Environmental and Social Impact Assessments in Mining Legal Frameworks

The report identifies ten key components of a strong ESIA legal framework and evaluates their application in three jurisdictions. California is highlighted for its rigorous environmental review and climate change integration, Kazakhstan for its recent legislative updates aligned with EU standards, and Queensland for its comprehensive framework and use of internal audits to address rehabilitation liabilities and corruption risks.

• A robust ESIA legal framework consists of ten core themes: commitment to sustainable development, coordination, coverage of all mine development phases, public engagement and transparency, grievance mechanisms, specific ESIA requirements, environmental and social management, mine closure plans with financial assurance, permits and approvals, and monitoring and enforcement.
• California's ESIA process integrates climate change by requiring Environmental Impact Reports (EIR) to assess a project's incremental contribution to climate change and greenhouse gas emissions, even if those emissions are small relative to global totals.
• California utilizes the Surface Mining and Reclamation Act of 1975 to mandate that reclamation plans and financial assurances—such as surety bonds or letters of credit—be approved before surface mining operations can begin.
• Kazakhstan has updated its legal framework through the 2021 Environmental Code, which incorporates sustainability goals and impact assessment standards similar to European Union legislation.
• Kazakhstan's mining sector reforms, including the 2018 Code on Subsoil and Subsoil Use, were influenced by models from Western Australia and the OECD to increase certainty for exploration licenses and attract foreign investment.
• Queensland's legal framework is comprehensive, but internal audits by the Queensland Audit Office in 2013 revealed significant gaps, including that only one third of mine sites were in compliance and that approximately 15,000 abandoned mines existed with AUD 1 billion in rehabilitation liabilities.
• To combat corruption risks identified by Transparency International, Queensland introduced 'disqualification criteria' in the Mineral and Energy Resources and Other Legislation Amendment Act 2020 to allow the state to deny permits based on a company's history of violations.

APA

Hill, J., Naré, C., & Duckett, D. (2023). Environmental and Social Impact Assessments in Mining Legal Frameworks. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-09/environmental-social-impact-assessments-mining-legal-frameworks.pdf

Chicago

Hill, Jenifer, Clémence Naré, and Dave Duckett. Environmental and Social Impact Assessments in Mining Legal Frameworks. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-09/environmental-social-impact-assessments-mining-legal-frameworks.pdf.

Wikipedia

{{cite report |last1=Hill |first1=Jenifer |last2=Naré |first2=Clémence |last3=Duckett |first3=Dave |title=Environmental and Social Impact Assessments in Mining Legal Frameworks |publisher=International Institute for Sustainable Development |date=2023 |url=https://www.iisd.org/system/files/2023-09/environmental-social-impact-assessments-mining-legal-frameworks.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{hill2023environmental, author = {Hill, Jenifer and Naré, Clémence and Duckett, Dave}, title = {{Environmental and Social Impact Assessments in Mining Legal Frameworks}}, institution = {International Institute for Sustainable Development}, year = {2023}, url = {https://www.iisd.org/system/files/2023-09/environmental-social-impact-assessments-mining-legal-frameworks.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }