GUIDANCE FOR GOVERNMENTS: IMPROVING LEGAL FRAMEWORKS FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT

This executive summary provides guidance for governments on establishing and improving legal frameworks for Environmental and Social Impact Assessment (ESIA) and management plans within the large-scale mining sector. It outlines 20 essential components of a comprehensive legal framework, details government responsibilities across the mine life cycle—from exploration to post-closure—and offers a practical methodology for conducting gap analyses to align national laws with international best practices.

• A comprehensive legal framework for ESIA and management in the mining sector should consist of 20 core components. These include a stated commitment to sustainable development, consistency across legal instruments, clear identification of responsible authorities, and the definition of social and environmental requirements for all phases of a mine's life cycle.
• Effective legal frameworks must mandate specific tools and processes to mitigate risks, including screening procedures to determine if a full ESIA is required, the development of Environmental and Social Management Plans (ESMPs), and the requirement for preliminary mine closure and post-mining transition plans accompanied by adequate financial assurance.
• Governments are advised to avoid the legal stabilization of environmental and social provisions in contracts and laws. This ensures that governments retain the ability to update and improve their legal frameworks as standards evolve.
• During the mine planning phase, the government's review of the ESIA report and management plans is the basis for the decision to approve or deny environmental authorization. This decision must consider all technically feasible alternatives, including the option of a "no project" alternative.
• Government responsibilities during the construction and operations phases focus on continuous management of impacts and benefits. This includes maintaining stakeholder engagement, ensuring transparency in compliance reporting, and requiring progressive rehabilitation throughout the mine's life.
• The closure and post-mining transition phase requires the legal framework to establish clear conditions for "exit tickets," relinquishment, and the management of residual risks, supported by regular updates to mine closure plans.
• To improve existing legal frameworks, governments should perform a "gap analysis" comparing their current laws to international good practice. The recommended reform process involves scanning for challenges, collaborating via inter-agency platforms, developing a framework to fill gaps, and implementing an action plan.

APA

International Institute for Sustainable Development (2020). GUIDANCE FOR GOVERNMENTS: IMPROVING LEGAL FRAMEWORKS FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT. https://www.iisd.org/system/files/2020-07/igf-esia-summary-en.pdf

Chicago

International Institute for Sustainable Development. GUIDANCE FOR GOVERNMENTS: IMPROVING LEGAL FRAMEWORKS FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT. 2020. https://www.iisd.org/system/files/2020-07/igf-esia-summary-en.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=GUIDANCE FOR GOVERNMENTS: IMPROVING LEGAL FRAMEWORKS FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT |date=2020 |url=https://www.iisd.org/system/files/2020-07/igf-esia-summary-en.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopment2020guidance, author = {{International Institute for Sustainable Development}}, title = {{GUIDANCE FOR GOVERNMENTS: IMPROVING LEGAL FRAMEWORKS FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT}}, institution = {International Institute for Sustainable Development}, year = {2020}, url = {https://www.iisd.org/system/files/2020-07/igf-esia-summary-en.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }