Spoken but not Heard: The promise of the precautionary principle for natural resource development

Too often, mining developments provide short-term jobs and taxes, and long-term environmental and community degradation. The 'precautionary principle', as practised by the European Union and increasingly by other nations, may provide an opportunity for local communities and others who bear the brunt of mining to employ a cautionary approach to mine permitting. Using the case of the Zortman-Landusky gold mine in Montana, the article illustrates how the precautionary principle might have precluded the tremendous losses suffered by the Fort Belknap residents who live near the now abandoned mine. The Native Americans and other protestors against the mine were correct in their worries about mine drainage affecting their watercourses and the precautionary principle might have limited mine development. The case also illustrates that economic data on mining companies need to go well beyond simple reclamation bond capability in order to avoid bankruptcy resulting in the neighbours and the government having to pay for clean-up.     

Ethical and Value-based Aspects of the European Commission's Precautionary Principle

In February 2000, the EuropeanCommission adopted a Communication on theprecautionary principle. This states how theCommission intends to apply the principle andestablishes guidelines for its application. Thedocument is intended to inform discussions oninternational agreements. In particular, itprovides a defense of European Union (EU)precautionary policies in case of tradedisputes, for example, in case the EU isaccused of imposing unfair trade barriers onexports of genetically-modified (GM) productsfrom the United States under the rules of theWorld Trade Organisation. In the communication,the Commission emphasizes the scientificaspects of the precautionary principle, perhapspartly to counter claims from US officials thatthe EU's reluctance to accept GM imports is notbased on science but is politically-motivated.However, a principle is by definition a moralguide to behavior. In other words, it is anethic. The precautionary principle should beviewed as a complement to science, to beinvoked when a lack of scientific evidencemeans that outcomes are uncertain. Anyinterpretation of this principle needs to placeat least as much emphasis on its ethical andvalue-based aspects as on its scientificjustification. The Commission's interpretationrisks undermining the painstaking progress madeamong European Union member states inresponding to public concern about GM crops andfood by adopting increased precaution. Thispaper explores the balance between thescientific and ethical/value-based aspects ofthe precautionary principle as set out in theCommission's communication, to make the casethat it is the ethical and value-based aspectsrather than the scientific aspects of theguidelines that need strengthening.     

Mine closure legislation in Indonesia: The role of mineral industry involvement

Major mining companies have recently embraced the sustainable development paradigm, in seeking to improve their competitiveness and increase shareholder returns. Successful mine closure is one important element of this process. Improved performance in this area is essential if surrounding communities are to see mining companies as responsible corporate and social partners.
In Indonesia, the new approach has coincided with the development of specific mine closure legislation. To facilitate the legislation, a consortium of mining companies joined to form the Industry Mine Closure Steering Committee. This Committee has lobbied the Government, actively negotiating to incorporate sustainable development ideals and practices into the new legislation. The Committee's aim has been to foster continued development of the mining industry, while taking account of variation in environmental, social and community conditions. In describing the process, this article seeks to provide guidance for the development of mine closure legislation in other nations.     

A Precautionary Approach to Genetically Modified Organisms: Challenges and Implications for Policy and Science

The commercial introduction of genetically modified organisms (GMOs) has revealed a broad range of views among scientists and other stakeholders on perspectives of genetic engineering (GE) and if and how GMOs should be regulated. Within this controversy, the precautionary principle has become a contentious issue with high support from skeptical groups but resisted by GMO advocates. How to handle lack of scientific understanding and scientific disagreement are core issues within these debates. This article examines some of the key issues affecting precaution as a legal standard and as an approach to the use of science in decision-making processes. It is pointed out that there is a need for reflection over the level of scientific evidence required for applying the precautionary principle as well as who should have the burden of proof when there are uncertainties. Further, an awareness of the broader scientific uncertainties found in GMO risk assessment implies that a precautionary approach must be elaborated: both for acknowledging uncertainties and for identification of scientific responses. Since precaution is an important issue within the sustainable development framework, it is suggested that sustainability can provide a normative standard that can help to reveal the influence and negotiate the importance of the various forms of uncertainty. Wise management of uncertainties and inclusion of normative aspects in risk assessment and management may help to ensure sustainable and socially robust GMO innovations at present and in the future.     

