Mine Closure Planning and Mining Environmental Liabilities 20 Years after Closure Legislation in Peru

Mining activity involving the exploration and exploitation of a deposit introduces changes in the physical environment, ranging from the geoavailability of materials, which can alter the quality of surrounding water and soil, to the emission of noise and fine particles into the atmosphere which, if left uncontrolled, can affect the area's environmental quality.

In order to address this problem, the Peruvian Mining Sector has been implementing an environmental and social-focused legislation with the objective of assuring the development of sustainable mining projects that include the control of environmental impacts and the rehabilitation of affected areas when the mine reaches its final stage of operative life, via the execution of closure plans.

Since the publication of the mining closure law in 2003 and its consecutive modifications, mining closure plans have been considered preventive instruments of environmental management. In practice, mining operations have created their closure plans considering criteria and closure activities that end with the calculation of budget and financial warranties, which are estimated at the start of every mining operation and are put into action at the final stage of economic life of the mine. The authority receives the bond that corresponds to the total budget required to execute the final closure and post closure. This bond is liberated once the mining operator shows that the rehabilitated areas have reached physical, chemical, hydrological and biological stability.

There is also a legislation addressing the closure of old mining works, now abandoned, and that have been generated by mining exploitations prior to the 80s. Once inventoried, these facilities become part of the list of mining environmental liabilities and its rehabilitations become responsibility of the State. The closing plans for mining environmental liabilities are considered corrective instruments of environmental management. Therefore, these closing works are executed rapidly and no not require the imposition of financial warranty.

This paper describes the evolution of legislation and planification of closure plans for both current operations and mining environmental liabilities.