Boost for conservation efforts as State demands Environment Protection Bond from mining investors

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  • October 28, 2024
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Nestled deep in the limestone-mining fields along the breathtaking coastline of the Indian Ocean in Kilifi County are dozens of vast crater-like holes scattered randomly like ugly sores on the face of the breath-taking landscape.

These massive holes marked by jagged rocky edges and crudely-hewn steep walls lie ungainly on the earth surface; unwanted blemishes and enduring symbols of man’s ruthless intrusion into a tranquil environment.

These are retired limestone mines; old, tired, depleted and inactive. Many years ago at their prime, the mines were the main drivers of economic growth at the heart of the national building agenda. They gave birth to several of Kenya’s signature infrastructures including institutions, mega highways and ultra-modern skyscrapers in towns and cities.

At old age, the once-imposing mines have lost all their magnificence. They transformed into unsightly, pest-ridden and water-clogged hazards that must be urgently retired in dignity to allow for rehabilitation of the scarred envir
onment and restore the forgotten beauty to this ancient land.

‘We are implementing plans to rehabilitate our exhausted mines to restore land to what it was. We are using resilient plants that adapt well to marine and terrestrial environments,’ says Dr. Philip Omenge, biodiversity conservation specialist at Mombasa Cement Company.

The giant company is one among several cement makers in the Coast region who have been tasked by the government to provide an updated plan for rehabilitation of exhausted limestone mines as part of meeting their obligation towards environmental restoration. This forms part of the government’s drive of dealing with the dangers of open mining pits by cement producers. Other companies to provide such plans include Bamburi and Simba Cement.

Recently, abandoned mines and retired mineral pits have become cited as a major threat by the government owing to the long-lasting adverse effect they have on the environment. Once minerals are depleted and production stops, crafty investors are lo
ath to spend their money on a venture with zero returns. They simply abandon and leave old mines unattended as they seek new mining grounds

Such abandoned mines are a product of failure by investors to implement post-mine land rehabilitation plans; detailed actions that outline activities and programs to be adopted towards the rehabilitation and restoration of a degraded environment. Land restoration is a central tenet in the Mining Act Cap 306 while rehabilitation plan is one of the key basic conditions to be fulfilled before a mining license is issued to an investor.

However, irresponsible mining investors, after milking the earth dry, simply close shop and disappear. They leave behind an environmental catastrophe in the shape of a tortured landscape; severely degraded, treeless and punctured by vast hazardous yawning pits. The issue is compounded by the prevalence of illegal mining operations operating with total impunity with no regard to the environment.

The Principal Secretary (PS) for the State Depa
rtment for Mining Elijah Mwangi says environmental concerns must never play second fiddle to the need by investors to generate revenue. He states that post-mine land rehabilitation plans and approvals by the National Environmental Management Authority (NEMA) are mandatory requirements before a mining license is issued to investors.

‘The post-mine rehabilitation plan is mandatory for granting a license. All investors are duty-bound by law to restore all the mined zones and ensure they are in pristine condition or even better than they were before mining commenced,’ he explains.

In Kenya, the implementation of land restoration plans by mining investors has been a sluggish process or one that is sometimes ignored altogether. As a result, years of quarrying, excavations, dredging and rock-blasting have led to the exponential mushrooming of thousands of abandoned pits scattered across all the 47 counties.

Such open pits are a great threat not only to the environment but also to communities, livestock and proper
ty. Recently, the perils of abandoned mining pits became a national discourse after the macabre discovery of several mutilated bodies dumped in an open quarry in the Kware area of Nairobi. The quarries further became a public conversation after reports said packs of marauding hyenas that killed and terrorized families in areas of Kiambu County had converted mining tunnels into lairs.

To safeguard the environment from rogue mining operations in Kenya, the government has operationalized section 181 of the Mining Act that requires mining investors to deposit Environmental Protection Bonds with the state.

This bond is a financial security that guarantees environmental restoration should an investor choose to abandon a site without rehabilitating all degraded areas. The bond is fully refundable once an investor meets his obligation towards the environment as stated during the issuance of the license.

‘The philosophy behind the bond is to safeguard the environment. The investors will be required to deposit the m
oney as a commitment to not abandon a site and leave a distressed landscape behind. If that happens, the bond will be used to rehabilitate the land,’ he explains.

In addition to implementing the provision for the bond to deal with rogue investors, the state had taken additional steps to address the proliferation of abandoned mines.

The PS says the government has escalated the war against illegal mining operations with over 3,000 operations closed. Additionally, an audit is underway to establish the status and location of abandoned quarries in Kenya. This arduous mapping assignment will generate data to inform plans on restoration or adoption of alternative use for the quarries.

Experts argue that some tired quarries present an opportunity for commercial use including conversion into water pans in arid and semi-arid regions, adaptation into fish ponds for promotion of aquaculture or being designated as dumping sites for garbage disposal by county governments.

The PS adds that while such options are meant t
o optimize the potential of abandoned quarries, those deemed too risky and dangerous will simply be filled and permanently retired.

‘If a quarry proves to be of no commercial use, it will be condemned and filled. Working with our stakeholders and partners, we are embracing a lasting solution to the menace of abandoned quarries,’ he says.

Source: Kenya News Agency

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