building assistance to the private sector initiative.

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Targeted programmes to foster development of specific commodities (industrial minerals, ornamental stone, bentonite, barite, gypsum, gemstones, etc). Technical assistance for production and marketing of selected minerals. B. Strengthening governance and transparency in mining B. Legal and Fiscal The minerals and mining act 2007 has regulated the Reform activities in the mining sector and taken cognisance of major environmental and social impacts. There is at the moment in Nigeria the minerals and mining act of 2007 and a draft This component has lead to a significant increase in miming regulations and guidelines, and compliance in mining sector activity in Nigeria,. environmental regulation and guidelines However, coupled with the other components, and given appropriate provision in the mining act and regulations for environmental and social protection, the overall impacts of the sector has reduced. With an increase in the level of mining activity in Nigeria, conflicts are minimised between mineral exploitation and other national and local interests and resources, such as protected areas, national parks. Mechanisms are put forward for ensuring that there is effective compensation, revenue sharing and local economic benefits. B.2 Institutional Improvements in the institutional capacity of the MEC, capacity Building The Ministry of Mines and Steel EA Department of MMSD and FMENV means that development has been restructured with the there is now a great improvement in its capacity to establishment of four technical departments regulate, monitor and support the mining sector, in i.e. the ASM, MEC, MI and MCO. conjunction with other State and Federal Ministries and agencies.

Office renovation has been carried out in all zonal and state offices which accommodate With the increase in mining activity, both the MMSD both the MMS/GSNA. and FMEnv and the State ministries are under increasing pressure to process EIA and enforce These offices were provided with office field environmental regulation. Institutional strengthening vehicles for operational purposes. should be given further impetus. Staff of the ministry were trained in their relevant fields i.e. mines inspection, environmental management and ASM cooperative registration and geosciences This The capacity of LGSs to effectively manage community is with the view to equip the staff to participation and decision making has been strengthen accomplish the new task and function. especially with the inauguration of MEREMCO in all the 36 states of the federation and the FCT An environmental capacity building programm has been concluded with full participation by the Ministry of mines and Steel, the federal ministry of environment and the national environmental standard regulatory enforcement agency.

B.3 Mining Cadastre A mining cadastre has been established with This component is first line of action in creating headquarters in Abuja with the intention of awareness to mining operators on the need to protect

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replicating same in the state. the environment and be socially responsible. The establishment of the mining cadastre is to issue miming titles and processing of licence application. Staff of the mining cadastre also received various training on cadastre administration locally and internationally. Due consideration is given to areas that do not fall in protected areas, site of outstanding beauty, cultural and heritage site. Similarly companies are mandated to provide EIA report before exploration commences.

B.4 Environmental and The new minerals act of 2007 has provided The remit of this component is to ensure that Social Management basis for environmental and social issues of environmental and social issues are the cornerstone of the sector however plans are underway to future solid minerals development. establish new set of environmental The activities will be specifically targeted at identifying regulations and guidelines for the mining and mitigating potential environmental and social sector in order to assist operators achieve implications of the other components, and making sure sustainable development. these are properly addressed and mitigated. An Inventory of abandoned mining sites has In addition, this component has addressed the legacy of been carried. Site were Prioritised and past mining problems. An action and remediation plan preparation of remediation plans for has been developed, to address the priorities. implementation of high priority sites is under consideration Environmental units of the MMSD are in zonal and state offices, and staff of the units received training and technical assistance in the environmental and social management of mining activities. An environmental and social assessment of the closed operation of NCC, NMC was carried The MEREMCO committee has captured social management plan, dialogue with stakeholders as a basis for mitigation measures for the handling of social impacts associated with any mining operations within a given locality. C. Private Sector Developemnt C.1 Restructuring of Withdrawal of the government from mining By withdrawing from direct involvement in mining and state-owned enterprises operations. concentrating on licensing, regulation and monitoring, Divestment of the parastatal mining the government (through MSMD) is focusing her companies (NMC, NCC) to the private sector. efforts and resources on improving environmental and social management throughout the sector. . Divestment and privatisation presents opportunities for regeneration and re-invigoration of many mining areas, with greater economic activity and thus socio-economic benefits. C.2 Strengthening of The Project sponsored 56% Airborne This component, of itself, has no implications for the Geologic Geophysical survey 100% coverage of the environmental or social conditions. Infrastructure. country completed. 24,000 line km of Electromagnectic survey done. Geochemical mapping project-6 cells covered

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so far out of 44 cells. SMMRP sponsored 4 GRN cells. Many investors have purchased these geophysical maps and are using them for mineral explorations and appraisal in different parts of the country. D. Project Co-ordination and management Project Management The Environmental and social development All contracts for civil works has environmental clauses Unit officers ensured that bank policies are included. complied with.. The Environmental and social development officers participate fully in all project monitoring. Best practices in providing a checklist for the grants program. The Environmental and social development officers participated in the environmental and social audit of the project

6.0 ASSESSMENT OF ALTERNATIVES As stated in Chapters 1 (Introduction) and 2 (Description of the project) of this SESA review report, the SMMR Project does not engage in any direct or indirect mining and quarrying activity. In the context of normal project impact assessment, the analysis and assessment of alternatives involves a more strategic approach. This is considered under two headings: alternative forms of intervention in the mining sector through the SMMR Project; and alternative approaches and technologies to mining that might be supported or discouraged.

6.1 Alternative interventions under SMMR project The project alternatives that are identified, with their environmental and social consequences, are considered in Table 6.1 below. This supports the selection of Option 1, being the SMMR project.

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Table 6.1 Alternative interventions under the SMMR Project

Environmental and social consequences Benefits Threats 1. The SMMR Project with A significant increase in the Without mitigation and environmental and social mining and quarrying sector in institutional capacity, a rapid management components. Nigeria, within a sustainable increase in the mining sector could environmental and social outstrip the ability of government regulatory regime that recognises agencies to effectively monitor international standards, and enforce environmental and expectations and practices. social requirements. 2. The FGN has reform the The mining sector and related A slower and more disjointed mineral sector, so the FGN environmental and social development of the mineral sector implements its own reform management regime has evolved would mean that local economic measures in accordance with the in parallel. benefits would be slower to current policy regime. accrue. The potential for short-term damage is high. 3. The FGN has supported and This alternative should reduce the The ASM sector would continue developed the ASM sector with threat of increased informally. plans to also develop the environmental, health and social Economic and local benefits medium and large scale mining. damage associated with ASM would not accrue, missing out on activity, in favour of larger scale the potential for poverty operations that can invest in alleviation, such as in areas where proper environmental and social larger scale mining is not practical protection. or economic.

6.2 Approaches and technologies

The technological options and alternatives for mining projects are very project-specific, depending on the mineral commodity, nature and location, geochemistry and geological occurrence. Alternative mining methods, processing technologies, siting of facilities, waste disposal methods, transportation, etc, will be considered on a case by case basis, taking account of economic, technological and environmental and social factors factors. The SMMR project has ensured that proper consideration of these alternatives is part of the ESIA process. It is now feasible to consider all the potential alternatives and options, combinations and permutations in this SESA review report.

The SMMR project has developed a definitive outcome. These are summarised below.

Table 6.2 Alternative approaches and technologies

Environmental and social consequences Benefits Threats

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1. Should artisanal miners be Co-operatives give the means to Artisanal miners can be very encouraged or required to work benefit from collective action, independent and collective or co- in co-operatives, or be permitted support, resources, training, etc. operative working may not be to work entirely independently? It makes Monitoring and acceptable to them. regulation is easier. The increase in bureaucracy and overt regulation may be counter productive. Some form of co-operative or collective working has proved to be a sustainable approach. 2. Should artisanal or small-scale Environmental and social impacts Collectively and cumulatively, a miners be required to undertake are not dependent on the nature group of individual artisanal or EIAs? of the miner but on the nature of small-scale miners can have a the mining operation. The ASM devastating impact on the sector should be subject to the environment. No, but the MMSD has same requirements as the rest of developed a screening checklist the mining sector, though of for sustainable ASM operations. course small scale operations will fall below the EIA threshold. 3. Should mercury and/or cyanide For ASM, mercury is the most Whilst these are the only feasible be permitted for use in gold feasible option. There are simple technologies for gold extraction, mining, particularly in the ASM technologies for working safely they are both very hazardous. sector? with mercury. Banning the use of mercury in Cyanide for gold extraction ASM would result in more Yes, though only mercury should only be used in larger widespread use of cyanide with should be allowed, under scale operations where it can be much greater consequences. controlled conditions, in closely controlled. Banning both mercury and artisanal operations. cyanide would severely curtail one of the most promising options for benefiting from a thriving ASM sector. 4. Should the EIA and other This would bring all aspects of There would be conflicts and environmental requirements for mining licensing and permitting inconsistencies with existing EIA mining projects be enshrined under one piece of legislation and and environmental laws. within the mining act? one responsible Ministry. The MMSD would have a conflict of interest in enforcing No, not where there are environmental requirements in adequate provisions already addition to licensing mineral under existing environmental rights and collecting royalties. legislation. Environmental enforcement should be the responsibility of one specialist Ministry, not split between different ministries. 5. Should the Government Conflicts between mineral right Important strategic mineral assets constrain or prevent the applications and existing national will not be available, being exploitation of minerals in or regional assets will not occur; effectively sterilised. protected areas and national these assets would remain Potential means of providing local parks? inviolate. income and economic activity in Such a blanket policy does not rural areas with little other means No, subject to projects that are recognise the possibility that of poverty alleviation will not be proposed being subjected to the mineral exploitation is not available.

