National Planning Commission

RURAL POVERTY REDUCTION PROGRAMME

SERVICE CONTRACT RPRP-NP-SER-NPCS-02R-2009

Environmental Situation Analysis and Code of Practice for the Small-scale Mining Sector in the Erongo Region

WINDHOEK March 2010 Prepared By

The Southern African Institute for Environmental Assessment

SAIEA

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Contents Executive summary............................................................................................................... - 4 - Acronyms.............................................................................................................................. - 6 - Acknowledgements............................................................................................................... - 6 - 1. Introduction....................................................................................................................... - 7 - 2. Methodology..................................................................................................................... - 8 - 

2.1 Situation assessment ................................................................................................... - 8 - 2.1.1 Field inspections .................................................................................................. - 8 - 2.1.2 Public Participation process................................................................................. - 8 - 2.1.3 Legal review......................................................................................................... - 9 - 

2.2 Impact assessment and determining mitigation measures .......................................... - 9 - 3. Environmental Baseline .................................................................................................. - 11 - 

3.1 Study area.................................................................................................................. - 11 - 3.2 Climate...................................................................................................................... - 11 - 3.3 Geology..................................................................................................................... - 13 - 3.4 Biodiversity............................................................................................................... - 16 - 

3.4.1  Habitats supporting biodiversity ................................................................... - 17 - 3.4.2 Conservation priorities....................................................................................... - 17 - 3.4.3 Ecological processes .......................................................................................... - 19 - 

3.5 Land use .................................................................................................................... - 20 - 3.6 Socio-economic setting............................................................................................. - 21 - 

4. Small-Scale Mining Situation ......................................................................................... - 24 - 4.1 Forces and dynamics................................................................................................. - 24 - 4.2 Overview of current and emerging small-scale mining areas and activities ............ - 30 - 

4.2.1 Erongo Mountains tourmaline and aquamarine mining..................................... - 30 - 4.2.2 Uis tin and tantalite mining................................................................................ - 35 - 4.2.3 Xoboxobos / Tafelkop geode and crystal mining .............................................. - 39 - 4.2.4 Neuschwaben tourmaline mining ...................................................................... - 40 - 4.2.5 Otjua, Wilhelmstal, Otjimbingwe geode and crystal mining............................. - 43 - 

4.3 Local safeguards and regulatory frameworks ........................................................... - 44 - 4.3.1 Small scale mining in perspective...................................................................... - 44 - 4.3.2 Policies, laws and Institutions directly involved in permitting Small Scale Mining - 44 - 4.3.3 Policies, laws and Institutions directly involved in environmental protection in the context of Small Scale Mining in Erongo................................................................... - 47 - 4.3.4 Conclusion ......................................................................................................... - 49 - 

4.5 Key stakeholders............................................................................................................51 5. Impacts.................................................................................................................................61 

5.1 Biophysical impacts .......................................................................................................61 5.2 Socio-economic impacts ................................................................................................71 

6. Mitigation measures.............................................................................................................77 6.1 Current mitigations ........................................................................................................77 6.2 Proposed additional mitigations.....................................................................................79 6.3 Other general mitigations...............................................................................................81 6.4 Site specific mitigations.................................................................................................83 

7. Environmental Code of practice ..........................................................................................83 8. Environmental Management Plan........................................................................................87 

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8.1 Co-operation with landowners.......................................................................................87 8.2 Mine “light” and rehabilitate .........................................................................................88 8.3 Working safely...............................................................................................................88 8.4 Location of camps..........................................................................................................89 8.5 Waste management ........................................................................................................90 

9. Conclusions and recommendations......................................................................................92 10. References..........................................................................................................................93 Appendix 1: List of stakeholders consulted for the Environmental Situation Analysis and Code of Practice for the Small-scale Mining Sector in Erongo Region ..................................95 Appendix 2: Copy of newspaper articles used in the stakeholder engagement process.........98 Appendix 3: Draft Code of Practice for Small-scale mining in the Erongo region...............101 

 

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Executive summary  According to the Terms of Reference (ToRs) for this assignment the objectives of the Environmental Situation Analysis are to describe, identify and assess the likely significant effects of small-scale mining on the Erongo region’s biophysical and social environment. The report describes the cumulative impact of these effects on the environment and recommends mitigations for these impacts in the form of a practical environmental management plan (EMP). An environmental code of practice is introduced in chapter 7 and presented at Appendix 3. This should be adopted by small-scale miners through mechanisms explained in chapter 7. Small-scale mining seems to have minimal impact on the environment when viewed in comparison with large mining operations such as AngloGold Ashanti’s Navachab Mine and Rössing’s Uranium operations. However, it is estimated that between 1,600 and 4,000 people are involved in small-scale mining in Erongo, leading to cumulative impacts which may significantly affect the biophysical and socio-economic environment. Negative effects have the potential to affect other land-use and livelihood options, reducing the ability of small-scale mining to contribute to sustainable development in the region. An environmental situation analysis was conducted which considers the state of the environment in small-scale mining areas of Erongo. It focused on the biophysical, social and economic situation of small-scale mining in six major small-scale mining areas. These are: Neuschwaben, Xoboxobos, Spitzkoppe (including Klein Spitzkoppe), Wilhelmstal – Omaruru, Otjua – Otjimbingwe and Uis. Mining intensity varies from heavy (e.g. Neuschwaben) to moderate (e.g. Xoboxobos / Tafelkop) to light (e.g. Erongo Mountains). In many areas (Neuschwaben, Xoboxobos) the success of small-scale miners’ operations has been decreasing over the past few years, with easily mined deposits being depleted, and deeper deposits requiring much earthmoving. Miners are either seeking other livelihood opportunities or are moving to the Erongo mountains where deposits are still plentiful, valuable and relatively easy to get at. Except for the Erongo Mountain operations, none of the mining areas fall within ecosystems of significant biodiversity. Several of the operations do however fall within conservancies (communal and commercial). Small-scale mining in the Erongo region has the potential to be a reasonably sustainable livelihood strategy. Although it currently exists not without conflict with other land-uses, it can be operated in harmony with most land-uses and may even have a synergistic relationship with one of Namibia and the Erongo regions most valuable industries, namely tourism. Numerous impacts on the socio-economic and biophysical impacts of small-scale mining were identified. Impacts of high significance are:

• Disruption of day-to-day activities; • Damage to archaeological heritage; • Security risk to landowners; and • Poaching.

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Impacts of medium significance are: • Wildlife displacement; • Collection of firewood; • Visual scarring; • Risk of fire; • Erosion; • The biophysical impact of poaching; • Interference with tourism; and • Safety of miners.

A number of positive impacts were also identified:

• Provision of jobs for locals; and • Stimulation of the local economy.

For each negative impact mitigatory actions are recommended. With implementation of these mitigations all negative impacts can be reduced to low significance. Enhancements of positive impacts are also proposed. The medium negative impact of interference with tourism can be mitigated into a positive impact through the creation of tourism attractions from small-scale mining operations. An environmental management plan is proposed which details the implementation of these mitigations. An Environmental Code of Practice (ECOP) was developed to serve as a practical manual to ensure that small-scale mining in the Erongo region has a reduced negative environmental and social impact, and can be an integral part of sustainable livelihood options for residents of the region. The code of practice focuses on five main points, namely: i) Co-operate with landowners, ii) Mine “light” and rehabilitate, iii) Work safely, iv) Locate camps cleverly, and v) Waste management. It is recommended that small-scale miners commit to the implementation of the ECOP as a requirement for the registration of a claim.

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Acronyms  CBNRM : Community Based Natural Resource Management CLB : Communal Land Board DEA : Directorate of Environmental Affairs ECOP : Environmental Code of Practice EMP : Environmental Management Plan EQO : Environmental Quality Objective ERSMA : Erongo Small-Scale Miners’ Association GDP : Gross Domestic Product GSN : Geological Survey Namibia LAC : Legal Assistance Centre MET : Ministry of Environment and Tourism MME : Ministry of Mines and Energy NBC : Namibian Broadcasting Corporation NIMT : Namibian Institute for Mining and Technology NNP : Namib Naukluft Park NPC : National Planning Commission NSMAC : National Small-Scale Mining Assistance Centre NWCRA : National West Coast Recreation Area RPRP : Rural Poverty Reduction Programme SEA : Strategic Environmental Assessment SIDA : Swedish International Development Corporation Agency SMAN : Small-scale Miners Association of Namibia SSM : Small-scale Miner ToRs : Terms of Reference

Acknowledgements  The following institutions are acknowledged for being instrumental in the initiation and completion of this project: The National Planning Commission (NPC) Rural Poverty Reduction Programme (RPRP) and EU for financially supporting this project. The BGR-GSN Project of Technical Co-operation for technical guidance and assistance with the fact-finding field trip. The Erongo Regional Council for allowing discussions at their stakeholder forum, ERSMA for co-operations and provision of information, numerous small mining co-operatives and small scale miners, jewellers, landowners and traditional authorities. A full list of consulted parties is attached to this report at Appendix 1.

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1. Introduction  The Erongo Small-scale Miner Association (ERSMA) is a body which was established under the umbrella Small Miners Association of Namibia (SMAN) and was registered as an Association not for Gain in 2008. Its formation was preceded by the formation of the Small Scale Miners Stakeholders’ Forum in 2005. The forum is co-ordinated by the Erongo Regional Council and consists of regional authorities, the Ministry of Mines and Energy, small-scale miners, small-scale mining co-operatives and a number of support organizations, such as the BGR-GSN Project of Technical Co-operation, the Geological Survey of Namibia (GSN), the Rössing Foundation, the National Planning Commission (NPC) Rural Poverty Reduction Programme (RPRP) and large mining and associated companies in the region such as Anglo Gold Ashanti Navachab, Basil Read, Major Drilling and Rössing Uranium. Funding to address constraints to the small-scale mining industry in Erongo was made available largely by the NPC RPRP, the BGR-GSN project and to a lesser extent other companies. It was intended to provide support to small-scale miners in the following areas:

• Mining methods and equipment; • Health and safety considerations; • Creating and strengthening markets; • Beneficiation of product – predominantly cutting and polishing skills and equipment;

and • Environmental considerations.

According to the Terms of Reference (ToRs) for this project the objectives of the Environmental Situation Analysis is to describe, identify and assess the likely significant effects of small-scale mining on the Erongo region’s biophysical and social environment. The report describes the cumulative impact of these effects on the environment and recommends mitigations for these impacts in the form of a practical environmental management plan (EMP). An environmental code of practice is introduced in chapter 7 and presented at Appendix 3. This should be adopted by small-scale miners through mechanisms explained in chapter 7. There is no accepted legal definition of small-scale mining (SSM), but small scale mines are generally part of the informal sector, typically employ only a few people, mostly use manual equipment, and have limited technology and financial resources. The Ministry of Mines and Energy (MME) estimates that about eighty percent of small-scale mining is done illegally. While it is recognized that small-scale mining creates opportunities for employment and encourages entrepreneurship, the lack of monitoring of small-scale mining activities can lead to labour malpractices and environmental degradation. These impacts can negatively affect natural resources as well as create a negative perception of the product and brand of gemstone and crystal mining in Namibia.

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2. Methodology   2.1 Situation assessment  2.1.1 Field inspections  A field inspection to the most important small-scale mining areas as well as the cutting and polishing factory in Karibib and the gemstone markets in Uis and Spitzkoppe junction, was undertaken in January 2010. The inspection included:

• an Estimate of the intensity of small-scale mining in different areas This considered the extent of the mining footprint as well as the depth of excavation and amount of tailings / overburden;

• The extent of associated infrastructure and or housing for miners; • Sensitivity of the ecosystems and possibility for the presence of rare and endangered

species; • Social setting in which the small-scale mining takes place; • Identification of biophysical and social impacts.

2.1.2 Public Participation process  As required by the ToRs for the project, extensive public consultation was done during the process. This included the following:

• One on one interviews with key stakeholders, including small-scale miners (legal and illegal), landowners, conservancy managers, traditional authorities, regional authorities, support and donor organizations, conservation organizations, gemstone and crystal dealers and collectors, jewellers and tourism operators. For a complete list see Appendix A;

• Focus group meetings. Focus group meetings were held with the Ministry of Mines

and Energy, ERSMA small-scale miners attending an entrepreneurship workshop, a group of small-scale miners at Xoboxobos and the Erongo Small-Scale Miners Stakeholder Forum;

• Newspaper articles and radio interviews / briefs. In order to share information about

the project, and enable feedback from stakeholders, journalists were approached to publicise the project broadly. Newspaper articles appeared in the Republikein newspaper on 5 and 25 February and 1 March 2010 and the Namibian on 18 February 2010. In addition radio briefs were sent to all NBC radio stations and one radio interview was conducted with NAMFM 99. All of the above included a call for inputs into the process, and for stakeholders not yet contacted through the process to have input. A number of stakeholders included in Appendix A contacted SAIEA in reaction to these articles.

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2.1.3 Legal review  A review of relevant literature and legal documentation was undertaken by the Legal Assistance Centre (LAC). The review considered all relevant policies, laws and institutions relevant to small-scale mining in Namibia. Also, key stakeholders provided valuable insight into the current control framework for small-scale mining helped identify constraints and challenges in this regard.

2.2 Impact assessment and determining mitigation measures  Environmental Impact Assessment (EIA) is a systematic process to identify, predict and evaluate the environmental effects of proposed actions and projects. This process is applied prior to major decisions and commitments being made. A broad definition of environment is adopted. Whenever necessary, social, cultural and health effects are considered as an integral part of EIA. Particular attention is given in EIA practice to preventing, mitigating and offsetting the significant adverse effects of proposed undertakings. The purpose of EIA is to:

• provide information for decision-making on the environmental consequences of proposed actions; and

• Promote environmentally sound and sustainable development through the identification of appropriate enhancement and mitigation measures.

In determining the impacts for small-scale mining in Erongo, a comprehensive view was taken of the linkages and interactions among the issues as identified through physical inspection and stakeholder consultation. Also, the impact assessment identified both positive and negative impacts. Impacts were then rated. This was done by reference to certain key characteristics, which establish the potentially significant effects (see box below). Environmental impacts can vary in:

• type – biophysical, social, health or economic • nature – direct or indirect, cumulative, etc. • magnitude or severity – high, moderate, low • extent– local, regional, transboundary or global • timing – immediate/long term • duration – temporary/permanent • uncertainty – low likelihood/high probability • significance* – unimportant/important

*Impact significance is not necessarily related to the impact magnitude. Sometimes very small impacts, such as the disturbance of the nest of a pair of endangered birds, may be significant. When determining the significance of the potential impacts of a proposal, all of the above factors should be taken into consideration.

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EIA good practice in mitigation requires a relevant technical understanding of the issues and the measures that work in the circumstances. Mitigation can be carried out by:

• structural measures, such as design or location changes, engineering modifications and landscape or site treatment; and

• non-structural measures, such as economic incentives, legal, institutional and policy instruments, provision of community services and training and capacity building.

A three-step process of mitigation was applied to relate the hierarchy of elements in Figure PP.

Alternative sites ortechnology to eliminateImpacts

Actions during design,construction, operationto minimize or eliminateimpacts

Used as a last resortto offset impacts

Avoidance

Minimization

Compensation

Common,preferable

Rare, undesirable

Figure 1: The elements of mitigation (source UNEP 2002) Generally, as project design becomes more detailed, the opportunities for impact avoidance narrow and the concern is to minimise and compensate for unavoidable impacts. However, these distinctions are not rigid and opportunities for creative mitigation should be sought at all stages of EIA and project planning. The following steps should be followed: Step One: Impact avoidance. This step is most effective when applied at an early stage of project planning. It can be achieved by:

• not undertaking certain projects or elements that could result in adverse impacts; • avoiding areas that are environmentally sensitive; and • putting in place preventative measures to stop adverse impacts from occurring.

Step Two: Impact minimisation. This step is usually taken during impact identification and prediction to limit or reduce the degree, extent, magnitude,

or duration of adverse impacts. It

can be achieved by: • scaling down or relocating the proposal; • redesigning elements of the project; and • taking supplementary measures to manage the impacts.

Step Three: Impact compensation. This step is usually applied to remedy unavoidable residual adverse impacts. It can be achieved by:

• rehabilitation of the affected site or environment, for example, by habitat enhancement and restocking fish;

• restoration of the affected site or environment to its previous state or better, as typically required for mine sites, forestry roads and seismic lines; and

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• replacement of the same resource values at another location, for example, by wetland engineering to provide an equivalent area to that lost to drainage or infill.

3. Environmental Baseline  3.1 Study area  The study area for this project is the Erongo region (Figure 2).

Figure 2: The Erongo Region small mining areas 3.2 Climate  The Namib Desert, occupying a narrow belt along Namibia’s coast, gives much of the Erongo Region its climatic characteristics:

• Very low rainfall, averaging about 300 mm in the north-eastern parts of the Region and less than 15 mm at the coast. The Namib proper, i.e. within roughly 120 km of the coast, has median annual rainfall less than 150 mm, classifying it as hyper-arid.

• Great variability in annual rainfall, with most years receiving less than the average, and occasional years receiving very heavy rains that may be more than triple the average figure.

• Coastal fog that brings moisture in frequent but small amounts, which moderates the heat and moisture extremes on the western side. Fog occurs at the coast about 125

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days per year; and penetrates to 60 km inland about 60 days per year. Incidence of fog decreases rapidly further east.

• A steep rainfall gradient across the short breadth of the Namib and relatively wetter areas in the eastern part of the region. The rain and fog gradients run in opposite directions, with the lowest total precipitation in the middle zone;

Figure 3: Annual median rainfall and wind roses for Erongo Region. While clear skies characterize most deserts, fog at the coast is responsible for bringing the average number of hours of sunlight down to about 7 per day. Inland of the main fog belt, the Region receives an annual average of more than 10 hours of sunlight per day. Thus

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temperatures are relatively moderate at the coast: the average minimum and maximum temperatures during the coldest and hottest months show a range of about 7-32oC. At Usakos, 120 km from the coast, temperatures are more extreme. High temperatures and low humidity result in high rates of evaporation. Evaporation rates from an open body of water inland of the coastal plains range from about 2,000 mm to over 2,660 mm per annum. Most rain in the Region falls in late summer, between January and April (73%), usually as intense thunderstorms that are patchily distributed and short lived. Years of widespread heavy rainfall are very rare, and in the Namib proper annual totals of more than 100 mm have been recorded only five times in the past 70 years.

