GREEN MINING, A SUSTAINABLE PATHWAY IN AFRICA’S ENERGY TRANSITION: LEGAL AND POLICY CONSIDERATIONS FOR PROMOTING GREEN MINING IN AFRICA

INTRODUCTION

Africa is home to 30% of the world's mineral reserves, including critical minerals such as cobalt, lithium, manganese, and rare earth elements. These minerals are essential for manufacturing batteries, solar panels, wind turbines, and other renewable energy infrastructure. As the global shift towards renewable energy intensifies, the demand for these minerals has surged. The World Bank estimates that the production of minerals critical for green technologies will need to increase by nearly 500% by 2050 to meet climate change mitigation targets. This sets the stage for Africa to play a pivotal role in the global energy transition through green mining practices. However, leveraging this potential requires overcoming significant challenges in local processing capabilities, ensuring sustainable mining practices, and integrating into global value chains. As Africa navigates these challenges, green mining could transform the continent's economic landscape, fostering industrial growth and job creation, while contributing to global environmental goals.

GREEN MINING IN AFRICA

Modern society's foundation rests on the utilization of minerals and metals. The current shift from fossil fuels to technologies reliant on these resources for electrification, renewable energy generation, electric mobility, and innovative energy storage solutions underscores their growing significance. For the minerals industry, the energy transition is altering how mining is powered, with significant implications for building the African mining supply chains, and affecting which minerals are in greatest demand. The minerals critical to the energy transition are copper, lithium, nickel, manganese, cobalt, graphite, chromium, molybdenum, zinc, silicon and rare earth elements. Steel and aluminium are ubiquitous metals used throughout traditional and energy transition industries. The World Bank forecasts that the production of these minerals would need to increase by nearly 500% if investment in renewable energy and other green technologies were ramped up to the levels required to avoid the worst impacts of climate change.Green Mining promotes materials and energy efficiency, which reduces the environmental footprint of mineral-based product life cycles.?

Africa is home to vast reserves of minerals essential for the energy transition and green industries. The continent holds 30% of the world's mineral deposits, which are crucial for green technology manufacturing. The Democratic Republic of Congo (DRC) produces 70% of the world’s cobalt, Zambia is Africa’s second-largest copper producer, and South Africa possesses the largest manganese reserves. Globally, Africa accounts for 6% of copper, 53% of cobalt, 25% of bauxite, 21% of graphite, 46% of manganese, 35% of chromite, 79% of phosphate rock, and 91% of platinum group metals. Although not a major lithium producer yet, Zimbabwe and Mali mine this mineral, with Namibia, Ghana, and the DRC also having resources. Additionally, rare earth elements (REEs) are mined in Angola and Burundi, with ongoing projects in Malawi, South Africa, Tanzania, Madagascar, Morocco, and Mozambique.

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Africa's involvement in the global value chains for green and transition minerals primarily revolves around the early stages of exploration, extraction, and initial processing. Key minerals such as battery-grade manganese, nickel, and vanadium electrolyte for flow batteries are extracted and processed in limited quantities across the continent. These minerals are essential for the production of green technologies like lithium-ion batteries and renewable energy storage solutions. Currently, the production of lithium-ion batteries in Africa is predominantly focused on assembling battery packs and integrating them into various applications such as remote power systems, telecommunications, and security systems. However, the actual battery cells used in these assemblies are often imported. South Africa stands out as a leader in manufacturing specialized equipment for mining, logistics, and transport that utilize lithium-ion cells, as well as in constructing off-grid renewable energy projects with locally assembled lithium-ion battery storage systems. In terms of electric vehicles (EVs), Africa is witnessing a burgeoning industry led by innovative entrepreneurs. Companies across the continent, such as Kira Motors in Uganda, are pioneering the conversion of internal combustion engine vehicles into electric ones. Similarly, the electric motorcycle sector is rapidly growing, with companies like Ampersand in Rwanda, MAX in Nigeria, and Agilitee in South Africa leading the charge.

Mining companies are responding to the need to mitigate the climate impacts of mining and mineral processing by adopting decarbonisation strategies. For instance, Anglo Platinum in South Africa is testing a green hydrogen fuel cell and battery-powered heavy haul truck. Anglo American aims to convert its global fleet of 300 diesel-powered heavy haul trucks to hydrogen power by 2030. Additionally, Kamoa Copper in the DRC has signed a second memorandum of understanding with the state-owned power company La Société Nationale d’Electricité (SNEL) to expand the electricity supply from hydropower plants. Once upgraded, SNEL will provide 240 MW of sustainable electricity to the Kamoa Copper mining complex and its planned smelter, supporting future expansions.

The integration of advanced technologies like machine learning, artificial intelligence, cloud computing, and robotics is poised to revolutionize Africa's mining industry through enhanced process automation. This advancement enables real-time monitoring of minerals and metals across mines and processing plants, empowering mining companies to simulate and optimize mining designs before implementation, thus reducing costs and improving operational efficiency and safety. Concurrently, innovative mining techniques such as in-situ leaching are minimizing environmental impacts, while investments in modern mining practices and rehabilitation, including afforestation, aim to mitigate soil erosion and vegetation disturbance. Embracing sustainable mining practices also involves reusing mining waste for effective land and waste management and repurposing tailings as mine back-fill material. As global demand for critical minerals rises, these technological and sustainable advancements not only promise to boost productivity but also to strengthen the environmental and economic sustainability of Africa's mineral sector, supported by a transition to renewable energy sources like solar, wind, and hydroelectric power to reduce the industry's carbon footprint.

For developing countries, critical minerals are a critical opportunity to create jobs, diversify economies, and dramatically boost revenues. But only if they are managed properly. Thus, it is imperative to consider policies that seek to balance the economic benefits of mineral extraction with the imperative to protect environments and communities.?

LEGAL AND POLICY CONSIDERATIONS FOR PROMOTING GREEN MINING IN AFRICA

Promoting green mining in Africa involves navigating through various legal and policy considerations to ensure sustainable and environmentally friendly practices. Some of these key considerations include:

• Strengthening Environmental Regulations and Compliance: To promote green mining in Africa, it is crucial to enhance existing environmental regulations and ensure robust compliance mechanisms. Many African countries have environmental laws in place, but enforcement remains a challenge, due to various factors such as limited resources and capacity. Governments should revise and update their mining laws to incorporate specific provisions for green mining practices. This includes stricter environmental impact assessments (EIAs) that comprehensively evaluate the potential environmental and social impacts of mining activities before granting licenses. These assessments should consider cumulative impacts over the long term, ensuring sustainable development. Governments should also establish independent monitoring bodies or strengthening existing regulatory agencies to oversee compliance with environmental standards through regular audits and inspections to ensure adherence to environmental mitigation measures and implementing penalties for non-compliance that are substantial enough to deter violations effectively. These penalties should be proportional to the environmental damage caused by mining activities and enforced consistently across all mining operations.

• Sustainable Resource Management and Conservation: African Governments should incorporate mandatory land reclamation and rehabilitation plans into mining licenses. These plans should outline specific measures for restoring mined areas to their natural or productive states after the completion of mining activities. Governments can provide incentives such as tax breaks or financial support to encourage compliance with these plans. Sustainable water management practices should also be promoted by requiring mining companies to adopt technologies that minimize water usage and pollution. This includes investing in water recycling systems and implementing stringent controls on discharges into water bodies to protect local ecosystems and communities' access to clean water.? Also, biodiversity conservation should be encouraged through the establishment of protected areas and corridors around mining sites. Governments should collaborate with environmental NGOs and local communities to identify biodiversity hotspots and implement measures to safeguard them from the adverse impacts of mining activities.

• Enhancing Community Engagement and Social Responsibility: African Governments should Integrate community consultation and consent processes into mining approval procedures. This ensures that affected communities have a voice in decision-making processes and can negotiate agreements that prioritize their interests and well-being. There should be Implementing benefit-sharing mechanisms that ensure local communities receive equitable socio-economic benefits from mining activities. This can include revenue-sharing agreements, job training programs, and investments in local infrastructure and social services to enhance community development and resilience. Also, Governments should establish grievance mechanisms that allow community members to raise concerns and seek redress for any adverse impacts of mining activities. Governments should ensure these mechanisms are accessible, transparent, and responsive to community needs, fostering trust and cooperation between mining companies and local stakeholders.

• Promoting Technological Innovation and Adoption: This involves providing financial incentives such as tax credits, subsidies, or research grants to mining companies that invest in and adopt innovative technologies for energy efficiency, renewable energy integration, and waste reduction. African Governments should also facilitate technology transfer and knowledge sharing through partnerships between governments, private sectors, and international organizations. This includes promoting research and development collaborations that tailor green mining technologies to local environmental conditions and resource constraints. Also, Governments can collaborate with industry associations and academic institutions to evaluate the performance and scalability of green mining technologies in African mining contexts.

• Strengthening International Partnerships and Collaboration: African Governments should implement policies that encourage forging partnerships with developed countries, international organizations, and multilateral development banks to access funding, expertise, and technical assistance for implementing green mining initiatives in Africa. Governments should also engage in knowledge exchange and capacity-building initiatives that enhance African countries' ability to implement and enforce green mining policies effectively. This includes training programs, workshops, and study tours that facilitate learning from global best practices and experiences.

• Strengthening Institutional Capacity and Governance: Effective governance and institutional capacity are critical for ensuring the implementation and enforcement of green mining policies. African Governments should Invest in training programs for government officials, regulators, and mining industry professionals to enhance their understanding of environmental management, sustainable mining practices, and regulatory compliance. This involves establishing independent bodies or strengthening existing regulatory agencies tasked with overseeing the mining sector, and implementing transparency measures such as public disclosure of mining contracts, environmental impact assessments, and financial contributions from mining companies.?

• Financial Mechanisms and Incentives: African Governments should develop and implement financial instruments such as green bonds or loans specifically tailored for green mining projects. They should also provide preferential interest rates or tax incentives for investments in renewable energy, water recycling systems, and other environmentally friendly technologies. Governments can collaborate with mining companies, financial institutions, and development partners to co-finance sustainable mining projects and share risks and rewards.

CONCLUSION

Green mining represents a transformative approach for Africa's mining sector, offering a sustainable pathway amidst the continent's energy transition challenges. By embracing green mining principles, African nations can mitigate environmental risks associated with conventional mining practices, while leveraging their abundant mineral resources to foster economic growth and achieve sustainable development goals. This shift necessitates robust legal and policy frameworks that prioritize environmental stewardship, community engagement, and technological innovation. Strengthening environmental regulations through rigorous environmental impact assessments and stringent compliance measures is essential to ensure that mining operations minimize their ecological footprint.

This paradigm shift towards responsible mining practices is not merely a moral imperative but also a strategic opportunity to unlock long-term socio-economic benefits. By preserving biodiversity, safeguarding ecosystems, and enhancing resource efficiency, Africa can sustainably harness its natural wealth for generations to come. Through concerted efforts in policy innovation, promoting the adoption of green technologies, and fostering international collaboration, African countries can pave the way for a greener, more resilient mining sector.

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Supra SAIIA Africa’s mineral resources are critical for the green energy transition at https://saiia.org.za/research/africas-mineral-resources-are-critical-for-the-green-energy-transition/

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Supra Approach Paper towards preparation of an African Green Minerals Strategy at https://afdb.org/sites/default/files/documents/publications/approach_paper_towards_preparation_of_an_african_green_minerals_strategy.pdf

Supra Approach Paper towards preparation of an African Green Minerals Strategy at https://afdb.org/sites/default/files/documents/publications/approach_paper_towards_preparation_of_an_african_green_minerals_strategy.pdf

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