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Leon Gerber
Rio Tinto Research Fellow
CEPMLP, University of Dundee
Outline
1. Overview

2. What is mine closure

3. Traditional mining approaches

4. Why we do it differently

5. How we do it

6. What makes for good practice

7. Recent example

8. Further reading

9. Questions
1. Overview
• Mines only have a limited lifespan.


• Upon end of life, operations must be
  consolidated and closed.


• Includes all matters regarding structures, waste,
  residue deposits, water management,
  community relations etc.


• The physical activities that are needed to close
  down a mine are relatively straightforward -
  Greater challenge today involves leaving a
  social and environmental legacy
2. What is mine closure?

Two aspects:

 • Actions and measures “to leave a mine site in a condition which is safe and
   stable, limiting further environmental impact” after the end of the operations
   (whatever the causes of that end: natural depletion, sudden interruption due to
   economic reasons, etc.)


 • Land reclamation: to restore or rehabilitate the land “…affected by mining for
   further economic use…”
                                                                (see Hoskin, 2005)
3. Traditional mining practice

• Traditionally only two principal phases recognised in the typical mine
  project life cycle
   • exploration
   • construction & operation


• Focus on the immediate requirements of the stage that was active at
  any particular time


• Mining: precedence over other land uses
   • Abandoning the mine as soon as it ended its productive cycle
   • Closing remote mining towns together with the mines – ghost towns
4. Why we do it differently
•Mining industry has embraced the concept of sustainable
development

•Growth of environmental awareness – peer review, NGO’s, society

•Governments have also tended to impose stricter requirements on
industry – not only environmental but also economic reasons (Equator
Principles)

•Spate of new mining developments in developing countries – learn
from past mistakes

•Closure ties in with CSR and community responsibility
4. Why we do it differently (2)
Concept of ‘design-for-closure’


• Relatively recent development


• In 1983, the proposed Cinola Gold Mine located on the Queen Charlotte Islands off
  the coast of northern British Columbia was one of the first mine projects to be
  conceived using a ‘design-for-closure’ concept
 http://www.carc.org/pdfs/NMPWorkingPaper1BowmanandBaker.pdf
 http://www.anthonyhodge.ca/publications/Post_Mining_Regeneration.pdf


• Now, good practice requires that the planning time-horizon be extended to
  encompass “design-, build-, and operate- for- closure.”
 http://www.icmm.com/page/9566
5. How we do it
Various concerns involved in the closure of mining, across the broad
spectrum of sustainable development elements.
• Visual and Aesthetics
• Environmental
• Financial
• Social
• Employment / labour


Above concerns addressed in mine closure plans:
• Conceptual closure plan: development of a target closure outcome and goals –
  ideally developed and used during exploration, pre-feasibility, feasibility/design
  and construction
• Detailed closure plan: milestones, detailed methodologies of achieving these,
  monitoring and validation processes - used continuously during operations &
  incorporated into decision making process
• Decommissioning and post closure plan: Effective transition to closure
5. How we do it (1)
Key Principles of Mine Closure Design

•   Prevention
    • mine closure plans to be approved prior to operations
    • inspection and strict control of measures towards closure throughout all of operative
       cycle,
    • stringent system of enforcement and sanctions,
    • adequate terms of prescription,
    • periodic review of the plan, etc.

•   Mine closure costs internalisation
    • Cradle-to-grave approach
    • Environmental financial assurance measures (EFA) - sureties (fidelity bonds, surety
       bonds, performance bonds and letters of credit); cash deposits
    • Typically guarantees environmental performance after closure

•   Reclamation & Rehabilitation
Exploration
                                                                                         Conceptual closure
                                                                                             planning
                                                                                                                                   Pre-feasibility



                                                                                                                                   Feasibility

                                                                                                                                    Construction

                                                                                               Increasing                          Operations
                                                                                                  detail                           (Concurrent rehab)



                                                                                            Detailed closure
                                                                                               planning
                                                                                                                 Mine life cycle




                                                                                                                                   Decommissioning




                                                                     Stakeholder input
Reproduced from ICMM: Planning for Integrated Mine Closure Toolkit
                                                                                         Transition to closure