The physical setting of the Namib is harsh and extreme episodic events are an important feature of the climate. While they are very rare, they can have a severe impact on the environment and on man-made infrastructures. Examples are high intensity thunderstorms, producing flash floods or preceded by extreme winds and sand-storms, and hot gale-force East winds in the winter. 3.3 Geology (as adapted from the Uranium Rush Strategic Environmental Assessment – Geological Survey of Namibia 2009) The Erongo Region is well known for its minerals, which include base metals, uranium, industrial minerals and semi-precious stones. The Damara Belt is a 400 km wide orogenic belt, stretching north-east from the coast through central Namibia reaching Botswana and Zambia. The opening and closure of the Damaran Ocean, followed by continental collision has led to the formation of a range of meta-sediments (gneiss, schist and marble), as well as magmatic intrusions. Following a long period of erosion, the spreading of the Atlantic Ocean in the early Cretaceous was accompanied by anorogenic igneous activity, resulting in the complexes of Erongo, Brandberg, and Spitzkoppe, and the associated Etendeka lavas (dark orange in figure 4) as well as dolerite dykes. Cavities in pegmatites in the Central and Northern Zones of the Damara Belt are often lined with striking crystals that have high economic value because of their rarity or appearance. Semi-precious stone production takes place mainly on a small scale; the portfolio includes tourmaline, aquamarine, garnet, topaz, and rose quartz. Fluorine and boron metasomatism and replacement of Damara and Karoo rocks near intrusions such as the Erongo Granite have locally been very intense, and also caused mineralization. Along fracture zones and granite-schist contacts, Damara granites are often replaced by quartz-sericite-topaz-toumaline greisens. Mining activity in the Erongo region include numerous Uranium mines (Rössing, Trekkopje, Langer Heinrich and Valencia) the Anglo-Gold Ashanti Navachab Gold Mine, salt mines, dimension stone such as marble and dolerite, abandoned copper, lead, zinc and tin mines, as well as small-scale mining of semi- precious stones from the Damaran pegmatites as explained above.

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Figure 4: Geology of the Erongo Region Small scale mining is concentrated on the mineralized granites of the Etendeka lavas (dark orange in figure 4, of which the Brandberg, Grosse and Kleine Spitzkoppe and Erongo complex are major features. The Spitzkoppe granites (figure 5) were emplaced about 130 Ma ago in metamorphic rocks of the Damara Sequence as part of a widespread magmatic activity in Namibia which was associated with the opening of the South Atlantic Ocean during the break up of Gondwanaland. The Grosse and Kleine Spitzkoppe are exposed as a result of the erosion of the overlying country rocks.

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Figure 5: The Spitzkoppe granites (Pontoks) The Grosse Spitzkoppe is an inselberg with a height of 1 728 m above sea level, rising more than 670 m above the surrounding plain. This granite complex sharply cuts and locally brecciates the surrounding Damara meta-sediments and granites. It is famous for its natural beauty and as a locality for excellent mineral specimen, such as crystals of topaz and beryl. The stock consists of four texturally distinct main granite units: a medium-grained equi-granular granite at the margin, a coarse-grained granite, a porphyritic granite at the centre, and a small cupola of porphyritic microgranite. The Kleine Spitzkoppe, located some 15 km west of the Grosse Spitzkoppe, has a total height of about 1 584 m above sea level and rises 640 m above the Namib peneplain. This granite stock is made up of a medium- to coarse-grained topaz-bearing syeno-granite that forms the Kleine Spitzkoppe Mountain, and an equigranular to porhyritic microgranite, which occurs in low-lying. The Erongo Complex is the largest of the Cretaceous anorogenic complexes in north-western Namibia; it represents the eroded core of a caldera structure with peripheral and central granitic intrusions (Fig. 4). It has a diameter of 35 km and is surrounded by a ring dyke of olivine dolerite which is now highly eroded. The central part of the complex consists of a layered sequence of volcanic rocks, forming cliffs that rise some hundred meters above the surrounding basement of Kuiseb Formation mica schist and meta-greywacke. The Erongo granite is the volumetrically most significant of all the rocks in the Erongo Complex. It is a massive, coarse grained, equi-granular, leucocratic-biotite granite that occurs as isolated stocks, dykes and sills (figure 6). Tourmaline, beryl, fluorite and apatite are some

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of the accessory minerals of the granite. The Erongo granite is associated with greisen-type tungsten, tin, fluorite and beryllium mineralization as a result of interaction with hydrothermal fluids.

Figure 6: Erongo granites at Tubussis The Gross and Klein Spitzkoppe granitic stocks are well known for their natural beauty and crystals. Miarolitic cavities and pegmatite pockets are common. Heliodore from the Klein Spitzkoppe has been found in closely spaced pegmatitic druses within Mesozoic granite. Heliodore frequently occurs together with a light yellow fluorite and is mainly confined to the smaller druses, where it is associated with fine mica. It is also found inter-grown with orthoclase. Other common accessory minerals include tourmaline, fluorite, columbite, monazite, thorite, magnetite and niobian rutile. Semi-precious stones in the Brandberg Complex are a result of subsolidus reactions and granite alteration to various degrees by hot, post-magmatic, alkaline, metasomatic fluids. The mineralised quartz veins, which in places are also highly mineralised with tin, consist of 70 to 95% quartz, with K-feldspar, tourmaline, fluorite, graphite, beryl, and apatite.

3.4 Biodiversity  Biodiversity is considered under four main headings:

• The habitats in which plants and animals occur • The species which are most vulnerable due to endemicity or threatened status • The ecological processes which support life in the area • The areas of high biodiversity value.

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3.4.1  Habitats supporting biodiversity The main terrestrial habitats found in Erongo Region fall into five main types, viz

• Gravel plains • Savanna transition • Sand dunes • Rocky ridges, inselbergs and incised valleys • Large ephemeral rivers • Coastal wetlands

In addition there are small-scale features which are important environmentally but too small to mark and map individually, such as caves, springs and innumerable small ephemeral washes, and ephemeral pans. The main habitats affected by small mining are mountainous and rocky areas, savanna and gravel plains, as well as caves and the many ephemeral water sources.

3.4.2 Conservation priorities Mammals Diversity of mammals in Erongo Region is not particularly rich, compared to wetter areas of Namibia and southern Africa (Griffin 1998). Nevertheless mammals, together with birds, are often the most conspicuous and tourist-attracting animals in any landscape. The central Namib boasts low numbers of ungulates (such as kudu, gemsbok, springbok, and klipspringer) and some conservation priority carnivores (described below). Small mammals such as rodents, shrews, hares and bats are present and unlikely to be impacted by small mining activities, except for possible disturbance at bat roosts in caves. One bat species, Namib Long-eared Bat (Laephotis namibensis) is endemic to the central Namib but, even though it has a small distribution, small mining activities are relatively confined and do not pose any risk to the occurrence of this species. Mountain Zebra (Equus zebra hartmannae) is endemic to Namibia and is mostly confined to hilly and mountainous country in the central and western parts of Namibia. This subspecies is considered Secure in Namibia, but the species is rated Endangered in the international context (Griffin & Coetzee 2005). Although only about a quarter of the total population of about 25,000 of the hartmannae subspecies (Novellie et al 2002) inhabit formally protected areas, the expansion of conservancies and game farming preserves their habitat and offers them protection. Groups usually stick to traditional areas where they follow well worn routes between water points and grazing areas. These animals are sensitive to disturbance from human activities. Areas which they frequent, if occupied by small groups of miners camped out especially close to water points, could lead to disruption of their movement corridors to favoured places and possible loss of those populations. Cheetah (Acinonyx jubatus) occur as rare vagrants in Erongo’s protected areas but are more common on commercial farmland. These shy animals, classified as Vulnerable, are possibly at risk from poaching, especially with snares. The African Wild Cat (Felis lybica) is classified as Vulnerable due to its genetic dilution from breeding with domestic cats. It is fairly common in eastern Erongo where there is rock and vegetation cover for shelter. Presence of feral cats is potentially a problem around small miner settlements.

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Cape Fox (Vulpes chama) and Bat-eared Fox (Otocyon megalotis) are both classified as Vulnerable, as their numbers have declined in Namibia due to poisoning directed at jackals. They have strong populations in the Namib and are less common on farmland in eastern Erongo. Both species are shy and sensitive to disturbances, and are likely to move away from areas of mining activity. They are also at risk from snares set for other animals for the pot. Birds A very high diversity of birds is recorded from Erongo Region because of the diversity of habitats, comprising the desert proper, deeply incised valleys of the main ephemeral rivers and their tributaries, wetland habitats along the coast, and semi-arid terrain on the eastern edge. Six non-wetland bird species are listed as conservation priorities (Simmons & Brown in press). The Martial Eagle (Polemaetus bellicosus) suffers direct persecution through shooting, and is a frequent victim of drowning in farm reservoirs (Steyn 1982, Brown 1991, Anderson et al. 1999). Other threats are collisions with power lines and a decline in suitable prey (Brown 2009). This species is classified as Endangered in Namibia because of its steep population decline, especially on commercial farmlands (Brown 1991). Small mining activities are likely to lead to a reduction in prey items and possibly also to disturbance at nesting sites – usually in large trees in ephemeral river beds. The Lappet-faced Vulture (Torgos tracheliotus) is classified as Vulnerable in Namibia. The main cause of decline is poisoning, but other causes such as shooting, destruction of breeding trees (Anderson 2000) and disturbance during breeding are also important factors. Namibia holds about 50% of the southern African population, and thus has a special responsibility for its conservation. Special attention needs to be paid to causing absolutely no disturbance near (within 2 km of) nesting sites - usually large trees found in drainage lines. The Cape Eagle-Owl (Bufo capensis) is found where there are river valleys through arid areas with rocky or mountainous terrain and adequate prey - rock hyrax and rock rabbit. It carries Near-Threatened status because its population is likely to be small, probably below 1,000 birds. This owl might be impacted by mining activities through direct disturbance and decline in prey species. Verreauxs’ (Black) Eagle (Aquila verreauxii) lives in mountainous terrain where its favoured prey, rock hyrax, is common. It is at risk from poisoning, direct persecution and decline in prey populations. This species is classified as Near Threatened because of the threat from the high incidence of poisoning that occurs in Namibia (Brown 1991, Simmons 1995, Bridgeford 2001), and its relatively small population size. The Peregrine Falcon (Falco peregrinus) occurs at low density through most of the central Namib, preferring areas where cliff habitat is close to woodland or wetlands. It is listed as Near-Threatened as its numbers are relatively low and it is known to be vulnerable to pesticide uptake (probably not an issue in the project area). Ludwig’s Bustard (Neotis ludwigii) is expected to be upgraded soon to Vulnerable status in Namibia as it is frequently killed in collisions with overhead powerlines and telephone lines (Hockey et al. 2005) and populations have experienced a rapid recent decline. Poaching of this large bird is a possibility where it is encountered by miners.

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Reptiles Namibia has a rich diversity and abundance of reptiles, and their relative success in occupying arid habitats makes them a significant feature of the biodiversity of Erongo Region. Geckos and sand lizards in particular are very diverse and 19 of the approximately 30 species occurring in Erongo Region are endemic to Namibia (mostly to the Namib Desert). Habitat alteration and destruction are the main threats of small mining against the many small and secretive lizards and snakes that occur in the region, although the extent of these impacts is not considered to be wide enough to threaten any of the species. Large and conspicuous lizards (e.g. rock leguaan) and relatively large snakes are often killed by people (unnecessarily) on first sight. Tortoises have suffered serious declines in southern Africa as they are easily picked up and either kept as pets (where they usually die soon afterwards) or are eaten. Frogs Frogs are rare in arid areas but are more common than might be expected, especially in rocky areas due to crevices and pools which hold water for short periods during rains and which provide moist refuges for them during the dry season. Thus the mountainous and rocky areas of Erongo Region support greater abundance and diversity of frogs than plains areas of the desert, and the more mesic eastern edge of the Region supports one or two species that live in savanna habitats. Invertebrates Diversity of species and endemism are most pronounced in the invertebrate classes (e.g. scorpions, spiders, solifuges and other arachnids; as well as insects), and endemism in the central Namib is surprisingly high (Irish 2009), even in relatively ‘homogeneous’ habitats such as gravel plains. Nevertheless, these species are mostly insignificantly impacted by localized small mining activities.

3.4.3 Ecological processes Ecological processes refer to the functions and roles which are necessary to support plants and animals (such as occasional water flows in ephemeral rivers), and the processes that the plants and animals contribute to (such as cycling of nutrients) as they go about their lives. In the same way that individual species and populations are important, ecological processes are vital for sustaining life of all kinds (trees, wild animals, livestock and people). Movements of animals should not be hindered or restricted. Nomadic species moving opportunistically to grazing areas (such as gemsbok and springbok) or animals which move more regularly to daily drinking places (such as mountain zebra to springs) depend on these resources and will die or move away if their movements are disrupted. Obstacles such as fences are often responsible for restricting movements. With respect to activities of small miners, the presence of people camped near a spring or using noisy generators can frighten animals such as zebra and klipspringer away from resources that they depend on and require for survival. Water flows that occur as a result of rare, patchily distributed thunderstorms are usually short-lived but are important in supporting vegetation along the drainage lines, which in turn is essential as food and shelter for many kinds of animals. Soil moisture and underground

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aquifers are vital natural resources in the dry climate. Runoff patterns should not be interfered with, so that infiltration of water to support plants is not impeded. This refers to flow of water in all water courses, from shallow ephemeral washes to larger more prominent rivers. Other ecological processes obviously occur, such as nutrient cycling in the food chains, but are not considered to be impacted significantly by small mining activities. 3.5 Land use  It is important to consider other types of land-use in the areas where small-scale mining takes place. This report considers the impact of small-scale mining on these land-uses and looks at ways of improving their compatibility and considering possible synergies between them. The table below summarises land-use and activities in areas where small-scale mining takes place in the Erongo region. Table 1: Land use and possible conflicts with small-scale mining Small-scale mining area

Surrounding land-use Possible conflicts Possible synergies

Spitzkoppe and kleine Spitzkoppe area

Within the !Gaiugu conservancy – eco-tourism, sustainable utilization of wildlife

Visual impacts may reduce attractiveness for eco-tourism, poaching by small-scale miners affect wildlife numbers, excavation pits are a safety hazard for wildlife and humans

Gemstone curio sales to tourists

Xoboxobos / Tafelkop

Within the Tsiseb conservancy - eco-tourism, sustainable utilization of wildlife

Visual impacts may reduce attractiveness for eco-tourism, poaching by small-scale miners affect wildlife numbers, excavation pits are a safety hazard for wildlife and humans

Gemstone curio sales to tourists, creating a tourist attraction at diggings

Neuschwaben, Wilhelmstal, Otjua, Karibib area

Commercial farming Excavations reduce the volume of productive grazing for livestock and wildlife, reduced security of landowners and their possessions

Gemstone curio sales to tourists

Uis area Tourism, eco-tourism, sustainable use of wildlife resources

Visual impacts may reduce attractiveness for eco-tourism,

Gemstone curio sales to tourists, creating a tourist

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Small-scale mining area

Surrounding land-use Possible conflicts Possible synergies

poaching by small-scale miners affect wildlife numbers, excavation pits are a safety hazard for wildlife and humans

attraction at diggings

Erongo mountains (including Dubusis, Tubussis, Kudubis)

Commercial farming, hunting, eco-tourism

Visual impacts may reduce attractiveness for eco-tourism, poaching by small-scale miners affect wildlife numbers, excavation pits are a safety hazard for wildlife and humans

Gemstone curio sales to tourists, creating a tourist attraction at diggings

Large parts of Erongo Region are desert and owned by the State as protected areas under conservation management: these include the Namib-Naukluft Park (NNP) in the south and central area, and the National West Coast Recreation Area (NWCRA) in the north. The Ministry of Environment and Tourism is responsible for the management of these areas, and intends expanding the formal protected area to include the area around Walvis Bay and the dune belt running northwards to Swakopmund. This will proclaim the entire coastal belt of the country as the Namib Skeleton Coast National Park. Protected areas will then comprise almost exactly 33% of the Erongo Region. Communal land constitutes about one third of the region and lies to the east of the NWCRA. Most of it is under conservation management through the following conservancies: !Gaingu (centred around Spitzkoppe); Tsiseb (focused on Brandberg), Otjimboyo and Ohungu. East of these, the land is under freehold title (another third of the region) and is mostly used for commercial cattle ranching. The arid nature of the landscape means that very little of the area has agricultural potential. Only 10km² of Erongo Region is cleared for cultivation (NPC, 2007); this includes the area of small-scale farming in the Swakop River bed, as well as small areas at Omaruru and Okombahe. Small stock farming is the most important agricultural activity in the region. This is mostly practised on the communal land described above, where goats and sheep are run on conservancy land. Also, Topnaar people living along the Kuiseb River in the NNP keep goats, cattle and donkeys. Land under Local Authority responsibility makes up 1.5% of the total area of the region. Eighty percent of the Erongo population lives in urban areas; most of these are concentrated in Walvis Bay and Swakopmund. The rural population is dispersed in the communal and freehold areas, concentrated in small settlements such as Spitzkoppe, Otjimbingwe and Okombahe. 3.6 Socio­economic setting  According to various environmental impact assessment reports as well as the Uranium Rush SEA (in preparation) the Erongo Region is relatively prosperous having the second highest

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per capita income after Khomas. It derives most of its income from mining, fishing and tourism. Mining in Namibia accounts for approximately 20% of GDP, and employs roughly 3% of the population. Commercial fishing and associated industries is the most important employer in the region, employing about a third of economically active individuals. This industry is under pressure due to reductions in fish stocks, leading to a number of fishing companies and factories closing. The tourism sector provides over 18,000 direct jobs (5% of total employment), and N$ 1,600 million pa in revenue (3.7% of GDP). The sector has seen significant growth over the past fifteen years, with tourist arrivals increasing more than threefold from 254,978 in 1993 to 833,345 in 2006 (NTB, 2007). Small-scale mining is difficult of quantify in terms of its contribution to the Erongo economy as a result of its informal nature, but it is estimated to employ between 1600 and 3000 people in the region. ERSMA have estimated income from this sector in Erongo to amount to N$ 4.8Million in 2009. Table 2: Erongo social indicators

Indicator

Aran

dis

Dau

res

(Uis

are

a)

Karib

ib

Om

arur

u

Swak

opm

und

Wal

vis

Bay

Urba

n

Wal

vis

Bay

Rura

l

Under 5 years (%) 11 15 13 12 10 9 11

5 – 14 Years (%) 22 24 23 29 17 13 16

15 – 59 Years (%) 59 50 55 59 67 69 71

60+ years(%) 7 11 8 7 6 5 2

Males /100 females 102 109 106 106 107 142 110

Mean Household size 3.9 4.3 4.0 3.7 3.4 3.9 3.7

Female Headed HH (%) 31 42 37 40 31 33 37 Table 2 distinguishes the abovementioned statistics for the different constituencies of Erongo. Small-scale mining may be contributing to the increase in female headed households as miners leave their villages and homesteads for temporary settlements at mining claims (NamWater 2009). In 2001, 71% of the population in Erongo of was economically active age1. 34% of the economically active population was unemployed, up from 24% in 1991. This is a clear indication that unemployment is a serious problem in the region and it must partly be ascribed to the in-migration of people from other regions in search of employment. If 1 15years or older

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compared to other regions and the nation as a whole, the region has the fifth highest level of unemployment with only the four north-central regions reporting higher levels of unemployment. The food consumption ratio is another good indicator of the general well-being of a population. It uses the proportion of a household’s income that is spent on food to approximate its relative well being. The higher this proportion the more it indicates that the household is struggling to meet its most basic food needs. A household that uses more than 80% of its income on food is regarded as extremely poor while a household that spends between 60 and 79% of its income on food is regarded as poor. The table below provides the detail. Table 3: Food consumption ratio per region (NamWater 2009)

Food Consumption Ratio (% of Households) Region

80 - 100 60 - 79 40 - 59 0 - 39 Total

Caprivi 7.1 36.5 29.0 27.5 100

Erongo 0.4 5.3 19.6 74.7 100

Hardap 4.9 22.7 26.0 46.5 100

Karas 3.1 15.4 25.5 57.0 100

Kavango 8.0 42.4 29.1 20.4 100

Khomas 0.6 3.0 13.0 83.4 100

Kunene 11.2 25.7 27.5 35.6 100

Ohangwena 0.2 22.5 49.9 27.5 100

Omaheke 12.4 28.0 26.3 33.3 100

Omusati 1.8 44.9 34.4 18.9 100

Oshana 6.0 25.3 29.5 39.2 100

Oshikoto 6.1 40.9 26.5 26.5 100

Otjozondjupa 3.4 15.3 26.6 54.7 100

NAMIBIA 3.9 23.9 27.4 44.8 100

Small-scale mining is carried out mostly be males, with females and other members of households participating in the cleaning, polishing and marketing of gemstones and crystals. Small scale mining operations are mostly in remote areas. Most miners do not have convenient access to clinics or healthcare facilities, with distances to such facilities varying from 15 to 130 km. From a sample collected, the average distance from healthcare was calculated as 35 km. Access to education for children of small-scale miners can be equated to the abovementioned access to healthcare, as these facilities are usually located in the nearest town. With limited access to transport, distances of over 20km are out of reach of the average small-scale mining family. In Neuschwaben a miner stated that there was a transport arrangement to get school

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children to Karibib for education, but that this had recently disintegrated. Parents who cannot leave their children with relatives in Karibib to attend school have no option but to keep the children at the mining settlement. 25% of surveyed miners placed priority on education for their children with income from mining operations. Education of small-scale miners varies from grade 2 to grade 12, with the average education being grade 9. 92% of small-scale miners possess cellphones, and all miners had access to telecommunications, and stated that this was crucial to their ability to market and sell their product. 4. Small­Scale Mining Situation  4.1 Forces and dynamics 

Mining on private land freehold farms, conservancies, and communal land

Markets•Local dealers•Local jewellers•Local collectors•Uis and Spitzkoppemarkets

•Tourists

•Foreign dealers•Foreign collectors (USA, Germany,  Japan, UK)

Economic outputs•Tax (no)•Local investment (shebeens, guest house)•Local spending (lifestyle)•Employment (re‐invest in mining jobs)•Minerals tax

Inputs•Fuel•Equipment•Labour•Fee to landowner•Fee for MME claim

Control •MME – claim•MET – environmental contract•Landowner ‐ agreement•ERSMA ‐membership

1

2

3

4

5

Unintended environmental consequences•Loss of biodiversity•Impacts on sense of place•Impacts on private landowners’ livelihoods and quality of life•Impacts on conservancies•Etc.

6

Small scale miner

Illegal miner

SSM co‐

operative

Competition

Co‐operation

Figure 8: Forces and dynamics of small-scale mining in Erongo. Figure 8 is a schematic representation of the forces and dynamics of the small-scale mining sector in the Erongo region. “Box 1” represents the small miners of the Erongo region. They may be legal – possessing a mining claim from MME, an agreement with landowner and environmental contract with MET. They may be illegal, mining opportunistically in inaccessible areas, without the consent of landowners or MME. It is estimated that up to 80% of small-scale miners operate illegally (MME pers. comm.). The box has included small-mining co-operatives as not all small-scale miners are members of co-operatives, and according to a number of stakeholders leaders of co-operatives are not always small-scale miners, but benefit from donor interventions.

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The number of miners operating in the region is estimated at between 1600 and 4000. ERSMA has 800 registered members, and estimate that there are another 800 miners not registered. MME estimates that only 20% of small scale miners operate legally, implying a total to 4000. The NPC (RPRP) ToRs for this project estimates a total of 3000 miners. Excavations generally follow the pegmatite veins. The discovery if small crystals allows the miner to assess the potential quality of crystals and type of crystal likely to be found further down that vein. If promising, veins are excavated for depths of up to 30 m, with various side excavations made off these main excavations. It must be considered that often these excavations are in solid granite outcrops. “Box 2” represents control / regulation exerted on the small-scale miners in Erongo. Detail of this institutional structure is provided in section 4.3. “Box 3” represents the inputs for small-scale mining. Most small-scale miners have minimal access to capital to purchase large quantities of equipments and labour for their mining operations. They usually start out with rudimentary manual tools and a few helpers. At a cost of N$ 10 000 – 20 000 for a rock-drill, N$ 2 000 for a drill-bit and N$ 10 000 for a petrol generator very few small-scale miners can afford this basic equipment for a mining venture. Often, small-scale miners rely on a partnership with a business person in Windhoek or Swakopmund to provide equipment in exchange for a percentage of profits from the mining operation. Living expenses can be high, and are estimated at N$ 700 – 800 per person per month (Palfi pers. comm.). Miners operating on private land are required to pay a fee to landowners for access to their properties. This varies between N$ 500 and N$ 10 000. “Box 4” represents economic outputs of small-scale mining in Namibia. This is made up of: i) Income to small-scale miners from sale of product; ii) Income to the state through taxes; iii) Spending in the local economy from small-scale mining. i) Small-scale miners are usually well aware of the value of their products. If gemstones of high quality are discovered they usually have a hierarchy of individuals who are contacted to purchases the stones. The hierarchy is determined by the prices individuals are prepared to pay for crystal specimens. Foreign gem collectors are often in direct contact with small-scale miners and are notified of significant finds via sms. Local dealers or middle-men specialising in collector’s pieces are high in the hierarchy. If these buyers are not interested local collectors and jewellers are contacted. Lower quality gemstones are sold to tourists directly or at roadside stalls (Figure 9). Income varies greatly, and depends often on finds of crystal “pockets”. Mineral content of these pockets dictates income from the pocket. Income from single unique pockets which were “worked” for approximately a year have been known to produce between N$ 100 000 and N$ 1.5 Million. In a survey conducted as part of this analysis, income from small-scale mining varied between N$ 50 a month and N$ 35 000. Average income estimates per area are provided in section 4.2. Income from different small-scale mining areas is tracked by ERSMA. The table below shows income from different areas for 2009. The income below is an estimate, taken from reported figures as well as “hear say” of major finds and their value. Miners are generally

- 26 -

unwilling to divulge their income to any official body, as this implicates them as tax evaders (ERSMA pers. comm). Table 4: Income for ERSMA small scale mining areas for 2009 Small-scale mining area Estimated income for 2009 (N $) Erongo mountain complex 4 203 000 Neuschwaben 744 000 Spitzkoppe junction 24 000 Xoboxobos 70 000 Uis area 8 000 Usakos area 3000 An anonymous survey conducted as part of this study estimates income from small-scale mining operations at the following:

• Erongo mountains: Varies greatly from day to day and month to month – the figures in table 4 are probably accurate, but are attributed mostly to a few very large finds (over N$ 1.5 Million);

• Neuschwaben: Similar variation as for Erongo mountains as few valuable pockets

exist (as opposed to numerous low value deposits). Individual pockets have been found to produce an income of N$ 400 000 to N$ 700 000 shared among small groups of miners working that pocket, although it was estimated that miners were on average earning between N$ 50 and N$ 1 500 per month.

• Spitzkoppe junction: The Spitzkoppe junction gemstone traders either mine their own product, or buy it from other traders or miners. The average income from sales to mostly tourists is N$ 25 000 t0 N$ 35 000 per month at each stall.

• Xoboxobos: Average income to a miner is N$ 2 400 to N$ 3 600 per month from

sales to traders, collectors and tourists.

• Uis area: Average income is estimated at N$ 1 000 per month. Much of the tin / tantalite product is currently being stockpiled as it is difficult to market and prices are low.

• Otjua, Wilhelmstal, Otjimbingwe area: Average income to small-scale miners is

between N$ 500 and N$ 2 000. ii) The unstructured and informal basis on which most small mining takes place in Erongo makes tracking for income tax purposes virtually impossible. It is accurate to assume that no tax is paid by small-scale miners. iii) Most small-scale mining is locally based; therefore consumption expenses and equipment purchases happen locally. This gives small-scale mining a considerable advantage over large-scale mining, as the local economy benefits from most of the income. From the survey it was determined that income was used mostly for the following:

• Food (41% of respondents);

- 27 -

• Education for children (25 % of respondents); • Water – in remote areas water is purchased (8% of respondents); • Clothing (8% of respondents) • Reinvestment in mining equipment / labour (8% of respondents); • Other investment (4% of respondents); and • Housing (4% of respondents).

85% of respondents had active bank accounts. Only 4% stated that they saved money in investments, implying that most of their income was directly spent in the local economy. Gemstones are also used as trade items for commodities such as shoes, clothes and mining equipment from other miners or dealers. ERSMA recognises that there is no savings culture in the small-scale mining communities, which they are trying change through capacity building in this area. “Box 5” lists the markets which drive the demand for mineral and gemstone products from Erongo. Prices paid for minerals and gemstones vary extensively depending on their quality and rarity. As with diamonds the quality of individual stones determine prices as their “purity” translucency, growth forms and presence of inclusions. Mining damage to crystals or gemstones reduces their value significantly. Even small scratches or chips on crystals can reduce their value by up to 90%, or render them useless in the jewellery and collecting industries. Price and demand are interrelated. High demand gemstones as a result of their uniqueness and desirability for fashion (following global trends) fetch higher prices and are therefore pursued by miners. Currently, there is a high demand for crystal structures containing aqua-marine, therefore there is increased pressure on areas such as the Erongo complex where these are known to occur. There is no way of predicting which gemstones or crystals will be in demand next, although unique and high quality gems will always fetch high prices. Competing supply counties such as Brazil and Tanzania affect the availability of high quality gemstones and crystals which play a role in determining prices.

An online catalogue (www.irocks.com) for gemstone and crystal specimens currently (March 2010) on offer contains the following: Erongo Mountains: Ilmenite on smokey quartz (9 x 7 x 5 cm): US$ 8 500 Aquamarine (11 x 8 x 4 cm): US$ 7 500 Aquamarine on feldspar (8 x 7 x 6 cm): US$ 8 500 Xoboxobos (Brandberg) Quartz “blanket” on amethyst (6 x 3.5 x 3 cm): US$ 3 000 Smokey quartz sceptre on amethyst (8 x 5 x 2.5 cm): US$ 2 750 Buyers of the above specimens are likely to be high-end collectors looking to add to their “artistic collections” or trade at international shows.

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Areas have signature crystals and crystal formations which are unique, and the origin of gemstones (e.g Xoboxobos smokey amethyst-quartz sceptres or Erongo mountain aquamarine-tourmaline crystal structures) is easy to identify. This adds to the uniqueness and therefore the demand and price. For this reason it is important that Namibia’s “brand” in terms of gemstones and crystals is protected by ensuring a consistent supply of high quality product mined at low environmental and social cost, and maximum benefit to communities. There is a vast historic knowledge of potentially valuable mining areas, but specific productive sites are impossible to identify with any degree of certainty, even with modern geological methods. Miners are chasing the illusive “pocket” which provides a high volume of good quality crystals. Pockets such as these are legendary – the Barnabas find of 2008 and the Aqua 2000 pocket at the Erongo mountains.

Figure 9: A typical roadside stall on the tourist route between Uis and the Spitzkoppe Very little processing takes place2, crystals are usually cleaned and sold as raw products, although support from donor organisations has made available equipment and training to allow for greater value adding to products before they are sold. Lower quality crystals and gems are sometimes polished and set in simple jewellery and sold to tourists.

According the stakeholders a significant number of fake or artificially modified crystals are sold to tourists and collectors. Crystals are shaped, glued or painted and marketed as authentic. During the field investigation that formed part of this project, such crystals were observed being marketed at two different locations. Artificially modified crystals are illustrated in figures 33 to 55. In addition to this practice, theft of crystals among small-scale miners is relatively commonplace. Trade in specimens of meteorite, which is outlawed in Namibia, is fairly commonplace in Namibia.

2 Except for the tin and tantalite ore mining around Uis which undergoes extensive processing

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Gemstones and crystals of varying quality are sold at the market at Spitzkoppe junction (Figure 10). Relatives of miners often do the marketing and sales at the market and buyers are predominantly tourists although dealers, collectors and jewellers also frequent the markets. Tourists generally pay good prices at this market, as one stakeholder who returned from the Tucson 2010 show in the USA quoted lower prices generally for low quality specimens than were being paid by tourists at Spitzkoppe junction.

Figure 10: The Spitzkoppe junction market Collectors and dealers sell high quality gems and crystals to each other, and to jewellers. Annually two climax events, namely the Tucson show and German gemstone and mineral show take place where collections or quality gemstones are traded. Prices are set on individual specimens, and there is no guiding price per kg or per ct. Collectors have equated the pricing to pricing for artworks. Aesthetics, rarity, condition and size of crystals are all factors determining price. Prices have generally remained constant (Palfi, pers. comm.). There is very little regulation of trade in gemstones. The only regulatory step in the process involves the taxation of minerals leaving Namibia. All minerals are taxed at 2% of their value. High value crystals3 often get exported without their true value being declared, effectively side-stepping the taxation issue. As illustrated there is a high level of interconnectedness between producers and different levels of local and international traders and collectors. The only area where this is lacking is the Uis tin and tantalite mining area where there is currently a shortage of buyers for ore. Volumes are relatively low, therefore a co-ordinated joint sale of ore to international smelters should be considered.

3 High quality crystals can fetch well in excess of N$ 100 000 for a rare specimen

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4.2  Overview  of  current  and  emerging  small­scale  mining  areas  and activities  Table 5 below summarises the state of mining in the key small-scale mining areas of the Erongo region. Table 5: Small scale mining situation in Erongo Area Dominant

minerals mined

Density of mining

Number of miners (Estimate)4

Mining activity increasing or declining

Land control Degree of illegal mining

Erongo Mountain Complex

Tourmaline, aquamarine, fluorite, apatite

Low 400 Increasing Freehold farmers, Erongo Private Conservancy

High

Uis tin and tantalite mining

Tin, tantalite Low 600 Decreasing Tsiseb conservancy / Daures Traditional authority

Low

Xoboxobos / Tafelkop

Amethyst, Quartz, prehnite, tourmaline

Medium 100 Decreasing Tsiseb conservancy

Low

Neuschwaben Gem quality tourmaline

High 200 Decreasing Private stock farmer

Low

Otjua private mining

Quartz, amethyst, tourmaline

High 12 Constant Private stock farmer

Low

Wilhelmstal / Otjimbingwe

Amethyst, tourmaline

Low 140 Constant Private stock farmers

Medium

Spitzkoppe and Klein Spitzkoppe

Aquamarine, tourmaline, amethyst, topaz

Low 300 Decreasing !Gaingu conservancy

Medium

4.2.1 Erongo Mountains tourmaline and aquamarine mining  As described in section 3.3 (Geology) the Erongo Complex is the largest of the Cretaceous anorogenic complexes in northwest Namibia. The granites contain a number of economically sought after accessory minerals such as tourmaline, aqua-marine, beryl, fluorite and apatite. As is evident from section 3.6 (Land-use) most of the Erongo Complex is farming and private conservation land. One exception to this is a small portion on the western side which is part of the Tubussis, and Kudubis traditional commune. There are a few registered claims in the Erongo Complex area both on communal and freehold land, whilst there are also a large number of illegal miners in the area. The extent of illegal mining has led to much conflict between landowners and miners, as well as between miners (see article below). 4 Determined from stakeholder estimates as MME claim numbers do not give a good indication but merely indicates the owners of a claim and not persons working for them.

- 31 -

Figure 11 illustrates the typical mining method employed in the Erongo Complex. Crystallised miarolitic “veins” are identified on the exposed surface of the granites. The vein is then excavated using axes, chisels and a variety of electrically driven drills and “jack-hammers” (Figure 12). The depth to which the vein is pursued depends on its extent, and on the quality and volume of crystals found. Often excavations are mined intensively, and then abandoned to pursue more promising veins, after which they may be returned to and reworked.

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Figure 11: Typical mining excavation in the Erongo Mountain Complex (filled with water from recent rain)

Figure 12: Tools used in excavations at the Erongo Mountain Complex (power is supplied via petrol generators) Mining in the Erongo Complex for the most part does not deliver consistently high volumes of crystals, but occasionally it produces high concentrations of exceptionally good quality crystals in “pockets”. The most sought after of these being crystal structures containing

- 33 -

aqua-marine (Figure 13). Erongo aqua-marine crystals are well known for their quality, while lower value black tourmaline is sold locally to collectors and tourists. Excavations are at relatively low densities mostly high in the mountains where miners have temporary camps which they establish close to their active diggings (see figure 14 -17).

Figure 13: Typical crystal structure containing black tourmaline and aquamarine

Figure 14: Typical miners’ camp in the Erongo Mountain Complex (Illegal miners on Omantumba farm)

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Figure 15: Typical excavation in the Erongo Mountain Complex

Figure 16: An excavation site in the foreground with a rudimentary shelter built of locally collected materials. To the bottom left are small black tourmaline crystals from the digging, and in the background is another excavation.

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Figure 17: Erongo mountain crystals at a dealer in Omaruru (The box being held was purchased from a small-scale miner for N$ 10 000) Mining in the Erongo mountains is particularly lucrative. Income from active aquamarine pockets are known to provide a miner with an income in excess of N$ 1.5 Million per anum. These pockets are impossible to locate with any certainty and rare finds. For most parts miners and finding very few crystals, not enough to cover a living cost of around N$ 700 – 800 (Palfi pers. comm.), but continue in the hope of finding the “big pocket”. Low quality tourmaline, feldspar and other minerals are often discarded, as the sale of these is considered counter-productive to the cause of finding the “big pocket” of aquamarine or demantoid. Average income from this area for miners is therefore very difficult to determine, and most (as yet unlucky) miners supplement their mining with farming activities or business interests elsewhere. 4.2.2 Uis tin and tantalite mining  The pegmatites surrounding Uis carry viable concentrations of tin and tantalite. Imkor Tin (Pty) Ltd operated the Uis tin mine from 1958 to 1991 as a subsidiary of the South Africa Iscor company. At its peak it was able to process 140 tonnes of material per hour from an extensive open-cast operation. It closed down in 1991 during a slump in the tin price, and minimal reclamation and rehabilitation left a series of excavated pits and waste-rock and overburden heaps at a large scale (figure 18).

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Figure 18: Imkor Tin abandoned open pit (One the largest tin mine in the world) Employees of the mine were left stranded without a livelihood and a number of them5 used their mining skills to mine tin and tantalite informally, within the abandoned mine area as well as in the surrounding areas where the white pegmatites are exposed on the surface (figure 19). Mineralised tin and tantalite globules are visible on the surface of the pegmatites, and these are removed by hand chiselling. Miners follow the high concentration “ores” and tunnel up to 18m deep in places.

5 Stakeholder interviews estimated that there were in the region of 200 small scale miners operational in this area.

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Figure 19: A surface pegmatite outcrop mined by small-scale miners Donor funded poverty reduction programmes identified this informal mining as an opportunity which could be improved, resulting in the establishment of the Uis small mining co-operative. SIDA supported the co-operative by establishing a processing plant and capacitating co-operative members to operate the plant (see figure 20). The plant has not yet operated as it has experienced mechanical problems. However the co-operative are buying tin and tantalite from the miners in the area, and are establishing a market to which this can be sold.

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Figure 20: Tin ore processing plant at Uis Discussions with tin miners and the traditional authority in Uis revealed that people are stockpiling tin and tantalite which they have mined as they have no established market for it. Prices they receive from the co-operative are inadequate.

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Figure 21: A small-scale miner (left) having the purity of his tin ore determined by co-operative members before negotiating a price. (In this particular case the miner was offered approximately N$ 120 for ore which took him two weeks to mine. It was suspected that the ore was in fact tantalite, in which case the price would have been 10x as much, but as the co-operative could not distinguish between tin and tantalite ore they purchase all ore as tin). Co-operative members interviewed estimated income to miners at approximately N$ 1 000 per month. This income is used to supplement pensions or earnings from agricultural and business ventures. It is inadequate to provide a sustainable living to miners at the moment.  4.2.3 Xoboxobos / Tafelkop geode and crystal mining  The lava flows of the Etendeka group give rise to “pockets” of amethyst, smokey quartz, prehnite, tourmaline and other crystals. These are the particular focus of the small-scale miners in the Xoboxobos area to the west of Brandberg. The area is contained within the Tsiseb conservancy, and fair concentrations of wildlife and welwitschia (Welwitschia mirabilis). The Brandberg Massif and Ugab River attract fairly large numbers of tourists. One of the small-scale miners is excavating on a large scale, and has a semi-permanent homestead as he has been living at the site for the last 16 years. This operation mainly focuses on geodes (figure 22) which are sold to local dealers and foreign collectors. The miner has approached the Tsiseb conservancy with a proposal to create a tourist attraction of his operation.

Figure 22: Quartz crystals within geodes at a Xoboxobos excavation site The remainder of the small-scale miners in the area have located a village at Xoboxobos and have established a co-operative. At the time of field inspection (January 2010) there were an estimated 12 miners at the village (figure 23), but numbers are known to have been over 50 in the past. Many of the miners had returned to their traditional homes in Kavango, Ohangwena, Oshana and Caprivi for the Christmas season and had not yet returned.

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Figure 23: Small-scale mining village at Xoboxobos Xoboxobos miners earn on average N$ 2 400 – N$ 3 200 per month from mining operations. Living costs at this site are high, as it is isolated and water is unavailable. Water and amenities are either transported from Uis (60 km) or water is bought from a local borehole “operator”. 4.2.4 Neuschwaben tourmaline mining  Neuschwaben is a farm approximately 20 km south of Karibib. It is well known for producing dark-blue tourmaline which is sought after for use in jewellery in Namibia and globally. It has a history of mining with Indigo Sky Mining (Pty) Ltd having bought the farm and mined if from 1996 when they evicted over 1000 small-scale miners (www.nhsr.org). The informal miners at Neuschwaben currently number around 200. A total community of 350 individuals live in informal housing on the road reserve (see figure 23), the exact site to which they were evicted 14 years ago. As with typical informal settlements they have no access to services such as sewerage and waste removal.

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Figure 23: Aerial view of Neuschwaben settlement on the D1953 road reserve (NamWater reservoir top right – where miners obtain water illegally) Mining takes place in an area which has been mined extensively by large-scale mechanical means by Indigo Sky Gems ((Pty) Ltd. The Neuschwaben small miners formed the first co-operative in Namibia. The co-operative chairman was asked about information regarding good recent production of tourmaline at the mine, but was adamant that production was poor and that it was becoming more difficult to make a living out of mining at Neuschwaben. An internet investigation revealed Watts, Griffis and McOuat consulting geologists conducted a resource mining viability on behalf of Indigo Sky Gems in 1997. The company could be approached by ERSMA for the results. Mining methods used at Neuschwaben are illustrated in figures 24 and 25.

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Small-scale mining at Neuschwaben employs deep excavations in mostly loose soil and overburden. The depth of diggings in combination with soft overburden makes collapses and fall of ground a particular hazard.

Figure 24: Deep excavations (15m+) under overhangs at Neuschwaben

Figure 25: Surface disturbance at Neuschwaben small-scale mining diggings

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The income situation for Neuschwaben miners is similar to the Erongo mountains. Income depends on the discovery of gem quality blue tourmaline crystals which occur in pockets. Regular income is estimated at N$ 50 to N$ 1 500 per month, from medium to low quality stones. In recent times it has been very low (survey and pers. comm.). A few good “pockets” are occasionally found with income of between N$ 400 000 and N$ 700 000 to individuals or groups of individuals happen. These are reported to be less frequent. 4.2.5 Otjua, Wilhelmstal, Otjimbingwe geode and crystal mining  Small scale mining in these areas is scattered and of low density. The Otjua mining operation is operated by the owner of the farm (Zebra mining), who purchased the farm for the sole purpose of gaining better control of the mining resources. This particular mining operation straddles the blurred boundary between small and medium-scale mining as it is highly mechanised (see figure 26) High quality quartz and tourmaline crystals, as well as high volumes of amethyst are mined in these areas. Dominant land-use in the area is stock and game farming, therefore mining is conducted through claims with agreements with landowners.

Figure 26: Otjua mining Illegal mining is at low levels, and not many cases of conflict with landowners were reported by stakeholders interviewed. This differs from the situation at the Erongo complex as the topography is flat and much more accessible than the Erongo area, with boundary roads and fences well maintained and patrolled by landowners to repel any possible attempts of illegal mining. Income from diggings to individual small-scale miners in this area varies from N$ 500 to N$ 2 000. This does not include the Otjua operations which sustains salaries for twelve miners

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and officials and provides profit to the owner. This operation is however highly mechanised and not small-scale in the understood sense. 4.3 Local safeguards and regulatory frameworks  4.3.1 Small scale mining in perspective  There is no accepted legal definition of small-scale mining (SSM), but small scale mines are generally part of the informal sector, typically employ only few people, mostly use manual equipment, and have limited technical and financial resources. 6 The Ministry of Mines and Energy (MME) estimates that about eighty percent of small scale mining is done illegally.7 While it is recognised that SSM creates opportunities for employment and encourages entrepreneurship, the lack of monitoring SSM activities can lead to labour malpractice, unsafe mining practices8 and environmental degradation. Generally Small-scale mining in Namibia is represented by two organisations namely: the Association of Prospectors and Miners of Namibia and the Small Miners Association of Namibia. The MME established the Namibia Small Miners Assistance Centre (NSMAC) in January 1997 to provide geo-technical support to SSM. The Minerals Development Fund 9(MDF), which was established from the system of support to the mining sector (SYSMIN) funding, offers financial support to these miners.10 The Erongo Region Small Miners Association (ERSMA), a body that protects and advances the interests of small-scale miners in that region, was established in August 200811, with the support of, inter alia, the MME.12 It provides a vehicle to overcome the inherent weaknesses in the small-scale mining sector. These include a lack of finance, structured marketing systems and marketing information. These problems are aggravated by the theft of minerals and transfer pricing, which results in a loss of revenue to Namibia and undermines the sustainability of the sector. 4.3.2 Policies, laws and Institutions directly involved in permitting Small Scale Mining  The Minerals (Prospecting and Mining) Act 33 of 1992 is the main legal mechanism controlling the allocation of mineral rights in Namibia. This act provides for, inter alia, the issuing of Non-exclusive Prospecting Licences, Mining Claims and Mineral Licences13. The 6 Mr Linus Mulele, Deputy Director of Mines, interview 5 February 2010. 7 Pg 14. Draft Minerals Policy, Ministry of Mines and Energy, available at wwe.mme.gov.na/publications.htm Accessed 08 February 2010. 8 Supra at pg 15. 9 See Minerals Development Fund Act 19 of 1996. 10 Ibid 11 According to the Rössing Foundation, at present ERSMA has 11 co-operatives representing 1600 small scale operations. This concept has been replicated in other regions, such as Kunene’s Regional Small Scale Miners’ Association. It mobilizes small scale miners in co-operatives to take part in existing support programmes. 12 New Era Newspaper, 20 August 2008. 13 The types of licences available are : Non Exclusive Prospecting Licenses (NEPL) - Valid for 12 months, these licenses permit prospecting non-exclusively in any open ground not restricted by other mineral rights. Prospectors must furnish the Mining Commissioner on details on all samples removed from the NEPL area.

· Reconnaissance Licenses (RL) - These licenses allow regional remote sensing techniques, and are valid for 6 months (renewable under special circumstances) and can be made exclusive in some instances. A geological evaluation and work plan needs to be submitted to the Mining Commissioner.

· Exclusive Prospecting License (EPL) - Individual EPL’s can cover areas not exceeding 1000 km2 and are valid for three years, with two renewals of two years each. Two or more EPL’s can be issued for more than one mineral in the same area. A geological evaluation and work plan (including estimated expenditure commitments) are a pre requisite prior to issuing of the licenses.

· Mineral Deposit Retention Licenses (MDRL) - These allow successful prospectors to retain rights to mineral deposits which are uneconomical to exploit immediately. MDRL’s are valid up to five years and can be renewed subject to limited work and expenditure obligations.

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Act distinguishes between large scale mining and small scale mining in that the procedure for registering and pegging claims is fairly simple, claims are reserved for Namibian citizens only14 and are limited in size and quantity per person. In order to undertake mineral prospecting and mining operations,15 SSMs must adhere to an environmental contract16, issued by MET in consultation with MME. The legal procedures, obligations, rights and requirements for a small scale miner to acquire a claim are set out in Section 16 to 45 of the Act. The initial step is to apply for a non-exclusive prospecting licence, which allows the holder an opportunity to prospect on any land17 for any group of minerals18. Prospecting under this licence allows the holder to actually remove and sell minerals subject to some restrictions. Sub Section16(2)(a) requires the licence holder to first obtain an endorsement of consent on the prospecting licence or enter into an agreement with the landowner before he or she may prospect on it19. In this regard, the Ministry of Mines and Energy have made available a “draft/example” agreement for these purposes. The main headings of this agreement include aspects such as duration, access, personnel, water supply, prospecting activities and compensation20. A non-exclusive prospecting licence is valid for a period of 12 months21 and is non renewable22. Usually during the tenure of the licence validity, the holder would take his or her mineral samples and have these analysed23. Once satisfied that there is a feasible or workable mineral deposit the holder of the non-exclusive prospecting licence would make an application in accordance with the provisions regarding staking of claims24. The claim is usually allocated for a group of minerals rather than a specific mineral and a qualified person may peg up to 10 claims in total, although the Minister has discretion to allocate more on application25. The size of each individual a claim is limited to 300m² by 600m² or 18 hectares.26 The claim holder’s rights are set out in Section 31 of the Act. These rights are variable and largely determined by the type of mineral being mined. The miner may not build accessory works on a claim without the express, written permission of the Commissioner. The Commissioner will not grant such permission in the absence of an agreement27 referred to above between the claim holder and the landowner or if the licence holder has been conferred a special right envisaged in Section 110(4) of the Act. Once the qualified person has pegged

· Mining Licenses - Can be awarded to Namibian citizens and companies registered in Namibia. They are valid for the life of mine or an initial 25 years, renewable up to 15 years at a time. Applicants must have the financial and technical resources to mine effectively and safely. 14 See Section 25. Juristic persons with sole Namibian shareholders or members are considered to be akin to a Nambian citizen. 15 It is not likely that any claim application will be granted in the absence of membership of a SSM organisation according to MR D.P.S. Isaaks, Chief Control Officer Mineral Rights, MME. In any event Section 18(3) allows the application to be granted, subject to terms and conditions determined by the Commissioner. These may well include an affiliation to an organised SSM entity. 16 The contract is based on information contained in an environmental questionnaire that is completed by the SSM, and standard clauses determined by MET and MME. 17 Thus the holder may prospect anywhere in the country including privately owned farms, with the exclusions of closed areas such as game reserves and certain areas subject to existing mineral rights and the other exceptions listed under Section 52. 18 Section 16 (1)(a) But Schedule 1 Group 5 minerals are excluded 19 In the event that a dispute arises or there is a refusal of the owner to engage in such a contract the Minerals Ancillary Rights Commission, constituted in terms of Section 108 of the Act, can arbitrate or make a decision regarding the dispute or a right or determination of just compensation in terms of its powers conferred by sections 109 and 110 of the Act. 20 Doc sec52agr, courtesy of Mr Danzen P.S. Isaaks, supra 21 Section 22 22 Section 23 23 Mr Mulele in describing the typical applicant. Sometimes the MME assists in doing an analysis of samples. 24 Section 25 – Section 30 25 Section 26(3) 26 Section 28 27 See fn 16

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a claim an application for registration must be brought within 21 days of such pegging28. The claim may not be worked pending the determination of the application.29 Another requirement is that the applicant has to state the condition of, and any existing damage to, the environment in the area to which the application relates; and an estimate of the effect which the proposed prospecting operations and mining operations may have on the environment and the proposed steps to be taken in order to minimize or prevent negative impacts30. The above information is provided when the small scale miner completes the form entitled “Environmental Questionnaire for Mining Claims in Namibia”, which is attached to the claim application form. After the claim application and Environmental Questionnaire have been accepted, a pro-forma environmental contract between the claim holder, MET and MME is drawn up, stating the requirements for rehabilitation and compensation in the event of environmental damage. The Mining Commissioner can refuse a claim application if s/he is not satisfied that proper measures will be taken to prevent and/or mitigate environmental damage.31 The duration of the claim grant is three years and is renewable thereafter for two year periods, subject to certain terms and conditions, one being that the claims have to be worked. While Section 36 of the Act requires the Commissioner to inform the landowner 32of land where claims are situated, owners are often unaware of claims registered over their property!33 If a claim is abandoned, the small scale miner must immediately notify the commissioner and then within thirty days remove all beacons, accessory works and materials and make good all environmental damage and clean up generally to the satisfaction of the Minister. Similarly if a claim is abandoned, cancelled or expired, the claim holder has to demolish all structures and rehabilitate, failing which it can be done at his or her expense.34 A failure to comply with these requirements carries a criminal penalty and the claim holder remains liable for any costs incurred in rehabilitation35. It is also noted that MME will ‘blacklist’ people who do not comply with the terms and conditions of their licences, agreements and statutory obligations. A person will initially be given a reference number which will remain with him or her throughout their lifetime in any dealings with the MME. Once there is a failure to abide to any necessary requirements the file is endorsed to that effect and no future application will be considered until such a time that all outstanding obligations are resolved.36 In theory, this procedure not only encourages people to fulfil their obligations, but also removes the uncompliant from the system. The Communal Land Reform Act 5 of 2002 provides for the allocation of rights in respect of communal land and grants powers to Chiefs, Traditional Authorities and Land Boards in relation to communal land. Whilst there are no provisions in any customary law for the

28 Section 33 29 See Section 29 generally. 30 Section 33(2)(vi)(aa) and(bb) 31 Section 35(e)(iii) 32 “Owner” is defined in relation to private land (freehold) with exception to a “lessee on land owned by the state”. This is problematic in the sense that most communal land merely vests in the state and state “owned” land does not necessarily include communal land. The issue is discussed in relation to the Communal Land Reform Act discussed below. 33 Mr Isaaks. 34 Section 128 35 See Section 43 generally. 36 Mr DPS Isaak

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allocation of mining rights, any applicant that seeks to carry out prospecting or mining operations on communal land must notify the Chief or Traditional Authority and the Land Board beforehand of their intention to apply. The Chief or Traditional Authority and the Land Board must make a recommendation which is attached to the application. Also, Traditional Authorities (through the Traditional Authorities Act 25 of 2000) must ensure that natural resources are used on a sustainable basis and in a manner that conserves the environment and maintains ecosystems37. The Act specifically requires that Traditional Authorities be fully involved in the planning of land use and development for their areas. 4.3.3 Policies, laws and Institutions directly involved in environmental protection in the context of Small Scale Mining in Erongo  The principles of Environmental law and policy in Namibia have largely been derived from principles elucidated in the various international conventions and treaties, protocols, best practice and standards of financial and development institutions such as the World Bank and the International Monetary Fund, among others. In light of the constitutional provisions, all existing environmental law and policy should be interpreted in line with the underlying objective of sustainable development. This includes statutory legislation that has existed prior to independence and common law. It is important to remember that even these older laws are tested against constitutional principles for their validity. On behalf of the State as the Constitutional Guardian of the Environment, the Ministry of Environment and Tourism is designated as the custodian of environmental affairs. The Environmental Management Act 7 of 200738 gives effect to articles 91(c) and 95(l) of the Namibian Constitution. Part 1 of the Act describes the various rights and obligations that pertain to citizens and the Government alike. Part 2 of the Act sets out 13 principles of environmental management, as follows: • Renewable resources shall be utilised on a sustainable basis for the benefit of current and future generations of Namibians. • Community involvement in natural resource management and sharing in the benefits arising

therefrom shall be promoted and facilitated. • Public participation in decision-making affecting the environment shall be promoted. • Fair and equitable access to natural resources shall be promoted. • Equitable access to sufficient water of acceptable quality and adequate sanitation shall be promoted

and the water needs of ecological systems shall be fulfilled to ensure the sustainability of such systems.

• The precautionary principle and the principle of preventative action shall be applied. • There shall be prior environmental assessment of projects and proposals which may

significantly affect the environment or use of natural resources. • Sustainable development shall be promoted in land-use planning. • Namibia’s movable and immovable cultural and natural heritage, including its biodiversity, shall be

37 Section 3(2)(c) 38 Although this Act is implemented it is not yet being enforced, pending the finalisation of the draft regulations concerning environmental impact assessment and strategic environmental assessments. These regulations have been in draft form in excess of three years.

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protected and respected for the benefit of current and future generations. • Generators of waste and polluting substances shall adopt the best practicable environmental

option to reduce such generation at source. • The polluter pays principle shall be applied. • Reduction, reuse and recycling of waste shall be promoted. • There shall be no importation of waste into Namibia. A Sustainable Development Commission will be established to oversee compliance with these principles. Its composition will be widespread, with representatives from various governmental and non-governmental institutions. Projects that may have a significant impact on the environment will be subject to a screening process by the Environmental Commissioner and subsequent clearance or environmental assessment. State of the Environment Reports (SoERs) for each sector are important tools to determine the status quo of the environment for each region and make policy recommendations for improvement. These must be used in the compilation of regional land use plans. The Soil Conservation Act No 76 of 1969 and the Soil Conservation Amendment Act No 38 of 1971 make provision for the prevention and control of soil erosion and the protection, improvement and conservation of soil, vegetation and water supply sources and resources. Although the jurisdiction of the original Act was limited to commercial land, the Communal Land Reform Act of 2002 specifically mentions it and requires compliance in terms of conservation and prevention of soil erosion 39. The Soil Conservation Amendment Act No 38 of 1971 applies the Soil Conservation Act to Namibia and deals mainly with soil conservation, soil stabilization and fire protection. In terms of section 3 of the Act, the Minister of Agriculture, Water and Forestry may either by written notice in the Gazette or by written notice to the owner or occupier of land issue directions in respect of, inter alia: (a) the drainage of vleis, marshes, natural water sponges and water courses; (b) the protection and stabilising of barrier dunes on the coast, of other dunes where drift

sand occurs or may occur and of the vegetation occurring thereon; (c) the prevention of erosion, the denudation, disturbance or drainage of land; and (d) any other disturbance of the soil which creates or may create conditions which cause

or may cause any form of erosion or pollution of water by silt or drift sand. The Nature Conservation Ordinance 4 of 1975 covers the hunting and protection of wild animals (including game birds), problem animals, fish, and the protection of indigenous plants, while the Water Act 54 of 1956 provides for the control, conservation and use of water for domestic, agricultural, urban and industrial purposes and for the control of certain activities on or in water in certain areas. Public water is defined in section 1 of the Act as “any water flowing or found in or derived from the bed of a public stream, whether visible or not.” Public stream is defined in section 1 as “a natural stream of water which flows in a known and defined channel, whether or not such channel is dry during any period of the year and whether or not its conformation has been changed by artificial means,” 39 Section 31 of the CLRA

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In terms of section 23 (1) it is an offence to commit any act which could pollute any public or private water, including underground water, or sea water in such a way as to render it less fit for the purposes for which it is or could be ordinarily used by other persons, for the propagation of fish or other aquatic life or for recreational or other legitimate purposes. Accordingly care must be taken by the miner to prevent pollution entering water courses and groundwater. National Heritage Act 27 of 2004 This Act stipulates that all objects of heritage significance belong to the State and provides for the protection and conservation of places and objects of heritage significance40. The miner should ensure that if any archaeological or palaeontological object as described in this Act are found in the course of its mining, that such find be reported to the Ministry immediately. It is worthwhile to note that the act includes aesthetics as a determinant of cultural heritage and the Minister may declare any landscape or area of cultural significance to be a heritage site. 4.3.4 Conclusion  Namibia has the necessary institutional frameworks for the promotion of small scale mining activities. However, the legislation dealing with environmental issues remains fragmented and sector based, despite the emergence of the Environmental Management Act, which has not yet been properly implemented. Other legislation that can have an impact on the small scale mining sector includes the proposed Parks and Wildlife Management Bill and the unimplemented Water Resources Management Act of 2004 – both of which need to be implemented as a matter of urgency. Furthermore, land use planning is characterised by conflicting policies between various ministries and devolution of authority is easily overridden by centrally placed government agencies. Thus, traditional authorities are given token powers regarding allocation of land and actual land use planning in communal areas. The ultimate decision making lies in the Ministry at a central level. It is also clear that established guidelines have been set in order to organise and promote the small scale mining sector, and it appears that the process is working to the extent that small scale miners are being drawn into the formal economy via co-operations and organised associations. This in turns bodes well for co-ordinated approach to management and capacity building of this important economic sector. There is however, much room for improvement in this regard. Also, there appears to be inadequate capacity within the Ministries to properly engage with this sector insofar as training and technical assistance is required and it remains marginalised and isolated from markets to some extent. In spite of the existing safeguards noted earlier, there remain environmental concerns because of the following factors: the large number of miners involved in this sector, the fragile environments within which mining activities usually occur, inadequate capacity of GRN agencies to properly screen applications, monitor

implementation and penalise non-compliance, the weak incentives and disincentives for compliance with permit conditions and best

practice guidelines, inadequate communication between MME, landowners and claim holders, financial, logistical and equipment constraints that hamper effective impact rehabilitation,

40 preamble

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the high percentage of illegal operators and the fact that they can remain illegal indefinitely, and

the pervading situation of informality – which prevents substantial reform of the sector.

However, care should be taken to balance the requirements of law and administrative concerns with the needs of the small scale mining fraternity and their socio-economic role. Perhaps too many formalistic law requirements and applications and agreements will deter the “would be” prospector and miner from entering the formal economy and properly engaging on a sustainable basis. Indeed, only until the formal small scale mining sector can reap the benefits of its organisational structure and influence, will the majority of small scale miners be compelled to join. Small scale mining organisations need environmental, technical and economic support in order to promote a self policing industry that will root out informal and illegal operators.

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4.5 Key stakeholders  Stakeholders were consulted widely, and below is a summary of their concerns and opinions relating to the environmental and social impacts of small-scale mining in Erongo. Table 6: Stakeholder issues recorded per stakeholder group Stakeholder category Economic issues Social Issues Biophysical issues Small-scale miners Xoboxobos / Tafelkop Most miners do not have capital

to purchase mechanized equipment and often share rudimentary digging equipment. Homes are temporary in nature and built from low cost materials41. Income from Xoboxobos operations is sporadic, with occasional good finds. Low levels of sustained income are experienced by some of the miners through sales to tourists.

Miners live great distances from amenities. Water is sponsored by Okaruso mine, and trucked in occasionally, but there are no ablutions or waste collection service for a community of up to 45 individuals. Most miners are not permanently resident at the site, and travel from their homes in different parts of the country (Caprivi, Kavango, Oshana, Kunene) to secure income from mining for their families.

They recognize waste generation as an impact of concern. Rehabilitation is perceived to be impossible as miners excavate continuously and use excavation sites at random and for varied lengths of time. Sites are never completely exhausted and are returned to if abandoned for a length of time. Their operations fall within the Tsiseb conservancy. They have no formal interaction with the conservancy committee (see comments in section 4.3).

Neuschwaben, Wilhelmstal, Otjua, Karibib area

Concern was expressed by a number of the miners that their finds were becoming fewer, and of worse quality.

Most of the miners complained of poor living conditions, with no access to clean water or services. Houses are temporary structures,

Extensive disturbance of the surface and clearing of vegetation takes place in an area not larger than 35 hectares (determined from aerial photography) where very high density small-scale

41 An exception to this is the Greeff family. They have invested extensively in semi-permanent housing and earthmoving equipment by re-investing income from their mining operations. Their entire livelihood is dependent on their mining activities and has been for 16 years. 42 Personal observations and personal communication with the Chamber of Mines

52

Stakeholder category Economic issues Social Issues Biophysical issues Income was very sporadic with only good quality tourmaline gems being bought. This is supported by the fact that the community has reduced in size from 800 to the current estimate of 200. Living conditions of the miners as well as personal statements point to the tourmaline resource not being adequate for the community living there.

often constructed of what appears to be water reservoir rubber lining. Living on the road reserve is a safety hazard. Although many of the miners are migrant, with homes in other parts of the country, there are many families present. Parents often do not send children to school as transport to Karibib is not often available. There has been conflict between the miners and landowners, and theft of fencing has occurred. Working conditions at Neuschwaben are unsafe42, with deep excavations (15 m +) being worked under overhanging “highwalls”. Fall of ground under wet conditions particularly seem likely.

mining takes place. The existence of this within a farming area outside of any area of high biodiversity area makes it of low significance. Miners try to keep the area free of litter, and put waste into disused pits. Miners did not recognize their responsibility to rehabilitate the area, and stated that they found the area already disturbed, and did not want to risk closing excavations which may be profitable in future.

Uis area Most small-scale miners are not currently mining and depend on other livelihood strategies (farming, pensions) to survive. There is no reliable market for their tin and tantalite ore, and prices offered by the Uis co-operative are not competitive.

None raised Small-scale miners are mostly mining in areas where large-scale mining preceded them. They do not feel it is their responsibility to rehabilitate these areas, and they do not have the resources.

53

Stakeholder category Economic issues Social Issues Biophysical issues Many small-scale miners have alternative sources of income (pensions, small-stock farming) and only mine tin and tantalite to supplement their income. They are currently stockpiling their ore until they can be linked to markets which pay competitive prices.

Erongo mountains (including Dubusis, Tubussis, Kudubis)

Sporadic finds of valuable pockets of minerals (largely tourmaline-aquamarine crystal conglomerates) have resulted in isolated successes where miners have made in excess of N$ 1.5 Million43 from one pocket. These miners often misspend their earnings on social ills, although re-investment into better mining equipment and the acquisition of labourers for some has resulted in larger profits. There are however many small-scale miners finding low quality crystals which are sold locally or

Relationships between landowners and miners are stressed, as miners perceive landowners to have unreasonable demands in terms of access to property, use of wood resources and payments. High levels of illegal mining occurs, causing more conflict with landowners. Cases of harassment of tourists by illegal miners and theft of property have been reported.

Miners are generally considerate of the environment as they recognize its beauty and tourism value. Some miners admitted to catching wildlife for food, but caught mostly rock hyrax and a few birds.

43 Personal communications with small miners and dealers

54

Stakeholder category Economic issues Social Issues Biophysical issues to tourists, and result in an income not exceeding N$ 400044 per month. Legal miners are required to pay high “occupation fees” to landowners, and this combined with transportation costs of equipment to mining sites makes the small-scale miner reliant on a few good quality finds to ensure financial sustainability. Most miners in these areas are risking high input costs in the hope of finding the next valuable pocket.

ERSMA small-scale miners There is conflict with private landowners who do anything within their powers to prevent small-scale miners from accessing their land legitimately (charging unreasonable access fees, unrealistic access procedures). This is driving the high volume of illegal mining. The MME must be more prescriptive concerning agreements between landowners and small-scale miners.

Small-scale mining does change the surface of the earth but the impact is small compared to other mining in Namibia (e.g. Uranium). Their operations may impact on animals that can fall into excavations. Often their excavations are in areas where the earth was opened by large-scale mining, therefore the impacts are largely not due to small-scale mining operations. Large mining companies should assist with rehabilitation, as

44 Personal communications with small miners and dealers

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Stakeholder category Economic issues Social Issues Biophysical issues they contribute to the problem. Rehabilitation of excavations does not bring in any income in an already marginal industry, which makes it impossible for small-scale miners to do and still make a reasonable living. Small-scale miners fill in an environmental questionnaire and have an environmental contract with MET which stipulates how they deal with impacts on the environment. Authorities allow large-scale mining in national parks (e.g. Langer Heinrich) but small-scale mining with a far smaller impact is not, this is seen as unfair.

Traders Medium to low quality gems and crystals are sold by traders at open markets such as Spitzkoppe junction and Uis.

Traders are relatives of small-scale miners. Since they are often women, this improves the gender ratio of the industry as the extraction of gems is dominated by men.

Donors supporting the small-scale mining industry

Donors are concerned with the financial sustainability of small-scale mining operations that they support. They further wish to see ERSMA and small-scale

Health and safety of small-scale miners is of concern to donors. They have observed unsafe working practices and have assisted to remedy these on a continuous

Donors are generally of the opinion that the small-scale mining operations have minor impacts on biodiversity, as their effect on the environment is relatively small.

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Stakeholder category Economic issues Social Issues Biophysical issues mining co-operatives functioning sustainably without donor support. Donors are assisting the small-scale mining community in more effective and mechanised means of mining, through establishing a tool and equipment hire operation. Support organisations are enabling small-scale miners to beneficiate their product through training and provision of facilities in the cutting and polishing industry. This value adding activity is expected to add to the potential for small-scale mining operations to become more financially sustainable. Some donors believe that their and other donor money has not had as positive effect on small-scale mining in Erongo as was expected. Manipulation of the “system” by some miners has resulted in projects not bearing fruit.

basis since support began. The support and encouragement of co-operative formation is of great priority to many of the donor and support organisations. This helps to formalise the sector, and is an incentive for illegal miners to convert their operations into legitimate claims. A safety risk exists at Neuschwaben, this area needs to be rehabilitated as soon as possible.

Some donors believe that implementing environmental impact mitigation measures will not be possible for small-scale miners, as they do not have the resources or will to rehabilitate areas they have disturbed, and that procedures / EMPs put in place for this will be too complicated for small-scale miners to follow. As more support is given, more people will turn to small-scale mining making impacts potentially larger. It is crucial for the MET to take responsibility for monitoring activities for environmental impacts (though a more decentralised structure).

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Stakeholder category Economic issues Social Issues Biophysical issues Jewellery retailers Jewellery retailers in Windhoek

and Swakopmund mostly buy crystals and gemstones directly from small-scale miners. Miners generally arrive at jewellers to negotiate prices for gemstones. Some miners present ERSMA cards to jewellers proving their membership which assists them in closing deals with jewellers as legitimate miners. A very common problem encountered is the offer of artificial or augmented crystals and gemstones as legitimate products to jewellers. Tourists often purchase these products from small-scale miners and take them to jewellers for valuation. This activity is damaging the Namibian gemstone “brand” and affecting demand which has economic implications.

Jewellers are largely unaware and apathetic of environmental impacts associated with small-scale mining. Their clientele do not question the environmental footprint of gemstones that are purchased.

Government Authorities It is important for the MME to support small-scale mining as it is seen as a sustainable livelihood option.

Authorities are concerned about the safety of small-scale miners and require reporting of small-scale mining incidents and accidents.

The registration of mining claims includes a number of environmental safeguards (see chapter 4.3) to limit the effect of small-scale mining on the

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Stakeholder category Economic issues Social Issues Biophysical issues Under the Minerals Act, all minerals leaving Namibia are taxed at 10% of value. This is often being circumvented by collectors and traders.

Technical support regarding safe working practices is provided

environment. This includes a clause on rehabilitation. In addition an environmental contract with MET is required.

Traditional authorities Small-scale mining is a livelihood option that is supported by traditional authorities. Areas where gemstones and crystals occur have been part of livelihood strategies for many years. Support from donor organisations is acknowledged and appreciated in trying to assist small-scale miners to derive more value from their mining operations. A key requirement needed is to assist with the marketing of product and linking miners to competitive markets.

Traditional authorities are supportive of small-scale mining as long as it is not in conflict with agricultural operations. To date there has not been conflict between the two livelihood options.

Traditional authorities are concerned with the impacts of small-scale mining on the environment. Senior traditional councillors who are part of the Erongo Communal Land Board (CLB) underwent environmental training and now see the impact caused by small-scale mining. Abandoned large-scale mining sites within their constituencies should be rehabilitated by MME as these areas are dangerous.

Chamber of Mines Small-scale mining can perpetuate poverty, as it often relies on gambling resources to find the “big pocket” delivering instant financial freedom. Small-scale miners need to look at diversifying their livelihoods, combining mining with

Small-scale miners do not have resources to or skills to mitigate health & safety risks adequately. Large mining companies should be encouraged to support them with this. It is happening to a degree, but Areva should support the Spitzkoppe miners as they impact

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Stakeholder category Economic issues Social Issues Biophysical issues agriculture, tourism etc. on this community.

Landowners / other land-use

Freehold farm owners Farmers lose wildlife to poaching, and this impacts negatively on hunting and game ranching operations. It is interesting to note that farmers have not lost livestock, as the penalty if caught stealing livestock is far more severe than for stealing game. One farm employs more guides to protect tourists and property against illegal miners. Some farmers are vending themselves to legal processes to get illegal miners prosecuted, which is costly and if successful usually results in a N$ 200 fine for offenders.

Freehold farm owners are required to give access to small-scale miners who are in possession of non-exclusive prospecting licenses or mining claims. Uncontrolled access to farms by illegal small-scale miners is of major concern to all farm owners where mineral resources occur. Farmers have experienced theft of fencing and digging equipment and have had tourists harassed by small-scale miners. Farmers are experiencing a reduced quality of life due to fears of attacks to their families and loss of property in some cases. Landowners do not form part of the Small mining stakeholder forum.

