On July 15, 2020, The Ministry of Energy issued the “Guide for Approval of Tailings Storage Facility Design, Construction, Operation and Maintenance Projects for Medium and Large-Scale Mining” (the “Guide”).
Purpose and Scope
The Guide aims to establish the procedure and technical conditions for approval of design, construction, operation and maintenance projects for tailings storage facilities containing metallurgical waste by holders of medium and large-scale mining concessions which, as a result of the beneficiation process, generate metallurgical waste which must be stored in a TSF.
Definition of “Tailings”
According to the Guide, tailings are “a mixture of ground mineral, water and other compounds generally in the form of sludge left after valuable minerals have been extracted in the beneficiation phase”.
Supervision and Application of the Guide
The Competent Administrative Unit of the Sectoral Ministry will be responsible for the application and supervision of the Guide, notwithstanding the regulatory powers of other State institutions.
Responsibility for Design and Construction
The owner of the TSF is responsible for the design and the consequences of poor construction/operation of the TSF. Under the Guide, the design and construction of TSFs must meet the national and international technical standards listed in Annex II of the Guide. The Guide also contains criteria for the design, construction, operation and maintenance of TSFs.
Procedure for Approval of TSF Design Projects
Annex I of the Guide presents the process. The application to the Competent Administrative Unit of the Sectoral Ministry is free. However, the Regulatory Agency for Energy and Non-Renewable Natural Resources can set an administrative fee for the process.
Article 34 of the Guide sets out the mandatory requirements for natural and legal persons. Once the application is submitted, the Regulatory Agency will have 60 business days to review the documents and/or issue any objections which must be rectified. The process is completed once an administrative resolution is issued, notarized and registered.
Penalties and Fines
If mining and metallurgical wastes are accumulated without observing strict precautions to prevent pollution, the concession may be cancelled. Activities may be temporarily suspended if the provisions of the Guide are not complied with.
General Provisions
The Third General Provision states “For any design modifications to tailings storage facility projects for which authorizations or technical feasibility approvals were obtained before the issuance of this Guide, the provisions contained in Title IV hereof shall be observed”.
Transitory Provisions
Under the First Transitory Provision, applications filed before the Guide was issued will continue to be processed in accordance with the regulations which were in effect at the time. However, the construction, operation and maintenance of the TSF will be subject to the provisions of the Guide.
Under the Second Transitory Provision, holders of mining rights that have been issued authorizations or technical feasibility approvals for the design of TSFs have 30 days from the Guide´s publication to submit a schedule of activities to be carried out for the performance of the obligations under the Guide. Once they have been notified of the approval of the final schedule, holders will have 18 months to perform the obligations.
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