Chapter 3

3. Corporate, Regulatory and Community Framework
Last Update: June 2009

GARD Guide Chapter 3

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The issues and approaches related to ARD prevention and management are the same around the world. However, despite the global similarities of ARD issues, there is no “one size fits all” approach to address ARD management. The setting of each mine is unique and requires a carefully considered assessment to find a management strategy within the broader corporate, regulatory and community framework that applies to the project in question. The site-specific setting comprises the social, economic and environmental situation within which the mine is located, whilst the framework comprises the applicable corporate, regulatory norms and standards and community-specific requirements and expectations.

All mining companies need to comply with the national legislation and regulations pertaining to ARD of the countries within which they operate. It is considered good corporate practice to adhere to global ARD guidance as well, and in many cases such adherence is a condition of funding. Caution is needed to ensure all specifics of the country regulations are met, as corporate ARD guidelines cannot be a substitute for country regulations. The GARD Guide is focused around proven field-tested technologies and, as such, is not a regulatory tool

Mining companies operate within the constraints of a “social license” that, ideally, is based on a broad consensus among all stakeholders. ARD plays an important part in the mine’s social license due to the fact that ARD tends to be one of the more visible and enduring environmental consequences of mining. The costs of closure and post-closure management of ARD are increasingly recognized as a fundamental component of all proposed and operating mining operations. Some form of financial assurance is now required in most jurisdictions.

Table of Contents

  • 3.0 Corporate, Regulatory, and Community Framework
  • 3.1 Framework for Management of Acid Rock Drainage
  • 3.2 Corporate Guidance
    • 3.2.1 Newmont
    • 3.2.2 Rio Tinto
    • 3.2.3 Relationship to Other Requirements and Issues
  • 3.3 Sustainability and Community Considerations
  • 3.4 Global Regulatory Guidance
  • 3.5 Country Regulatory Guidance
    • 3.5.1 Commonalities in the Regulatory Regimes
    • 3.5.2 United States of America and its States
    • 3.5.3 Canada and its Provinces and Territories
    • 3.5.4 Australia, its States and Territories
    • 3.5.5 European Union (EU)
    • 3.5.6 South Africa
    • 3.5.7 New Zealand
    • 3.5.8 Brazil
    • 3.5.9 Indonesia
  • 3.6 Risk Considerations
    • 3.6.1 Establish the Context (Step 1)
    • 3.6.2 Identify the Risks (Step 2)
    • 3.6.3 Analyze the Risk (Step 3)
    • 3.6.4 Assessment and Prioritization of Risk (Step 4)
    • 3.6.5 Risk Management (Treat the Risk) (Step 5)
    • 3.6.6 Review and Monitor (Step 6)
    • 3.6.7 Risk Priorities
  • 3.7 References
  • List of Tables
  • List of Figures