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Towards Zero Harm

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Towards Zero Harm TOWARDS ZERO HARM A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW AUGUST 2020 2 TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW i CONTENTS ii ACRONYMS iv FOREWORD FROM THE CHAIR v PREFACE vii KEY MESSAGES 1 SETTING THE SCENE 2 Chapter I Global Tailings Review at a Glance: History and Overview | B. Oberle, A. Mihaylova, A. Hacket 14 Chapter II Mine Tailings Facilities: Overview and Industry Trends | E. Baker, M. Davies, A. Fourie, G. Mudd, K. Thygesen 25 THE SOCIAL DIMENSION 26 Chapter III Social Performance and Safe Tailings Management: A Critical Connection | S. Joyce, D. Kemp 37 Chapter IV Lessons for Mining from International Disaster Research | D. Kemp 47 MANAGEMENT OF TAILINGS: PAST, PRESENT AND FUTURE 48 Chapter V Mine Tailings – A Systems Approach | A. Kupper, D. van Zyl, J. Thompson 64 Chapter VI The role of technology and innovation in improving tailings management | D. Williams 84 Chapter VII Lessons from Tailings Facility Data Disclosures | D. Franks, M. Stringer, E. Baker, R. Valenta, et al 109 Chapter VIII Closure and Reclamation | G. McKenna, D. van Zyl 126 Chapter IX Addressing Legacy Sites | K. Nash 141 BUILDING ORGANISATIONAL CAPACITY 142 Chapter X Addressing the organisational weaknesses that contribute to disaster | A. Hopkins 150 Chapter XI Creating and Retaining Knowledge and Expertise | R. Evans, M. Davies 162 THE GOVERNANCE DIMENSION 163 Chapter XII The Role of the State | M. Squillace 172 Chapter XIII Comparative Analysis of Tailings-related Legislation in Key Mining Jurisdictions | White&Case LLP 186 Chapter XIV Summary of Existing Performance Standards for Tailings Management | C. Dumaresq 206 Chapter XV Insurability of Tailings Related Risk | G. Becker 215 RELATED INITIATIVES 216 Chapter XVI Investor Mining and Tailings Safety Initiative | S. Barrie, E. Baker, J. Howchin, A. Matthews 224 Chapter XVII United Nations Environment Assembly Resolution on Mineral Resource Governance | E. Tonda, D. Franks, A. Kariuki 231 Chapter XVIII Global Research Consortium on Tailings | D. Franks, A. Littleboy, D. Williams Citation: 238 PATHWAYS TO IMPLEMENTATION Oberle, B., Brereton, D., Mihaylova, A. (eds.) (2020) Towards Zero Harm: A Compendium of Papers Prepared for the Global Tailings Review. London: Global Tailings Review. https://globaltailingsreview.org/. 239 Chapter XIX Establishing an Independent Entity | B. Oberle, P. Bateman, D. Kemp ii TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW iii ACRONYMS AA Anglo American Technical Standard IRP International Resource Panel AG Advisory Group (for the Global Tailings Review) ISO International Organisation for Standardisation ALARP As low as reasonably practical ITRB Independent Tailings Review Board ANCOLD Australian National Committee on Large Dams IUCN International Union for Conservation of Nature APEC Asia-Pacific Economic Cooperation LDI Landform Design Institute APELL Awareness and Preparedness for Emergencies at Local Level m3 cubic metres APRA Australian Prudential Regulation Authority MAC Mining Association of Canada AusIMM Australian Institute of Mining and Metallurgy MEM Ministry of Energy and Mines (British Columbia) BAT Best available technologies MEND Mine Environment Neutral Drainage Program BAP Best available/applicable practices MMSD Mining, Minerals and Sustainable Development BC,CIM British Columbia, Chief Inspector of Mines NGO Non-Government Organisation BLM Bureau of Land Management (US) NOAMI National Orphaned/Abandoned Mines Initiative (Canada) BRA Brazilian Ordinance 70.389/17 NPV Net present value CapEx Capital Expenditure OMS Operation, Maintenance, and Surveillance CDA Canadian Dam Association OpEx Operational Expenditure CEO Chief Executive Officer PAR Pressure and Release Model CoE Church of England PBRISD Performance-Based, Risk-Informed Safe Design COI Community of Interest PMU Project Management Unit CRO Chief Risk Officer PRI Principles for Sustainable Investment CTMC Consortium of Tailings Management Consultants PSI Principles for Sustainable Insurance DBM Design Basis Memorandum QA Quality Assurance EP Expert Panel QC Quality Control ESG environmental, social, and governance RMI Responsible Mining Initiative ESMS Environmental and Social Management System RTFE Responsible Tailings Facility Engineer EU European Union SANS South African National Standards FERC Federal Energy Regulatory Commission (US) SDGs Sustainable Development Goals FMEA Failure Mode and Effects Analysis SMART specific, measurable, attainable, relevant and time-bound FoS Factor of Safety SMI Sustainable Minerals