Publication Name

MINING FOR CLOSURE

or financial and insurance markets that adequately

address mine closure rules or funding because

such frames:

prevent delays in developing projects and in-

vestments in this sector,

ensure equitable distribution and internaliza-

tion of closure costs,

avoid the need for costly and time consuming tai-

lor-made solutions on a case-by-case basis, and

ensure that the best investor groups and min-

ers are attracted to national resources.

Broader environment and security related issues

In order to reduce transboundary environmental

and human safety risks posed by sub-standard

mining operations – both active and abandoned

– in the region.

how can these issues be pro-

gressed?

A major step forward would be the establishment

of detailed and consistent mine closure require-

ments and procedures across the region to replace

the general regulatory vacuum. For most countries

it appears that there are presently few or no appli-

cable laws, regulations, standards and norms.

104

According to the authors of

Research on Mine Clo-

sure Policy

(Cohilco: Chilean Copper Commission,

2002, p4) it seems that it works better to have an

independent mine closure law that establishes a

single agency for implementation. Such models

provide the business community with added con-

fidence that one agency will take the lead on its

problems and that it will not have to answer to

many differing opinions on how operation, rec-

lamation and closure success will be measured.

Further, this also allows the public and NGOs a

single place to go for information on mining regu-

lation.

Another source (personal communication: Univer-

sity of Nevada, 2005, 28 July) adds that the mine

closure agency should be the same agency that per-

mits operations so that there is continuity between

design aspects focused upon operations and de-

sign aspects dealing with closure. Finally, it is logi-

cal that laws are consistent with other such laws

within the same regulatory framework and prefer-

ably (and where possible) with those developed by

the other countries in the region, and that require-

ments should not be duplicated.

However, in the context of SEE/TRB, the task at hand

encompasses more than ensuring mine closure

and rehabilitating mining legacies. The strengthen-

ing of institutional frameworks is also required to

manage and reduce trans-boundary risks related to

such hazardous activities, to facilitate the successful

management of trans-boundary natural resources

and to influence the evolution of social norms.

As such there is a clear need for a capacity-building

programme to enhance the ability of national agen-

cies and mines inspectorates to deal with the legacy

of mining sites in the region, and to ensure that new

mining projects are based on sound environmental

and security principles. Such a programme should

apply a combination of capacity-building tools in-

cluding knowledge transfer, case study analysis,

regional workshop(s) to exchange experience, and

development of country action programmes. Such

works should focus upon building agency capacity

in the following areas:

Environmental impact and risk assessment,

and screening of new mining projects

Incorporation of public security measures and

emergency preparedness into mining permits

and licences

Dealing with non-active mines, including

abandoned sites

Further, it is considered that the following activities

are required to progress risk-related issues:

multi-lateral participation in the establish-

ment of officially sanctioned bodies or work-

ing groups with the responsibility of scoping

programmes for hotspot site remediation and

seeking international funding for execution of

priority works;

establishment of officially sanctioned bodies

or working groups for the assessment and

management of transboundary risk – such

bodies will need to include representatives

from generating territories and receiving ter-

ritories, and as required include international

experts and international bodies involved in

transboundary environmental and regional

security issues and opportunities should be

explored to expand the remit of existing func-

tional entities to reduce bureaucracy, build on

existing capacity, and maximise efficient use of

limited resources;

104. The Desk Study:

Reducing Environment & Security Risks from

Mining in South Eastern Europe

(Peck, 2004), documents the in-

fancy of such frameworks in many SEE/TRB countries.

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