Environmental Management (Control of Alluvial Mining) (Amendment) Regulations, 2024 (No. 3)

These regulations replace section 3 of the Environmental Management (Control of Alluvial Mining) Regulations, 2014 (S.I. 92 of 2014) with a flat prohibition. From the date of promulgation nobody may conduct alluvial mining or prospect for alluvial deposits in or along any river or public stream, as 'public stream' is defined in section 2(1) of the Water Act [Chapter 20:24].

The ban overrides every form of paper authority. It applies whether or not the miner holds a special grant, a written ministerial authority granted under S.I. 92 of 2014, an approved Environmental Impact Assessment under section 97 of the Environmental Management Act, or any other permit or licence. To remove doubt, subsection (2) declares that any such grant, authority, permit, licence, EIA or Environmental Management Plan valid immediately before promulgation ceases to have any force or effect.

Miners who were lawfully operating must stop immediately and, within thirty days of stopping, carry out the rehabilitation measures required by section 7 of the principal regulations. Both mining in breach of the ban and failing to rehabilitate carry a fine of up to level 14 or up to twelve months' imprisonment, or both. A magistrates' court convicting an offender must also order remedial work to repair the environmental damage, or damages for people harmed.

A new section 3A gives inspectors and police broad seizure powers once a person is charged: they may seize precious stones and minerals near the works or in the offender's possession, and any vehicle, machinery or equipment used. Borrowed equipment is still liable to seizure unless the owner satisfies the inspector or officer that he or she did not know it would be used that way. Seized property is held at the owner's risk, returned if the prosecution fails, and may be forfeited to the State on conviction. The Agency must keep a seized items register recording what was taken, from whom, where, when and how it was eventually disposed of.

The regulations also repeal the Environmental Management (Control of Alluvial Mining) (Amendment) Regulations, 2021 (No. 2), S.I. 104 of 2021. Two caveats: the level 14 fine amount is not printed in the instrument and must be read off the standard scale of fines; and the enabling words cite 'section 140 of the Environmental Management Act [Chapter 20:27]' while the header prints [CAP. 22:27] — an apparent printing slip, the Environmental Management Act being Chapter 20:27.