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FOR MINING
Dhaval Modi
August 2017
Suitability Criteria for Mining
Places considered for No-go criteria across the world (non-exhaustive list):
Criteria Authority
World Heritage sites ICMM, Bank of America, Citi Group, JP Morgan, Shell,
AIIB
Watershed catchment areas, Rivers India, Philippines, USA1 , Nova Scotia, Qubec, El
Salvador
National parks India, Philippines, USA, Sweden, Ecuador, Canada,
Colombia
Primary forests Philippines, India, Canada
Migratory Birds Sanctuary Philippines, India
Biological and Cultural diversity Philippines, India, AIIB
Ramsar Wetlands Colombia, HSBC, AIIB
Sacred natural sites/ sacred groves India
Affects Indigenous people, local communities Canada, Afghanistan
Local communities overwhelmingly reject the proposal Colombia
in a referendum
Indigenous burial grounds, cemeteries USA (NAGPRA)
Large relocation JP Morgan
Finances an ongoing Conflict Total, Soco, Norway Oil Fund
Small Islands and Mountain tops JP Morgan (mountain top), Indonesia (small Islands)
Artic / Antarctic Protocol on Environmental Protection to the
Antarctic Treaty
Deep Sea floor mining UNCLOS
Pollution due to deadly by-products and toxic reagents Costa Rica, El Salvador, Germany, Turkey, Hungary,
used (Mercury, Cyanide, Arsenic etc.) Czech Republic
Already has a heavy pollution load present in the India
environment
Damage due to secondary pressures (increased
urbanisation, infrastructure etc)
Agricultural Lands Philippines, British Columbia
Administrative and Defence reservations, bridges, Philippines
highways, railroads, dams, other infrastructure projects
Annual Tourism income exceeding certain amount Philippines
Active Seismic zones (considered in Peru)
Places prone to natural disasters like landslides, (considered in Peru, Indonesia)
flooding and hurricanes
1
Wild and Scenic Rivers
Name Description Source/Comments
Multilateral Conventions, Treaties and Organizations:
UNESCO ----
In 1998 World Heritage Center, IUCN and ICOMOS World Heritage and Extractive Industries
initiated discussion with ICMM regarding effect of
mining on World Heritage sites.
UNESCO welcomed ICMMs pledge on not mining in
World Heritage sites in 2003.
In 2015, UNESCO identified 59 out of 203 protected
sites that face threat from extractive industries.2
International IUCNs position is that mineral and oil/gas exploration IUCN World Heritage Advise Note: Mining
Union for and exploitation (including associated infrastructure and Oil/Gas Projects (2013)
Conservation of and activities) is incompatible with the Outstanding
Nature (IUCN) Universal Value of World Heritage Sites and should
not be permitted within these sites.
All exploration and extraction of mineral resources in
protected areas corresponding to IUCN Protected
Areas Management Categories I to IV should be
prohibited by law, and that such projects in Category
V and VI sites should undergo thorough
Environmental Impact Assessments (EIA).3
International ICMM with World Heritage Center and IUCN reached No-Go Commitment (2003)
Council on No-Go Commitment from major mining corporations
Mining and in 2003: *Prohibits mining within the UNESCO World
Metals (ICMM) 1. Respect legally designated protected areas Heritage sites, but does not insist on a buffer
2. Not explore or mine in World Heritage zone thus leaving the site vulnerable to
properties. transboundary damage.
Protocol on Art 7: Any activity relating to mineral resources, other Protocol on Environmental Protection to
Environmental than scientific research, shall be prohibited. the Antarctic Treaty (1991)
Protection to Art 25: Article 7 ban on mining may not be repealed
the Antarctic unless a future treaty establishes a binding regulatory
framework for such activity
Treaty
(Madrid
Protocol)
United Established the marine environment beyond national United Nations Convention for Law of
Nations jurisdictions (The Area) as the common heritage of Sea (UNCLOS)
Convention mankind.
for Law of Sea Mineral Resource Exploitation in The Area would be
under The International Seabed Authority and
(UNCLOS) Polymetallic nodules, polymetallic
exclusively for peaceful purposes, and aligned with
sulphides and cobalt-rich
2
http://www.reuters.com/article/us-mining-heritagesites-idUSKCN11B1YD
3
Category I Strict Nature Reserve or Wilderness Areas for scientific purposes or wilderness protection
Category II National Parks for ecosystem protection and recreation
Category III Natural Monuments for conservation of specific natural features
Category IV Habitat or Species Management Areas for conservation through management intervention
Category V Protected Landscape or Seascapes for landscape protection and recreation
Category VI Managed Resource Protected Areas for the sustainable use of natural ecosystems
UN Charter and other rules of international law in the ferromanganese crusts are mineral ores
interests of maintaining peace and security. mined.
