Environmental and Social Impact Assessments in Mining Legal Frameworks

This case study by the International Institute for Sustainable Development (IISD) examines Environmental and Social Impact Assessment (ESIA) legal frameworks in mining, focusing on California (USA), Kazakhstan, and Queensland (Australia). It identifies ten key components of a strong ESIA framework and analyzes how these three jurisdictions implement and improve their respective systems to meet sustainability goals.

• The report identifies ten essential themes for a robust ESIA legal framework: commitment to sustainable development, coordination, coverage of all mine development phases, public engagement and transparency, grievance mechanisms, clear ESIA requirements, environmental and social management, mine closure plans with financial assurance, permits and approvals, and monitoring, inspections, and enforcement.
• California's ESIA framework is characterized by the California Environmental Quality Act (CEQA), which requires lead agencies to implement feasible mitigation measures to avoid or lessen significant adverse effects. The system is notable for allowing public litigation if environmental reviews are deemed insufficient, which can lead to project delays.
• In California, the Surface Mine and Reclamation Act of 1975 prohibits surface mining until a reclamation plan and financial assurances—such as surety bonds or letters of credit—are approved. For metallic mineral extraction within one mile of a Native American sacred site, reclamation plans must return the land to approximately its original contours.
• Kazakhstan has significantly updated its legal framework, notably through the 2021 Environmental Code, which incorporates sustainability goals and impact assessment standards similar to European Union legislation. The country has utilized models from the EU, the UN, and the OECD to align its mining sector with international standards.
• Despite its comprehensive framework, Kazakhstan faces implementation challenges due to its political climate, a weakened social contract resulting from economic slowdown, and a deteriorating human rights situation following 2021 protests.
• Queensland, Australia, employs a comprehensive ESIA framework but has historically struggled with abandoned mines and insufficient financial assurances. A 2013 audit revealed approximately 15,000 abandoned mines and an estimated AUD 1 billion in rehabilitation liabilities, leading to the 2019 Mined Land Rehabilitation Policy and the 2020 Mineral and Energy Resources and Other Legislation Amendment Act.
• A review by Transparency International identified corruption risks in Queensland's mining approvals, specifically regarding the due diligence of proposing companies and the verification of technical modelling in ESIAs. In response, Queensland introduced 'disqualification criteria' in 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} }