and cyanide) on both the biophysical environment and the human environment. Plainly put, the environmental impact assessment is a reference document for the State to ensure a better assessment and control of the said impacts without affecting local wealth creation. 180. Chemicals are among the dangerous products which, as a result of the risks associated with them, are distributed into 12 categories in conformity with Article 3 of Decree No. 70-98 MTP/T/MU of 27 March 1970 on the land transportation and handling of dangerous or infected matter. In accordance with Article 5 of the above-mentioned Decree, the transportation of the substances under Article 3 is subject to the prior authorization of the head of department of mines, without prejudice to authorizations provided for by other regulations, particularly the transport code and the Highway Code. According to the provisions of Article 29 of Decree No. 2006-265/PRN/MME of 18 August 2006 on the modalities for the application of the Mining Act, every company is required to conduct an environmental impact assessment before obtaining its exploitation permit. The assessment will take the chemicals to be used in the processing of ore into consideration by highlighting the impacts as well as the attenuating measures associated with the use of these products. 181. The regulations define the storage of this type of waste through Articles 7 and 8 of Order No. 000139/MME/DEMPEC of 6 October 2010. This order enacts the technical prescriptions for facilities processing gold panning waste through the use of chemicals in application of Article 45 of Decree No. 265- 2006/PRN/MME of 18 August 2006 on the modalities for the application of the Mining Act which provides for the following:  a cyanide management plan which should include measures to minimize the use of cyanide and cyanide concentrates in the residue from the ore processing plant;  cyanide management preventive measures to minimize the risks of contamination or seepages into the environment (surface water and underground water) during dike breaches, piping, etc.;  a piping and works surveillance and inspection programme, and  implementation of a programme to protect birds and all animal life which could be affected by open air cyanide solutions. 182. Devices should be installed to avoid any type of soil contamination by cyanide solutions. However, Article 70 of the environmental code in particular provides that “harmful and dangerous chemical substances which, as a result of their toxicity, radioactivity or concentration in the biological chains, present or are likely to present a danger to man, the fauna, flora and the environment in general, where they are produced, imported into the national territory or evacuated in the environment, shall be subject to the control and surveillance of the relevant technical departments in collaboration with the Ministry of the Environment.” 183. In the area of surveillance by the Administration, Article 122 of Heading IX of the Mining Act provides that the engineers and sworn officials of the department of mines are tasked with the administrative and technical surveillance of works relating to the prospecting for and exploitation of mineral substances and their dependencies. They contribute to the monitoring of the application of the labour law and regulations in the companies covered by this Ordinance. In that regard, they have the powers delegated to the labour inspectors and jointly with them by the Labour Code. They ensure that mineral substances are exploited in accordance with the law and that they generally ensure: 46

Select target paragraph3