| Summary: | Mining is a temporary use of the land. Usually a mining company's interest in the land terminates with
the implementation of the Closure Plan. The succeeding custodian's (and associated stakeholder's)
interest is in the continued sustainable use of the land and commences only when the Closure Plan is
completed. "Mine Closure Plans", while an advance on "Mine Abandonment Plans" suggest a short term
planning perspective. 'Design for Closure' still appears shortsighted to the New Custodian. Defects in the
Plan, which may become apparent only after a time, become the liability of the New Custodian. Poor
experience with the success of closure plans, as well as the recognition that many defects are not apparent
(or not recognized) at the time of custodian transfer has resulted in reluctance by the New Custodians to
accept transfer. This applies particularly to mine sites where significant risk of physical instability
(tailings dams which could breach) or chemical instability (leaching of contaminants) could result in
substantial liability. The potential for sustainable land use, including sustained revenue generation and
sustained custodial care, becomes particularly important when the reclaimed mining lands require
sustained or perpetual care and maintenance (active or passive). Custodial Transfer of land, post mining,
requires an extension of the concept of "designing for closure" and the development of a Post Mining
Sustainable Use Plan rather than a "Closure Plan". The mining industry can do much to limit the
liabilities associated with operating a mine by actively participating in, or leading efforts to define the
custodial transfer process, and by developing a sustainable post mining land use. The mining industry
can also provide motivation and guidance to assist in the rationalization of the widely disbursed, largely uncoordinated administration and control of post mining sustainable land-use.
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