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proposed being subjected to the necessarily environmentally highest level of scrutiny, damaging, if properly designed environmental and social impact and managed. assessment, mitigation and monitoring.

7.0 SOCIAL & ENVIRONMENTAL MANAGEMENT PLAN

7.1 Introduction The SESA terms of reference describes this requirement as a ‘definition of a monitoring and management plan and follow up measures for the sustainable management of the sector’. The potential environmental and social impacts of past, present and future mining and quarrying are, or will be, very specific to the particular mining project and operation. The expectations and issues for the likely future mineral exploitation in Nigeria are described in Chapters 4 and 5, along with an assessment of the potential environmental and social impacts. The purpose is therefore to identify interventions under the SMMR Project in order to provide the necessary regulatory, institutional and information regime to ensure that future projects are sustainable, in accordance with good international practice and World Bank Group policies.

The sustainability of future mining and quarrying operations in Nigeria will depend on two things: • The mineral proponent and operator, to properly and effectively incorporate good environmental and social management practices into the project design and operation. This requires a sound and appropriate regulatory regime with consistent expectations and standards, together with awareness of, and commitment to, best practice in the mineral sector. • The Regulatory and licensing authorities at Federal and State levels, to provide and, importantly, enforce the appropriate regulatory regime and standards. This will comprise a combination of support and advisory functions with enforcement and monitoring.

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In addition to future mining, there is a need to address the problems and legacy of past and present mining and quarrying activity. The future mining sector may be able to contribute to dealing with legacy to some extent, but this will be limited. It will certainly not be feasible, or equitable, to impose extensive cleanup and reclamation liabilities on future mining operations without compromising their economic viability. Thus, dealing with legacy will mainly rely on action and resources from Federal and State government, i.e. the Nigerian tax payer (with support from international donors).

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7.2 Environmental and social management plan

This EMSP, set out in Table 7.1, comprises a set of mitigation, institutional and monitoring measures that have been taken under the SMMR Project to eliminate, reduce or offset adverse environmental implications and threats to acceptable levels. A framework ESMP for the ASM is covered in Chapter 8.

Table 7.1 Environmental and social management plan

SMMR Adverse implications Mitigation or intervention Responsibility Performance indicators Component and threats (ref. Table 5.6) Component A – Economic development and livelihood diversification in ASM areas Sustainability This component has Environmental Management MMSD EMP has been prepared for of small scale largely positive Plans for the ASM sector ASM operation and the mining and environmental and Minerals and Mining Act livelihood social environmental 2007 has been concluded. diversification impacts.

Increase in the level Guidelines, procedures and MMSD Progress of ASM sub sector of ASM activity, with processes have been developed within the SMMR Project. consequent by the ASM department. environmental and social problems Revenue sharing and Socio economic baseline and MMSD Socio economic baseline community benefits livelihood studies in ongoing and livelihood studies is accruing with a development of revenue still under review sharing mechanisms. Measured reduction in poverty in ASM areas. Component B – Strengthening governance and transparency in mining Legal and fiscal Increase in mining Environmental & social MMSD the provisions are reform sctor activity and site requirements such as mine incorporated within new specific closure, reclamation, minerals and mining act environmental and occupational health & safety, 2007 social impacts environmental & community management and audit are enshrined in the minerals and mining act 2007. Improve and enforce linkage MMSD in The number and quality of between EIA requirements and conjunction with EIAs for mining projects. mineral rights; requiring all FMEnv mines and most quarries to conduct EIA. Roadmap of environmental MMSD in Presence of guidelines and regulations, standards and good conjunction with regulations and their practice applicable to the FMEnv availability to the industry. mining sector. Improved awareness of MMSD Number of specialist and environmental and social issues trained environmental staff. in MMSD.

