Release of Mine Permit Obligations
BC Mining Issue:BC Law has few requirements for the release of mine permit obligations.
Fair Mining Best Practice:Requirements such as assessing reclamation progress before releasing a mining company from permit obligations could promote economic activity and protect the public purse from unforeseen occurrences.
In BC, a miner is released of all legal obligations under the Mines Act when:
- all legal obligations under the mine permit and legislation have been fulfilled; and
- there are no on-going inspection or maintenance requirements.
Unlike other jurisdictions, BC has few requirements for the release of mine permit obligations. Additional requirements such as assessments of reclamation activities and long-term maintenance of mine facilities may help to further economic activity and protect the public from unforeseen economic costs.
Unlike BC, in South Africa, no closure certificate may be issued unless various government agencies have confirmed that issues related to health, safety and potential pollution have been addressed.
Orphaned Mines are mine sites where the owner cannot be found or is financially unable or unwilling to carry out remaining site remediation. Although BC has some legal provisions to deal with orphaned mines, comprehensive revisions of current legislation is needed dealing with the hundreds of orphaned mines across the province.