An examination of the efficacy of the precautionary principle as a robust environmental planning and management protocol

The precautionary principle is regularly cited in cases that involve development in eco-sensitive locations. We investigated whether the precautionary principle provides the basis for a coherent framework to prevent environmental harm, and does it work in practice? We suggest that, in principle, the precautionary principle makes good sense. In practice, however, it is imprecise in policy and law and fails to fulfil its promise because it is loosely defined and thus lacks substance and clarity. Consequently, it operates in a framework that is ambiguous, leaving it open to manipulation by discretionary powers. To counter such deficiencies, human-induced environmental harm should be formally observed as ‘criminogenic’ and environmental protection prioritised against which other competing priorities (e.g., ‘year on year’ economic growth) are measured. This would overcome the politico-legal obfuscation and contestations of climate change policy that currently impedes the precautionary principle's practical application.     

Applying the Precautionary Principle in Environmental Assessment: The Case of Reviews in British Columbia

This paper examines the application of the precautionary principle in environmental assessment, specifically using the Salmon Aquaculture Review and the Burns Bog Ecosystem Review in British Columbia as case studies. Lessons are drawn and advice is offered. A conceptual model is presented, framed according to the level of uncertainty regarding impacts and the likelihood of those impacts, as well as the irreversibility of impacts on the environmental system. A distinction is made between management strategies that should either avoid the activities in question or allow for adaptive management and, if implemented effectively, prevent or mitigate adverse effects. Applying the precautionary principle in environmental assessment requires, above all, clear communication and the development of a common understanding of the basis for decisions. The model presented in this paper is suggested as a tool from which a more specific methodological framework can be developed on a case by case basis.     

Assessing the impact of driverless haul trucks in Australian surface mining

Australia has been a leading mining nation and its mines continue to attract substantial investment due to its strong mineral endowment, mining tradition and high skills base. In recent years Australian mining companies have been facing higher labour costs, which need to be offset by other savings. Automating mine-site machinery offers one potential source of such savings.Underground mines pioneered automated technology largely for safety and mine accessibility reasons and to reduce operating costs. Yet these operations now represent a much smaller portion of the total ore tonnes mined due to the changing mining techniques meaning larger lower grade deposits are becoming economic. It appears the future of mine automation will be directed by surface mining as this maturing technology finds further applications above ground and in the next decade large scale open pit automation trials gain more momentum.This paper assesses the implications of introducing driverless haul trucks in a typical large remote Australian open-pit mine. Such automation will save employee and associated costs, increase operational productive hours and ultimately will reduce mine site workforce numbers. While there will be fewer jobs per mine, with reduced costs and higher productivity some previously uneconomic mines may again be profitable.The social implications of greater mine site automation are the reduction in population of remote mining towns and a decrease in the lower skilled labour requirements for the mining sector. There will be an increase in fly-in fly-out mining operations and companies will establish remote control centres for automated mines in larger cities. This may decrease overall labour requirements and so reduce employment in the sector; therefore, the government should be mindful of implementing policies that ensure a fair return on the economic rent of mineral leases.     

A Framework for Geographically Sensitive and Efficient Recycling Networks

This paper has three primary objectives. First, it seeks to demonstrate that recycling is an important component of sustainable human systems, particularly in the case of electronics, where environmental impacts of disposal are potentially severe. Second, it presents a methodology that could be used to estimate the volumes of electronics or other consumer durable goods that are available for recycling. Third and last, it illustrates, through a case study of Atlanta focused on computers, that metropolitan areas may fruitfully be viewed as opportune centres from which to mine, recycle and reuse cast-off electronic goods. From an environmental and economic development policy perspective, doing so presents an important opportunity to provide new economic opportunities in the most distressed portions of metropolitan areas which have been disproportionately impacted by previous environmentally destructive industrialization practices.     

Permitting a new mine: Insights from the community debate

When a mining company selects a site for development, the company begins a dialogue with the local community about receiving the necessary approvals for the mining permits. The dialogue focuses on how well the company can use science and technology to manage risk to the local environment, and on how much economic benefit will be gained by the local community for accepting the risk. A useful approach to better understand how the debate affects the outcome of the permitting effort is to use the method of “discourse communities and analysis”. This paper analyzes two efforts by Kennecott (Rio Tinto) and one by Exxon to develop base metal mine sites in the Upper Midwest of the USA. As the three case studies show, the local pro- and anti-mining discourse community members will not be changing their basic positions as the permitting of a new mine is debated. Accordingly, both communities are trying to convince undecided stakeholders rather than talking to each other. Both sides are using ever more sophisticated media methods to communicate their message to the undecided residents of the community. By winning the support of the majority of the undecided residents, political pressure can be used to sway the decision.     

Taking risks with the precautionary principle: food (and the environment) for thought at the European Commission

Various parties relate to the precautionary principle with various understandings, claims and hopes. One of the ways to comprehend this multiplicity of meanings is to examine the composition of this problematic norm in the societal and institutional settings where it occurs. In this paper, I address its elaboration on the European Union institutional terrain with the European Commission's Communication on the Precautionary Principle. This effectuation of the precautionary principle embraces a number of issues of transnational or multilevel governance, expertise, legitimacy and sovereignty. The crucial matter that this paper engages in initially is that of risk analysis, the procedural framework that the precautionary principle confronts with its innovative articulations of science and policy-making, but to which I argue that it succumbs in part. Also explored, in turn, are further framings of the precautionary principle: science versus policy, a given policy domain—environment—in relation to others, as well as action versus inaction (whereas I argue that the precautionary principle ought to be about acting and doubting). These are further evaluated in the conclusions, together with the predicament of establishing a common understanding or defining the precautionary principle. I show that, complementary to drivers of divergence, one finds support for a common approach, though there is no radial symmetry in these tangled stakes, and any ‘diffusion’ of the precautionary principle has to be actively carried out for a shared understanding to be more widely shared. In this process, Europe, the European Commission, its Communication, and the precautionary principle are being shaped into diverse compositions of unity in diversity. Copyright © 2002 John Wiley & Sons, Ltd.     

Financial assurance and mine closure: Stakeholder expectations and effects on operating decisions

Financial assurance is increasingly seen as a means to ensure orderly, clean and lasting closure of mines. Broadly interpreted, “closure” requires leaving viable ecosystems on mining lands that are compatible with a healthy environment and with human activities, that have low hazard, and that encompass measures to prevent ongoing pollution from the site in the long-term. Financial assurance encompasses environmental surety instruments that protect the government and public in the event a mining company cannot meet its reclamation or rehabilitation obligations. As such, financial assurance is in essence the money available for closure of the mine in the case when the mine owner is not available to perform the work. A general trend towards greater environmental concern among social stakeholders in mining further serves to focus attention on policies and practices that can actually “assure” financial assurance.Financial assurance is also perceived as a means to address closure-related challenges that are increasing in number as well as diversity. Notably, current trends involve a shift towards a greater focus to the societal aspects of mine closure rather than just the ecological. The use of financial assurance, however, also raises some fundamental questions about how assurance mechanisms influence mining operations and the relationship between mining operations and their surroundings. This paper examines both the internal effect of a variety of financial assurance approaches on mining operations—in particular the manner in which environmental and social concerns are addressed by mining firms, and the almost inevitable tension between some form of financial provision for closure on the one hand, and governmental expectations of tax revenue on the other. As a major argument for supporting the conduct of mining is that state revenues from the extractive industries supply monies for the building of human and infrastructural capital, this second area of tension also has strong social and developmental overtones.     

A common universe—questionable responses to tropical rainfall and aridity in Africa and Asia

Much of the world lacks sufficient rainfall to regularly replenish aquifers and surface storage or receives excessive rainfall resulting in serious erosion and health issues by way of water-borne diseases. Residents adjust to these climatic realities in different ways. Desert peoples have learned to conserve water in order to sustain the minimal potable water requirements and agricultural-animal husbandry development necessary for life. In one country, this finely tuned balance between supply and demand has been negatively impacted by political and economic decisions to encourage agricultural exports by mining subsurface fossil aquifers. Governments in tropical regions have been guilty of neglect or worse by failing to provide their peoples with the tools necessary for obtaining safe drinking water. In the former case, mining of subsurface water threatens the very future existence of society. In at least one tropical country, over dependence upon outside agencies to provide what government might best prioritize for its own funding has caused a disconnect between donor expectations and local realities thus delaying eradication of easily preventable diseases.     