Art 149: All objects of historical nature will be
preserved.
Art 145: Prevention, reduction and control of
pollutionto the marine environment, including the
coastline and of interference with the ecological
balance of the marine environment.
Protection and conservation of the natural resources
of the Area and the prevention of damage to the flora The regions under exploration are:
and fauna of the marine environment. 1. Clarion Clipperton Fracture Zone
Art 147: Activities in Area shall be carried out with 2. Indian Ocean
reasonable regard for other activities in the marine 3. Mid Atlantic Ridge
environment 4. Pacific Ocean
Art 150: Orderly, safe and rational management of 5. South Atlantic Ocean
resources of the Area in accordance with sound
principles of conservation, the avoidance of
unnecessary waste.
Art 194: States shall take all measures that are
necessary to prevent, reduce and control pollution
using best practicable means at their disposal in
accordance with their capabilities.
Industry Standards:
Equator Discusses process for managing Environmental and Equator Principles
Principles Social Risk; but does not indicate any no-go criteria. It
only states that industry should follow national law or
international standards and best practices.
International For mining projects in legally protected areas as well IFC Sustainability Framework 2012
Finance as World Heritage sites, IFC requires company to
Corporation meet stringent performance standard in order for the
(IFC) project to be financed by IFC.
Financial Institutions:
World Bank In 2003 Extractive Industries Review recommended Extractive Industries Review (2003)
that World bank take leadership role and not finance
any mining projects affecting World Heritage
properties and mining sites within critical natural
habitat zones.
World Bank has not made any official policy.
World Bank does keep an internal list of areas that
fulfil the critical ecosytems and precludes investments
that involve their significant conversion.
Asian Bank will not knowingly finance projects that involves Environmental and Social Framework (2016)
Infrastructure activities prohibited by legislation of the country in (Exclusion List)
Investment which the Project is located or by international
Bank (AIIB) conventions relating to the protection of biodiversity
resources or cultural resources, such as, Bonn
Convention, Ramsar Convention, World Heritage
Convention and Convention on Biological Diversity.
J.P. Morgan Prohibits any transactions for resource development Environmental and Social Policy Framework
within UNESCO World Heritage sites.
Enhanced review for projects in key biodiversity areas,
Ramsar wetlands, legally protected IUCN I-VI, critical
habitats of endangered species and migratory species,
and high conservation value forests.
Prohibits development of any greenfield mines and
mountain top coal mining.
Citi Group Citi will not directly finance new mining projects 2015 Environment and Social Policy
within the boundaries of a World Heritage Site. Framework
For following Areas of High Caution and Special
Focus it shall follow after judicious assessment of
impacts and risks:
a) Critical Habitat, Areas of High Conservation
Value and Significant Cultural Heritage Value
including World Heritage Sites, RAMSAR
wetlands, national parks, or other areas of
significant cultural heritage value
b) Indigenous Peoples Land
c) Large scale resettlement
d) Company Community Conflict Risk
Bank of Prohibits natural resource extraction within UNESCO 2016 Environment and Social Policy
America World Heritage Sites. Framework;
Bank of America will use due diligence measures to Forests Practices Policy
assure that lending proceeds are not used to finance
commercial projects or operations that result in
resource extraction from, or the clearing of:
a) Primary tropical moist forests;
b) Intact forests as defined by the World
Resource Institute (WRI);
c) Primary forests in temperate or boreal forest
regions that are not managed using
sustainable forestry practices as verified by an
independent third party audit; and
d) High conservation value forests5 unless under
approved conservation plans verified by an
independent, third party audit with necessary
permits granted by applicable
governmental/regulatory authorities.
HSBC HSBC does not wish to support projects which could HSBC World Heritage Sites and Ramsar
result in: Wetlands Policy (2014)
a) World Heritage Site being placed on the In
Danger list
b) The special characteristics of a Ramsar
Wetland being threatened
Sovereign Norwegian Oil Funds Ethical Council established in
Wealth Funds 2004, has divested and blacklisted companies dealing
in coal mining, arms production, severe
environmental degradation and gross human rights
violations. Some of the companies it has blacklisted
for environmental degradation include Barrick Gold
Corporation, Freeport McMoran, Norilsk Nickel, Rio
Tinto, Vedanta Resources, Volcan and Zijin Mining. It
has also divested from 53 coal companies including
Peabody Energy, Arch Coal, Coal India and China Coal
Energy.