                                                                                                                                    Closure




                                                                                                                                    Post-closure




                                                                                                                                   Relinquishment
5. How we do it (3)
Preparation for practical closure




  Care &                            Reclamation /       Closure /      Post
maintenance   Decommissioning
                                    Rehabilitation   Relinquishment   Closure
5. How we do it (4)
• Design-for-closure
• At early stages of mine development – pre-feasibility, feasibility and during
  assessment process (EIA and SIA):
   • initial post-closure concepts should be developed and estimates of post-
      closure costs made
   • financial instruments must then be identified
• In construction and operation: these framework closure plans should
  progressively be reviewed and refined to produce detailed practical
  documents
• In operation: progressive closure is also implemented where feasible
• Decommissioning and active rehabilitation:
   • Nature of the long-term legacy is finally established
• Post-closure phase: long-term management and monitoring of the property
  (passive care)
   • Final disposal of the site or ‘walk-away scenario’ or
   • Passive care in perpetuity
6. What makes good practice
Main elements of good practice in mine closure

• Mine closure plan as a condition to start mining operations. Stress on pollution
  prevention

• Inspection and control. Periodic review of the plan

• Financial guarantees – or alternative mechanisms. Essential to achieve
  internalisation of closure costs

• Sanction regime. Efficient enforcement and liability measures

• Public participation at all stages of the development

• Provisions on mine closure of small-scale mines

• Provisions on abandoned mines. Distinction between mine closure and mine
  abandonment. Main policy to ensure mine closing (not abandoning)

• Post-closure social and economic policies
7. Recent example(s)
Scotsgold Resources, October 2011


• Mining production of commercial gold and silver due to start in 2013
• Loch Lomond National Park – major tourist attraction
• Park authority’s board - opportunities for new jobs and economic
  growth outweigh concerns about the environment
• Company should ensure long-term environmental impact will be
  minimised
• Company intends restoration of landscape at end of 10-year licence


• Company undertaken to provide a financial guarantee/restoration
  bond by means of Cash Collateral Account.
Country study - South Africa
• Constitutional supremacy.

• Myriad of legislation and regulations affecting mine closure.
  • Constitution of South Africa
  • National Environmental Management Act coupled with sectoral legislation
  • NEM: Integrated Waste Management Act
  • NEM: Protected Areas Act
  • Mineral and Petroleum Resource Development Act
  • Mine Health and Safety Act
  • National Water Act
  • Minerals Act

• Standards for mine closure derives mainly from environmental prescriptions.

• Large number of South African mines have reached maturity and is looking
  towards closure.
Constitution of the Republic of
South Africa 1996




Section 24(a): “...everyone has the right to an environment that which is not
harmful to his or her health and well-being”.
National Environmental Management
Act, 1998
• Section 2: “The costs of remedying pollution, environmental degradation and
  consequent adverse health effects and of preventing, controlling or minimising
  further pollution, environmental damage or adverse health effects must be paid
  for by those responsible for harming the environment”.



• Section 28: Every person* who causes, has caused or may cause significant
  pollution or degradation of the environment must take reasonable measures to
  prevent such pollution or degradation from occurring, continuing or recurring, or,
  in so far as such harm to the environment is authorised by law or cannot
  reasonably be avoided or stopped, to minimise and rectify such pollution or
  degradation of the environment.


   * (includes an owner of land or premises, a person in control of land or
   premises or a person who has a right to use the land)
National Environmental Management
Act, 1998
• Sections 32: “...Any person or group of persons may seek appropriate relief in
  respect of any breach or threatened breach of any provision of this Act...”.


• Section 33: Private prosecution in the public interest; or in the interest of the
  protection of the environment.



Environmental Impact Assessment
Regulations Listing Notice 1 of 2010
• Regulation 27(iv): “...activities, where the facility or the land on which it is
  located is contaminated...”.
Mineral and Petroleum Development
Act, 2002
• Provides a holistic cradle-to-grave approach to prospecting and mining.
• Makes provision for economic, social and environmental costs to achieve sustainable
  development of SA mineral resources.

