Metal and Diamond Mining Effluent Regulations

27.1 (1) The owner or operator of a mine shall submit to the Minister for approval a compensation plan and obtain the Minister’s approval of that plan before depositing a deleterious substance into a tailings impoundment area that is added to Schedule 2 after the coming into force of this section.

(2) The purpose of the compensation plan is to offset for the loss of fish habitat resulting from the deposit of a deleterious substance into the tailings impoundment area.

(3) The compensation plan shall contain the following elements:

• (a) a description of the location of the tailings impoundment area and the fish habitat affected by the deposit;

• (b) a quantitative impact assessment of the deposit on the fish habitat;

• (c) a description of the measures to be taken to offset the loss of fish habitat caused by the deposit;

• (d) a description of the measures to be taken during the planning and implementation of the compensation plan to mitigate any potential adverse effect on the fish habitat that could result from the plan’s implementation;

• (e) a description of measures to be taken to monitor the plan’s implementation;

• (f) a description of the measures to be taken to verify the extent to which the plan’s purpose has been achieved;

• (g) a description of the time schedule for the plan’s implementation, which time schedule shall provide for achievement of the plan’s purpose within a reasonable time; and

• (h) an estimate of the cost of implementing each element of the plan.

(4) The owner or operator shall submit with the compensation plan an irrevocable letter of credit to cover the plan’s implementation costs, which letter of credit shall be payable upon demand on the declining balance of the implementation costs.

(5) The Minister shall approve the compensation plan if it meets the requirements of subsections (2) and (3) and the owner or operator has complied with subsection (4).

(6) The owner or operator shall ensure that the compensation plan approved by the Minister is implemented.

(7) If the measures referred to in paragraph (3)(f) reveal that the compensation plan’s purpose is not being achieved, the owner or operator shall inform the Minister and, as soon as possible in the circumstances, identify and implement all necessary remedial measures.