INSIGHT •
A MINE IS A TERRIBLE THING TO WASTE
Supplied by NSDV Law
TSFs are structures built to store the leftover materials and waste from mining operations, colloquially known as tailings. These facilities are critical components of the mining lifecycle, storing the fine particles and water slurry produced during mineral processing. TSFs represent significant environmental, social and safety risks, particularly if not managed effectively. South Africa, with its vast mining industry, is home to an extensive network of TSFs, some of which are among the largest in the world.
What value do tailings offer? The value of TSFs is increasingly prominent in the modern era as technological advances enable the profitable extraction of valuable minerals from historic mine waste. These facilities, once viewed solely as environmental liabilities, are increasingly recognised as valuable ore bodies that can be re-processed using modern extraction methods and technologies to recover previously inaccessible minerals. The practice of re-mining or processing tailings not only creates new revenue streams but also offers environmental benefits by removing historic waste deposits and potentially harmful materials from the landscape. Essentially enabling mines to make more money and do more good.
What are the risks associated with TSFs? TSFs pose potentially devastating risks, primarily due to the potential for structural failure or mismanagement, leading to pollution of the surrounding areas. The disastrous collapse of the slimes dam( which is a type of TSF) in Jagersfontein in the Freestate is a recent example of how the mismanagement of TSFs can impact upon the environment and surrounding communities.“ The collapse of this slimes dam – a dam designed to store mining by-products – washed away homes and cars, flooding the town with a toxic torrent of mine waste and mud,” comments Lili Nupen – co-founder of NSDV Law and head of Environmental and Mining Law.“ The risks associated with TSFs, highlighted by the catastrophic collapse of the Jagersfontein slimes dam, have prompted the proposed amendments to the framework governing TSFs in South Africa,” she adds.
The recent collapse of the Sino Metals tailings dam in Chambishi on 18 February 2025 has undermined global safety efforts while exposing a critical paradox: our growing need for mining despite its dangers. The disaster released 50 million litres of acidic waste into the Mwambashi River, cutting off water access for 500 000 Kitwe residents and contaminating farmland already stressed by last summer ' s severe El Niño drought.
The balance between these risks and benefits is shaping the evolving regulatory landscape, with both international standards and local laws adapting to ensure that TSFs are managed more safely and sustainably.
So, what are we doing about it? Enter EIA amendments The proposed amendments to the Environmental Impact Assessment( EIA) Regulations, 2014, and the associated Listing Notices( Proposed EIA Regulation Amendments) were published for public comment in December 2024. The Proposed EIA Regulations amendments represent a significant shift in South Africa’ s approach to TSF management, reclassifying TSFs from a waste to a resource, reflecting their potential value rather than treating them solely as waste material.
Lili Nupen, co-founder of NSDV Law and head of Environmental and Mining Law.
Luca Maraschin, senior asscociate Mining & Environmental at NSDV Law.
Dominic Varrie, Mining &
Environmental, at NSDV Law. The proposed EIA Regulation Amendments work in tandem with NEMA by virtue of the
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