DOI https://doi.org/10.36487/ACG_repo/2515_28
Cite As:
Barros, E, Masetti, L, Chaves, M & Domingues, V 2025, 'Aspects of financial guarantees for mine closure', in S Knutsson, AB Fourie & M Tibbett (eds),
Mine Closure 2025: Proceedings of the 18th International Conference on Mine Closure, Australian Centre for Geomechanics, Perth, pp. 1-13,
https://doi.org/10.36487/ACG_repo/2515_28
Abstract:
The non-closure or inadequate closure of mining enterprises represents a risk for the government, considering that the federal government of Brazil can be held responsible for, and bear the costs of, recovering abandoned mines. Consequently, the implementation of financial guarantees is commonly used by regulatory authorities as a measure to reduce the risk of abandonment before execution or inadequate execution of the mine closure plan. Financial guarantees are resources that entrepreneurs should present, in advance, to guarantee the necessary budget for execution due to the closure of a mine. However, this alternative has some weaknesses that make the measure not very effective, such as: (i) the financial impact on the cash flow, which may make new ventures unfeasible, especially those related to small miners; (ii) the increase in the cost of implementing enterprises, considering that the need to present the financial guarantee may drive investors away from the sector; (iii) the absence of banking products and insurers to offer a financial guarantee, combined with the need for companies to have high credit with financial institutions to acquire such insurances; (iv) non-elimination of liabilities related to abandoned areas resulting from illegal mining, the risk of responsibility being attributing to the federal government; and (v) the definition of the mine closure plan during the project phase is conducted conceptually as it depends on technological and social conditions that change throughout the useful life of a mine; thus, every closure project can be changed when it is carried out, impacting the proposed budget and, consequently, the amount to be guaranteed. It is up to regulatory authorities and entrepreneurs to jointly discuss the best alternatives to mitigate the risk of non-closure of mines without impacting the attractiveness and feasibility of the mining activity. This paper aims to discuss the challenges concerning financial guarantees in the mining sector scenario.
Keywords: financial guarantees, risk mitigation, financial impact
References:
Almeida, MR 2008, ‘Garantia financeira para fins de fechamento de mina e o seu impacto na viabilidade de uma mina. Estudo de caso de uma mina de grande porte’ (Financial assurance for mine closure and its impact on mine feasibility: a case study of a large-scale mine), REM Revista Escola de Minas, vol. 61, no. 2, pp. 203–209.
ANM 2024, Relatório de Análise de Impacto Regulatório CP 6/2024: Garantias Financeiras para Execução do Plano de Fechamento de Mina (Regulatory Impact Analysis Report CP 6/2024: Financial Assurance for the Implementation of Mine Closure Plans), Brasília,
Araujo, ER 2016, Fechamento de Minas no Brasil: Aspectos Legais e Consequências Sobre o Meio Ambiente e Populações Locais (Mine Closure in Brazil: Legal Aspects and Consequences for the Environment and Local Communities), CETEM/MCTI, Rio de Janeiro.
Fernandes, FRC 2014, Recursos Minerais e Comunidade: Impactos Humanos, Socioambientais e Econômicos (Mineral Resources and Communities: Human, Socio-environmental, and Economic Impacts), CETEM/MCTI, Rio de Janeiro.
Government of Canada 1990, Mining Act, R.S.O. 1990, c. M.14.
Government of Manitoba 1999, The Mines and Minerals Act, Regulation 67/99, Sections 17 and 18.
Government of New South Wales 1992, Mining Act 1992, Section 247.
Government of Queensland 1994, Environmental Protection Act 1994, Sections 396-399.
Government of Queensland 2018, Mineral and Energy Resources (Financial Provisioning) Act 2018.
Government of South Australia 1971, Mining Act 1971, Sections 45-47.
Government of Western Australia 1987, Mining Act 1978, Section 103(1).
Government of Western Australia 2025 Mining Rehabilitation Fund Yearly Report 2023–24, Perth,
Instituto Escolhas 2025, Recuperação de Areas de Mineração: Um Tema Crítico e Estratégico (Mine Site Rehabilitation: A Critical and Strategic Issue), Instituto Escolhas, São Paulo,
Lima, HM 2023, ‘Financial guarantee for mine closure’, REM Revista Escola de Minas, vol. 56, no. 3, pp. 181–186.
Republic of Chile 2012, Decree No. 41/2012 - Regulation of Law 20.551.
Republic of Chile 2020, Decree No. 6/2020 - Adds Insurance Guarantees.
Sánchez, LE 2001, Desengenharia: O Passivo Ambiental na Desativação de Empreendimentos Industriais (Deengineering: Environmental Liabilities in the Decommissioning of Industrial Facilities), EPUSP, São Paulo.
Werner, TT 2020, ’A geospatial database for effective mine rehabilitation in Australia’, Minerals, vol, 10, no. 9,