Institute (University of Queensland) FPIC Free, prior and informed consent SMRCA Surface Mining Control and Reclamation Act (U.S.) GARD Guide Global Acid Rock Drainage Guide TSF Tailings Storage Facility GIZ German Corporation for International Cooperation TSM Towards Sustainable Mining GTR Global Tailings Review UN United Nations HDTT High Density Thickened Tailings UNDRR United Nations Office of Disaster Risk Reduction HRIA Human Rights Impact Assessment UNEA United Nations Environment Assembly HSE Health and Safety Executive UNEP United Nations Environment Programme IBRAM Brazilian Mining Association UNGP UN Guiding Principles on Business and Human Rights ICMM International Council on Mining and Metals USEPA United States Environment Protection Authority ICOLD International Commission on Large Dams WISE World Information Service on Energy IFC International Finance Corporation WMTF World Mine Tailings Failures IGF Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development USGS United States Geological Survey IIED International Institute for Environment and Development VET Vocational and Educational Training IM4DC International Mining for Development Centre VSP Verification Service Provider INAP International Network for Acid Prevention WBCSD World Business Council for Sustainable Development iv TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW v FOREWORD FROM THE CHAIR PREFACE I would like to thank the whole Global Tailings Review team: This collection of individually authored papers (‘chapters’) has been prepared to accompany the release of the Global Industry Standard on Tailings Management the Expert Panel, the Advisory Group, the Co-Conveners (the Standard). The volume performs two main functions: and all authors and co-authors who have generously 1. It provides context to the Standard by informing readers about the reasons why contributed their time and expertise to this volume. I trust the Global Tailings Review (GTR) was initiated, the process that was followed, that the papers contained herein add value to the ongoing and the considerations that guided the development of the Standard. public debate on safe management of tailings facilities and 2. It goes beyond the Standard to review a wide range of issues related to the safe management of tailings facilities, for consideration by the different further reinforce the need for continued action to ensure actors involved – including governments, investors, insurers, international that tragedies like the one in Brumadinho do not continue organisations, educational institutions, and industry professionals. to happen. All members of the Expert Panel, including the Chair, have contributed at least one chapter to the volume, either as sole or co-authors. The compilation also includes invited contributions from other experienced professionals and researchers Particular and special thanks to the co-editors of this working in the area. Several of these contributors were involved in the development volume; Emeritus Professor David Brereton of The of the Standard as members of the Multi-Stakeholder Advisory Group; some contributed in their capacity as representatives of one of the co-convening University of Queensland, for his contributions, ongoing bodies; and others participated on an individual basis. As befits the breadth of support and diligence; and to the GTR Project Manager, the Standard, a broad cross-section of professional and academic disciplines is represented, including engineering, geology, environmental science, social Antonia Mihaylova, who worked tirelessly to bring the sciences, risk management, law, public policy and finance. volume to fruition. The chapters are organised into six sections. Each section contains knowledge, learnings and insights that are relevant to advancing the ultimate goal of the Standard, which is to achieve zero harm to people and the environment, with zero tolerance for human fatalities. Section One comprises two context-setting chapters. The first chapter, which was authored by the Chair and the Secretariat staff, provides a brief history and Dr. Bruno Oberle overview of the GTR. The second provides an overview of key research findings Chair of the Global Tailings Review and organisational learnings on the frequency, type, location and impact of tailings facility failures and the factors that contribute to these failings. Section Two focuses on the social performance and human rights issues involved in designing and operating tailings facilities and managing the consequences of facility failures. Social performance is a cross-cutting theme that links to most of the topics covered
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