Regulating mine rehabilitation as a potential climate change mitigation activity

Abstract

Climate change has proven to be a destructive global phenomenon with widespreadenvironmental consequences that require urgent mitigation. In response to this urgency, the international community has develop various treaties to mitigate climate change. These treaties include the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement. One of the causesof climate change is the emission of various greenhouse gasses, and the mining sector is the major contributor to these emissions globally. These emissions are a result of mineral extraction and the processing stages involved in processing such minerals. In the South African context, the effects of climate change are evident from climate events such as the heavy rainfall in 2022 in KwaZulu-Natal that led to over 400 fatalities. Despite South Africa's commitment to climate change mitigation efforts by means of various laws and policies, there is a significant challenge in the mining sector since the country has over 6 100 unrehabilitated and abandoned mines. This is concerning because these mining sites, especially coal mines, continue to emit methane, a second greenhouse gas after carbon dioxide. This continues to occur even after the mine has ceased to be active. Although South Africa has put climate change mitigation measures in place, mine rehabilitation is not regulated as a climate change mitigation activity. Despite the requirement under South African law for financial provision to ensure that money is set aside for rehabilitation, thousands of mines remain unrehabilitated. Against this background this study argues that mine rehabilitation, with an emphasis on coal mines, can potentially be a climate change mitigation activity. Rehabilitating these mines will prevent ongoing methane emission, thereby partially contributing to South Africa's broader climate change mitigation efforts. The research was done by adopting a desktop study methodology, supported by quantitative visuals to explore mine rehabilitation as a potential climate change mitigation activity.