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A sustainable mining industry starts with a strong legal framework for environmental and social impact assessment (ESIA) and management. Developing a strong legal framework takes time. Much can be learned from other countries’ frameworks and continually reviewing and improving one’s own framework. The Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) published its Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessment and Management in Mining in June 2020. IGF is now conducting case studies to support the implementation of this guidance, the first three of which are presented here for California in the United States, Kazakhstan, and Queensland in Australia—three mineral-rich jurisdictions in contrasting stages of development of their ESIA legal frameworks. This report first presents the main components of a legal framework pertaining to ESIA in mining then looks at the three case studies. California has a well developed ESIA framework and is adapting to the latest challenges, which include the concerns of Indigenous communities and issues of climate change in a litigious jurisdiction. Kazakhstan is in the process of developing its ESIA framework to meet the country’s more recent sustainability goals and commitments and is in the process of putting the changes into practice. Queensland, Australia, provides an example of a comprehensive ESIA legal framework but is still challenged with managing the underlying risks of corruption. These three case studies were chosen to demonstrate that ESIA is a critical tool in the legal framework for meeting sustainability goals. Yet each jurisdiction is unique and must strive for continual improvement to keep the ESIA legal framework effective in practice. The case studies show • the importance of leadership and ongoing evaluation in developing and improving ESIA legal frameworks; • the benefit of looking for assistance and feedback from outside the jurisdiction; and • that there is always room for improvement, irrespective of the economic development stage and political situation.

Environmental and Social Impact Assessments in Mining Legal Frameworks: Case studies from California, United States; Kazakhstan; and Queensland, Australia

Resource Key: AATPJFC7

Document Type: Report

Creator:

Author:

  • IGF

Creators Name: {mb_resource_zotero_creatorsname}

Place: Winnipeg, Canada

Institution: Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF)

Date: 2023

Language: en

A sustainable mining industry starts with a strong legal framework for environmental and social impact assessment (ESIA) and management. Developing a strong legal framework takes time. Much can be learned from other countries’ frameworks and continually reviewing and improving one’s own framework. The Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) published its Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessment and Management in Mining in June 2020. IGF is now conducting case studies to support the implementation of this guidance, the first three of which are presented here for California in the United States, Kazakhstan, and Queensland in Australia—three mineral-rich jurisdictions in contrasting stages of development of their ESIA legal frameworks. This report first presents the main components of a legal framework pertaining to ESIA in mining then looks at the three case studies. California has a well developed ESIA framework and is adapting to the latest challenges, which include the concerns of Indigenous communities and issues of climate change in a litigious jurisdiction. Kazakhstan is in the process of developing its ESIA framework to meet the country’s more recent sustainability goals and commitments and is in the process of putting the changes into practice. Queensland, Australia, provides an example of a comprehensive ESIA legal framework but is still challenged with managing the underlying risks of corruption. These three case studies were chosen to demonstrate that ESIA is a critical tool in the legal framework for meeting sustainability goals. Yet each jurisdiction is unique and must strive for continual improvement to keep the ESIA legal framework effective in practice. The case studies show • the importance of leadership and ongoing evaluation in developing and improving ESIA legal frameworks; • the benefit of looking for assistance and feedback from outside the jurisdiction; and • that there is always room for improvement, irrespective of the economic development stage and political situation.

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