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Policy for presumption against FGN and MMSD Presence of policy mining in such areas unless it statement. can be clearly demonstrated that Number of mining rights the adverse impacts are minimal applications. and are outweighed by the benefits or overriding national interest. For any particular mining MMSD in The extent and openness of project, there must be extensive conjunction with public debate. local and national consultation FMEnv. backed up by a rigorous EIA process. Scope of activities Mining regulations and MMSD Presence of this in the covered by mining act Guidelines to define the scope mining regulations and does not include of activities and related Guidlines. directly related processing that is covered by a processing activities. mining or quarrying licence. Gain a better understanding of MMSD in Measured contribution of mining livelihoods in Nigeria, association with mining to local economic as a basis for developing better State activity and incomes. revenue sharing mechanisms governments. through the State and Local Economic Development Strategies. Improve compensation MMSD Level of compensation mechanisms for local going to those actually communities where land or disadvantaged. other resources are required for mining. Instituttional In itself this has no A well Established MEC MMSD Presence of the MEC Capacity adverse effects on the Department in the MMSD with Department and the Building environment. a clearly defined role and remit number of specialist and The main threat is the of environmental and social trained environmental staff. capacity of MMSD, management, mine closure and FMENv, and L.G.s to reclamation. understand and Build capacity at local effectively regulate government level for effective environmental and community participation in social aspect of decision making. mining

Mining In itself this has no Not applicable, beyond the Cadastre adverse implications mitigation identified elsewhere. or threats to the environment. Environmental In itself this has no It is the component through and Social adverse implications which all the mitigation Management. or threats to the measures will be implemented. environment. Component C – Private sector development Restructuring Mine closures; Detailed inventory and MMSD Number of liabilities of state-owned environmental assessment of the identified and the number enterprises liabilities and residual environmental liabilities of the remaining untreated after 5 threats not taken on Parastatals. and 10 years. by the private sector. Action plan for dealing with

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residual liabilities. Strengthening In itself this has no of Geological adverse implications infrastructure. or threats to the environment. In fact it has improved the information base for implementing other measures.

The nature and scope of the mitigation measures and interventions identified here are set out in more detail in Chapter 10 Action Plan and Implementation. This covers details of the recommended legal and regulatory reforms, institutional strengthening and specific studies required under this Plan.

7.4 Monitoring

The ESMP given above includes performance indicators for the mitigation required. Specific environmental and social monitoring of impacts and outcomes of individual future mining and quarrying projects will be site specific, and will be defined within an EIA and ESMP for that project, in line with national and international standards and best practice at the time.

The performance indicators and monitoring under this SMMR Project are related to the implementation of regulatory, institutional and other measures are ensured that project specific EIAs and ESMPs are prepared and properly evaluated. In the case of the measures to deal with the legacy of past mining, the measures set out in the ESMP have identified the targets and priorities for action.

As such, many of the performance indicators are simple yes/no indicators of whether the measures have been put in place, or qualitative and quantitative assessments of progress. The PMU safeguard specialist and the MEC staff of the MMSD have been able to make such assessments.

8.0 FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT PLANS FOR POTENTIAL ASSM PILOT PROJECTS 8.1 Overall approach to environmental management for the ASM sector

The ASM sector in Nigeria is in compliance with the requirements of the new Minerals and Mining Act 2007 for minimising the numerous negative environmental impacts attributable to its informal activity. However, recent research in the development of the ASM handbook has evolved.

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By their very nature, ASM workings are informal and increased legislation has been effective in their regulation. Better enforcement of current legislation is one approach that has enhanced operations. Therefore the MMSD has developed appropriate, easily understood and enforceable legislation that has drawn the ASM sector into national programmes for environmental management and protection.

The ASM handbook is been developed to provide guidelines in order to encourage miners to adopt working methods that are appropriate to the Nigerian sector in terms of efficiency, H&S standards and minimisation or negative environmental impact. This concept of sector specific and appropriate environmental management guidelines that recognise the special circumstance of the informal sector was also endorsed by the UNDESA/UNECA Yaoundé seminar on ASM in Africa and is contained in the ‘Yaoundé Vision Statement’.

ASM environmental and social management framework elements ƒ Environmental protection ƒ Sources of environmental Damage – including equipment, river diversions, surface and underground workings, waste dumping and effluent discharge ƒ Best practice mining methods – surface and underground ƒ Appropriate equipment selection and utilisation ƒ Best practice use of industrial chemicals ƒ Pollution control - oil, diesel, rubbish and human waste ƒ Tailings and waste management – water, tailings and waste containment and ore stockpiling, settling ponds ƒ Education awareness and training ƒ Erosion control ƒ Guidelines and Regulations, ƒ Work & Rehabilitation plans - progressive rehabilitation, landscaping and screening, run-off and erosion control, site safety and security, mine openings, water/tailing dams, waste dumps removal of plant and equipment, vegetation and removal of buffers, waste disposal, revegetation, soil stabilisation

A realistic and achievable ESMP should be developed through a consultative process based on the framework shown in the box above. The ESMP would rely on detailed fieldwork to review existing techniques and to identify constraints within the Nigerian Mining sector. This consultative approach will allow for a greater understanding within the sector and will aid in future compliance in the ASM sector.

