Restitución de Sitios de Minas Cerradas: Pasos de medidas políticas para los gobiernos

This report by the International Institute for Sustainable Development (IISD) provides a framework for governments to implement the 'restitution' of closed mine sites. Restitution is defined as the legal transfer of responsibility from the mine operator to a subsequent landowner after closure activities are completed and approved. The document identifies systemic gaps in global policies, where sites often remain indefinitely with operators or are transferred without adequate funding for long-term monitoring. It proposes a six-step policy process: requiring comprehensive closure plans, conducting independent inspections, establishing residual risk management plans, creating funding mechanisms, executing legal transfers, and implementing long-term monitoring.

• Restitution is the legal transfer of site responsibility from the mine operator to the next landowner after all closure activities are finished and approved by the regulator. It involves three core elements: the legal transfer of mining and land rights, the identification of a new owner or administrator to assume responsibility for residual risks, and the certification by authorities that closure criteria in an approved plan have been met.
• The report identifies a global lack of clear restitution processes. In less developed mining jurisdictions, restitution often occurs after limited inspection with little to no post-closure monitoring or remaining legal liability for the operator. Conversely, developed jurisdictions often struggle with restitution due to risk aversion by authorities, imprecise management protocols, or an inability to secure adequate financial provisions for residual risks.
• Saskatchewan, Canada, is highlighted as having one of the most developed restitution processes through its Institutional Control Program (ICP), established by the Recovered Industrial Zones Act of 2007. As of January 2022, 30 closed mines were in the program. The ICP requires a minimum of 10 years of active post-closure monitoring and utilizes two separate funds: a Monitoring and Maintenance Fund (valued at approximately CAD 620,000 as of April 2022) and a Contingency Fund (valued at approximately CAD 95,000 as of April 2022) to cover unforeseen events.
• Queensland, Australia, manages restitution through the surrender of environmental permits. This process requires a final rehabilitation report, a post-surrender management report, and a residual risk assessment. Operators must provide a payment to cover potential environmental management and protection costs, which are administered by the State.
• Chile's Law 20551, effective since November 2011, requires closure plans to include post-closure monitoring, control measures, and associated costs backed by a risk assessment. It mandates a non-refundable contribution to a fund managed by an independent financial institution. However, as of June 2023, no mine had completed the transition to restitution under this law, partly because restitution is unlikely while significant liabilities, such as water treatment, persist.
• Residual risks are defined as liabilities remaining after closure, including the need for ongoing monitoring of geotechnical stability or water, management of invasive plants, and unforeseen events like unusual weather or tailings pile failure. The report notes that a lack of willingness by governments to accept these residual risks often hinders the restitution process, especially in developed jurisdictions.
• The report recommends a six-step policy framework for governments to achieve restitution: 1) Require comprehensive closure plans with clear completion criteria; 2) Conduct independent inspections or audits of completed closure activities; 3) Require a residual risk monitoring and management plan; 4) Establish a non-refundable funding mechanism for post-closure costs; 5) Execute the legal transfer of the site; and 6) Implement the monitoring and management plan.
• Effective restitution requires the selection of post-mining land uses that are compatible with the future owner and, where possible, generate income to offset monitoring and maintenance costs. Examples of such uses include solar energy facilities, using waste rock as aggregates, using mine water for irrigation, or leasing land to legally registered small-scale miners.
• Legal challenges to restitution include the 'polluter pays' principle, which in jurisdictions like Canada and Australia may mean operators remain legally responsible for future environmental problems even after the government has accepted the site. The report notes that in British Columbia, while restitution is mentioned in the Health, Safety and Reclamation Code, there is a lack of clear guidance on how to achieve it.
• The report suggests several funding alternatives for post-closure management: retaining a portion of the financial guarantee for a set period (10-15 years), using external management via financial institutions or development banks, creating pooled funds where multiple sites share risk (as seen in the Northern Territory of Australia), or transferring the site to a new operator who assumes the risks in exchange for the restitution funds.

APA

Stevens, R. (2023). Restitución de Sitios de Minas Cerradas: Pasos de medidas políticas para los gobiernos. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-es.pdf

Chicago

Stevens, Rob. Restitución de Sitios de Minas Cerradas: Pasos de medidas políticas para los gobiernos. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-es.pdf.

Wikipedia

{{cite report |last1=Stevens |first1=Rob |title=Restitución de Sitios de Minas Cerradas: Pasos de medidas políticas para los gobiernos |publisher=International Institute for Sustainable Development |date=September 2023 |url=https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-es.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{stevens2023restitucin, author = {Stevens, Rob}, title = {{Restitución de Sitios de Minas Cerradas: Pasos de medidas políticas para los gobiernos}}, institution = {International Institute for Sustainable Development}, year = {2023}, month = sep, url = {https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-es.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }