52
MINING FOR CLOSURE
With these points in mind, it is held that a tailored
framework for the SEE/TRB region is required
to support such endeavours. As the material pre-
sented in this document has demonstrated thus
far, much of the content for such a framework is
to be found throughout the world and many re-
spected stakeholders are involved in progressing
these issues. The task of these closing sections is
to combine those parts that best serve the needs of
jurisdictions in SEE/TRB.
5.1
meeting challenges
for economies in
transition
As starting point for meeting the challenges out-
lined above, a report produced in 1999 by the
(then) Principal Environmental Specialist, Euro-
pean Bank for Reconstruction & Development
(EBRD) Mehrdad M. Nazari. The report titled
Fi-
nancial Provisions for Mine Closure
(Nazari, 1999)
addressed the securing of mine closure funding
during the operational and profitable phase of
mining projects. It had the explicit aim of seeking
pathways for reducing the expectation or reliance
on governments and donors to address this issue.
It also sought to outline needs for a technical as-
sistance programme to be provided to participating
countries to assist them in developing the relevant
policy and regulatory framework.
Despite significant progress, particularly in the area
of reviewing and commencing the process of revising
legislative frameworks (cf. Peck, 2004 for an outline
of such steps inmany of the regional jurisdictions); as
this document has detailed, many of the points made
by Nazari are as valid today as they were in 1999.
The mining sector is a very important contribu-
tor to local and national economies, including in
central and eastern Europe (CEE) and the former
Soviet Union (FSU). However, in parts of CEE
and the FSU, the mining sector has often been
characterised by inappropriate planning, opera-
tional and post-operational practices, including
a lack of an adequate regulatory framework and
inadequate implementation of mine rehabilita-
tion and closure activities. In some of the regions
associated with significant mining activities, this
has resulted and continues to result in significant
adverse environmental and health and safety im-
pacts and related liabilities. As a result, donors
and international organisations and agencies are
frequently requested to provide financial assistance
to alleviate the most heavily impacted areas.
A programme to develop a policy and regulatory
framework for financial provisioning related to
mine rehabilitation and closure should be initi-
ated. This programme would be able to assist par-
ticipating countries in developing the required pol-
icy and regulatory framework to further promote
and implement long term environmentally sound
and sustainable development in the mining sector.
The programme would also contribute to reducing
the uncertainties associated with post-operational
practices, and potentially related adverse environ-
mental impacts and costs. It would also facilitate
the introduction of a standardised approach to this
issue, establishing a ‘level playing field with fixed
goal posts’ for regulators, investors, mining com-
panies, and operators.
84
The implementation of
such a successful policy and regulatory framework
would reduce the expectation and need to rely on
governments and donors for financial assistance,
effectively ‘bailing out’ the most severely impacted
areas suffering from long term mining impacts.
While the World Bank Group and other funding
groups such as the Global Environment Facility
(GEF)
85
are deeply involved in projects in the re-
gion
86
such levels of loan support will be difficult, if
not impossible to replicate throughout the region.
The challenges must substantially be met from
within the Nation states. This challenge will call for
a range of innovative and flexible solutions. It is
likely that new ideas – not yet conceptualised, de-
veloped or tested elsewhere – will need to be pio-
neered in the region.
84. A point strongly supported by the citation from the Govern-
ment of Ontario in Section 2.3.1.
85. The Global Environment Facility (GEF), established in 1991,
helps developing countries fund projects and programs that pro-
tect the global environment. GEF grants support projects related
to biodiversity, climate change, international waters, land deg-
radation, the ozone layer, and persistent organic pollutants. See
http://www.gefweb.org/.86. For instance Sora (2005) reports that loans to the tune of USD
15.25 million have been secured (5.64m from the WBG, 6.24m
from GEF) to deal with immediate needs to reduce the risk of
catastrophic mining accidents, aiming to protect the integrity of
the Danube and Black Sea basins Work on three “hotspots” (in-
cluding Rosia Poeini and Bai Borsa) are to be implemented over
5 years (October 2004 – December 2009). National Agency for
Mineral Resources is responsible for its implementation and will
work closely together with Ministry of Economy and Commerce,
Ministry of Environment and Water Management, mine opera-
tors, local authorities, designers, local communities.