Sustainable Development and Mining in Sierra Leone

Based on a PhD thesis, with a focus on Sierra Leone, this book explores the conflicts between pursuing mining activities to foster economic development and protecting the environment in which such activities take place. This study presents sustainable development as valuable recipe, by which mining ventures could be pursued as an economic imperative (to meet the needs of present and future generations), while protecting the environment and its components in the pursuit of such developments. The study shows that despite the definitional questions, sustainable development has direct and primary relevance for environmental protection in the economic exploitation of natural resources. It identifies a legal character in the concept beyond legislative processes, and a flexibility in its principles that allows for their interpretation within legal rules to enhance environmental protection at the national level. It also illustrates the link between effective implementation and ensuring sustainable mining.

Acknowledgements List of Abbreviations A. Introduction (i) General Overview (ii) The Purpose of the Study (iii) Why the Choice of Sierra Leone's Mining Industry (iv) Methodology Chapter 1 Extra Legal Factors of Mining in Sierra Leone 1:1 Introduction 1:2 Sierra Leone's Terrain and Minerals Potential 1:3 The Place of Minerals in the Economy 1:3:1 1920s-1990s Developments 1:3:2 Mining and Politics 1:3:3 The International Dimension 1:3:4 Highlights of Social and Environmental Impacts Social Aspects of Mining Environmental Impacts 1:4. Mining, Economic Growth and Economic Development 1:5 Current Mining Trends Conclusion Chapter 2 Sustainable Development in International Law 2:1 Introduction Part A 2:2 Review of Evolution, Definition and Legal Aspects of the Concept of Sustainable Development 2:3 Sustainable Development: Formulation, Definition and Meaning 2:3:1 Overcoming the scepticism in the Rio Formulation 2:3:2 Dealing with the Definitional Question 2:3:3 Sourcing a Workable Interpretation and Practical Meaning 2:4 Legal Character of Sustainable Development 2:4:1 Legal Nature: Legality and Obligation 2:4:2 Legal Status: Legality Through Usage or Recognition 2:4:3 Legal Effects: Legality by Transposition or Application 2:5 Other Developments on the Concept Since Rio 2:5:1The ICED (Draft) 2:5:2 The ILA New Delhi Declaration 2:5:3 The Johannesburg Summit Agenda for Sustainable Development Part B 2:6 National Implementation of the Concept of Sustainable Development 2:6:1 Design for Domestic Adaptation and Implementation Localisation: Nationalising the Concept Legalisation: Legislation, Regulation, Enforcement and Compliance Institutionalisation Conclusion Chapter 3: Elaboration of Aspects of Sustainable Development Most Relevant To the Environment 3:1 Introduction 3:2 Principles Relevant for Sustainable Development Activities 3:2:1 Environmental Protection 3:2:2 Integration of Environment and Development 3:2:3 Intergenerational Equity 3:2:4 Intragenerational Equity 3:2:5 Sustainable Utilisation or Employment of Natural Resources 3:2:6 Polluter-Pays Principle 3:2:7 Precautionary Principle 3:2:8 Environmental Impact Assessment 3:2:9 Public Participation Conclusion Chapter 4 Sustainable Development and Mining 4:1 Introduction Part A 4:2 Applicability of the Concept of Sustainable Development to Mining 4:3 Principles of Sustainable Development in Mining 4:3:1 Protection of the Mining Environment 4:3:2 Securing the Interests of Present and Future Generations in Mining 4:3:3 Recognising 'Integration', 'Polluter-Pays' and 'Precautionary' Principles 4:3:4 EIA: Prerequisite for Mineral Developments 4:3:5 Defining a Role for the Public in Mining 4:3:6 Sustainable Use of Resources in Mineral Production Processes Part B 4:4 Summary of the Components of Sustainable Development Identified Generally in International Law, and Specifically in Relation to Mining Conclusion Chapter 5 Sustainability in Mining Laws of Sierra Leone 5:1 Introduction Part A 5:2 The Minerals Act, Environmental Provisions and Sustainability Conclusion Part B 5:3 Mining Agreements and Environmental Regulation 5:3:1The Rutile Agreement 5:3:2 The Diamond Agreement Conclusion Part C 5:4 The Environment in Petroleum Development 5:4:1 The Petroleum Legislation in sustainability Perspective 5:4:2 The Model Petroleum Agreement of Sierra Leone Modeling Sustainable Development Conclusion Chapter 6: Promoting Sustainable Development in Mining Through other Legal Controls 6:1 Introduction Part A: Laws Specially Designed in Environmental Protection 6:2 The EPA: Structure and Nature of Environmental Protection 6:2:1 Protection through Formal EIA Procedure The EIA Statement Requirements for Public Participation Determination of the Environmental Statement 'EIA Licenses' As Mechanism of Environmental Regulation 6:2:2 Protective Provisions outside the EIA Process 6:3 Environmental Protection through Nature Conservation 6:3:1 The Nature of Protection 6:3:2 Mechanism of Control 6:4 Forest Protection Efforts and Mining 6:5 Protection Objectives and Management Control Conclusions Part B: Other Sectoral Regimes and Sustainability Issues in Mining 6:6 Environmental Protection through the Law of Planning 6:7 Public Health in the Mining Environment 6:8 Regulating Water Resources in Mining for Sustainability Conclusion Chapter 7: Implementation of Sustainable Development in Mining 7:1 Introduction 7:2 Localisation of Sustainable Development 7:2:1 Review and Analyses of Policy Frameworks 'Environment' in Mining Policy Environmental Policies The Constitution and Sustainability Other Sectoral Environmental Policy Commitments 7:2:2 Ensuring Progressive Implementation of Policy and Legal Objectives of Sustainable Development 7:2:3 Measurable Outcomes 7:2:4 Some General Policy, Decision-making and Sectoral Concerns 7:2:5 Facilitating Participation of Interest Groups Sectoral Administrations Local Communities NGOs and other Interest Groups Corporate Entities (iv)(a) Corporate Participation as Responsibility 7:3 Legalisation: Consolidating Sustainable Development Within the National Legal system 7:3:1 National Laws Review of Legislations Enforcement Judicial Processes Adjudicatory or Deliberative Processes 7:3:2 International Laws The Convention on Biological Diversity Analyses of Relevant Convention Obligations and Implementation The 1971 Ramsar Convention 7:4 Institutionalisation: Strengthening Institutional Structures to Adapt Sustainability Goals 7:4:1 The Environmental Department 7:4:2 Institutional Weaknesses Conclusion Chapter 8: General Conclusion Bibliography List of Cases List of Treaties and International Instruments List of National Instruments List of Field Trips List of Interviews