Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
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LEXPERT MAGAZINE | OCTOBER 2019 21 government-to-government processes for all stages of the mining, including prior to the environmental assessment stage. e new BC Environmental Assessment Act does not include processes that implement free, prior and informed consent as a veto right on the part of Indigenous groups, but rather incorporates a range of consensus-based and dispute resolution mechanisms into the as- sessment process, to allow for increased in- put and participation by Indigenous groups. WASTE DISPOSAL AND MANAGEMENT BC Mining Law Reform recommends reducing the number of existing tailings dams; moving away from wet tailing im- poundments; adopting the Initiative for Responsible Mining Assurance (IRMA) Standard for Responsible Mining for waste management; and banning disposal of wastes into lakes, rivers, or oceans. CLOSURE RECLAMATION AND ABANDONED MINES BC Mining Law Reform recommends that mining companies be required to provide full financial security for independently reviewed reclamation costs before permits are issued. In transitioning, existing mines would be required to provide full security within two years. e organization also rec- ommends establishing more definite stan- dards and timelines with greater emphasis on independent review and community stakeholder involvement. Further, the net- work recommends the establishment of a rehabilitation fund that active mining com- panies contribute on a proportional basis, similar to what has been implemented in Western Australia. WATER PROTECTION BC Mining Law Reform recommends the adoption of the IRMA Standard for Responsible Mining water management standards, including full consultation with communities and stakeholders on critical water-related issues, with third party inde- pendent reviews. e network also recom- mends the prohibition of mines likely to re- quire perpetual water treatment unless able to meet exceptional criteria. "BC Mining Law Reform is made up of 30 local, provincial, and national organizations with leadership from the University of Victoria's Environmental Law Centre." COVER STORY FEATURES MONITORING AND ENFORCEMENT BC Mining Law Reform recommends estab- lishing an independent mining compliance and enforcement unit with a mandate to protect the environment. e network also recommends cumulative fines for repeat non- compliance and implementing other revisions to the current fines and sanctions regime. In terms of transparency and account- ability to citizens, the network recommends the regular public posting of all mine envi- ronmental data, requiring the responsible minister(s) to provide written decisions for all denials and approvals of mining activi- ties, and enabling private prosecutions and/ or enacting citizen suit provisions for envi- ronmental violations. PLACER MINING BC Mining Law Reform believes the cur- rent regulatory regime for placer mines is inadequate. To improve the regime they rec- ommend requiring environmental assess- ments for proposed placer mine operations, enacting a clear minimum riparian setback of at least 30 meters, and developing strong rules to control the impact of jade mining. e network also advocates for the repeal of section 3(c)(i) of the Placer Mining Waste Control Regulations that exempts certain regions from sections of the Environmental Management Act. POLLUTER PAYS BC Mining Law Reform endorses the pol- luter pays principle and recommends re- quiring mining companies to provide secu- rity for clean-up and reclamation and carry private insurance for all unplanned but probabilistic events. In cases where private insurance will not cover an event, the net- work recommends establishing a pooled in- dustry fund. e network also recommends establishing an independent claims process to adjudicate disputes over third-party compensation for mine pollution impacts. BC Mining Law Reform is made up of 30 local, provincial, and national organiza- tions with leadership from the University of Victoria's Environmental Law Centre. e objective of the network is to ensure min- eral resources are managed and developed in a way that protects and sustains the en- vironment while enhancing the social, cul- tural, and economic well-being of affected communities and all British Columbians. Of relevance to BC Mining Law Re- form's proposals, on September 21, 2019 the BC government announced that it is seeking feedback from the public on pro- posed changes to the Mines Act. Such pro- posed changes include: Formally separate specific authorities and decision-making powers under the Mines Act to ensure authorizations and permit- ting are separate from enforcement and auditing powers. Formally establish an independent over- sight unit with an auditing function. Enhance compliance and enforcement provisions.