Extractive Industry:
International ----
Petroleum
Industry
Environmental Recommends best practices to deal with any disputes
Conservation with indigenous communities or mining in biodiversity
Association hot spot.
(IPEICA)
Shell 1. Shell will not explore for, or develop, oil and gas Shell.com
resources in natural World Heritage Sites;
2. It will further improve the way it operates in
International Union for Conservation of Nature
(IUCN) Category I-IV protected areas, and areas of
high biodiversity value;
3. It will publicly report on its activities in IUCN
Categories I-IV; and
4. Shell will work with IUCN and others to help
safeguard protected areas.
Governments:
Government of Federal Land Policy and Management Act establishes Federal Land Policy and Management Act
USA policies for administration, development and (FLPMA), (1976)
protection of public lands. It states use of land along
with preservation of natural resources through
multiple use and sustained yield, i.e.
management of the public lands and their various
resource values so that they are utilized in the
combination that will best meet the present and
future needs of the American people.
It allows Bureau of Land Management to classify areas
as Wilderness Study areas for a period of 15 years.
Wilderness Study Areas are defined as undeveloped
United States federal land retaining its primeval
character and influence, without permanent
improvements or human habitation, and managed to
preserve its natural conditions4.
Secretary of Interior can protect federal lands to avoid
unnecessary or undue degradation of the lands
which is interpreted as substantial irreparable harm5.
This was upheld when Glamis Imperial Gold proposed
to mine within the California Desert Conservation
Area (CDCA).
4
Characteristics of Wilderness Study Area:
(a) Size Roadless areas of at least 5,000 acres (20 km2) of public lands or of a manageable size;
(b) Naturalness Generally appears to have been affected primarily by the forces of nature rather than human activity;
(c) Opportunities Provides outstanding opportunities for solitude or primitive and unconfined types of recreation.
5
https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37007.pdf
Management and Protection Area, Forest Reserve and
Outstanding Natural Area.
6
http://www.npr.org/templates/story/story.php?storyId=90631198
soon consensus was reached on ANCSA, also an
amendment in Antiquities Act required a
Congressional approval for any future allocation in
Alaska greater than 5,000 acres.
7
The ANILCA Act provided for 43,585,000 acres of new national parklands in Alaska; the addition of 9.8 million acres to
the National Wildlife Refuge System; twenty-five wild and scenic rivers, with twelve more to be studied for that
designation; establishment of Misty Fjords and Admiralty Island National Monuments in Southeast Alaska; establishment
of Steese National Conservation Area and White Mountains National Recreation Area to be managed by the Bureau of
Land Management; the addition of 9.1 million acres to the Wilderness Preservation System, and the addition of 3,350,000
acres to Tongass and Chugach National Forests.
Acid-forming, toxic, or other deleterious materials:
Mining operations must incorporate identification,
handling, and placement of potentially acid-forming,
toxic or other deleterious materials into operations,
facility design, reclamation, and environmental
monitoring programs to minimize the formation and
impacts of acidic, alkaline, metal-bearing, or other
deleterious leachate, including the following:
You must handle, place, or treat potentially acid-
forming, toxic, or other deleterious materials in a
manner that minimizes the likelihood of acid
formation and toxic and other deleterious
leachate generation (source control);
If you cannot prevent the formation of acid, toxic,
or other deleterious drainage, you must minimize
uncontrolled migration of leachate; and
You must capture and treat acid drainage, or
other undesirable effluent, to the applicable
standard if source controls and migration controls
do not prove effective. You are responsible for
any costs associated with water treatment or
facility maintenance after project closure. Long-
term, or post-mining, effluent capture and
treatment are not acceptable substitutes for
source and migration control, and you may rely
on them only after all reasonable source and
migration control methods have been employed.
8
http://www.imcc.isa.us/Mitchell%20Leverette%20Bonding%20Presentation.pdf
closure structures required by the filed Notice or
approved Plan of Operations; and
Where applicable, labor costs must be based on
federally mandated labor rates, as required by the
Davis-Bacon Act and the Federal Acquisition
Regulations (FAR) for contracts over $2,000.