Farmers are losing wildlife from poaching be small-scale miners as well as wildlife occasionally falling into excavations made by miners. Farmers are concerned with the disturbance of sense of place at their farms by noise, dust and visual impacts associated with mining. Miners are leaving responsibility of rehabilitation to landowners on abandonment of diggings.

Conservancies Conservancies do not benefit from the proceeds of small-scale mining, but believe that it has potential to add to their tourism product.

Conservancies do not have interaction with the small miners which occur in their areas of control. It is generally accepted that as conservancies do not have control over minerals, or land, they cannot interfere with small scale

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Stakeholder category Economic issues Social Issues Biophysical issues mining operations. They do recognize

that small-scale mining disturbs the land, and possibly the wildlife, but do not believe tourism is affected by it.

   

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5. Impacts  5.1 Biophysical impacts  Table 7: Biophysical impact assessment for small-scale mining in Erongo Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives Poaching: Small-scale miners poach wildlife for food, in an indiscriminate manner, possibly poaching protected species of mammals or birds

• Direction: Negative • Spatial: Local • Duration: Long-term • Cumulative impacts:

Medium • Probability: Likely • Significance without

mitigation: Medium • Significance with

mitigation: Low

• Agreements with land-owners and claim conditions must include reference to no poaching, with strict penalties for transgressions;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Explicit statement about poaching in the Code of Conduct.

N/A

Wildlife displacement: Small-scale miners’ operations may displace wildlife from their habitat, particularly if these operations are close to springs or other water sources

• Direction: Negative • Spatial: Local • Duration: Long-term • Cumulative impacts:

Medium • Probability: Likely • Significance without

enhancement: Medium • Significance with

enhancement: Low

• Agreements with land-owners and claim conditions must include reference to mining operations of camps not to be close to water sources

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Small miners’ camps should be located away from water sources to prevent disturbance to wildlife in these areas.

N/A

Risk of wildlife falling into excavation pits

• Direction: Negative • Spatial: Local • Duration: Short-term • Cumulative impacts:

Medium • Probability: Possible • Significance without

enhancement: Medium

• Operations should include back-filling wherever possible;

• Mining methods which include back-filling and run of mine rehabilitation should be explored and described in a mining manual;

• Disused excavations must be rehabilitated after mining;

N/A

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Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives • Significance with

enhancement: Low

Collection of firewood by small-scale miners is indiscriminate, and trees are chopped down for this purpose; possibly protected species

• Direction: Negative • Spatial: Local • Duration: Long term • Cumulative impacts:

Medium • Probability: Likely • Significance without

mitigation: Medium • Significance with

mitigation: Low

• Where possible landowners should be encouraged to allow small-scale miners to cut identified encroacher species;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET.

N/A

Visual scarring: Small-scale miner’s excavations and camps create visual disturbances to landscape / sense of place based tourism

• Direction: Negative • Spatial: Regional • Duration: Long-term • Cumulative impacts:

High • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: Low

• Operations should include back-filling wherever possible;

• Mining methods which include back-filling and run of mine rehabilitation should be explored and described in a mining manual;

• Disused excavations must be rehabilitated after mining;

• Small scale miners’ camps must be located in a site agreed by landowners, and be placed discretely to prevent disturbing natural sense of place.

N/A

Risk of fire: Activities of small-scale miners lead to bush fires which have a negative impact on biodiversity and ecosystem health

• Direction: Negative • Spatial: Local • Duration: Short term • Cumulative impacts:

Low • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: Low

• Agreements with land-owners and claim conditions must include reference to no poaching, with strict penalties for transgressions;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Explicit statement about care with fire in the Code of Conduct;

• A procedure should be included in the landowner agreement for the burning of

N/A

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Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives

waste.

Litter & Waste: Medium volumes of waste are produced at small-scale mining operations and camps, as these are often far from waste removal services they are illegally dumped or are left in the environment, becoming a hazard to scavenging animals and a visual impact

• Direction: Negative • Spatial: Local • Duration: Long-term • Cumulative impacts:

High • Probability: Probable • Significance without

enhancement: High • Significance with

enhancement: Low

• Agreements with land-owners and claim conditions must include reference to the control of waste, with strict penalties for transgressions

• A procedure should be included in the landowner agreement for the burning of waste;

• Small-scale mining co-operatives should be supported to develop waste removal programmes where possible.

N/A

Erosion: Removal of soil for excavations, pathways and roads, and general trampling causes erosion

• Direction: Negative • Spatial: Local • Duration: Long-term • Cumulative impacts:

High • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: Low

• Operations should include back-filling wherever possible;

• Mining methods which include back-filling and run of mine rehabilitation should be explored and described in a mining manual;

• Disused excavations must be rehabilitated after mining;

• Small scale miners’ camps must be located in a site agreed by landowners, and be placed in areas where slopes and drainage would not be susceptible to erosion.

N/A

From the above table it is evident that one impact of high significance, namely the impact of litter and waste was identified. This is especially of significance in areas where large groups of small-scale miners live and operate in a small area, such as Neuschwaben, Spitzkoppe junction and Xoboxobos. The field investigation revealed that litter was present at all sites, although volumes were fairly low. Mitigation for this impact as

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discussed in chapter 6 is likely to result in reducing the impact significance to low. The practice of burring waste, a related activity to the impact above has a likely fire risk, which has biodiversity implications as well as risk to human life, grazing and property. All other impacts were rated as having a medium risk, which could be reduced to low significance with mitigations discussed in chapter 6. No positive impacts of small-scale mining on biodiversity could be identified. Impacts on biodiversity were considered at a regionally cumulative level in relation to figure 27 below.

Figure 27: Areas of significant biodiversity in relation to small-scale mining areas and claims (Modified from Uranium Rush SEA 2010 – unpublished)

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Sixty four areas of high biodiversity significance were identified during the “Uranium Rush” SEA. Descriptions of each area are given in table 8. In general small-scale mining does not impact significantly on areas of high biodiversity in Erongo, although it does occur within areas 40, 41 and 64. Table 8: Areas of high biodiversity significance as illustrated in figure YY Number in Fig 27

Name Justification

1 Swartbank Marble and dolerite inselberg with high plant diversity, especially lichens, Lithops. Also important for archaeology

2 Hamilton Range S of C14

Marble inselberg and dolerite dykes, with high plant diversity, especially lichens, Lithops, aloes. Also important for archaeology

3 Hamilton Range N of C14

Marble inselberg with high plant diversity

4 Leeukop Inselberg with very high concentration of Adenia pechuelli 5 Chungochoab Granite inselberg with high plant diversity and large washes coming off

the northern slopes, including one small perennial stream. Lichens and large Acacia trees require protection.

6 Welwitschia Flats Iconic plants including Giant Welwitschia 7 Husab + Witpoortberg Inselberg with high biodiversity, part of restricted range of lizard

Pedioplanis husabensis 8 Central Namib Plains Amalgamated area that includes Swartbank, Hamilton Range, Leeukop,

Chungochoab, Witpoortberg, Husab Mountain and Welwitschia Flats as an area with exceptional value.

9 Gobabeb Combines dune, river and plains habitats, has high invertebrate and reptile biodiversity, rich in archaeological sites

10 Sout Rivier spring Spring + archaeology 11 Spring Spring 12 Spring Spring 13 Aussinanis Historic value + archaeology 14 Amalgamated area that includes permanent springs, ephemeral springs in

wet years, lower Aussinanis wash and plain with scenic granite boulders, and Gobabeb

15 Hope Mine area Welwitschias, Hope wash 16 Mirabeb hills Granite inselberg with springs and archaeological sites 17 Zebra Pan Ephemeral pan 18 Springs in upper

Aussinanis wash Springs

19 Spring Inselberg with spring 20 Heinrichsberg Inselberg with plant endemics, archaeological sites 21 Amichab Inselberg with plant endemics, archaeological sites 22 Tumas Mtn - Ganab Granite inselberg, archaeological sites 23 Spring + wash Spring 24 Mountain Schist inselberg 25 Hotsas Waterhole, open camelthorn woodland 26 Schiefferberg Inselberg with high biodiversity, important for mountain zebras 27 Langer Heinrichberg Inselberg with high biodiversity 28 Tinkas Dam, German

war graves Waterhole, history, open woodland

28a Broken hills linked to Swakop R valley

Wilderness area, scenic beauty, Vulture breeding area

29 Arechaoamab Inselberg, spring 30 Amalgamated area that includes sensitive areas 15-29 and is important as

an open area for vulture conservation, and wilderness area NE of Langer Heinrich

31 Broken plains Dense populations of Adenia pechuelli and Aloe dichotoma on granite

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Number in Fig 27

Name Justification

broken plains 32 Chuos Mtns Expected high biodiversity but this is private land 33 Broken plains between

Vergenoeg and Valencia road

Broken granite landscape, rich plant diversity. Many Sterculia trees, also Adenia pechuelli

34 Marble ridges near Arandis

Ridges with a cave and special plants – Avonia ruschii

35 Broken granite hills Dense population of Adenia pechuelli 36 Mountains

surrounding Rössing

37 Marble koppie on farm Vergenoeg

Dense population of Aloe namibensis

38 Swakop-Khan confluence (Haigamchab), Goanikontes, Rössing Mountain

Amalgamated area including huge Acacia erioloba at Haigamchab, Swakop R canyon upstream of Goanikontes, marble ridges, rich patches of special plants (Aloe dichotoma, Anacampseros and Lithops ruschiorum), Rössing cave

39 Open plains N of Trekkopje

Relatively undisturbed gravel plains – one of few large areas not already disturbed

40 Spitzkoppe and Klein Spitzkoppe

Inselbergs with great natural beauty and recreational demand, also high plant diversity

40a Inselberg E of Brandberg

Plant diversity

41 Lower Omaruru River, gravel plains

Amalgamated area with patches rich in Adenia pechuellii, relatively undisturbed plains

42 Messum Crater and rivers to W of it

Rich in lichens, welwitschias, other plant diversity.

43 Lagunenberg Lichens 44 Cape Cross Seal

Reserve Seals

45 Black Ridge area inland of Wlotzkasbaken

Many dolerite ridges, rich in lichens and other plant diversity.

46 Swakopmund surrounds

Important Bird Areas at Swakop

47 Coast immediately N of Walvis Bay

Important Bird Areas

48 Walvis Bay Lagoon Ramsar Wetland and Important Bird Area 49 Kuiseb Delta High density of !nara plants, important for Topnaar livelihoods 50 Sandwich Harbour Ramsar Wetland and Important Bird Area 51 Kuiseb River Linear oasis, riparian woodland, aquifer recharge, rich wildlife 52 Swakop River Linear oasis, riparian woodland, aquifer recharge, rich wildlife 53 Khan River Linear oasis, riparian woodland, aquifer recharge, rich wildlife 54 Omaruru River Linear oasis, riparian woodland, aquifer recharge, rich wildlife 55 Coastal strip Coastal birds (including Near-Threatened species), dune hummocks with

endemic invertebrates, brown hyena, lichens and marine life. 56 Inland gravel plains Lichens, invertebrates and biodiversity associated with Tumas drainage

area 57 Mile 4 wetland Important Bird Area at saltworks 58 Damara terns Important Damara Tern breeding and feeding area 59 Wlotzkasbaken lichens One of the most important lichen areas in Namibia – under threat from

offroad driving 60 Henties Bay

hummocks Endemic invertebrates – this is a fast disappearing habitat, mostly because of recreation impacts

61 Cape Cross Lichens Substantial lichen areas with associated biodiversity

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Number in Fig 27

Name Justification

62 Cape Cross ridges Various desert plants and lichens 63 Brandberg High endemicity of plants, reptiles and insects 64 Erongo Complex Biodiversity hotspot, high plant diversity Of the above, area 64 (the Erongo mountain complex) is of most concern. The complex is a known biodiversity hotspot, with a number of near endemic and protected species of plants and animals. Black rhino (Diceros bicornis) were relocated to the Erongo mountain complex as part of a national metapopulation protection project in 2007, after its value as habitat for this animal was recognized. Large numbers of raptors are known to live and breed in the complex and sustainable populations of wildlife occur in this area. As described in chapter 2 and 4, the Erongo mountains are known for producing pockets of high quality tourmaline and aquamarine, and is currently a popular area for small-scale mining. A relatively small number of claims are registered in the area, but personal observations and discussions with landowners in the Erongo complex revealed that a large number of illegal miners are operational in the area. It is important that these miners be targeted to implement mitigations for the impacts mentioned in table 2 above, as their activities impact on an area of high biodiversity significance. Area 40 in figure 27 is the Spitzkoppe and Klein Spitzkoppe inselbergs. They are described as areas of great natural beauty with high plant diversity. Small scale mining in these areas is scattered, low density and excavations are mostly shallow to superficial. Impacts as stated in table 2 are however possible. The area falls within the !Gaingu conservancy, and therefore any impacts on wildlife through poaching or displacement would be considered significant. Sustainable use of wildlife forms part of the objectives of the conservancy, therefore any impacts on wildlife would affect the livelihoods of conservancy members and affect their wildlife management programmes. Area 41 in figure 27 is the lower Omaruru River gravel plains. These plains are known to be rich in populations of Adenia pechuellii (elephant’s foot). This plant is a protected endemic and has tourism value as a charismatic species. Tin and tantalite mining by small-scale miners occurs in this area, with deep trenches being dug to follow the pegmatites in the ridges. Miners should be trained to identify Adenia and ensure that their excavations or other activities do not disturb these populations. Figures 28 to 32 illustrate some of the observed biophysical impacts of small-scale mining

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Figure 28: A farmer’s record of a deceased Hartmanns’ zebra (Equus zebra hartmannae) with a limb amputated in a snare; suspected to have been set by small-scale miners

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Figure 29: Farmer’s record of a Hartmann’s zebra ( Equus zebra hartmannae ) mortality from it falling into a small-scale miner’s excavation pit

Figure 30: Snares confiscated from small-scale miners’ camps on a private farm in the Erongo mountain complex

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Figure 31: Aerial view of Neuschwaben small-scale mining surface disturbance (area approximately 35 hectares)

Figure 32: Minor negative visual impact of small-scale excavations in the Erongo Mountain Complex

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5.2 Socio­economic impacts  Table 9: Socio-economic impact assessment for small-scale mining in Erongo Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives Security risk to landowners: Uncontrolled traversing of properties for prospecting and mining is a risk to the security of landowners and their property. Theft of property and harassment of residents

• Direction: Negative • Spatial: Local at various

sites • Duration: Long-term • Cumulative impacts:

Medium • Probability: High • Significance without

mitigation: High • Significance with

mitigation: Low

• Mining claims must stipulate a number of persons allowed per claim to access properties;

• Access points must be specified in landowner agreements;

• MME and NAMPOL must support landowners in effecting evictions of illegal miners;

• Explicit statement about access to private land must be included in the Code of Conduct

N/A

Poaching: Small-scale miners poach wildlife for food in areas where wildlife are kept for economic purposes (conservancies, hunting farms)

• Direction: Negative • Spatial: Local • Duration: Medium-term • Cumulative impacts:

Medium • Probability: Likely • Significance without

mitigation: High • Significance with

mitigation: Low

• Agreements with land-owners and claim conditions must include reference to no poaching, with strict penalties for transgressions;

• Conservancies must be consulted once claims have been lodged in their control areas;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Explicit statement about poaching in the Code of Conduct.

N/A

Disruption of day to day agricultural activity: Small-scale miners are involved in stock theft, fencing and equipment theft, and disrupt labour activities on farms

• Direction: Negative • Spatial: Local • Duration: Short-term • Cumulative impacts:

Medium • Probability: Possible • Significance without

mitigation: High

• Agreements with land-owners and claim conditions must include reference to no poaching, with strict penalties for transgressions;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Explicit statement about respect for farming activities in the Code of Conduct.

N/A

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Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives • Significance with

mitigation: Low Interference with tourism: Small-scale miner’s excavations and camps create visual disturbances to landscape / sense of place based tourism. Noise and dust generation may also disturb eco-tourism

• Direction: Negative • Spatial: Local • Duration: Short-term • Cumulative impacts:

None • Probability: Likely • Significance without

mitigation: Medium • Significance with

mitigation: Low positive

• Agreements with land-owners and claim conditions must include reference about not interfering with tourism, with strict penalties for transgressions;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Operations should include back-filling wherever possible;

• Mining methods which include back-filling and run of mine rehabilitation should be explored and described in a mining manual;

• Disused excavations must be rehabilitated after mining;

• Small scale miners’ camps must be located in a site agreed by landowners, and be placed discretely to prevent disturbing natural sense of place or tourism operations.

• Tourism products related to the small-scale mining industry should be pursued. These may be in co-operation with landowners / conservancies / tourism operators and include tours to mining operations and sale of crystals / jewellery;

• A diggers' tourism route could be established as a specialized tourism product which includes geology, mining and gem / crystal excavation.

Risk of fire: Activities of small-scale miners lead to bush fires which have a negative impact on available grazing for agriculture, risk to livestock, life and property

• Direction: Negative • Spatial: Local • Duration: Short term • Cumulative impacts:

Low • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: Low

• Agreements with land-owners and claim conditions must include reference to no poaching, with strict penalties for transgressions;

• Strict policing of claim areas and areas where small miners live by landowners, conservancy officers, MME and MET;

• Explicit statement about care with fire in the Code of Conduct;

• A procedure should be included in the landowner agreement for the burning of waste.

N/A

Risk to health & • Direction: Negative • Training on safe working procedures N/A

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Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives safety of miners: Mining without proper expertise and knowledge causes loss of life and injury

• Spatial: Local • Duration: Short term • Cumulative impacts:

Medium • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: Low •

should be undertaken; • Regular inspections of mining operations

should be undertaken by MME and unsafe mining operations should be closed and immediately rehabilitated.

Damage to archaeological heritage sites: Excavations and associated activities disturb or destroy important archaeological sites

• Direction: Negative • Spatial: Local • Duration: Permanent • Cumulative impacts:

Low • Probability: Probable • Significance without

enhancement: High • Significance with

enhancement: Low

• Claims should not be registered in areas described as being of important archaeological heritage;

• Small scale miners’ camps must be located in a site agreed by landowners, and not be placed at know archaeological sites.

