17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf

The Centre for Environmental Rights (CER) provides comments on the draft Artisanal and Small-Scale Mining (ASM) Policy 2021, arguing that ASM operators should be held to the same environmental, water, and health and safety standards as large-scale miners to prevent poverty and inequality caused by environmental degradation.

• The CER argues that all forms of mining, including ASM, must only be permitted after impacts on water, human health, and livelihoods have been properly assessed to ensure the 'polluter pays principle' is enforced, noting that failure to do so disproportionately affects the most vulnerable through loss of land and water contamination.
• Regarding the demarcation of ASM areas, the CER suggests that the Minister's collaboration with departments responsible for Environment, Forestry and Fisheries and Water affairs should be a mandatory obligation ('must') rather than optional ('may'). They emphasize that feasibility studies and strategic environmental impact assessments (SEIAs) must account for cumulative and climate change impacts.
• The CER expresses concern over the lack of clarity in the draft policy regarding environmental accountability in demarcated ASM areas, specifically questioning whether license holders will be held jointly and severally accountable for non-compliance and how cumulative impacts will be addressed.
• The CER recommends that the transfer of mining permits be subject to public scrutiny and a public participation process to ensure new owners can meet environmental responsibilities and that transfers are not used to avoid environmental liability.
• On the issue of land access, the CER proposes that 'free, prior and informed consent' from landowners and lawful occupiers should be the benchmark for the policy, rather than just meaningful consultation, due to the potential for mining to permanently render land unfit for habitation or food production.
• The CER suggests that the government's approach to illegal mining should expand beyond theft and criminal syndicates to include the criminalisation of non-compliance with environmental and water laws, supported by a dedicated detective and prosecutorial unit for environmental crimes.
• The CER notes a gap in the policy regarding community benefits, suggesting that ASM activities should have a requirement similar to the Social and Labour Plan (SLP) required for large-scale miners to ensure mining-affected communities benefit from the activities.

APA

Centre for Environmental Rights (n.d.). 17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf. https://cer.org.za/wp-content/uploads/2021/09/17-06-2021-CER-comments-on-the-draft-ASM-Policy-2021.pdf?x21779

Chicago

Centre for Environmental Rights. 17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf. n.d. https://cer.org.za/wp-content/uploads/2021/09/17-06-2021-CER-comments-on-the-draft-ASM-Policy-2021.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf |url=https://cer.org.za/wp-content/uploads/2021/09/17-06-2021-CER-comments-on-the-draft-ASM-Policy-2021.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsnd17062021cercommentsonthedraftasmpolicy2021f5fc80e02cd7b026pdf, author = {{Centre for Environmental Rights}}, title = {{17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/09/17-06-2021-CER-comments-on-the-draft-ASM-Policy-2021.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }