19 of the Act which mandates carrying out Environmental Impact Assessment for
any activity that will or is likely to have effect on the environment. The section
apparently applies to mining of sand for whatever purposes as long as the mining
activity will or is likely to affect the environment as envisaged under the National
Environment Act.
Accordingly every holder of a mining exploration license or a mining lease is
required to carry out an environmental impact assessment of his or her proposed
operations.
61 The programme of proposed mining operations takes proper account of
Environmental Impact Assessment, Environmental Impact Research, Environmental
Statement and safety factors. The holder of a license referred to in subsection (1) of
this section shall commence his or her operations under this Act only after securing a
certificate of approval of his or her proposed operations from the National Environment Management Authority. The holder of a licence referred to in subsection (1) of
this section shall carry out an annual environmental audit, and shall keep records
describing how far the operations conform to the approved environmental impact
assessment. The provision of subsections (1) and (3) of this section relating to
environmental impact assessment and audit shall not apply to the holder of a location
license.
6.3 Sand Mining and Soil Standards
A raft of soil standards is one of the safest safeguards for the protection of the quality
of sand for agricultural purposes.
62 Good soil has been described as the most
valuable asset a nation can have.
63 It is no wonder therefore that the responsibility
of National Environmental Management Authority includes liaising with relevant
agency to establish minimum standards to maintain the quality of the soil.
64 For that
purpose, the authority is mandated to issue guidelines for the disposal of any
substance in the soil, the identification of the various soils, the manner for the
utilization of any soil and the practices that will conserve the soil.
65 It is also the
responsibility of the authority to issue guideline that will prohibit practices capable
of degrading the soil.
66
The guidelines would cover all practices, including sand mining, by necessary
implication, particularly in terms of standards that help determine the benchmarks
for soil quality as a way of ensuring that no sand excavation activity degrades the
61 Section 108 (NEA).
62 In terms of Section 2 NEA, “standard” means the limits of pollution established under Part VI of
this Act or under regulations made under this Act or any other law”.
63 Prabakhar (2000), p. 126.
64 Sec. 30 (1)(b) NEA.
65 Sec. 30(2)a-d NEA.
66 Sec. 30(2)e NEA.
The Legal Framework for Sand Mining in Uganda
113
any activity that will or is likely to have effect on the environment. The section
apparently applies to mining of sand for whatever purposes as long as the mining
activity will or is likely to affect the environment as envisaged under the National
Environment Act.
Accordingly every holder of a mining exploration license or a mining lease is
required to carry out an environmental impact assessment of his or her proposed
operations.
61 The programme of proposed mining operations takes proper account of
Environmental Impact Assessment, Environmental Impact Research, Environmental
Statement and safety factors. The holder of a license referred to in subsection (1) of
this section shall commence his or her operations under this Act only after securing a
certificate of approval of his or her proposed operations from the National Environment Management Authority. The holder of a licence referred to in subsection (1) of
this section shall carry out an annual environmental audit, and shall keep records
describing how far the operations conform to the approved environmental impact
assessment. The provision of subsections (1) and (3) of this section relating to
environmental impact assessment and audit shall not apply to the holder of a location
license.
6.3 Sand Mining and Soil Standards
A raft of soil standards is one of the safest safeguards for the protection of the quality
of sand for agricultural purposes.
62 Good soil has been described as the most
valuable asset a nation can have.
63 It is no wonder therefore that the responsibility
of National Environmental Management Authority includes liaising with relevant
agency to establish minimum standards to maintain the quality of the soil.
64 For that
purpose, the authority is mandated to issue guidelines for the disposal of any
substance in the soil, the identification of the various soils, the manner for the
utilization of any soil and the practices that will conserve the soil.
65 It is also the
responsibility of the authority to issue guideline that will prohibit practices capable
of degrading the soil.
66
The guidelines would cover all practices, including sand mining, by necessary
implication, particularly in terms of standards that help determine the benchmarks
for soil quality as a way of ensuring that no sand excavation activity degrades the
61 Section 108 (NEA).
62 In terms of Section 2 NEA, “standard” means the limits of pollution established under Part VI of
this Act or under regulations made under this Act or any other law”.
63 Prabakhar (2000), p. 126.
64 Sec. 30 (1)(b) NEA.
65 Sec. 30(2)a-d NEA.
66 Sec. 30(2)e NEA.
The Legal Framework for Sand Mining in Uganda
113