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Mining and Sustainable Development II - DTIE

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<strong>Mining</strong><br />

Box 2<br />

Cyanide spill from the tailings dam at Baia Mare in early 2000<br />

In January 2000 a tailings pond from a gold<br />

recovery plant in Baia Mare released tonnes of<br />

wastewater containing cyanide from the<br />

process used to recover gold. The spill affected<br />

rivers in Romania, Hungary <strong>and</strong> Yugoslavia<br />

<strong>and</strong> resulted in the death of virtually all aquatic<br />

life in the affected rivers.<br />

The United Nations Environment Programme<br />

(UNEP) <strong>and</strong> the United Nations<br />

Office for the Co-ordination of Humanitarian<br />

Affairs (OCHA) carried out an investigation of<br />

the incident <strong>and</strong> produced a joint report. The<br />

report indicates that deficiencies in the design<br />

of the process used, inadequate operating conditions<br />

<strong>and</strong> bad weather contributed to the<br />

release of cyanide from the tailings pond.<br />

The plant was operating within the government<br />

permits issued to it as a “regular risk”. A<br />

“regular risk” plant is described as a “closed<br />

loop” that would not leak any cyanide during<br />

the recovery of the gold. The UNEP report says<br />

that the facility was in fact open at two points,<br />

allowing cyanide to leak even before the dam<br />

was breached.<br />

Some affected towns disconnected water<br />

supplies from the contaminated rivers to prevent<br />

residents from drinking water containing<br />

cyanide. In other areas the sale of most freshwater<br />

fish was banned. The social affects of the<br />

spill are significant as many of the villages along<br />

the affected rivers are dependent on them for<br />

their incomes, from the local fishing industry<br />

It is at this second stage that actions based on<br />

the four secondary principles mentioned above<br />

are formalized. Pollution prevention laws are<br />

directed at controlling emissions <strong>and</strong>/or establishing<br />

st<strong>and</strong>ards (e.g. for air or water quality). In<br />

some but not all cases, plans <strong>and</strong> policies are introduced<br />

to encourage the wise use of natural<br />

resources. National parks <strong>and</strong> nature conservation<br />

areas ensure that some parts of the environment<br />

are kept natural. Laws are passed to protect rare or<br />

endangered animals <strong>and</strong> plants.<br />

At this stage both coercion <strong>and</strong> encouragement<br />

may be used, depending on the circumstances.<br />

For example, some compulsion may be associated<br />

with overseeing the design <strong>and</strong> operation of<br />

tailings containment facilities. It is at this stage<br />

that proposals for expansion may result in industry<br />

being directed to rehabilitate old sites, or the<br />

reworking of old tailings may be proposed as a<br />

better “walk away” solution.<br />

Some governments are using a mix of encouragement<br />

<strong>and</strong> coercion in their dealings with the<br />

mining industry by setting required limits or<br />

expected performance st<strong>and</strong>ards for a site <strong>and</strong><br />