• Small-scale miners could be trained to identify archaeological sites or artefacts, and alert the National Heritage Council of the location of new sites for research and preservation.

Provision of jobs for locals: The small-scale mining industry provides employment to an estimated 1600 jobs in Erongo

• Direction: Positive • Spatial: Local • Duration: Permanent • Cumulative impacts:

High • Probability: Probable • Significance without

enhancement: Medium • Significance with

enhancement: High •

N/A • Attempts should be made to encourage small-scale miners to not export raw products;

• Beneficiation should be encouraged by supporting a cutting and polishing industry in Erongo

Stimulation of the local economy:

• Direction: Positive • Spatial: Local • Duration: Permanent

N/A • Beneficiation of product should be encouraged, skills and equipment for cutting and polishing should be provided

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Impact description Impact ranking Recommended mitigation of negatives Recommended enhancement of positives • Cumulative impacts:

Medium • Probability: Probable • Significance without

enhancement: Low • Significance with

enhancement: Medium

• Re-investment of mining profits into local economies wealth generation should be encouraged through financial management training for small-scale miners

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From the assessment in table 9, two impacts of high significance emerge: • Security risk to landowners; and • Poaching.

From stakeholder consultations it was clear that there have been a number of conflicts between private landowners and small-scale miners. This is explained in chapter 3.5. Although the conditions for registration of claims require an agreement to be signed between landowners and small-scale miners, conflict has been predominantly with illegal miners entering and occupying private land. Landowners perceive this illegal occupation as a risk to their livelihoods. There have been incidences where visitors to landowners’ properties were harassed to purchase gemstones from illegal miners, and have been suspected of stealing digging equipment and fencing. Particularly in the Erongo mountains where parts are inaccessible and remote as a result of topography, landowners are unable to control access to their properties by miners. Mitigation measures for this impact mostly target legitimate miners, and therefore strict law enforcement and evictions are required with explicit support of MME. There is a risk of impacts on areas of high heritage value in terms of Archaeology. Figure HH below illustrates the occurrence of areas of high archaeological value, overlaid by mining claims and small-scale mining areas.

Figure 33: Erongo region’s areas of high archaeological significance (source Uranium Rush SEA 2010)

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The figure (33) indicates that two areas of high archaeological significance impacted by small-scale mining, namely the Erongo mountain complex and the Grosse Spitzkoppe. This area is considered an important heritage resource as a result of a high level of archaeological sites, including petroglyphs and rock paintings. Small-scale miners target pegmatites which usually form prominent outcrops. These often have rock shelters and natural rainwater catchments (tanks) so tend to have very high local concentrations of archaeological sites, especially those dating to within the last 5 000 years. At these outcrops the small miners sometimes establish encampments that encroach on archaeological sites which may be heavily disturbed as a consequence. The archaeological sites dating to this period often have dense surface concentrations of artifact waste which includes crystal quartz. Small miners sometimes mistake these as surface indications of mineable deposits and destroy valuable archaeological deposits.

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6. Mitigation measures  In this section of the report, we consider how best one could reduce unwanted environmental impacts and enhance benefits – bearing in mind that small scale miners have limited resources. Indeed, even large miners from multinational companies regard funding the implementation of environmental safeguards as a ‘grudge payment’, so the chances of success in persuading small scale miners to do so, are perhaps modest. Thus, we have tried to propose practical, cheap and easy to implement solutions that are based on positive incentives rather than administrative burdens. 6.1 Current mitigations  There are a number of interventions already initiated by government and various donor partners. These have mainly been geared towards maximizing the benefits of small scale mining and improving product quality, adding value and marketing. Figure 34 is an adaptation of figure 8 (Forces and dynamics of small-scale mining in Erongo). It illustrates where donor and support interventions (lightning bolts in the figure) are focused.

Mining on private land freehold farms, conservancies, and communal land

Markets•Local dealers•Local jewellers•Local collectors•Uis and Spitzkoppemarkets

•Tourists

•Foreign dealers•Foreign collectors (USA, Germany,  Japan, UK)

Economic outputs•Tax (no)•Local investment (shebeens, guest house)•Local spending (lifestyle)•Employment (re‐invest in mining jobs)•Minerals tax

Inputs•Fuel•Equipment•Labour•Fee to landowner•Fee for MME claim

Control •MME – claim•MET – environmental contract•Landowner ‐ agreement•ERSMA ‐membership

1

2

3

4

5

Unintended environmental consequences•Loss of biodiversity•Impacts on sense of place•Impacts on private landowners’ livelihoods and quality of life•Impacts on conservancies•Etc.

6

Small scale miner

Illegal miner

SSM co‐

operative

Competition

Co‐operation

1

2

3

4

Figure 34: Interventions in relation to forces and dynamics of the small-scale mining sector in Erongo (lightning bolts represent intervention areas) Intervention 1 in figure 34 represents the provision of earth-moving equipment and compressors for more effective mining.

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Intervention 2 in figure 34 represents efforts to link small-scale miners to tourists. Two significant projects in this regard are the construction of gemstone markets at Spitzkoppe junction and Uis. This makes marketing of Namibian gemstones to tourists easier, as fixed sites can be included into travel itineraries or tourist routes. The markets can also be used to disseminate information about the industry, and attract complimentary craft enterprises. The value of such formal markets does not seem to be well understood or accepted by gemstone sellers. Spitzkoppe junction sellers commented that the building (in construction) was unnecessary, and that they were happy with their current temporary structures. The Uis market is completed and commissioned, but not in use (see figure 35).

Figure 35: Uis gemstone market not in use (12 January 2010) Intervention 3 in figure 34 represents various initiatives at creating value from the product locally before sale, instead of that value being created outside Erongo or Namibia as a whole. Beneficiation of product is an important part of the small-scale mining industry and efforts in this area should be pursued. Cutting and polishing of gemstones not only adds value to the product, but creates employment. A thriving cutting and polishing industry will drive demand for low to medium quality stones, which are currently discarded by small-scale miners. For example: A small, low quality silver topaz stone has little value in raw form (+/- N$ 5). If cut, faceted and polished the same stone’s value increases to N$ 200 for use in the jewellery industry with a mere 4 hours’ labour. Intervention 4 in figure 34 represents all institutional interventions. This includes:

• The formation and support of ERSMA; • The formation of small-scale mining co-operatives; and • Assistance in the registration of claims.

These interventions are well conceived as it is difficult to regulate and guide an informal sector. The formalisation of the sector to an extent through the formation of co-operatives reduces illegal mining to an extent, and creates contact points through which interventions can be channelled. Some stakeholders expressed their concern that some co-operatives consisted more of opportunistic middle-men than small-scale miners. Care should be taken to ensure that the actual miners benefit from assistance to co-operatives.

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6.2 Proposed additional mitigations  In addition to continuing with the efforts noted above, this Situation Assessment recommends additional mitigation efforts that will hopefully bring about sustained improvements to the sector. These are described below: Establishing a good working relationship between small miners and landowners is probably the biggest challenge to overcome, given that there are currently few incentives for either party to make the relationship work. Whilst exceptions exist, the landowners generally resent and fear the presence of small mines and the miners in turn, try to avoid contact with the landowner. This is especially the case with illegal miners who can operate undetected on a farm or conservancy for years. However, if this relationship can improve (essentially a ‘forced marriage’), then almost all other negative environmental impacts could be addressed at the same time (figure 35).

Figure 36: Illustration of the mutual benefits from an improved relationship between farmers/landowners and small scale miners The key is finding and developing incentives for improving this important relationship; these might include: Improved security.

Currently, landowners feel insecure and therefore negative about small-scale miners. They are fully aware that they have no right to deny access to the miners, but their negative attitude is easy to understand. However, the legitimate small-scale miner could be an ally, by helping the landowner to keep away illegal miners. Similarly, the small-scale miner will benefit if the farm/land is free of illegal operators.

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Improved waste management

Landowners complain about litter strewn about in the veld by miners, who often have little regard for the environment. They argue that this reduces sense of place on their land, reduces tourism potential and may harm livestock and wildlife (e.g. through ingesting plastic bags). Whilst it is probably true that many of the miners disregard the environment, it is sometimes difficult for them to practice good waste management. They could of course dig a hole on site and bury their waste, but often these holes are opened by scavengers (e.g. jackals and baboons) and the litter is exposed again. If the landowner allowed the miner to dump his/her waste in the farm dumpsite, one enables the miner to meet his/her legal requirements and there might be less litter strewn about in the veld. Also, the landowner could allow the miner to store his equipment in a store-room at the farmhouse, thus helping the miner in terms of securing his movable property. These interactions also increase the contact between the parties, and the chances of improving the relationship.

Reduced poaching Poaching and wood harvesting occurs on many claims even though it is illegal. It is almost impossible for the landowner to control these activities, especially in remote and often relatively inaccessible areas. Thus, he either turns a blind-eye and grudgingly accepts his losses, or he makes a determined effort to police his farm, expending substantial energy on a low return activity. Either way, it is the miner versus the landowner in an adversarial relationship. The miner on the other hand lives under very difficult conditions and has almost no option but to live off the land for certain periods. Also, from an economic perspective, small scale mining is usually ‘feast or famine’, so there are times when there is limited cash available for buying groceries, even if there was a shop nearby (which there often isn’t). If the farmer allowed the miner to harvest wood in selected areas (e.g. bush encroached parts of the farm – assuming these are close enough to the area being mined), both parties benefit. Also, he could sell meat to the miner at a reasonable price and allow the miner to purchase basic goods from the farm shop (assuming there is such a shop). Given the boom and bust nature of small-scale mining, the miner could pay an up-front instalment to the farmer, and use up his credit as he purchases goods (similar to pre-paid electricity or air-time). In this way, the landowner makes life a little easier for the miner, and the miner in turn may be less inclined to poach.

Improved livelihoods Both the miner and the farmer are eking an existence from the land – which often offers a marginal return for both parties. Each of them tries to improve their income by whatever means possible. A common denominator might be tourism. On many farms (and on conservancies), the landowner/community has combined tourism with conventional farming in order to diversify income. Similarly, the miner is essentially producing a product which is usually sold to tourists (and overseas collectors). In some localities (though not all), it might be possible for the landowner to include ‘mining tourism’ as part of his product. S/he could take their guests to the small-scale miner’s diggings, where the tourists could buy stones. This helps the miner, who would normally have to take his stones to the market.

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Most of the tourists are overseas visitors who are acutely aware of environmental issues. They would not want to buy stones from a miner who leaves litter lying around, who does not rehabilitate his impacts and who poaches. Thus, a miner with a good environmental record would be well supported by the tourists, and his investment in complying with his environmental contract will soon reap profits. This concept of mineral tours could go beyond the individual farm – it might be possible to include a number of diggings in a tour package that traverses a number of farms, and the farms could benefit by providing lunch, teas, transport, accommodation, etc. This relatively new tourism product could easily be marketed internationally, both through normal Namibia Tourism Board activities and at the major mineral fairs in Europe and north America.

If a claim holder complies with his environmental conditions and he and the landowner have a good relationship, then the landowner could provide a ‘letter of good conduct’ on behalf of the claim holder. This letter should earn the claimholder ‘good conduct points’ at MME, so that s/he can obtain an exclusive claim on a certain farm. This protects the claimholder from outsiders (some who may be illegal) and allows him an opportunity to consolidate his position on the land. Ultimately, we achieve a situation where all illegal and non-compliant miners are removed from the system and the sector is regarded by government, donors, landowners, mineral collectors and tourists, as having cleaned up its act. When that goal is achieved, a milestone will have been reached and those dependent on small scale mining will be in a much better position than where they are now.

6.3 Other general mitigations  Sustainable development and environmentally sound decision making training

Small-scale mining is a possible candidate for an industry which can be sustainably practiced. This requires an understanding of sustainable living and mining with minimal negative impact on the environment. Mining co-operatives can be trained in the principles and practices of sustainable development (and living) and sound environmental decision making. The value of the environment and the negative economic and social effects of disturbing the environment can be workshopped. Practical sustainable living practices can be brought into the co-operatives and their living and working environments. Mining “light” and rehabilitating

The term “light” mining refers to mining with as small a footprint as possible. The clearing of vegetation around the mining site should be kept to a minimum and no trees should be removed unless totally necessary. Backfilling should be used to keep the disturbed area or void size to a minimum. This assists with rehabilitation, as backfilling reduces the need for extensive earthmoving post-mining. Miarolitic cavities (where gemstone crystals are found in granite) are often indicated by trees (often Ficus spp.)growing out of rock. Inevitably in an attempt to explore the cavity, the tree gets destroyed. In many cases this need not be the case, and the value of the tree to other land-uses and to ecosystems needs to be appreciated by the miners.

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ERSMA should investigate the development of a “light mining” methodology for small-scale mining, and train miners in the implementation thereof. Diversification of livelihoods

Namibia’s gem- and semi-precious stone deposits are varied and rich, but low in volume when compared to a country such as Brazil. This means that as deposits are discovered and mined, initial good finds become increasingly scarce and are eventually depleted. Communities should not become wholly dependent on small-scale mining, but invest returns from small-scale mining into alternative livelihoods such as tourism, agriculture or Community Based Natural Resource Management (CBNRM). This implies that ERSMA and other support organisations should link small-scale miners to other livelihood initiatives in their locality. Initiatives to curb illegal mining

As noted in previous sections, illegal mining is having an impact on among others the relationship between landowners and miners, prices for minerals and Namibia’s international image as a premier source of legitimate good quality gems and crystals. The newspaper article in section 4.2 illustrates the conflict that illegal mining can cause. Small-scale miners, MME, traditional and other authorities and landowners need to co-operate to ensure illegal miners either legalise their operations or are evicted and prosecuted. Legal miners need to understand the threat that illegal mining poses to their livelihoods, and be actively involved in reporting illegal miners to authorities. MME and ERSMA might consider introducing a publicised grace period for illegal miners to become compliant, or be evicted and prosecuted. During this grace period illegal miners should be assisted by ERSMA to register claims and form or join co-operatives. The process by which small-scale miners register claims needs to be streamlined. Many small-scale miners admitted that it was difficult and costly to get to Windhoek to complete the process. A decentralised office of MME in the region could make registration of claims easier and less costly. Creation of tourism opportunities from small-scale mining

Through innovative marketing small-scale mining can become a significant tourism product for the Erongo region. Two initiatives identified are:

i) Publication of a small-scale mining information booklet. The booklet can illustrate different types of small-scale mining in Erongo, look at the social and natural environment in which it exists, include interesting facts about the people who mine and their cultures, information on buying gems and crystals, and a map of where mining takes place; and

ii) Development of a “diggers’ tourism route. The route could include mining operations, cutting and polishing works and gemstone markets as well as tourism accommodation facilities (often of landowners of properties on which mining takes place). It can also include other tourist attractions on the way – such as game reserves, cultural attractions etc.

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6.4 Site specific mitigations  Although mitigation measures mentioned it section 6.2 and in tables 8 and 9 are relevant for all sites, there are a few site specific mitigations which need to be noted. These are: Neuschwaben:

• In considering miners’ living conditions, and in interviews with miners (and other stakeholders in the industry) it seems as if the resource is being depleted and the end of life of mine is being reached. Mining is becoming increasingly hazardous and expensive with large amounts of overburden needing to be removed. The number of miners (although often migrant) have slowly reduced from over 1000 to about 200 part time and probably no more than 60 full time miners. Income figures for 2009 are disputed by stakeholders and can as yet not be verified. A resource viability study conducted by Indigo Sky could not be located, but should be sourced in determining the resource volume that still exists within this deposit. It may be considered to assist small-scale miners at Neuschwaben in finding employment in the Uranium mining boom which is currently taking place in Erongo. Many of these miners are well (self)skilled, and with a primary qualification from the Namibian Institute for Mining and Technology (NIMT) they will easily find employment in the Erongo mining and exploration industry. Rehabilitation of the Neuschwaben site should be undertaken to prevent illegal mining and reduce the safety and environmental risk this site poses. Miners should be allowed to scour the rehabilitated area for any remaining tourmaline crystals.

Erongo mountains:

• A drive by ERSMA and MME in locating and dealing with illegal small-scale miners should be of priority. Illegal operations are commonplace in this area and need to be considered on a case-by-case basis. Where possible these operations need the consent of landowners for mining, and claims may be registered. Where landowners are badly impacted and miners have shown a disregard for the rule of law, assistance should be given to the landowner to evict such operators.

Uis area:

• The Uis market which was recently constructed to allow for orderly sales of gemstones to tourists, and to create a gemstone tourist “product” in Uis is currently not being used. Vendors are still “harassing” tourists at the restaurants and filling station. This needs to be investigated and rectified as the location of the market is ideal.

7. Environmental Code of practice  An Environmental Code of Practice (ECOP) is proposed to guide small-scale mining operations in order to minimise the impacts identified in chapter 5. The code of practice is a visually explanatory document based on five key points of practice which implemented correctly will address all of the identified impacts. The key points are: 1. Relationship with landowners;

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2. Mine “light” and rehabilitate; 3. Working safely; 4. Careful location of camps; 5. Waste management. Table 10 below shows which impacts each point of the ECOP will address: Table 10: ECOP points and the impacts they address ECOP point Impacts reduced Co-operation with landowners

• Poaching • Litter & waste • Collection of firewood • Risk of fire • Security risk to landowners • Disruption of farming activities • Interference with tourism

Mine “light” and rehabilitate • Visual • Erosion • Interference with tourism • Risk to health & safety of miners

Work safely • Risk of fire • Risk to health & safety of miners

Locate camps cleverly • Wildlife displacement • Visual • Risk of fire • Risk to health & safety of miners • Damage to archaeological heritage

Waste management • Litter & waste • Visual • Risk of fire

In the development of the ECOP the economic situation of small-scale miners was considered. Financial requirements for implementation of the ECOP are low as it in most cases requires a time investment, and a reorganisation of the way small-scale miners operate. Miners conceded that they needed to do more to prevent environmental damage but expressed concern about their ability to spend money or time on mitigation in an already marginal industry. A commitment to implement the ECOP should be a precondition for the registration of claims and for membership to ERSMA. Figure 37 illustrates the institutionalisation of the ECOP.