Finding a Balance Over Precaution

Three interpretations of theprecautionary principle are identified, namely``soft,' ``hard,' and outright rejection. The ECCommunication of February 2000 is largely aresponse to the latter, to provide alegitimation in trade-related WTO disputes.This context leads to an over stress onscientific closure. This is critiqued asidealistic in respect of resolving long termuncertainties inherent in the GM food issue.While offering some useful guidelines in riskmanagement, the EC report seriously fails totake into account the ethical and societaldimension of risk. These are crucial both indetermining when precautionary principle isinvoked and the action to be taken. The EC viewleans too much to a scientific rationalist riskperspective. However, the ``Green'interpretation of the precautionary principleas a reversal of the burden of proof is alsocriticized as inconsistent both with the natureof technology and with the nature of reality asseen in a Christian perspective. Biblicalinsights on risk reveal a balance ofintervention and conservation in a world whererisk is inherent. The notion of risk as asocial contract reveals that ethical andsocietal issues have a crucial role to play inapplying the precautionary principle.     

Informality in mineral resource management in Asia: Raising questions relating to community economies and sustainable development

Informal mining activities provide livelihoods for millions of poor in mineral‐rich developing countries. Yet, they continue to remain one of the least understood areas in mineral resource management. While its poverty reduction potential is acknowledged, the heterogeneous forms of mining that come under its purview are not well discussed. This article aims to draw attention to the politics of definition by briefly introducing the reader to the nomenclature currently used to describe such mining activities. Then the article examines the nature of informality that justifies the name, and then illustrates the claim by documenting a range of informal mining practices in India with cited examples from other Asian countries. It illustrates the variations in social‐economic, technical and legal characteristics, by putting such mining in a community and participatory framework. Finally, the article discusses ways to move towards sustainable development with community participation in mineral‐rich areas of developing countries.     

How you start matters: A comparison of Gold Fields' Tarkwa and Damang Mines and their divergent relationships with local small-scale miners in Ghana

This paper argues that actions of large-scale mining companies at the early stages of a mining project establish a legacy which sets the tone for that mine's long-term relationship with the local artisanal and small-scale mining (ASM) stakeholders. This paper compares the experiences of Gold Fields' Tarkwa and Damang mines and the divergent histories of each of these mines' relationship with local small-scale mining stakeholders. Circumstances at Damang during the discovery and early development of the project drove a rift between the mine and the ASM community. As the mine developed, a chain of ASM engagement strategies were enacted in an attempted to repair the relationship but which has never able to regain sufficient trust between the mine and ASM stakeholders. At the nearby Tarkwa mine, ASM confrontations have been much easier to manage. Despite early disagreements at Tarkwa, a relationship characterized by greater trust between the mine and ASM communities was established early and therefore ASM engagement strategies have been simpler and more effective. This paper will conclude that establishing and maintaining a positive mine legacy as early as the exploration phase of a mining project is critical to maintaining a positive, trust-based relationship between LSM companies and their local ASM stakeholders over the life of a mine.     

Small–scale mining in South Africa: Past, present and future

Mining is an important part of the South African economy and has been the driver of much of the economic development of the country. However, the small–scale mining subsector still has to realise its full potential. A small–scale mine has been defined as a mining activity employing less than 50 people and with an annual turnover of less than 7.5 million Rand and includes artisanal mines. Small–scale miners are involved in many commodities but there appears to be a bias towards gold, diamonds and quarrying for construction materials, including brickclays. Small–scale mining is regulated by the same legislation (i.e., for the environment, labour, mineral rights, exploration and mining permitting, and skills development) as large–scale mining, though compliance is low, particularly where artisanal mining in concerned. The effective participation of small–scale miners in the mining sector is hampered by their lack of skills, i.e., technical, business and management, and their limited access to mineral deposits, capital and markets. Some of these hindrances have been inherited from the imbalances of the colonial and apartheid eras and continue to act as barriers, making entrance to the industry difficult. For those who have entered the industry out of desperation, as is the case with most artisanal miners, their activities result in negative impacts evident in the inefficient, unsafe and environmentally unfriendly operations. With the advent of the new political dispensation in South Africa, a new era is dawning for the country’s small–scale mining subsector. This has resulted in a change of attitude and new government policies which have led to special programmes being put in place to promote the subsector. Intervention strategies for the support of small–scale mining (some of which are already in operation) include programmes for kickstarting mineral beneficiation and value–addition projects, development of appropriate technologies and skills and technology transfer. Proponents of small–scale mining see a well–regulated industry as being the cornerstone of future rural economic development, particularly for previously disadvantaged communities in the poverty nodes.     

