Mining

Mining activity presents serious challenges for watershed protection.  Whether the project is an open pit mine, an underground mine, or involves placer mining, mining has the potential to negatively impact upon all aspects of the environment (air, land and water), at all stages of the process, from exploration right through until long after the mine has closed. 

The impacts are extensive and reach beyond the actual mine site.  Roads and trails are needed for access; access roads require bridges and culverts; camps are constructed to house people, and then the camps in turn require sources of fuel, water and electricity.  The people living at the camp produce waste and sewage; additionally, traffic to and from creates additional impacts.  All of this in addition to the mine-digging activity itself!

Some of the most notable problem impacts that are associated with mining include:

·         acid mine drainage, where rock containing sulphide minerals is newly exposed by the mining process to water and to air, causing an increase in the acidity of the runoff water.  This case become a pollution legacy producing damage and requiring environmental management for decades after the closure of the mine;

·         production of sediment and increased turbidity of streams and other waters, affecting fish and fish habitat through smothering of organisms (e.g. fish gills, eggs and vegetation) and alteration of stream temperatures or water levels;

·         diversion, consumption and pollution of water sources from mining processes such as cyanide leach mining technology;

·         production of toxic effluents from ore concentrates in mine tailings and from toxic chemicals such as cyanide that are used in ore processing; fish are especially sensitive to even very low cyanide concentrations;

·         pollution caused by leaks, spills and poor management of fuels and other hazardous chemicals and materials on-site or as the chemicals and materials are transported to and from the mine site;

·         fragmentation of wilderness areas and loss of habitat and vegetation;

·         failure to clean up, or reclaim mine sites, during the mine’s active phase and following the end of production – e.g. tailings, industrial and human waste, fuel containers, etc.;

Predicting all of the effects that a mine will produce is virtually impossible.  In the past, overly-optimistic predictions have led to poor infrastructure and planning.  Such debacles have led to extensive environmental damage that we are now paying for and will need to continue to pay for, into the future.  The need for a precautionary approach and appropriate planning for contingencies cannot be over-emphasized.

Advocacy on mining issues

Advocacy that addresses mining and impacts on watersheds should consider at least the following strategies:

·         all projects require good research at the outset, to gather information to identify the possible impacts and problems such as potentially acid generating rocks, to try to avoid and reduce them, and to have base-line data

·         appropriate management plans and mitigation measures need to be developed and implemented, in consultation with all affected communities and stakeholders

·         effective control measures need to be instituted to contain the risks associated with use of fuels and hazardous production materials, and to manage and de-contaminate the waste generated by the mining process

·         techniques and best practices are needed for avoiding or dealing with: acid mine drainage, sedimentation and waste management, need to be developed and implemented

·         contingency plans and safety nets must be in place to deal with unexpected emergencies and situations

·         adequate and appropriate funding must be secured and reserved from the project owner/operator to ensure there is adequate funding to perform an appropriate and as-complete-as-possible site reclamation

·         there is a need for better metals recycling and product design, and reduced consumer consumption, in order to reduce the demand for new metals

Provincial Government and Mining

Various administrative processes regulate mining at the provincial level.  These laws include:

·         The Mines Act is the primary statute regulating mining exploration, production, closure and reclamation.  Standards and procedures are set out in the Health, Safety and Reclamation Code, made pursuant to section 34 of the Act.

·         The Mineral Tenure Act sets out the process for acquiring and keeping mineral titles.

·         The Mining Right of Way Act ensures rights-of-way for recorded holders of mineral rights to access the surface and construct necessary works, even where the land or road is privately held.

·         The Environmental Assessment Act sets out processes for assessing the environmental, economic, social, heritage and health effects of a project.

·         The Waste Management Act regulates the discharge and emission of wastes.

·         The Water Act requires a permit for changes in or about a stream, or to store or divert water.

·         The Coal Act regulates exploration and development of coal.

·         The Local Government Act authorizes the passage of soil deposit and removal bylaws, which may impact upon sand and gravel mining activities.

Federal Legislation

Various federal laws also impact on mining activities:

·         The Fisheries Act regulates the killing of fish, and harmful alteration or destruction of fish habitat; and it also regulates the deposit of deleterious substance into fish-bearing waters.  Note especially the Metal Mine Effluent Regulations which list certain metals as “deleterious substances” for purposes of the Act (that list not complete but is under review)

·         The Canadian Environmental Assessment Act (CEAA) addresses environmental impacts of projects falling under its jurisdiction (note that decisions under the Fisheries Act or Navigable Waters Protection Act may trigger CEAA assessments).

·         The Canadian Environmental Protection Act (CEPA) has provisions for assessing substances as “toxic” and for regulating how, and in what concentrations these substances may legally be released into the environment.  Currently, CEPA has only designated two mining-related substances as toxic (lead and asbestos) and only under certain circumstances of their entry into the environment.  There is a need to expand the list to cover and regulate all of the toxic substances associated with mining.

·         The Navigable Waters Protection Act regulates the construction of works in, on, over, under, through or across any navigable water, requiring a permit from the Minister.

Related Guide Pages:

·         Oil and Gas Extraction

·         Mines Act

For more information about Mining:

·         Environmental Mining Council of British Columbia

·         Mining Watch Canada

·         B.C. Ministry of Energy and Mines

·         Looking Beneath the Surface:  An Assessment of the Value of Public Support for the Metal Mining Industry in Canada (Pembina Institute for Appropriate Development and Mining Watch Canada report, October 2002)

·         Sierra Legal Defence Fund report (1998), Digging Up Trouble