Renonciation de sites miniers fermés : Mesures politiques pour les gouvernements

This report by the International Institute for Sustainable Development (IISD) outlines policy steps for governments to manage the relinquishment of closed mine sites—the legal transfer of responsibility from the operator to a new owner or the state. Analyzing over 40 jurisdictions, it finds a global lack of clear relinquishment frameworks. It highlights successful models in Saskatchewan, Queensland, and Chile, and recommends a six-step process involving comprehensive closure plans, independent verification, residual risk assessment, and dedicated long-term funding mechanisms to ensure environmental stability and sustainable land reuse.

• Relinquishment is the legal transfer of responsibility for a closed mine site from the operator to the government or a subsequent landowner. This process can only occur once all closure activities are completed, approved by the regulator, and funding for residual risk management is ideally in place.
• The absence of clear relinquishment policies creates several risks: operators may lack incentive to implement the strictest closure standards if they hold the site indefinitely, and there is an increased risk of mine abandonment in cases of corporate closure or bankruptcy.
• A global review of over 40 jurisdictions reveals that very few provide clear and actionable processes for relinquishment, and many do not mention it in their mining or closure policies at all.
• Saskatchewan's Institutional Control Program (PCI), established in 2007, is cited as one of the best-developed processes. It requires a typical post-closure monitoring period of 10 years or more and utilizes two separate funds: a Monitoring and Maintenance Fund for planned costs and an Unforeseen Events Fund for unexpected occurrences.
• Queensland, Australia, requires a residual risk assessment and a payment to cover potential environmental management costs before an environmental authority can be surrendered. The state is developing a residual risk calculator to assist in these cost estimations.
• Chile's Law 20551 (effective November 2011) requires closure plans to include post-closure monitoring and control measures based on risk assessments. It mandates a non-refundable contribution to a fund managed by an independent financial institution to cover these costs.
• The report recommends a six-step policy framework for governments to achieve relinquishment: 1) require comprehensive closure plans; 2) perform independent inspections; 3) require residual risk monitoring and management plans; 4) establish a relinquishment funding mechanism; 5) execute the legal transfer; and 6) implement the monitoring and management plan.
• Effective relinquishment requires that post-mining land uses be clearly identified and compatible with the next owner or manager. The report suggests considering uses that generate revenue, such as energy facilities, to offset long-term monitoring and maintenance costs.
• Funding for relinquishment is distinct from operational financial assurance as it is generally non-refundable and may be required for decades. Options include maintaining financial assurance, third-party management, pooled funds (where risk is shared across multiple sites), or transferring responsibility to a new commercial owner.
• Legal challenges to full relinquishment exist in jurisdictions like Canada and Australia, where the 'polluter-pays' principle may hold the original operator liable for future environmental issues even after the government has accepted the site.

APA

Stevens, R. (2023). Renonciation de sites miniers fermés : Mesures politiques pour les gouvernements. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-fr.pdf

Chicago

Stevens, Rob. Renonciation de sites miniers fermés : Mesures politiques pour les gouvernements. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-09/relinquishment-closed-mines-policy-steps-for-governments-fr.pdf.

Wikipedia

{{cite report |last1=Stevens |first1=Rob |title=Renonciation de sites miniers fermés : Mesures politiques pour les gouvernements |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-fr.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{stevens2023renonciation, author = {Stevens, Rob}, title = {{Renonciation de sites miniers fermés : Mesures politiques pour les gouvernements}}, 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-fr.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }