RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing The Rwanda Environment Management Authority (REMA) is the national authority in charge of national environmental protection, conservation, promotion and overall management, including advising the gov - ernment on all matters pertinent to the environment and climate change. Mandatory Requirements Before commencing any mining operations, the holder of an exploration licence, a mining licence or a pro - cessing licence must: of Mining Projects Competent Authority • conduct an environmental impact assessment (EIA) with the help of an independent expert and submit the EIA to the RDB for approval; and • prepare a rehabilitation plan identifying the planned rehabilitation activities and the related budget. In addition, the holder of a mining licence must deposit in the bank account of the National Fund for Environment (NFE) an environment rehabilitation guar - antee (ERG), the amount of which must be equal to the budget of the liabilities of the mining or quarry LH under the EIA. This is to ensure that the LH will rehabilitate the licensed area in respect of any deg - radations resulting from mining or quarry operations. Liability The LH remains liable for environmental protection until the mining site is closed and a final rehabilitation certificate has been issued by the REMA. 2.2 Impact of Environmentally Protected Areas on Mining Environmentally Protected Areas in Rwanda Rwanda currently has five fully protected areas cover - ing almost 2,500 km² or 9% of the country’s total sur - face area: four national parks (Akagera NP, Gishwati- Mukura NP, Nyungwe NP and Volcanoes NP) and the Rugezi-Burera-Ruhondo wetland complex.
Additional measures have also been taken to protect other areas, including wetlands, rivers and various remnant forests. Impact of Project Location in Environmentally Protected Areas Environmentally protected areas have an impact on exploration, development and mining before and dur - ing the operations. Before the operations, the independent expert con - ducting the EIA will automatically categorise as “high impact areas” all projects, including exploration activi - ties, located in: • ecologically sensitive areas (forests, wetlands, steep slopes and wildlife habitats); • areas legally protected by national or international law (trans-boundary ecosystems, international riverbanks and lake shores, national parks, and archaeological sites); and • socio-culturally sensitive areas (densely populated areas, national monuments, memorial sites, and burial grounds/cemeteries). This may lead the authorities to reject the project, or to impose stricter environmental requirements on the operator. The project is also likely to be subject to closer scrutiny during its implementation. During the operations, it is prohibited to carry out min - ing activities less than 20, 10 and 5 metres from wet - lands, main rivers, and small riverbanks respectively. It is also prohibited to discharge untreated wastewater, or to wash minerals in rivers or wetlands and their established buffer zones. In addition, all mining activities, wherever they are located, are subject to strict rules regarding land reha - bilitation. 2.3 Impact of Community Relations on Mining Projects When it comes to the issue of community relations, the following principles apply. • The holder of a mining licence (but not an explora - tion licence) must prepare a plan for development
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