The box above shows the key elements identified for the ASM proposed pilot projects, and mitigation measures within the ESMP should include the concepts of good conservation measures, technology advancement, monitoring programmes, training, legislation and rehabilitation.

8.2 Framework Environmental Management Plan

The project does not engage in any direct or indirect mining and quarrying activity which might have environmental and suicidal consequences. Significant success in the recent micro grants programme and substantial increases in the activities of the solid minerals sector have been recorded. The project has also carried out civil works and office rehabilitation on some of the

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MMSD and NGSA offices in some states and zones of the country.

In view of the above the project encourages best practices in mining in an environmentally friendly and socially responsible manner. For this reason the project is designed as category “B” by the World Bank and an environmental and social audit was carried out with primary objectives of: • to undertake independent verification of the environmental and social impacts, if any, caused by operators and mine communities who have received contributions from the Small Grant Program. • To assess the appropriateness of the existing structure and content of screening check list in consideration of (i) beneficiaries understanding and ease of completion of the check list and (ii) relevance of the parameters and issues rose in the check list in order to ensure that all potential impacts are properly reported and addressed. The secondary objectives are: • Review compliance of environmental safeguards of civil works and office rehabilitation carried out by the Project • Review any safeguard issues related to the gemstones program and • Review any safeguard issues in respect of the abandoned mines component.

The six proposed Pilot Projects are summarised in Table 8.1 below.

Table 8.1 Summary of the proposed Pilot Projects

Mining Zone & Site Mineral Focus State North West Danje / Phosphate ASM as complementary livelihood to enhance agricultural Sokoto Shini production North East Nafada Gypsum ASM co-operative empowerment to assist with child labour Gombe (Baruwo) elimination, gender equality, access to micro-credit and fair markets North Central Azara Barytes ASM co-operative empowerment to assist with child labour Nasawara elimination, gender equality, access to micro-credit and fair markets South East Ishiagu Lead-zinc ASM as a non-seasonal community activity

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Ebonyi South South Ososo Gold (alluvial) ASM as a new alternative dry season livelihood for local Edo farming communities South West Iseyin Tourmaline ASM co-operative empowerment to assist with community Oyo development and access to fair markets

The Environmental Management Framework for these Pilot Projects is given in Table 8.2. The precise environmental management requirements for each Project site will be site specific; this framework provides the basis for ensuring that such site-specific plans are properly developed.

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Table 8.2 Environmental Management Plan Framework for ASM Pilot Projects

Threat or impact Mitigation Responsibility Performance indicators Assessment of impacts and MSMD Have studies been carried out and threats specific to that site and plans prepared? operation, as a basis for Environmental monitoring records defining environmental and statistics. protection procedures, monitoring and reclamation. A programme of training of MSMD in Training man-days delivered miners to raise awareness of association with against curriculum. environmental, health & EPAs safety risks and proper procedures. Enforcement of MSMD in Number of incidents and frequency environmental protection association with of non-compliance; actions taken. procedures; monitoring of EPAs compliance. A programme of training of MSMD in Employment statistics in the mine miners and the community to association with area raise awareness and promote LGA effective participation. Building capacity at local MSMD and Number of LGAs with designated government level LGA ASM responsible.

A programme of training of MSMD Health & safety records, accident miners and the community to statistics and health conditions. raise awareness of environmental, health & safety risks and proper procedures. Health screening and MSMD in Health records and frequency of evaluation in community association with disease and medical conditions State health associated with mining. authorities

For each of the pilot project areas, the process for preparing an environmental management plan is outlined below and described further in Chapter 10. The responsibility for implementing and monitoring these will be with MSMD, through the Zonal and State office.

1. Audit and survey of the current conditions and baseline environment, to include consideration of physical, chemical, ecological, land use, social and demographic factors. 2. Definition of the boundary or envelope of the Pilot Project area, based on both the extent of the geological resource and environmental sensitivity (as identified in the audit).

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3. Definition of the project and the environmentally significant environmental and social releases and effects; consumption or use of local resources, services and labour; revenues and economic implications. 4. Assessment of the significant environmental and social impacts, threats and risks – ESIA. 5. On the basis of this, devise a site-specific mitigation and environmental management plan.

9.0 PUBLIC CONSULTATION As part of the execution of this SESA review there has been extensive consultation with stakeholders such as the mining and quarry operators, the miners association of Nigeria, nongovernmental organisations,

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment civil society’s ministries and agencies as set out in Section 1.3 and Annex 4. In this way it has been possible to canvas and take account of a wide range of views about the current Project and the additional financing.

