A CRITICAL REVIEW OF THE REGULATORY FRAMEWORK OF THE MINING OF TIGER'S EYE GEMSTONE.
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Abstract
Tiger’s eye (TE) mineral is currently mined on small scale mining in Griqualand West, Northern Cape Province. TE, a popular gemstone comprising an intergrowth of quartz and altered amphibole fibres, coexisting with crocidolite asbestos mineral within the Asbestos Hills Subgroup of the Ghaap group in the Transvaal Supergroup.[1] Mining and processing of asbestos has been banned in South Africa since 2008[2], which prompts the question of whether its restrictions overlap with the mining and processing of tiger’s eye. The major issue which raises legal and environmental implications is that mining of tiger’s eye within the Banded Iron Formation (BIF) of the Asbestos Hills Subgroup in Griqualand West Basin results in exposure of workers and the environment to the harmful crocidolite asbestos fibres.
Therefore, the study investigated whether the banning of asbestos mining include the prohibition of tiger’s eye mining and identify the legal and regulatory implications resulting from the mining. The DPSIR (Drivers, Pressures, State, Impacts and Responses) method was used to assess the implications of mining tiger’s eye in the context of sustainable extraction and use of the nation's mineral resources. The study recommends that the authorities should halt issuing mining rights and permits for tiger’s eye as it cannot be safely mined due to its coexistence with the banned crocidolite asbestos minerals.
[1]Mindat.org. (n.d.). Tiger’s Eye: Mineral information, data and localities. Retrieved October 18, 2021, from https://www.mindat.org/min-3960.htm
[2]Regulations for the Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos Containing Materials
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References
Mindat.org. (n.d.). Tiger’s Eye: Mineral information, data and localities. Retrieved October 18, 2021, from https://www.mindat.org/min-3960.htm
Regulations for the Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos Containing Materials
Kenan, A. O., Opperman, R., & Pieterse, L. (2018). A Report on Tiger’s Eye in the Griqualand West, Northern Cape.
Ledwaba, P. F. (2014). Tiger’s eye in the Northern Cape Province - potential for employment creation and poverty alleviation. The Journal of The Southern African Institute of Mining and Metallurgy, 114(11), 881–885. http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S2225-62532014001100005
Ibid
Section 2 of Regulation No. 341 of the Environment Conservation Act No. 73 of 1989.
Rasmeni, S., Chetty, D., Sebola, P., & Seripe, K. (2016). Tiger’s eye in the Northern Cape Province, South Africa-grading, distribution, small-scale mining, and beneficiation potential. Journal of the Southern African Institute of Mining and Metallurgy, 116(6), 587–592.
Myers, J. (1980). Asbestos and asbestos-related disease in South Africa.
Ibid
Phillps, J.I., Rees, D., Murray, J. & Davies, J.C.A. (2012). Mineralogy and malignant mesothelioma: The South African experience. Chapter 1.
Annegarn, H.J. & Scorgie, Y. (2002). “Air Quality – Chemistry and Physics of the Atmosphere. MSc Course Work Notes, University of the Witwatersrand.
Kwata et el., 2018/2019 FY Report. Dust and Air Quality Report. Council for Geoscience.
European Environmental Agency (EEA). 1997. Air Pollution in Europe.
According to Abatement Asbestos Regulations 2020: No. 1196 of Occupational Health and Safety Act No. 85 of 1993 and Directive 76/769/EEC on dangerous substances and preparations (Restrictions) Regulations of 2002.
Tigers’ Eye Control Amendment Act No 48 of 1979
Tigers’ Eye Control Amendment Act No 8 of 1981
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Section 24 of the Constitution of South Africa.
Sections 16(4)(a), 18(2)(c) & (3)(c), 22(4)(a), 24(2)(b) & (3)(d), 17(1)(c) & 23(1)(d) of the MPRDA.
Kenan, A. O., Opperman, R., & Pieterse, L. (2018). A Report on Tiger’s Eye in the Griqualand West, Northern Cape.