allowing the operator to determine how it will<br />

meet these requirements. This enables companies<br />

to perform their operations with the technology<br />

of their choice <strong>and</strong> to achieve their economic<br />

objectives through their own strategies rather than<br />

being limited by the conditions <strong>and</strong> processes set<br />

down by the government. More responsibility for<br />

or agriculture. As a result of requests from residents<br />

<strong>and</strong> governments of these areas, a mobile<br />

UNEP laboratory has been made available for<br />

sampling in the region <strong>and</strong> a Baia Mare Task<br />

Force has been set up by the European Union.<br />

A large number of mines <strong>and</strong> other recovery<br />

plants operate in the area <strong>and</strong> a number of<br />

other spill incidents have occurred in the region<br />

<strong>and</strong> elsewhere since Baia Mare. This has led to<br />

actions such as a review of the mining industry’s<br />

design <strong>and</strong> operational codes by UNEP, to<br />

ensure that the industry makes a positive contribution<br />

to sustainable development, while<br />

minimizing risks to the local populations <strong>and</strong><br />

the environment.<br />

UNEP is now working with stakeholders to<br />

address questions regarding the mining industry,<br />

including:<br />

◆ Emergency preparedness <strong>and</strong> response at<br />

mine sites;<br />

◆ Revised design <strong>and</strong> operating codes for<br />

cyanide processes;<br />

◆ Developing new international st<strong>and</strong>ards for<br />

fail-safe concepts in tailings dams;<br />

◆ Reviews of permit <strong>and</strong> inspection procedures<br />

of hazardous mining installations;<br />

◆ Training workshops for national inspectorates<br />

in risk assessments <strong>and</strong> enforcement;<br />

<strong>and</strong><br />

◆ The publication of a guide to best practice<br />

water management at mines.<br />

the management of infrequent risks with high<br />

impacts is taken on by the company. Governments<br />

must have mechanisms to punish operators<br />

when their risk management strategies fail <strong>and</strong><br />

incidents occur, to ensure this situation is effective<br />

in protecting the environment. Governments<br />

need to have mechanisms for compensation when<br />

environmental damage occurs, including the use<br />

of financial punishments.<br />

Stage 3: Encourage better performance<br />

Once significant progress has been made at Stages<br />

1 <strong>and</strong> 2, it is feasible to encourage industry to go<br />

beyond required st<strong>and</strong>ards. At Stage 3, governments<br />

should focus on working with industry<br />

rather than on comm<strong>and</strong>. Most of the industry is<br />

already aiming at continuous improvement <strong>and</strong><br />

this can be expected to achieve more than the coercive<br />

st<strong>and</strong>ards of a government, since industry has<br />

the necessary technical skills, management capacity<br />

<strong>and</strong> business incentive to improve its operations.<br />

Added to this, the mining industry operates<br />

worldwide in many different circumstances <strong>and</strong><br />

with different levels of government st<strong>and</strong>ards. The<br />

initiatives of industry leaders, or the industry as a<br />

whole, towards sustainable development <strong>and</strong> continuous<br />

improvement is not bound or limited to<br />

the st<strong>and</strong>ards or legislation of any government, but<br />

rather by the industry’s own expectations, <strong>and</strong> by<br />

how its members want their operations, reputation<br />

<strong>and</strong> performance to be perceived.<br />

Governments can provide encouragement<br />

through a variety of economic instruments, such<br />

as load-based licenses or differential taxes on environmentally<br />

sound products. They can also promote<br />

concepts such as cleaner production,<br />

environmental management systems, or the use of<br />

mine improvement plans to encourage industry<br />

to continually improve beyond the required st<strong>and</strong>ards<br />

of a country.<br />

If the use of authority, which was appropriate<br />

at the previous stages, is extended to this partnership<br />

stage then the system will fail. It is not appropriate<br />

to use coercive approaches to require<br />

industry to do better than regulations require, or<br />

for government to prescribe the means of achieving<br />

further improvements in performance. The<br />

role of government at this stage is to encourage<br />

better performance <strong>and</strong> to assist industry’s<br />

improved performance by removing obstacles,<br />

encouraging innovation <strong>and</strong> improvement, <strong>and</strong><br />

providing a more amenable atmosphere in which<br />

industry can function.<br />

How should the mining industry<br />

respond?<br />

While some parts of the mining industry have<br />

been slow to respond to the challenge, the best<br />

performers are showing the way to sustainable<br />

development. Three examples of actions by industry,<br />

some in conjunction with governments, are<br />

given in Box 3.<br />

The most cost-effective environmental protection<br />

is obtained when the environment is considered<br />

at the start of a project. It is therefore somewhat<br />

surprising that, in the case of many mines,<br />

consideration, planning <strong>and</strong> management of mine<br />

rehabilitation, etc. still take place after the mine<br />

has already begun to operate. There are already<br />

too many mined-out sites in the world where<br />

insufficient planning, an unsatisfactory initial<br />

choice of equipment <strong>and</strong> inadequate rehabilitation<br />

provisions have left a legacy of environmental<br />

costs.<br />

The industry response with regard to new <strong>and</strong><br />

existing mines is nevertheless improving. Alcoa of<br />

Australia has been one of the leaders, with its rehabilitation<br />

of open-cut bauxite mines in the forest<br />

areas of Western Australia. Rehabilitation was<br />

planned for each 30-hectare pod before mining<br />

began. <strong>Mining</strong> equipment was chosen according<br />

to its suitability for use in rehabilitation work;<br />

mines were constructed so as to allow management<br />

of run-off water; mine floors were decompacted;<br />

topsoil <strong>and</strong> overburden were transferred<br />

from new pods to the previous ones for rehabilitation;<br />

<strong>and</strong> seed banks, nutrient reserves, seedling<br />

selection <strong>and</strong> plant disease were studied so that a<br />

juvenile forest compatible with the surroundings<br />

could be planted. Today a number of other mining<br />

operations have had similar successes.<br />

There is now a significant body of “how to” literature,<br />

both national <strong>and</strong> international, on environmental<br />

protection in the mining industry.<br />

Among the most useful publications are: UNEP’s<br />

Mine Rehabilitation for Environment <strong>and</strong> Health<br />

Protection: A Training Manual; the Australian<br />

Mineral <strong>and</strong> Energy Environment Foundation’s<br />

34 ◆ UNEP Industry <strong>and</strong> Environment – Special issue 2000

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