Public consultation has been a major pillar in life of the project and will remain a regular feature. A Public Consultation Plan is summarised below.

For a specific mining project, public consultation and participation would comprise local involvement, consultation, open and private meetings with local people and their representatives at Local Government, District and State level. Such consultation and participation is requirement under the Environmental Impact Assessment Decree 1990. There is the MIREMCO committee which is covered in the Minerals and Mining Act 2007.

The objectives from the EIA decree and the MIREMCO are twofold: (a) to provide information to the public about what is being proposed and how it would be undertaken; and (b) to receive feedback on concerns, fears, opinions and/or suggestions that can be incorporated into the project, or which can be dealt with directly. There would also be consultation with State and Federal level agencies and Ministries and with NGOs with a relevant interest in the project.

In the context of this project, which does not involve any direct or indirect mineral development or mining activity, public consultation and participation to the same level of detail is not possible or appropriate. Instead, public consultation and participation will rely more on the public’s interests being represented by State and Federal agencies and Ministries, and relevant NGOs.

A series of stakeholder dialogue meetings have been held to receive public view and interest represented in the project’s as follows:

1. All MIREMCO meetings 2. Eia Review Workshop 3. Additional Finance Stakeholder Forum 4. Nesrea First National Stakeholders Forum

It is important that there is clear communication and linkage between these State level and national level stakeholder dialogues, particularly the reporting and incorporation of local issues to Federal level policy and actions.

The findings of the comprehensive Environmental and Social safeguards Audit. Environmental Component

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The environmental audit of the ASM projects funded by the SMMRP was carried out to in essence assess and determine compliance levels with respect to World Bank safeguard issues associated with each particular project. At the end of this exercise, the following can be concluded: • The people had a clear understanding of what was expected of them as regards environmental compliance during and after project lifespan. It was concluded that it was as a result of intense pre-project briefings and meetings organized by the PMU and the World Bank. One major thing noticed was that though beneficiaries understood the essence and importance of the use of PPEs, they have not strictly adhered to this rule. Some reasons given were its discomfort of use, and a lack of funds to buy newer ones when the older ones have worn out.

• Project protagonists have little or inadequate understanding of what an Environmental Management Plan for particular projects entail. This understanding of the project EMP is vital to ensuring negative environmental impacts are reduced or if possible eliminated and to ensuring the environment is fully restored after mining activity

• Compliance monitoring can be strengthened further from what it is at present.

Social Component

The social Audit of ASM activities have been carried out and various issues were noted as they affect the activities and the operations of the project. Issues discussed include the required social auditing of the project, social safeguards, setting up of effective social management plan and encouraging the supervision and monitoring officers to carry out their duties effectively. It is a highly commendable project that has touched the lives of many rural dwellers, with increased income earnings and employment being some of the benefits of the project.

The ASM project is quite relevant and important in developing Nigerian Mining Industry and reducing poverty and should therefore be encouraged. The ASM in Nigeria has performed well and there are no problems of major social and environmental concern that could affect the project. 10.0 ACTION PLAN AND IMPLEMENTATION

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10.1 Introduction

The action plan of the environmental and social management described in Chapter 7 has identified a number of mitigation and intervention actions for the additional finance. For the purposes of implementation, these have been divided into four main activities:

Additional Financing for Nigeria Sustainable Management of Mineral Resources Detailed Project Costs

Table A. SMMRP AF - Project Activities by Component Activities

A A. Economic Development and Livelihood Diversification in ASM

A.1.1 Strengthening of Nigerian Institute of Mining and Geosciences, Jos

A.1.1.1 Civil works alteration and modification at the Miango Campus A.1.1.2 Training of teachers A.1.1.3 Training on school management (Non Academic staff) A.1.1.4 Curricula update + twinning A.1.1.5 Lab equipment A.1.2 NIMG Community Center A.1.2.1 Training and operation of Community Center A.1.2.2 Gemology Center equipment A.1.2.3 Alteration and Modification of Gemology Centre A.2.1 Support program for ASM operators and mining communities A.2.1.1 Small grants A.2. 1.2 Admin and M&E of small grants program A.2.1.3 Study of alternative finance for ASM Operators A.2.1.4 Extension services A.2.2 Access to Credit (Mid Tier Operators) A.2.2.1 Baseline study A.2.2.2 Management program and business planning for mid-tier operators A.2.2.3 Modalities and program design A.2.2.4 Credit facility for Mid Tier Operators A.2.2.5 Operational costs A.3.1 Outreach program (ASM and Mid Tier Operators) A.3.1.1 Workshops and consultation

