Environmental Considerations
The Irish system has evolved over many years following a typical progression from concern mainly with economic development to a greater consideration of the need for environmental protection. The mines which were opened before 1970 were subjected to only limited control. From the 1970s onwards increasing attention to mitigation of potential impacts was given by both regulators and developers, and the permitting system now ensures that detailed consideration is given to pollution prevention and control before, during and after mining. Both Land Use Planning and Environmental Protection Legislation contribute to the process.
One of the key elements in the system is the implementation of the EEC (now European Union) Directive on Environmental Impact Assessment in 1990. This requires the submission of an Environmental Impact Statement which must identify and consider all "likely significant environmental impacts". It thus allows detailed consideration of projects through a structured format and encourages informal, voluntary discussion during the design phase of projects.
In an effort to ensure that the highest practicable standards of environmental protection and management are implemented for a number of industries, including mining, the Environmental Protection Agency Act, 1992 established a new process for the control of environmental pollution which had previously been the responsibility of the Local Authorities. The Act established the Environmental Protection Agency, an independent State agency which is responsible for regulating and controlling all areas of industry, including mining, which are likely to pose a threat to the environment through their activities. Since May 1994 it is obligatory for new mining developments to obtain Integrated Pollution Prevention and Control (IPPC) Licences from the Agency. All aspects of air and water pollution, noise and waste are covered by this single integrated licence.
In granting an IPPC Licence, the EPA must be satisfied that "best available technology not entailing excessive costs" (BATNEEC) will be used to prevent or limit emissions. The emphasis in determining what is BATNEEC is placed on pollution prevention rather than "end of pipe" solutions. The EPA has compiled a guidance note which sets out current views within the industry on what is BATNEEC . These will have regard to the current state of technical knowledge, the requirements of environmental protection and the application of measures which do not entail excessive costs, taking account of the risk of pollution.
To secure a permit for a new mining site, a Closure Plan must be submitted. This plan includes the provision of a bond to finance the closure and the long-term maintenance and monitoring of the mine.
The ultimate aim of the closure plan should be to leave the mine and the tailings management facility (TMF) site in an acceptable condition which ensures public health and safety, minimises the risk of contamination and, where possible, allows productive use of the land or otherwise creates a stable environment capable of integration into surrounding land uses. It is also highly desirable that the end-points should be as close as possible to stable "walk-away" solutions requiring only minimal maintenance and monitoring consistent with chemical and physical stability.
Adequate financial provision should be made for all closure and rehabilitation costs, allow for premature closure, and should take account of any long-term residual active or passive care which might be necessary, including monitoring and inspection.