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

The report defines restitution as the legal transfer of responsibility for a mine site from the operator to a new owner after closure activities are completed and approved. It argues that current global practices are often insufficient, leading to indefinitely managed sites or abandoned mines. The document outlines six recommended steps for governments: requiring comprehensive closure plans, conducting independent inspections, establishing residual risk management plans, creating funding mechanisms, executing legal transfers, and implementing long-term monitoring. It highlights successful models in Saskatchewan, Queensland, and Chile, while noting that risk aversion and lack of clear legal frameworks often hinder restitution in developed mining jurisdictions.

• Restitution is defined as the legal transfer of site responsibility from the mine operator to the next landowner after all closure activities are completed and approved by the regulatory authority.
• The report identifies a global gap in restitution policies, noting that few jurisdictions provide clear, actionable processes and many do not address restitution in their mining or closure policies at all.
• Saskatchewan's Institutional Control Program (ICP), established by the Recovered Industrial Sites Act of 2007, is cited as a well-developed model. As of January 2022, it included 30 closed mines and utilizes a Monitoring and Maintenance Fund and an Unforeseen Events Fund.
• Queensland, Australia, manages restitution through the surrender of environmental permits, requiring a final rehabilitation report and a payment to cover potential environmental management costs based on a residual risk assessment.
• Chile's Law 20551 (effective November 2011) requires closure plans to include post-closure monitoring and control measures, backed by a non-refundable contribution to a fund managed by an independent financial institution, though as of June 2023, no mine had completed the transition to restitution.
• Residual risks are categorized into two types: known costs for monitoring and maintenance to ensure closure objectives are met, and unknown future risks identified through post-closure monitoring or unforeseen events.
• The report recommends six specific policy steps for governments to achieve restitution: 1) requiring comprehensive closure plans, 2) completing independent inspections, 3) requiring residual risk monitoring and management plans, 4) establishing funding mechanisms, 5) executing legal transfer processes, and 6) implementing the monitoring and management plan.
• A significant barrier to restitution in developed mining jurisdictions is the lack of willingness by governments and stakeholders to accept residual risk, often due to historical legacies of abandoned mines and political reluctance.
• The report suggests that post-mining land uses should be compatible with the next owner and, where possible, generate income to offset monitoring and maintenance costs, such as solar energy facilities or using waste rock as aggregates.
• Legal frameworks in some jurisdictions, such as Canada and Australia, may prevent the total exemption of an operator's liability based on the 'polluter pays' principle, meaning operators could remain responsible for future environmental problems even after restitution.

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} }