Authors: Osses, B

Open access courtesy of:

DOI https://doi.org/10.36487/ACG_repo/2315_004

Cite As:
Osses, B 2023, 'Comparison of post-closure regulatory frameworks in Australia and South American countries', 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_004

Download citation as:   ris   bibtex   endnote   text   Zotero


Abstract:
Within mine closure planning, post-closure is the stage that follows the implementation of the Closure Plan, which includes monitoring and verification of emissions and effluents and, in general, the monitoring and control of all conditions resulting from the implementation of the measures and activities of the Closure Plan (Government of Chile 2012, Decree 41 that approves the Mine Closure Regulation of Mine Closure Law Chile). The post-closure stage has a fundamental role in proving that the physical and chemical stability of a mine site is maintained over time, as well as protecting the health and safety of people and the environment. In this way, post-closure seeks to identify deviations in these components in time, as well as the implementation of the necessary maintenance activities to avoid the degradation of the closure works. Globally, the criteria for defining post-closure activities changes depending on the legislation of each country or region according to: the maturity of the environmental, mining and closure legislation; the way in which these legislations evolve; the economic development of the country or region, the available monitoring and maintenance technologies, among other factors. The objective of this paper is to compare closure regulations of different jurisdictions that host medium and large-scale mining. The purpose of this comparison is to identify the similarities and differences with respect to post-closure monitoring and maintenance activities required by closure legislation, and to analyse the relative maturity level of post-closure practices at these jurisdictions. In this way, the mining regulations associated with post-closure in Australia and South American countries (e.g., Bolivia, Brazil, Chile, Colombia, Ecuador and Peru) will be presented at first. Subsequently, different relative maturity levels will be defined with respect to post-closure activities according to post-closure aspects, such as existence of specific legislation for mine closure, and enforceability of the post-closure program and duration of the post-closure stage. Finally, a post-closure maturity level is assigned to each jurisdiction's legislation, based on the previously defined maturity levels.

Keywords: post-closure, regulation, monitoring, maintenance

References:
A. L. Morales y M. Hantke Domas 2020, Methodological Guide for Mine Closure, Economic Commission for Latin America and the Caribbean (CEPAL), Santiago.
APEC Mining Task Force 2018, Mine Closure Checklist for Governments, APEC Secretariat, Singapore.
Brazilian Ministry of Mining and Energy 2021, ANM Resolution N°68 that Provides for the rules regarding the Mine Closure Plan, Brazil
Chile Foundation and SERNAGEOMIN 2015, Methodological guide for chemical stability of mining sites and facilities, Chile.
COPAM 2018, Normative Deliberation N°. 220 that establishes guidelines and procedures for the temporary suspension of mining activities and mine closure, among others, Brazil.
Department of Mines, Industry Regulation and Safety 2020, Mine Closure Plan Guidance - How to prepare in accordance with Part 1 of the Statutory Guidelines for Mine Closure Plans, Australia
Department of Mines and Petroleum, and Environmental Protection Authority 2015, Guidelines for Preparing Mine Closure Plans, Australia
Department of Mines, Industry Regulation and Safety 2020, Statutory Guidelines for Mine Closure Plans, Australia
Environmental Assessment Service 2017, Guidance for the description of copper and gold-silver mining development projects in SEIA, Chile.
Government of Bolivia 1992, Environmental Law N° 1,333, Bolivia
Government of Bolivia 1995, Supreme Decree N° 24,176 that regulate the Environmental Law, Bolivia.
Government of Bolivia 1997, Supreme Decree N° 24,782 the Environmental Regulations for Mining Activities, Bolivia.
Government of Bolivia 2002, Supreme Decree N° 26,705 modified and complemented the General Regulations on Environmental Management and the Regulations on Environmental Prevention and Control, Bolivia.
Government of Bolivia 2014, Law N°535 of Mining and Metallurgy, Bolivia.
Government of Chile 1994, Law 19,300 that approves the law on general bases of the environment, Chile.
Government of Chile 2012, Decree 40 approves regulation on the environmental impact assessment system, Chile.
Government of Chile 2012, Decree 41 approves the regulation of the closure law of mining sites and facilities, Chile.
Government of Chile 2012, Mine Closure Law 20,551, Chile
Government of Colombia 1974, Law N°2,811 of Renewable Natural Resources and Environmental Protection Code, Colombia.
Government of Colombia 1993, Law N°99 of National Environmental System, Colombia.
Government of Colombia 2001, Law N°685 Mining Code, Colombia.
Government of Colombia 2009, Law N°1,333 that imposes sanctions on the offender when carrying out remediation works ordered by the environmental authority, Colombia.
Government of Colombia 2010, Decree 2,820 that regulates Title VIII of Law 99 of 1993 on Environmental Licensing, Colombia.
Government of Colombia 2013, Decree 933 by which rules are issued on the formalisation of traditional mining and some definitions of the Mining Glossary are modified, Colombia.
Government of Colombia 2015, Decree 1073 Mine Regulatory Administrative Sector of Mines and Energy, Colombia.
Government of Colombia 2015, Decree 1076 Environmental Regulatory, Colombia.
Government of Ecuador 2009, Decree 119 Environmental regulations for mining activities, Ecuador.
Government of Ecuador 2009, Law N°. 45 of Mining, Ecuador.
Government of Ecuador 2017, Law N°0 Organic Environmental Code, Ecuador.
Government of Ecuador 2019, Decree N°752 Regulation to the Organic Environmental Code, Ecuador.
Government of Ecuador 2020, Resolution N°. ARCERNNR-013 regulation on safety and health at work in the mining industry, Ecuador.
Government of Peru 1992, Unified Text of the General Mining Law, Peru
Government of Peru 2001, National Environmental Impact Assessment System Law 27,446, Peru
Government of Peru 2003, Mine Closure Law 28,090, Peru
Government of Peru 2005, DS 033-2005 Mine closure regulation, Peru
Government of Peru 2005, General Environmental Law 28,611, Peru
Government of Queensland 1989, The Mineral Resources Act 1989, Australia
Government of Queensland 1994, The Environmental Protection Act 1994, Australia
Government of Queensland 2018, Guideline Rehabilitation requirements for mining resource activities, Australia.
Government of Queensland 2018, The Mineral and Energy Resources (Financial Provisioning) Act 2018, Australia
Government of Queensland 2019, Guideline Progressive rehabilitation and closure plan for mined land (PRC plans), Australia.
Government of Western Australia 1978, Mining Act 1978, Australia
Government of Western Australia 1986, The Environmental Protection Act 1986, Australia
ICMM 2019, Good Practice Guide: Integrated Mine Closure Good Practice Guide 2nd Edition, ICMM, London.
Pontifical Catholic University of Valparaíso and SERNAGEOMIN 2018, Methodological Guide for Evaluation of the Physical Stability of Remaining Mining Facilities, Chile.
SERNAGEOMIN 2020, Methodological guide for the presentation and updating of closure plans subjected to the general application procedure – version 2, Chile.
Western Australian Biodiversity Science Institute 2019, A framework for developing mine-site completion criteria in Western Australia: project report, Australia.




© Copyright 2024, Australian Centre for Geomechanics (ACG), The University of Western Australia. All rights reserved.
View copyright/legal information
Please direct any queries or error reports to repository-acg@uwa.edu.au