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78

MINING FOR CLOSURE

quence incentive to investment may be significantly

reduced. Reasonable approaches must be applied

when jurisdictions seek assurance against the pos-

sibility of loss or damage to the environment.

Creative

– In situations where the mine is only

marginally profitable or is approaching the end of

its life, a creative approach to the design of the in-

strument may be called for.

Incentive based and tax balanced

– the tax or royalty

regime of the country should recognise that finan-

cial assurance imposes some costs on the operator.

This should be balanced to ensure that sustainable

development objectives are assured.

Sustainability-oriented

– Conditions imposed for

closure will need to transcend only environmental

quality criteria to include other important factors

employment and social outcomes, as well as long-

term resource stewardship.

Innovative

– Jurisdictions should innovatively seek

alternative economic yield from sites such as the

valorization of wastes; alternative land utilization;

infrastructure re-use; operational underwriting by

tax yield; redevelopment and so forth.

Service oriented

Mining for Closure

solutions

must identify how essential community services

such as medical care, schools, and so forth can be

continued after mine closure.

Inclusive

Mining for Closure

demands an inclu-

sive stakeholder approach. This inclusiveness

must stretch beyond consideration of stakeholders

within national boundaries such as communities

and include both regional nation states and inter-

national actors.

6.6.2

steps to be taken

Within the immediately coming years there is con-

siderable urgency to achieve development within

institutional frameworks.

Establish

detailed and consistent mine closure re-

quirements and procedures across the region accord-

ing to the principles outlined in this document and

of relevant European and international legislation.

Encourage

the development of an independent

mine closure law that establishes a single agency

for implementation in each country. Ensure that

these laws are consistent with other such laws

within the same regulatory framework and devel-

oped by the other countries in the region, and that

requirements are not duplicated.

Embark

on a capacity-building programme to en-

hance the ability of national agencies and mines

inspectorates to deal with the legacy of mining

sites in the region, and to ensure that new min-

ing projects are based on sound environmental and

security principles. Such works should focus upon

building agency capacity in:

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 aban-

doned sites, and

management of transboundary risk.

Similarly, within the immediately coming years

there is some urgency to establish activities and

sanctioned bodies – or strengthen and expand

them where they exist – to progress risk reduction

in general.

Participate

inmulti-lateralworkfortheestablishment

of officially sanctioned bodies or working groups

with the responsibility of scoping programmes for

hotspot site remediation and seeking international

funding for execution of priority works.

Establish

officially sanctioned bodies or working

groups for the assessment and management of

transboundary risk. Such bodies will likely need to

include representatives from generating territories

and receiving territories, and as required include

international experts and international bodies in-

volved in transboundary environmental and re-

gional security issues. Within this, opportunities

should be explored to expand the remit of existing

functional entities to reduce bureaucracy, build on

existing capacity, and maximise efficient use of lim-

ited resources.

Extend &/or establish

transboundary notification

and disaster response systems linked to the parties

mentioned above.

Extend &/or establish

monitoring programmes,

and/or early warning systems for the assessment

of ongoing chronic pollution, and for the detection

of pollution events.