Dunlop, J, Nicolson, L, Baker, K, Wildie, S, Clay, M, Purtill, J, Perlatti, F, Kutchenski, FE & Pasti, HA 2023, 'Influence of social and environmental factors on mine rehabilitation in Australia and Brazil', in B Abbasi, J Parshley, A Fourie & M Tibbett (eds), Mine Closure 2023: Proceedings of the 16th International Conference on Mine Closure, Australian Centre for Geomechanics, Perth, https://doi.org/10.36487/ACG_repo/2315_034
(https://papers.acg.uwa.edu.au/p/2315_034_Dunlop/)
Abstract: Mine rehabilitation laws in Australia and Brazil share similar goals and challenges. However, both countries have a distinct social and environmental context that has led to differences in the regulatory focus in each jurisdiction. Brazil has a clear focus on public reporting and oversight of tailings dam management that reflects both the recent history of dam failures with significant consequences. Although such incidents have led to improved guidance on tailings management in Brazil and internationally, there remains an opportunity for improved public reporting practices to be implemented in Australia to match the level of reporting and transparency in Brazil. In comparison, regulatory reforms in Queensland provide arguably some of the best legislation governing progressive rehabilitation and closure of mines in Australia. These reforms have been driven by a range of factors including several mining companies defaulting on their responsibilities, leaving the sites abandoned and liabilities to rest with the State. Requirements for greater progressive rehabilitation could be strengthened in Brazil and be aligned with environmental approvals as in Queensland. Both countries also share challenges balancing regulation between the federal and state governments. In Brazil, the National Mining Agency (known as the Agência Nacional de Mineração) is responsible for issuing mining permits, assessing compliance with mining regulatory standards, and collating information and data about the mining sector at the national level. While a consistent national approach is advantageous, it may limit local or regional resolution. As an example, environmental licences and mine rehabilitation plans, which are essential documents at the start of the mining process, are issued by State environmental agencies. Each of the 26 States (plus Brasilia) can have specific rules that can make it difficult for the National Mining Agency to manage these aspects. In Australia, regulation, management and reporting on mine rehabilitation is undertaken at the State and territory level. This has led to wide variation in regulatory processes and inconsistent reporting across the country. This paper summarises the rehabilitation laws in Queensland, Australia and Brazil. It describes their strengths and weaknesses and considers some of the social and environmental factors that have influenced the regulatory system used to manage and report on rehabilitation. The paper also identifies the learnings from each jurisdiction that can be applied to identify opportunities for improvement in both countries.

Keywords: mine rehabilitation, regulation, Australia, Brazil