Wisconsin requires companies to show a metallic Wisconsins Prove It First Law (1997)
sulfide mine that can run for a decade without
polluting state waters and a sulfide mine has been
closed in the state for a decade without polluting the
water. The moratorium is actually a permit condition
required by the state.
Nevada leads the way in conforming to BLMs cyanide Nevadas NRS 445A
containment policy. Nevadas Bureau of Mining
9
http://www.e-mj.com/features/1656-the-current-status-of-cyanide-regulations.html#.WX9G_cbMwy4
Regulation and Reclamations policy is set out in
Preparation Requirements and Guidelines for
Permanent Closure Plans and Final Closure Reports
(NRS 445A). It applies to all mines on any property. It
primarily ensures that waters of the state are not
degraded after mining operations have ceased. BLM
will not consider approval of mine closure without a
satisfactory closure report. For individual sources
nearing closure, all heap leaching pads and tailing
impoundments must be neutralized; prior
detoxification historic chemical use and materials
characterization must be detailed in a closure report.
Californias Senate Bill 22
California legislature enacted Senate Bill 22, which
required complete backfilling and grading for mining
operations within 1 mile of Native American sacred
sites.
New Mexico Mining Act, (1993)
The Mining Act establishes standards for obtaining
mining permits of hard rock and industrial minerals
(coal, oil and gas and nuclear are excluded). The act
requires a close out plan to be submitted that
demonstrates the work to be done to reclaim the
permit area to a condition that allows for the
reestablishment of a self-sustaining ecosystem
appropriate for the life zone of the surrounding
areas; unless conflicting with a post-mining land use
(no other waivers allowed), that the proposed
reclamation is economically and technically feasible,
and that all environmental requirements can be met
without perpetual care.
Art 36- 12: If a prediction of an end date on which
treatment will no longer be required cannot be made
with a reasonable degree of certainty, then a
discharge should not be allowed to begin.
The Act also requires for the mining operator to
provide financial assurance, sufficient to assure the
completion of the performance requirements of the
permit, including closure and reclamation, if the work
had to be performed by the director or a third party
contractor. The act also prohibits the operator from
using any type or variety of self-guarantee or self-
insurance.
10
Weighted Forest Cover = 0.85(Dense forest cover) + 0.55(Moderately dense) +0.25(Open forest cover). This is divided
by the total area of the block for the percentage.
11
* Forest type, based on Forest Survey of India data, would be scored based on extent, range and uniqueness of natural
vegetation types (giving high scores to very valuable or highly restricted forest types).
* Biological richness was to be scored based on the country-wide biodiversity characterization carried out by the Indian
Institute of Remote Sensing.
* Wildlife values were to be scored on the presence of wildlife protected areas, such as national parks and wildlife
sanctuaries and identified animal corridors.
* Forest cover was to be rated, using Forest Survey of India data, as an average of gross forest cover and weighted forest
cover, the latter giving greater weightage to areas with higher canopy density.
* Landscape integrity was to be assessed from satellite images and maps based on the degree of forest fragmentation
around the grid cell. Larger, more intact forest blocks would score higher than areas that had been fragmented by other
intervening land uses.
* Hydrological value of forests finally would be assessed based on whether they served as catchments for perennial
streams, hydro-power or irrigation projects, or water supply schemes, and in relation to their proximity to streams and
rivers.
decisions by mining companies that might affect their
legal right to harvest, hunt and fish on lands they
dont own.
Government of All prospection, exploration, exploitation, extraction
El Salvador or processing of metallic minerals in El Salvador has
been banned, as indigenous groups prioritized human
rights, access to clean water and long term protection
of environmental resources.
European ----
Union The European Union (EU) has set the most stringent
cyanide limits for tailings ponds in the world
Adopted Directive 2006/21/EC, on the management
of waste from mineral extraction operations. Article
13(6) requires the concentration of weak acid
dissociable cyanide in the pond [be] reduced to the
lowest possible level using best available techniques.
12
https://www.nytimes.com/2017/03/29/world/americas/el-salvador-prizing-water-over-gold-bans-all-metal-mining.html
13
http://www.simco.gov.co/Portals/0/ley685_E.pdf
Government of NIPAS Act (1992) protects Strict Nature Reserve, National Integrated Protected Area System
Philippines Nature Park, Nature Monument, Wildlife Sanctuary, (NIPAS) Act
Protected Landscapes and Seascapes, Resource
Reserves and Natural Biotic Areas.