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MINING FOR CLOSURE 27
and is of special relevance to this discussion.51 In its
more than 500 pages, it addresses activities related
to tailings and waste-rock management for ores that
have the potential for a significant environmental
impact. In particular, the work sought out activities
that can be considered as examples of “good prac-
tice”. The intent of the document is to raise aware-
ness of such practices and promote their use across
all activities in this sector. It covers waste from all
sectors of the extractive industry and specifically fo-
cuses on operational issues connected with waste
management, prevention of soil and water pollu-
tion, and the stability of waste management facilities
with a particular focus on tailings ponds.
In the Directive, conditions to be attached to op-
erating permits are detailed. These are intended
to ensure that sufficient environmental and safety
measures are in place in order for waste manage-
ment facilities to receive authorization. There will
be requirements that waste be classified before dis-
posal and the method of management be chosen to
suit to its particular characteristics and ensure the
long-term stability of the heaps and ponds used for
permanent storage of large amounts of waste. An-
other key provision is that operators of waste man-
agement facilities should draw up closure plans
as an integral component of the overall operating
plan. Proper monitoring will also be required dur-
ing both the operational and the after-care phases.
Further, and again important to discussions listed
in Section 2.3.1, the proposal contains an obligation
to provide for an appropriate level of financial se-
curity to reinforce the “polluter-pays” principle. It
will be required that sufficient funds be available to
leave waste sites in a satisfactory state after closure.
Provisions will be made to cover situations such as
those where a company goes into receivership, be-
comes insolvent or even engages in asset-stripping.
Miller (2005, p23), indicates that once the directive
is finalized, European countries would be required
to amend any existing requirements for mine recla-
mation and associated financial assurance to agree
with its terms. As with most EU environmental ini-
tiatives of the commission, the industry position as
represented by that author is at this stage wary.
For the future development of mines in European
countries it is important that the new directive rep-
resents the appropriate degree of integration of en-
vironment and economy. There is a need to apply
the provisions with the appropriate care in order
not to jeopardize the survival of companies and
thus avoid the environmental and social problems
associated with unanticipated closure.
As has been indicated, the measures in the proposal
are to act as a complement to those outlined in the
Seveso II Directive 96/82/EEC on the control of ma-
jor-accident hazards involving dangerous substances.
As such, they include the establishment of a major-
accident prevention policy and a safety management
system. Demands regarding public information are
Uncontained mine wastes – Gold mining area,
Romania
Photograph by Philip Peck
51. The report details of all BREFs are available for download at