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A.3.1.2 Public awareness campaign B Strengthening Governance and Transparency in Mining B.1.1 Update of Associated Acts and Regulation Update of Associated Acts and Regulation B.2.1 Mines Inspectorate B.2.1.1 Database system + reporting B.2.1.2 TA for Mines Inspectorate B.2.1.3 Handbook and guidelines for minimum work program B.2.1.4 Health & Safety Guidelines B.2.1.5 Dimension stone development strategy B.2.1.6 Dimension stone testing Lab. Equipment B.2.1.7 Alteration/Modification of Dimension testing Lab iIn Kaduna B.2.2 Mines Environmental Compliance B.2.2.1 Baseline environmental map and database B.2.2.2 TA for MEC operations B.2.2.3 TA for socio-economic assessment of selected abandoned mines sites B.2.3 Support for Mining Cadastre Office B.2.3.1 Expansion and Decentralization + Ibadan renovation B.2.3.2 Awareness campaign of MCO among operators B.2.3.3 TA and training B.2.4 Steel Dept & Metal Inspectorate B.2.4.1 Baseline study on metallurgy industry B.2.4.2 TA for operational guidelines for metal sector B.2.4.3 TA for metal sector safety manual B.2.4.4 Training of staff, Metallurgy Training Institute, Onitsha B.2.4.5 Training of staff, Nat’l Steel Raw Materials and Exploration Agency, Kaduna

B.2.4.6 Training of staff, Nat’l Metallurgical Devt Agency, Jos B.2.4.7 Equipment, MTI, Onitsha B.2.4.8 Equipment, NSMEA, Kaduna B.2.4.9 Equipment, NMDA, Jos B.3.1 Training Ministry of Mines & Steel Development staff B.3.1.1 Training of staff B.3.1.2 Sector promotion (Multiple) B.3.1.3 IT upgrade and infrastructure B.3.1.4 Field vehicles for the technical departments C. Private Sector Development C.1.1 Strengthening of geological infrastructure C.1.1.1 Airborne electro-magnetic survey

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

C.1.1.2 Calibration study C.1.1.3 TA for supervision of E-M survey and interpretation C.1.1.4 TA for interpretation of E-M C.1.1.5 Geological map sheets 1:50,000 C.1.1.6 Purchase of maps and other equipment necessary for Geological Mapping

C.1.1.7 Geo-chemical mapping 1:100,000 C.1.1.8 Detailed exploration (ground truthing and survey ) C.1.1.9 Purchase of Equipment for exploration C.1.1.10 Heavy minerals and diamond analyses C.1.1.11 Geo-chemical equipment for NGSA C.1.1.12 Workshops and dissemination + administration C.2.1 National Private Sector Development C.2.1.1 Ibadan Gemstone Platform C.2.1.2 Office Equipment and Furnishing D. Project Coordination Project supervision consultancies Operational Costs

Annex

SESA REPORT Page JANUARY Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

Safeguards Screening Checklist for ASM Activities Financed Under the Project

A. Environmental and Social Impacts Yes No

Location

1. Will the proposed project damage environmentally sensitive areas (forest, rivers or wetlands) or threatened species?

2. Will the project takes place within or adjacent to any protected areas designated by government (national parks, national reserve, world heritage site, e.t.c), or is it likely to adversely affect the ecology within the protected area.

3. Will the project reduce other people’s access to their economic resources, like land, pasture, water, public services or other resources that they depend on? 4. Will the project result in resettlement of the individuals or families or require the acquisition of land (public or private, temporarily or permanently) for its development? 5. Will the project result in the temporary or permanent loss of crops, fruits trees and household infra-structure ( such as granaries, outside toilets and kitchens, etc)? 6. Will the project require excavation near any historical, archaeological or cultural heritage site?

7. Might the project adversely or positively affect tribal communities or vulnerable people living in the area?

8. Was there meeting and consultation with the community before citing the project?

9. Was the minutes of the meetings and those who attended documented?

10. If Land was acquired was these land compensated and the market value paid.

SESA REPORT Page JANUARY Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

11. Are women engaged in the activity?

12. Was there Social Inclusion? 13. Was there social Accountability? 14. Was there effective representation and were issues democratically followed? 15. Is there Community development being Carried out

16. Is there child labour?

17. Is there Civil society’s involvement in Infrastructure development?

Physical and biological environment

19. Will the project create solid or liquid waste that could adversely affect local soils, vegetation, rivers, streams or groundwater?

20. Will the project have adverse impacts on natural habitats that will not have acceptable mitigation measures?

21. Does the product use mercury, cyanide or other chemicals?

22. Does the project use herbicides, pesticides or inorganic fertilizers?

23. Does the project have human health and safety risks, during operation or later?

24. Will the project employ children in contravention of official Nigerian legislation?

Alternatives

25. Is it possible to develop the planned project in a different way, with fewer environmental and social impacts?

SESA REPORT Page JANUARY Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

NOTE: Project fund is not allowed for the financing of: a)purchase of dangerous chemicals b)Projects that are likely to damage environmentally sensitive areas or species.

Circle one of the following screening conclusions for part A

A1. If all answers to the checklist questions are “No” , There is no need for further action A2. For all issues indicated by “Yes”, the applicant is expected to explain how he/she intends to mitigate them. Implementation of the mitigation measures will require supervision by the applicant and the state authority. The explanation should be made as an attachment to this form. A3. For the following issues indicated by “Yes” answers (specify questions numbers): The applicant has not provided adequate mitigation measures. The applicant must revise the proposed project plan to provide adequate mitigation. Specialist advice may be required in the following areas: A4. Please check (only) one of the following: . I have successfully completed the training program on environmental and social impact awareness. DATE AND PLACE OF TRAINING ………………………………………………………. . I will participate in the training program on environmental and social awareness DATE AND PLACE OF TRAINING ……………………………………………………….

NAME OF PROJECT: ……………………………………………………………………………….. LOCATION OF COMMUNITY: …………………………………………………………………….. I have read and understood the screening checklist SIGNATURE: ………………………………………………………..DATE:…………………………. NAME AND SIGNATURE ………………………………………………………………………………………………………….. Has read aloud the screening checklist and I have understood questions SIGNATURE: …………………………………………………………… DATE: …………………………………… NOTE: Project fund is not allowed for the financing of: a) purchase of dangerous chemicals b) Projects that are likely to damage environmentally sensitive areas or species.

ACRONYMS AND ABBREVIATIONS

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Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

ARD Acid Rock Drainage (arising from pyrite oxidation in mine waste) CASSAD Centre for African Settlement Studies and Development CBNRM Community – Based Natural Resources Management CBO Community Development Organization COMEG Council of Mining Engineers and Geoscientists D&DA Department for Drought and Amelioration DFID Department for International Development EC Department of Environmental Conservation EF&CZM Department of Erosion, Flood Coastal Zone Management EIA Environmental Impact Assessment EIS Environmental Information Systems EMP Environmental Management Project (World Bank) or – Environmental Management Plan EPA Environmental Protection Agency ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FAO Food and Agricultural Organization FCT Federal Capital Territory FEPA Federal Environmental Protection Agency (now FMEnv) FMoA Federal Ministry of Agriculture FMEnv Federal Ministry of Environment FORMECU Forestry Management, Evaluation and Co-ordinating Unit FRIN Forest Research Institute GDP Gross Domestic Product GFRN Government of the Federal Republic of Nigeria GIS Geographical Information System GMP General Management Plan GNP Gross National Product GPS Global Positioning System GSN Geological Survey of Nigeria HDI Human Development Index HIV Human Immunodeficiency Virus LG Local Government LGA Local Government Authority LEEMP Local Empowerment and Environmental Management Program MEnv Ministry of Environment (State MoWR Ministry of Water Resources NCC Nigerian Coal Corporation NCE National Council on the Environment NCF Nigerian Conservation Foundation NEPA National Electric Power Authority NGO Non Governmental Organization NMC Nigerian Mining Corporation NIMAMOP Nigerian Minerals Appraisal and Monetization Programme

SESA REPORT Page JANUARY Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

NPS National Parks Service NTFP Non-Timber Forest Product PF Process Framework (World Bank) RMAFC Revenue Mobilization Allocation and Fiscal Commission RPF Resettlement Policy Framework (World Bank) SEPA State Environmental Protection Agency SG State Government SIA Social Impact Assessment TMF Tailings Management (disposal) Facility WHO World Health Organization MIREMCO Mineral Resources & Environmental Management Committee NESREA National Environmental Standard Regulatory Enforcement Agency

SESA REPORT Page JANUARY Federal Government of Nigeria Ministry of Mines and Steel Development

Sustainable Management of Mineral Resources Project Sectoral Environmental & Social Assessment

Project Team The organisations and individuals involved in the review and update of the Sector Environmental and Social Assessment (SESA) are as follows:

Task Team Ekaterian N. Mikhaylova Task Team Leader

Paula Lytle Senior Social Development Specialist Amos Abu Senior Environmental Specialist Morten Larsen Operations Analyst Andre Aufer Operations Officer

S.M.M.R.P Team U.L. Adie Project Coordinator Ochanya Anejo Social Development Officer B.Waziri Environmental Officer

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