Regulating the social aspects of mine closure in three Australian states

A summary of the paper: Vivoda, V., Kemp, D., & Owen, J. R. (2019). Regulating the social aspects of mine closure in three Australian states: Journal of Energy and Natural Resources Law.

Mine closure is rated among the industry’s top operating risks and the absence of legal criteria to support the responsible closure of large-scale mines is a significant global issue. Mine closure regulation primarily focuses on the physical aspects of mining, with limited attention on social aspects of closure. Furthermore, the social aspects tend to be underestimated in terms of their complexity and importance relative to environmental, economic and technical issues. The few scholarly publications that address the social aspects of mine closure focus on the role of mining companies. The role of the state, and the regulatory landscape within which mining companies operate in the later stages of mine life, receive little attention. This paper examines the extent to which regulatory instruments across three major Australian mining jurisdictions – New South Wales, Queensland and Western Australia – include provisions that require proponents to consider the social aspects of closure.