• Section 38: Provides for the application of integrated environmental management and
  the responsibility to remedy.
• Section 38(2): Makes provision to keep directors of companies or members of closed
  corporations liable for any damage, degradation or pollution caused by the company or
  closed corporation which they represent or represented.
• Section 41: Makes financial provision for the remediation of environmental damage.
• Section 42: Makes provision for the management of residue stockpiles and deposits.
• Section 43: Provides for the issuing of a closure certificate.
• Section 44: Provides for the retainment or removal of buildings and structures.
• Sections 45: Provides for the Minister to take urgent remedial action pertaining to
  environmental degradation and pollution and to recover costs in this regard.
• Section 46: Provides for the Minister to rehabilitate abandoned and ownerless
  mines/dumps and to register such sites in the title deeds of land and to transfer the
  liability for maintaining the rehabilitation work being undertaken to the responsible
  landowner.
Mineral and Petroleum Development
Act, 2002
The MPRDA, 2002 also provides for the implementation of a social and labour
 plan. The purpose and objectives of such plans are to:


• Integrate and manage the social, economic and environmental impacts of mining
  within all the phases of a mine, until closure
• Avoid job losses and mitigate social and economic impacts on individuals should
  a mine close prematurely or at the closure of mines
• Avoid the establishment of settlements, which cannot be sustained after the
  closure of mines.
When things go wrong.. Flooding
in KOSH
•Four separate mines in close proximity
in Klerksdorp, Orkney, Stilfontein and
Hartebeesfontein (KOSH area).



•Dispute arose over responsibility for
pumping of underground water after
mine closure.
Flooding in KOSH (continued)
• Prior to closure, dewatering of mines conducted by each mining company at their
  own mine shafts.
 • Pumping is necessary to prevent the flow of underground water from mines at
   a higher location within the mining area to lower-lying mines.


• On whose shoulders should the pumping responsibility lie when one mine closes
  down?


• All mining companies and stakeholders agreed on the establishment of a water
  company.


• Currently water continues to be pumped to the surface at the upper shaft, before
  being piped to the local water service provider – creating subsequent revenue
  stream.
8. Further Reading
• International Council on Mining and Metals (ICMM) – Planning for integrated Mine Closure
  Toolkit
  http://www.icmm.com/page/9568/planning-for-integrated-mine-closure-toolkit


• Financial Assurance for Mine Closure and Reclamation
  www.icmm.com/document/282


• International Institute for Environment and Development (IIED) – Sets out sustainability
  standards, as applicable to mine closure
  http://www.iied.org/


• International Accounting Standards Board (IASB) – Accounting and Disclosure Model for
  Extractive Activities
  http://www.ifrs.org/Current+Projects/IASB+Projects/Extractive+Activities/Summary.htm


• Scottish gold mine receives approval
  http://www.ft.com/cms/s/0/7e722936-ff23-11e0-aa11-00144feabdc0.html#axzz1cLsU2lL5
Trg product, mine closure, cepmlp

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Trg product, mine closure, cepmlp

