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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.6 Obligations of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.6(d) Environmental Impact Mitigation, Safety and Security

Authorised Processing Facility licensees may be subject to obligations to prepare an environmental impact assessments and an environmental impact management and mitigation plan, and to implement the plan once approved by the environmental regulation authority. Although Authorised Trader/Dealers and Transporters are not expected to be subject to environmental impact assessment studies as a prerequisite for conducting operations under their licences, they and Authorised Processing Facilities will be subject to obligations to follow certain rules to guard against or mitigate the impact of their activities on the natural and social environment, as well as rules on security, safety and hygiene. This section refers to those rules, which may be in the environmental legislation or regulations applicable in the jurisdiction, or in health and safety law and regulations applicable to all commercial establishments, or in regulations under the mining law, and should reflect, among other things, climate change commitments of the host state.

35.6(d) Example:

Article [_]

(1) If applicable, Authorised Processing Facility licensees shall implement their environmental impact management and mitigation plans that have been approved by the environmental regulation authorities, perform the required monitoring and evaluation, submit the related reports as required by regulations and take all necessary remedial measures.

(2) All Authorised Processing Facility licensees shall comply with standards and procedures for security, safety and hygiene as set forth in the regulations with respect to:

(a) stockpiling, warehousing and handling of development minerals, chemicals and mineral products;

(b) operation of machinery and equipment;

(c) control of toxic and particulate emissions and dust;

(d) disposal of chemicals, fuels and lubricants;

(e) prevention and control of fire and explosions;

(f) storage, treatment and usage of water; and

(g) site access, appearance, maintenance and eventual restoration.

Article [_]

Authorised Trader/Dealer licensees shall comply with standards and procedures for security, safety and hygiene as set forth in the regulations with respect to stockpiling, warehousing and handling of development minerals and mineral products.

Article [_]

Authorised Transporter licensees shall comply with standards and procedures for security, safety and hygiene as set forth in the regulations with respect to:

(a) stockpiling, warehousing and handling of development minerals and mineral products;

(b) transportation of development minerals and mineral products;

(c) driver training, preparedness and safety;

(d) vehicle operation and maintenance; and

(e) vehicle security and safety.

Annotation

The example establishes the principle that all Authorised Processing Facility and Authorised Trader/Dealer and Authorised Transporter licensees shall be subject to regulations for environmental protection, security, safety and hygiene. It contains a section for each type of licensee, listing the respective subject of regulation to which they are subject.

Some Authorised Processing Facility licensees may be subject to environmental impact assessment and environmental permitting requirements under the environmental laws and regulations of the jurisdiction. The section on Authorised Processing Facility licensees requires that they implement their approved environmental management and mitigation plans and the related required monitoring and evaluation.

Authorised Processing Facility licensees have the most obligations, because they construct, operate and maintain industrial processing facilities.

Authorised Trader/Dealer licensees have the fewest environmental obligations because their activities have the least impact on the environment.

The common obligation among all three types of licensee is the obligation to comply with standards and procedures for security, safety and hygiene with respect to stockpiling, warehousing and handling of development minerals and mineral products.