Mines Act -- Operations and Closure of mines
Various laws deal with the siting and closure of mines in
British Columbia. This page discusses some
of the issues that arise in connection with siting and closure, and references
some of the applicable laws.
Mine Operations
Some of the details of mine operations are dealt with as
part of the Exploration Activities and Reclamation
Permit, which may define how mineral extraction will take place. In addition, however, the Act requires mines
to comply with the requirements of the Health, Safety and Reclamation Code
(although an inspector may authorize a “variance” – granting permission to
depart from the Code).
Provisions of the Code related to the siting of mines that
are discussed in more detail on the Mines Act page of
the Guide. Rules for reclamation
and closure of mines are discussed below.
Much of the Code deals with safety issues. There are some provisions related to ongoing
operations in Part 11 of the Code (the Mineral Exploration Code), such as:
·
Requirements not to deposit wood or excavated soil in
or near streams or where it is likely to increase the likelihood of landslides
(ss. 11.5.1(5); 11.9.1)
·
Requirements to minimize surface disturbance and
likelihood of sediment run-off from a site (s. 11.6.1);
In addition, Part 9
deals with dams, dumps and tailings impoundments (a facility for holding soil
contaminated with minerals), all of which may have a significant impact on
watershed management. The Code requires
the owner or operator of a mine to obtain a permit before constructing a major
dam, dump or tailing impoundment. The
Code also defines what is meant “major” (ss. 9.1.3-9.1.5).
Part 10 of the Health, Safety and Reclamation Code, which is
entitled “Reclamation and Closure,” provides that when a mine is closed the
owner, agent or manager of the mine must ensure that:
·
Land and watercourses will be stable in the long-term;
·
Land is re-vegetated to self sustaining state with appropriate
plant species;
·
Waste dumps must be reclaimed to ensure long-term
stability and erosion control, and appropriate (in the view of the inspector)
water quality from run-off;
·
Watercourses are restored to their original courses (or
stable alternative courses are established);
·
Water quality in watercourses is brought to a level
acceptable to the inspector;
·
Pit walls, tailings ponds, spillways, and roads are
reclaimed;
·
Vegetation shall be monitored for metal uptake, with
further reclamation if harmful metal levels are found;
·
Toxic chemicals are properly disposed of;
·
Measures are implemented to minimize production and
release of acid generating material and
·
Monitoring programs are implemented, as required by
chief inspector, to demonstrate that reclamation objectives working.
If there is contamination at the site that was not otherwise
addressed in the reclamation permit, owners of certain (size-restricted)
asbestos, coal, coal coke, lignite and non-ferrous metal mines must file a site
a “site profile” under the Waste Management Act
(section 26.1(4)). Site profiles are
usually used to indicate in an initial way whether a site is contaminated and
under the usual scheme of the Waste
Management Act, may lead to a determination that the site is a contaminated
site, and ultimately, a remediation order.
However, recent amendments to the Waste Management Act made under the Waste Management Amendment Act, SBC 2002, c. 34, adding Part 4.1 “Remediation
of Mineral Exploration Sites and Mines”, now mean that even if a site is
determined to be contaminated, the waste manager is barred from making a
remediation order, except in limited circumstances such as a request by the
Chief Inspector of Mines. These
amendments seriously undermined the Waste
Management Act’s overall scheme of holding past polluters accountable for
the pollution that was produced. They
new scheme also exposes the public to significant liability for clean-up costs.
The Mines Act, section 17 provides
that if an inspector is of opinion that a closed or abandoned mine needs work
to avoid danger to people or to abate pollution of the environment, the
inspector can cause work to be done and may pay for the work out of
consolidated revenue fund. The cost may
then be charged as a lien on the title to the mine in favour of the government
(a charge to be recovered when the mine is sold).
When a mining operation is authorized (through an Exploration Activities and Reclamation Permit), an
Inspector may anticipate potential problems with mine closure and require (as a
condition of the permit) the owner to make a one-time or annual posting of
security (a guaranteed sum of money) to cover the eventual costs of mine
reclamation and to provide for protection of, and mitigation of damages to,
watercourses affected by the mine. The
Act establishes a Mine Reclamation Fund having separate accounts in the name of
each mine. This step can guarantee that
the funds will be available to reclaim the mine even if the mining company is
not.
Related Guide Pages:
·
Mines Act
·
Mining
For more information about the Mines Act:
·
Text of the Mines Act
·
Link to Mines Regulations
·
Health,
Safety and Reclamation Code
·
Environmental
Mining Council of British Columbia website