  • 1. Leon Gerber Rio Tinto Research Fellow CEPMLP, University of Dundee
  • 2. Outline 1. Overview 2. What is mine closure 3. Traditional mining approaches 4. Why we do it differently 5. How we do it 6. What makes for good practice 7. Recent example 8. Further reading 9. Questions
  • 3. 1. Overview • Mines only have a limited lifespan. • Upon end of life, operations must be consolidated and closed. • Includes all matters regarding structures, waste, residue deposits, water management, community relations etc. • The physical activities that are needed to close down a mine are relatively straightforward - Greater challenge today involves leaving a social and environmental legacy
  • 4. 2. What is mine closure? Two aspects: • Actions and measures “to leave a mine site in a condition which is safe and stable, limiting further environmental impact” after the end of the operations (whatever the causes of that end: natural depletion, sudden interruption due to economic reasons, etc.) • Land reclamation: to restore or rehabilitate the land “…affected by mining for further economic use…” (see Hoskin, 2005)
  • 5. 3. Traditional mining practice • Traditionally only two principal phases recognised in the typical mine project life cycle • exploration • construction & operation • Focus on the immediate requirements of the stage that was active at any particular time • Mining: precedence over other land uses • Abandoning the mine as soon as it ended its productive cycle • Closing remote mining towns together with the mines – ghost towns
  • 6. 4. Why we do it differently •Mining industry has embraced the concept of sustainable development •Growth of environmental awareness – peer review, NGO’s, society •Governments have also tended to impose stricter requirements on industry – not only environmental but also economic reasons (Equator Principles) •Spate of new mining developments in developing countries – learn from past mistakes •Closure ties in with CSR and community responsibility
  • 7. 4. Why we do it differently (2) Concept of ‘design-for-closure’ • Relatively recent development • In 1983, the proposed Cinola Gold Mine located on the Queen Charlotte Islands off the coast of northern British Columbia was one of the first mine projects to be conceived using a ‘design-for-closure’ concept http://www.carc.org/pdfs/NMPWorkingPaper1BowmanandBaker.pdf http://www.anthonyhodge.ca/publications/Post_Mining_Regeneration.pdf • Now, good practice requires that the planning time-horizon be extended to encompass “design-, build-, and operate- for- closure.” http://www.icmm.com/page/9566
  • 8. 5. How we do it Various concerns involved in the closure of mining, across the broad spectrum of sustainable development elements. • Visual and Aesthetics • Environmental • Financial • Social • Employment / labour Above concerns addressed in mine closure plans: • Conceptual closure plan: development of a target closure outcome and goals – ideally developed and used during exploration, pre-feasibility, feasibility/design and construction • Detailed closure plan: milestones, detailed methodologies of achieving these, monitoring and validation processes - used continuously during operations & incorporated into decision making process • Decommissioning and post closure plan: Effective transition to closure
  • 9. 5. How we do it (1) Key Principles of Mine Closure Design • Prevention • mine closure plans to be approved prior to operations • inspection and strict control of measures towards closure throughout all of operative cycle, • stringent system of enforcement and sanctions, • adequate terms of prescription, • periodic review of the plan, etc. • Mine closure costs internalisation • Cradle-to-grave approach • Environmental financial assurance measures (EFA) - sureties (fidelity bonds, surety bonds, performance bonds and letters of credit); cash deposits • Typically guarantees environmental performance after closure • Reclamation & Rehabilitation
  • 10. Exploration Conceptual closure planning Pre-feasibility Feasibility Construction Increasing Operations detail (Concurrent rehab) Detailed closure planning Mine life cycle Decommissioning Stakeholder input Reproduced from ICMM: Planning for Integrated Mine Closure Toolkit Transition to closure Closure Post-closure Relinquishment
  • 11. 5. How we do it (3) Preparation for practical closure Care & Reclamation / Closure / Post maintenance Decommissioning Rehabilitation Relinquishment Closure
  • 12. 5. How we do it (4) • Design-for-closure • At early stages of mine development – pre-feasibility, feasibility and during assessment process (EIA and SIA): • initial post-closure concepts should be developed and estimates of post- closure costs made • financial instruments must then be identified • In construction and operation: these framework closure plans should progressively be reviewed and refined to produce detailed practical documents • In operation: progressive closure is also implemented where feasible • Decommissioning and active rehabilitation: • Nature of the long-term legacy is finally established • Post-closure phase: long-term management and monitoring of the property (passive care) • Final disposal of the site or ‘walk-away scenario’ or • Passive care in perpetuity
  • 13. 6. What makes good practice Main elements of good practice in mine closure • Mine closure plan as a condition to start mining operations. Stress on pollution prevention • Inspection and control. Periodic review of the plan • Financial guarantees – or alternative mechanisms. Essential to achieve internalisation of closure costs • Sanction regime. Efficient enforcement and liability measures • Public participation at all stages of the development • Provisions on mine closure of small-scale mines • Provisions on abandoned mines. Distinction between mine closure and mine abandonment. Main policy to ensure mine closing (not abandoning) • Post-closure social and economic policies
