Driving best practice in mining waste management

As the world races to secure the critical minerals needed for the energy transition, military technology, and more, and new mines open across the globe, we need to ensure that mining rules globally protect people and the environment. Mining waste in particular represents one of the most significant harms and risks of mining. Therefore, robust legislation governing mining waste is key to protecting people and the planet.

Research by T&E and Earthworks shows that whilst examples of best practice in mining waste legislation exist, such as in Brazil, legislation across the board remains weak. By benchmarking legislation governing mining waste in six countries, against the Safety First: Guidelines for Responsible Mine Tailings Management, we explore key gaps and areas for improvement.

Overall, the research finds significant weaknesses in mining waste legislation globally. No region mandates the use of best available technologies, and all regions fail to meet all the requirements set out in Safety First on safe closure of tailings facilities. Nevertheless, in certain areas, some countries are leading the way. For example, Brazil has in many respects the strongest legislative framework, being the only country or region to fully ban upstream dams. Legislation in Brazil also goes the furthest when it comes to monitoring requirements, whilst the US State of Montana has some strong requirements around independent monitoring. In addition, Brazil has clear rules limiting how close a tailings facility can be to an area where people live, and China also has restrictions in this regard. Finally, almost all of the legislation analyzed in this study found that governments require some sort of financial assurance.

Taking into account the results of the research, T&E and Earthworks call on:

• All governments to take significant steps to bring mining waste legislation in line with Safety First;

• The European Commission to commit to a revision of the EU Extractive Waste Directive, as part of the upcoming EU Circular Economy Act, in order to bring it in line with Safety First;

• US Congress to reform the archaic 1872 mining law to better protect taxpayers, communities, and the environment, and align regulation with Safety First;

• Indonesia to close the regulatory gaps in the laws related to mine waste such as Law 32/2009 on Protection and Management of the Environment, in accordance with the guidelines set out in Safety First; and

• South Africa to establish a legally binding national standard for tailings storage facility (TSF) design, with clear definitions and bans on upstream and hybrid construction methods in high-consequence areas.

To find out more, download the briefing and detailed assessments of each country.