Characteristics of coal mine ventilation air flows

Coal mine methane (CMM) is not only a greenhouse gas but also a wasted energy resource if not utilised. Underground coal mining is by far the most important source of fugitive methane emissions, and approximately 70% of all coal mining related methane is emitted to the atmosphere through mine ventilation air. Therefore, research and development on mine methane mitigation and utilisation now focuses on methane emitted from underground coal mines, in particular ventilation air methane (VAM) capture and utilisation. To date, most work has focused on the oxidation of very low concentration methane. These processes may be classified based on their combustion kinetic mechanisms into thermal oxidation and catalytic oxidation. VAM mitigation/utilisation technologies are generally divided into two basic categories: ancillary uses and principal uses. However, it is possible that the characteristics of ventilation air flows, for example the variations in methane concentration and the presence of certain compounds, which have not been reported so far, could make some potential VAM mitigation and utilisation technologies unfeasible if they cannot cope with the characteristics of mine site ventilation air flows. Therefore, it is important to understand the characteristics of mine ventilation air flows. Moreover, dust, hydrogen sulphide, sulphur dioxide, and other possible compounds emitted through mine ventilation air into the atmosphere are also pollutants. Therefore, this paper presents mine-site experimental results on the characteristics of mine ventilation air flows, including methane concentration and its variations, dust loadings, particle size, mineral matter of the dust, and other compounds in the ventilation air flows. The paper also discusses possible correlations between ventilation air characteristics and underground mining activities.     

Restoring Forests and Associated Ecosystem Services on Appalachian Coal Surface Mines

Surface coal mining in Appalachia has caused extensive replacement of forest with non-forested land cover, much of which is unmanaged and unproductive. Although forested ecosystems are valued by society for both marketable products and ecosystem services, forests have not been restored on most Appalachian mined lands because traditional reclamation practices, encouraged by regulatory policies, created conditions poorly suited for reforestation. Reclamation scientists have studied productive forests growing on older mine sites, established forest vegetation experimentally on recent mines, and identified mine reclamation practices that encourage forest vegetation re-establishment. Based on these findings, they developed a Forestry Reclamation Approach (FRA) that can be employed by coal mining firms to restore forest vegetation. Scientists and mine regulators, working collaboratively, have communicated the FRA to the coal industry and to regulatory enforcement personnel. Today, the FRA is used routinely by many coal mining firms, and thousands of mined hectares have been reclaimed to restore productive mine soils and planted with native forest trees. Reclamation of coal mines using the FRA is expected to restore these lands’ capabilities to provide forest-based ecosystem services, such as wood production, atmospheric carbon sequestration, wildlife habitat, watershed protection, and water quality protection to a greater extent than conventional reclamation practices.     

Land Use-Based Landscape Planning and Restoration in Mine Closure Areas

Landscape planning and restoration in mine closure areas is not only an inevitable choice to sustain mining areas but also an important path to maximize landscape resources and to improve ecological function in mine closure areas. The analysis of the present mine development shows that many mines are unavoidably facing closures in China. This paper analyzes the periodic impact of mining activities on landscapes and then proposes planning concepts and principles. According to the landscape characteristics in mine closure areas, this paper classifies available landscape resources in mine closure areas into the landscape for restoration, for limited restoration and for protection, and then summarizes directions for their uses. This paper establishes the framework of spatial control planning and design of landscape elements from “macro control, medium allocation and micro optimization” for the purpose of managing and using this kind of special landscape resources. Finally, this paper applies the theories and methods to a case study in Wu’an from two aspects: the construction of a sustainable land-use pattern on a large scale and the optimized allocation of typical mine landscape resources on a small scale.     

Are the Precautionary Principle and the International Trade of Genetically Modified Organisms Reconcilable?

This paper seeks to find possibilities forreconciliation of the implementation of theprecautionary principle and the promotion ofinternational trade of genetically modified organisms,based on the assumption that a sustainabledevelopment is a right objective to strive for. Itstarts with an explanation of the background and therole of the precautionary principle, and describes inwhat way measures based on the precautionary principlecan easily lead to the creation of trade barriers. Thearticle then examines to what extent the WTO (WorldTrade Organisation) Agreements allow theimplementation of the precautionary principle. Inaddition, structural conflicts between the perceptionof the precautionary principle and the concept oftrade liberalisation will be evoked. The last sectionof the paper analyses to what extent the WTO rulesprovide possibilities to avoid or solve theseconflicts in order to attempt to answer the mainquestion: are the precautionary principle and theinternational trade of genetically modified organismsreconcilable?