  • 14. 7. Recent example(s) Scotsgold Resources, October 2011 • Mining production of commercial gold and silver due to start in 2013 • Loch Lomond National Park – major tourist attraction • Park authority’s board - opportunities for new jobs and economic growth outweigh concerns about the environment • Company should ensure long-term environmental impact will be minimised • Company intends restoration of landscape at end of 10-year licence • Company undertaken to provide a financial guarantee/restoration bond by means of Cash Collateral Account.
  • 15. Country study - South Africa • Constitutional supremacy. • Myriad of legislation and regulations affecting mine closure. • Constitution of South Africa • National Environmental Management Act coupled with sectoral legislation • NEM: Integrated Waste Management Act • NEM: Protected Areas Act • Mineral and Petroleum Resource Development Act • Mine Health and Safety Act • National Water Act • Minerals Act • Standards for mine closure derives mainly from environmental prescriptions. • Large number of South African mines have reached maturity and is looking towards closure.
  • 16. Constitution of the Republic of South Africa 1996 Section 24(a): “...everyone has the right to an environment that which is not harmful to his or her health and well-being”.
  • 17. National Environmental Management Act, 1998 • Section 2: “The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment”. • Section 28: Every person* who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring, or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment. * (includes an owner of land or premises, a person in control of land or premises or a person who has a right to use the land)
  • 18. National Environmental Management Act, 1998 • Sections 32: “...Any person or group of persons may seek appropriate relief in respect of any breach or threatened breach of any provision of this Act...”. • Section 33: Private prosecution in the public interest; or in the interest of the protection of the environment. Environmental Impact Assessment Regulations Listing Notice 1 of 2010 • Regulation 27(iv): “...activities, where the facility or the land on which it is located is contaminated...”.
  • 19. Mineral and Petroleum Development Act, 2002 • Provides a holistic cradle-to-grave approach to prospecting and mining. • Makes provision for economic, social and environmental costs to achieve sustainable development of SA mineral resources. • Section 38: Provides for the application of integrated environmental management and the responsibility to remedy. • Section 38(2): Makes provision to keep directors of companies or members of closed corporations liable for any damage, degradation or pollution caused by the company or closed corporation which they represent or represented. • Section 41: Makes financial provision for the remediation of environmental damage. • Section 42: Makes provision for the management of residue stockpiles and deposits. • Section 43: Provides for the issuing of a closure certificate. • Section 44: Provides for the retainment or removal of buildings and structures. • Sections 45: Provides for the Minister to take urgent remedial action pertaining to environmental degradation and pollution and to recover costs in this regard. • Section 46: Provides for the Minister to rehabilitate abandoned and ownerless mines/dumps and to register such sites in the title deeds of land and to transfer the liability for maintaining the rehabilitation work being undertaken to the responsible landowner.
  • 20. Mineral and Petroleum Development Act, 2002 The MPRDA, 2002 also provides for the implementation of a social and labour plan. The purpose and objectives of such plans are to: • Integrate and manage the social, economic and environmental impacts of mining within all the phases of a mine, until closure • Avoid job losses and mitigate social and economic impacts on individuals should a mine close prematurely or at the closure of mines • Avoid the establishment of settlements, which cannot be sustained after the closure of mines.
  • 21. When things go wrong.. Flooding in KOSH •Four separate mines in close proximity in Klerksdorp, Orkney, Stilfontein and Hartebeesfontein (KOSH area). •Dispute arose over responsibility for pumping of underground water after mine closure.
  • 22. Flooding in KOSH (continued) • Prior to closure, dewatering of mines conducted by each mining company at their own mine shafts. • Pumping is necessary to prevent the flow of underground water from mines at a higher location within the mining area to lower-lying mines. • On whose shoulders should the pumping responsibility lie when one mine closes down? • All mining companies and stakeholders agreed on the establishment of a water company. • Currently water continues to be pumped to the surface at the upper shaft, before being piped to the local water service provider – creating subsequent revenue stream.
  • 23. 8. Further Reading • International Council on Mining and Metals (ICMM) – Planning for integrated Mine Closure Toolkit http://www.icmm.com/page/9568/planning-for-integrated-mine-closure-toolkit • Financial Assurance for Mine Closure and Reclamation www.icmm.com/document/282 • International Institute for Environment and Development (IIED) – Sets out sustainability standards, as applicable to mine closure http://www.iied.org/ • International Accounting Standards Board (IASB) – Accounting and Disclosure Model for Extractive Activities http://www.ifrs.org/Current+Projects/IASB+Projects/Extractive+Activities/Summary.htm • Scottish gold mine receives approval http://www.ft.com/cms/s/0/7e722936-ff23-11e0-aa11-00144feabdc0.html#axzz1cLsU2lL5