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Small‐scale miner

Signs environmental contract and commitment to implement ECOP

Implements ECOP

Farmer

Monitors

MME

Reports

ERSMA

Reports

Reports

MET

Monitors

Reports

Applies for claim

Takes action

Fig 37: Implementation of the Environmental Code of Practice (ECOP) The small-scale miner applies for a mining claim. Part of the application process includes an environmental screening questionnaire, and the signing of an environmental contract with MET. A commitment to the ECOP needs to be included in the environmental contract. The letter which is written to landowners informing them of the registration of a claim, will be accompanied by the ECOP. This allows landowners to monitor the implementation of the ECOP. MET (Environmental commissioner under the EMA (2007)) should be responsible for monitoring compliance with the ECOP. The small-scale miner (as prescribed in the ECOP) will report on various aspects of the ECOP to ERSMA, and compliance must be reported by MET and landowners. This will be done in writing in the lead up to the quarterly stakeholder forum meetings where the findings will be reported to all stakeholders. Penalties for non-compliance will be decided on by MME, and action will be taken accordingly, either cancelling claims or black-listing miners for future claim applications. Capacity of the above institutions to implement each aspect of the ECOP needs to be considered. MET are a key ministry in its implementation. Currently the MET Directorate of Environmental Affairs (DEA) has inadequate capacity to oversee the physical implementation of the ECOP. The regional MET office could take responsibility for the implementation on behalf of the DEA until the proposed Environmental Commissioner and support staff structure is implemented, upon which it could consider creating a mining specific post, under which small-scale mining issues and the implementation of the ECOP can fall. Capacity within ERSMA (and the Erongo Regional Council which controls ERSMA) needs to be improved in order to drive implementation of the ECOP.

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The ECOP takes into consideration that most miners cannot financially afford expensive or time-consuming activities in order to mitigate impacts. For this reason the five key points of the ECOP are seen as easy to implement, without requiring funding from the miners. It depends on co-operation, sensible amendments to mining methods and investing some time to practice due diligence regarding the environment. The ECOP is intended to be a laminated, ring bound document with the ECOP summary and illustration on the front cover followed by a supporting page for each of the five key points.

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8. Environmental Management Plan  

8.1 Co­operation with landowners Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

Improved security • Access to mining areas needs to be included in landowners’ agreement

• In communal areas, an agreement must be reached with the Communal Land Board (CLB)(as representative landowner)

MME – Mining commissioner Landowner Small-scale miner CLB

• ERSMA invites landowners to stakeholder forum meetings

• MME inspects agreements before claims are registered

Reduced poaching of wildlife and firewood

Agreement with landowner Upfront payments for meat

rations (at staff price)

Small-scale miner Landowner

• Small-scale miner

MME inspects agreements before claims are registered

Landowner reports at

ERSMA stakeholder forum

Improved waste management Agreement with landowner for dumping of waste in correct site

No litter around camps or mining operations

Small-scale miner Landowner

• Small-scale miner

Landowner reports at ERSMA stakeholder forum

Improved livelihoods through joint tourism initiatives

Landowner and miner investigate joint-venture tourism opportunities

Investigate the establishment of a “diggers’ tourism route and information publication

Small-scale miner Landowner

ERSMA – ERC, TASA

ERSMA reports at stakeholder forum

If significant progress is made on the above points, the landowner can issue a “letter of good conduct” (see chapter 6).

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8.2 Mine “light” and rehabilitate 

Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

Rehabilitation methodology developed for each type of mining (granite vein, pegmatite outcrop, alluvial digging)

• Develop a methodology for rehabilitation at each mining type

ERSMA with support from expert by the end of 2010 ERSMA report 2010

Keeping disturbed areas to a minimum Do not remove trees and other plants unless totally necessary

Store overburden in a berm around the hole

Backfill while digging where possible

Close exhausted diggings before opening a new hole

Small-scale miner MME inspections

Rejection of new claims as a result of bad practice

8.3 Working safely  

Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

Workplace injuries are reduced through safe working practices

• Wear protective equipment

• Apply workplace safety training principles

Small-scale miner ERSMA

Mining commissioner’s safety statistics

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Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

• Conduct mini risk assessments at all new sites

• Report any accidents to the MME

• Appoint a safety officer / representative for each site

• Regularly train miners in safe working practices

8.4 Location of camps 

Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

Minimal disturbance of wildlife, • Locate your camp at least 2 km from waterholes or springs where animals drink

Small-scale miner Landowner reports non compliance

No interference with tourism Locate your camp in a secluded area away from eco-tourism routes

Do not harass tourists for sales or handouts

Small-scale miner Landowner reports non-compliance

Reduced risk of veld fires Designate and clear cooking Small-scale miner Landowner reports non-

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Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

areas

No fires are to be lit outside the designated area

compliance

No disturbance to archaeological sites Heritage council to train small-scale miners on the identification of archaeological sites

Scan potential camp sites for archaeological signs. If found, do not camp there and report the site to the National Heritage Council. Archaeological signs include: stone tools, pot shards, rock paintings

Heritage Council ERSMA to co-ordinate

Heritage council statistics on reported sites

MME mining inspectorate

8.5 Waste management 

Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

Waste should be disposed of to not litter the environment, cause pollution or affect the health of wildlife or people

• Dispose of waste in the manner prescribed in the landowner agreement

Small-scale miners

Small-scale miner

Landowner

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Objective (What do you want to achieve?)

Management actions (What do you need to do?)

Who needs to do it? Monitoring (How do we check that it’s being done and working?)

• Designate a site to store waste for disposal

• Domestic waste to be burned as a last resort

• Investigate joint waste removal systems with other small-scale mining co-operative members and conservancies to municipal dumps

ERSMA – Small mining co-operatives

ERSMA report 2010

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It is critical that the implementation of the EMP and the ECOP are monitored. The monitoring programme will track implementation of the EMP, and determine the effect of management actions on the impacts identified in this report. The monitoring programme should be managed by ERSMA, with information supplied by landowners, small-scale mining co-operatives, Heritage Council and MME (Mining commissioner).

9. Conclusions and recommendations  Small-scale mining in the Erongo region has the potential to be a reasonably sustainable livelihood strategy. Although it currently exists not without conflict with other land-uses, it can be operated in harmony with most land-uses and may even have a synergistic relationship with one of Namibia and the Erongo regions most valuable industries, namely tourism. Mining intensity varies from heavy (e.g. Neuschwaben) to moderate (e.g. Xoboxobos / Tafelkop) to light (e.g. Erongo). In many areas (Neuschwaben, Xoboxobos) the success of small-scale miners’ operations has been decreasing over the past few years, with easily mining deposits being depleted, and deeper deposits require much earthmoving. These miners are either seeking other livelihood opportunities or are moving to the Erongo mountains where deposits are still plentiful, valuable and relatively easy to get at. Numerous impacts on the socio-economic and biophysical impacts of small-scale mining were identified. Impacts of high significance are:

• Security risk to landowners; • Poaching (in a socio-economic sense); • Disruption of day-to-day activities; and • Damage to archaeological heritage.

Impacts of medium significance are:

• Wildlife displacement; • Collection of firewood; • Visual scarring; • Risk of fire; • Erosion; • The biophysical impact of poaching; • Interference with tourism; and • Safety of miners.

A number of positive impacts were also identified:

• Provision of jobs for locals; and • Stimulation of the local economy.

For each negative impact mitigatory actions are recommended. With implementation of these mitigations all negative impacts can be reduced to low significance. Enhancements of positive impacts are also proposed. The medium negative impact of interference with tourism can be mitigated into a positive impact through the creation of tourism attractions from small-scale mining operations. An environmental management plan is proposed which details the implementation of these mitigations.

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An Environmental Code of Practice (ECOP) was developed to serve as a practical manual to ensure that small-scale mining in the Erongo region has a reduced negative environmental and social impact, and can be an integral part of sustainable livelihood for residents of the region. It is recommended that small-scale miners commit to the implementation of the ECOP as a requirement for the registration of a claim.

10. References  Anderson MD 2000. Lappetfaced Vulture In Barnes (ed). The Eskom Red Data book of 

South African Birds.  Anderson MD Maritz AWA, Oosthuysen E 1999. Raptors drowning in farm reservoirs 

in South Africa. Ostrich 70:139‐144.  Bridgeford P. 2001. More vulture deaths in Namibia. Vulture News 44: 22‐26.  Brown CJ. 2009. Vegetation, Vertebrates and Terrestrial Ecology In Etango Project Environmental Impact Assessment, In A. Speisser Environmental Consultants CC ‐ Bannerman Mining Resources Namibia (PTY) ltd  Brown CJ 1991. Declining Tawny and Martial Eagle populations on farmland in central 

Namibia. Biological Conservation 56: 49‐62.  Griffin, M. 1998. The species diversity, distribution and conservation of Namibian mammals. Biodiversity and Conservation 7: 483‐494  Namibia Tourism Board. 2007.  Annual Report 2007.  Namibia Tourism Board, Windhoek, Namibia  NamWater 2009.  Environmental Impact Assessment for the proposed NamWater Desalination Plant at Mile 6, Swakopmund, Namibia.  National Planning Commission 2009.  Terms of reference for the project: Environmental Situation Analysis and Code of Practice for Small‐scale Mining in the Erongo region of Namibia.  UNEP Environmental Impact Assessment Training Resource Manual. 2002.  www.unep.org .  Simmons RE & Brown CJ (in prep). Birds to watch in Namibia: Red, Rare and Endemic species.  Simmons RE 1995. Mass poisoning of Lappet‐faced Vultures in Namibia. J Afr Raptor Biol 10:1  Strategic Environmental Assessment for the central Namib Uranium Rush. 2010.  Unpublished document.  Ministry of Mines and Energy 

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 Steyn P 1982.  Birds of Prey of Southern Africa.  David Philip, Cape Town.  UNEP Environmental Impact Assessment Training Resource Manual. 2002. www.unep.org . Strategic Environmental Assessment for the central Namib Uranium Rush. 2010. Unpublished document. Ministry of Mines and Energy All photographs - Morgan Hauptfleisch

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Appendix 1: List of stakeholders consulted for the Environmental Situation Analysis and Code of Practice for the Small­scale Mining Sector in Erongo Region  Name of stakeholder Organisation Area Telephone number Harold Rust Omantumba farm

owner Erongo mountains 081 245 3713

Kai-Uwe Denker Erongo Conservancy Erongo mountains 081 201 4867 Naresh Kumar Manager: Karibib

cutting and polishing centre

Karibib 081 321 5113

Jambururee Jolandi Nderura

Student at Karibib cutting and polishing centre

Karibib 081 428 2067

Hanikee Tutjari Student at Karibib cutting and polishing centre

Karibib 081 428 2067

Jatandari Tjipombo Student at Karibib cutting and polishing centre

Karibib 081 340 7298

Ratjitari Tinda Student at Karibib cutting and polishing centre

Karibib 081 340 7298

Clemens Musambani Student at Karibib cutting and polishing centre

Karibib 081 439 9213

Ingrid Harases Trainer at Karibib cutting and polishing centre

Karibib 081 221 5329

Rossry Otsub Trainer at Karibib cutting and polishing centre

Karibib 081 499 9670

Joaosinho Barnabas Small miner Erongo mountains 081 481 8112 Seth Podewiltz Chairman of the Uiba

Oas (Spitzkoppe junction) gemstone co-operative

Uakos-Spitzkoppe 081 337 9992

Saul Noabeb Small-scale miner Erongo mountains 081 451 9006 Dawid Seth Roman Small-scale miner Erongo mountains 081 451 9006 Heinz Malzahn Home cutter and

polisher, collector and dealer

Omaruru

Dr. Rainer Ellmies BGR (Geological Survey of Namibia) supporting small-scale miners in Erongo

Windhoek 081 128 0282

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Name of stakeholder Organisation Area Telephone number L. Tsares Uis SIDA Tin and

Tantilite processing co-operative

Uis 064 504 160

E. Tauros Uis SIDA Tin and Tantilite processing co-operative

Uis 064 504 160

P. Naibib Uis SIDA Tin and Tantilite processing co-operative

Uis 064 504 160

I.Taurob Senior councillor – Dauredaman Traditional Authority

Uis

V. Johannes Xoboxobos small miner

Tafelkop 081 393 2072

F. Festus Xoboxobos small miner

Tafelkop 081 371 2790

J. Mandume Xoboxobos small miner

Tafelkop (through)081 371 2790

P. Wedeinge Xoboxobos small miner

Tafelkop (through)081 371 2790

G. Muronga Xoboxobos small miner

Tafelkop (through)081 371 2790

S. Shigwedha Xoboxobos small miner

Tafelkop (through)081 371 2790

G. Augustus Xoboxobos small miner

Tafelkop (through)081 371 2790

Jacob. Paulus Xoboxobos small miner

Tafelkop (through)081 371 2790

Justus. Paulus Xoboxobos small miner

Tafelkop (through)081 371 2790

R. Greeff Xoboxobos small miner

Tafelkop 081 421 6010

A. George Neuschwaben small miner

Neuschwaben 081 335 6824

M. Kleynhans Otjua mine Kristalgalerie owner

Karibib / Swakopmund

O. Pragt Rocks & Gems jewellery shop owner

Windhoek 061 235 560

E. Gann Goldsmith: Gold Ideas Windhoek 061 250 448 Claudia Gemstone collector and

dealer (House of Gems)Windhoek 061 225 202

B. Thekwane Assistant director, Rössing Foundation

Arandis 081 122 9382

M. Kogel Owner, Ameib Ranch Erongo Mountains 064 530 803 I. Smith Co-owner, Stonetique,

Gemstone and crystal dealer

Swakopmund

L. Mulele Deputy director – Windhoek 061 284 8251

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Name of stakeholder Organisation Area Telephone number Mining, Ministry of Mines and Energy

L. Tsaraes Brandberg small mining co-operative

Uis 081 294 1079

K.Gurirab Uiba-aos market trader Spitzkoppe 081 230 9010 C. Timbo ERSMA chairman Onimbingwe 081 303 3033 M. Mbuende Usakos small miner Usakos 081 465 4489 G. Mungendje Small miner Omatjete 081 212 7818 J. Brukeni ERSMA member Windhoek 081 447 0457 H.Noris Small miner Karibib 081 447 0457 B. Naftali Small miner Karibib 081 444 8609 J. Shimweneni Small miner Xoboxobos none R. Abrams Small miner Uis 081 411 1075 I.Hondjera Small miner Karibib none E.Hiskia Small mining co-

operative treasurer Karibib 081 381 2089

V. Guriras Small mining co-operative treasurer

Omaruru 081 603 4129

P. Muja Small miner Karibib 081 476 0894 H. Gaweseb Small miner Uis 081 360 6486 C. Brukeni ERSMA member Windhoek 081 297 3975 A. Palfi Miner and crystal

dealer Windhoek 081 124 6646

T. !Gonteb Erongo Regional Council

Swakopmund 064 410 5708

M. von Francois ERSMA member Omaruru 81 254 0824 A. Kumundy Small miner Karibib 081 321 1709 G. Nariseb Small miner Karibib None K. Mathers Small miner (incorrect number

given) S. Axel Nima Windhoek 081 204 9614 R. Kooper Uis small miner Uis None K. Heino Finnish business

partner Finland +35850 371 5030

C. Moono Namibian Chamber of Commerce and Industry

Windhoek 061 288 009

K. Gurirab Spitzkoppe junction trader

Usakos 081 230 9000

L. Simon Leeu rivier small miner Karibib None P. Ondingo ERSMA Swakopmund 064 403 948 D. Isaak Chief control officer,

Mineral Rights, Ministry of Mines and Energy

Windhoek 061 284 8341

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Appendix 2:  Copy of newspaper articles used in the stakeholder engagement process 

Republikein 5 February 2010 5.02.2010

Kleinmyners se bedryf kry nuwe riglyne

Kleinmyners verkoop gesteentes op Uis. KLEINMYNERS in die Erongostreek kan binnekort uitsien na hulle eie werksriglyne om hul maatskaplike- en ekologiese invloede op die omgewing te verminder, maar hulle terselfdertyd te bemagtig om die natuurlike hulpbronne beter te benut. Die Suider-Afrikaanse Instituut vir Omgewingstudies (SAIEA) is deur die Nasionale Beplanningskommissie se program vir die verligting van armoede in landelike gebiede aangewys om ’n ontleding van die kleinmynnywerheid in die Erongo-streek te doen. Kleinskaalmynaktiwiteite in die streek konsentreer hoofsaaklik op die ontginning van edelstene, halfedelstene en mineraalkristalle wat in die granietkoppe gevind word. Namibië is wêreldwyd bekend as die “skatkis” van onder meer die Erongo-berg se akwamaryn en swart toermalyn, Xobobos-rookkwartssepters, Karibib-toermalyn en Wilhelmstal-granaatstene. Die gesteentes word deur individue of klein groepe van myners ontgin deur innoverende, maar eenvoudige

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maniere deur middel van kleims wat by die Ministerie van Myne en Energie geregistreer is. Deur die jare is baie gedoen om die myners toe te rus met vaardigheidontwikkling en veiliger praktyke in hul werk. Die ontginning van die hulpbronne hoewel op klein skaal, het die potensiaal om ’n volhoubare leefstyl vir gemeenskappe te voorsien. Die ondersoek wat SAIEA doen, is om te bepaal wat die omvang van die kleinskaalmynaktiwiteite in die streek is en hoe dit die omgewing beïnvloed. Daarna sal maniere om die invloede te verminder by werksriglyne ingewerk word en kleinskaalmyners sal daarvolgens moet werk. “Die myners het deur die jare meer omgewingsbewus geword en het die versekering nodig dat hul brood en botter nie die omgewings of gemeenskappe beskadig waar ontgin word nie. Bykomend wil skenkersgemeenskappe weet dat die kleinskaalmyners wat hulle ondersteun nie onvolhoubaar of nie-omgewingsvriendelik optree nie. Daarom is die werksriglyne ’n belangrike vereiste,” sê mnr. Morgan Hauptfleisch, hoofwetenskaplike by SAIEA. In die proses sal belanghebbendes oor ’n breê spektrum genader word. Dit sluit onder meer die kleinmyners en mineraalversamelaars, skenkersorganisasies, grondeienaars en die plaaslike en tradisionele owerhede in. Enigeen wat belang het hierby of ’n mening wil lug oor die positiewe of negatiewe invloede van kleinmyners, kan mnr. Hauptfleisch by 061 220 579 of morgan.hauptfleisch@saiea.com kontak. Republikein 25 February (Erongo Supplement)

Republikein 1 March 2010

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101

Appendix 3: Draft Code of Practice for Small­scale mining in the Erongo region 

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103

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105

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