Metal and Diamond Mining Effluent Regulations

5 (1) Despite section 4, the owner or operator of a mine may deposit or permit the deposit of waste rock, acutely lethal effluent or effluent of any pH and containing any concentration of a deleterious substance that is prescribed in section 3 into a tailings impoundment area that is either

• (a) a water or place set out in Schedule 2; or

• (b) a disposal area that is confined by anthropogenic or natural structures or by both, other than a disposal area that is, or is part of, a natural water body that is frequented by fish.

(2) The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28.

(3) For the purposes of this section, any acutely lethal effluent is prescribed as a deleterious substance.