Plano de fechamento de mina e adequação legal: o caso da mina de Águas Claras, Nova Lima, Brasil

Abstract

The Mine Closure Plan – PAFEM is an essential tool for planning and executing actions to be implemented in the post-mining phase of a mining enterprise. At the same time, it is an incipient instrument in the national legislation, wich only in the last twenty years has been included in the current rules. Based on pre – established indicators, the present case study discussed the Águas Claras Mine Closure Plan, wich is located in the municipality of Nova Lima , state of Minas Gerais, acquired from MBR by Vale S/A and filed at State Enviromental Fundation – FEAM on 01/21/2001. The present work analyzed aspects foreseen in Normative Deliberation COPAM 220/2018, article 9, guidelines contained in the Brazilian Mine Institute Manual of Good Practices in comparing to the comands issued by the International Council on Mining and Metals – ICMM and, finally, in supervening legislation that came to regulate other issues related to the descomissioning of mining projects. In order to analyse the Águas Claras Mine Closure Plan compliance 31 indicators were selected based on State Council for Enviromental Policy Normative deliberation 220/2018 (8), and on the International Council of Mining Manual of good practices for Mine Closure (16), as well the Brazilian Mine Institute (7). In total, 14 indicators were not met, among wich we can highlight: a) synthesis and evaluatio of socio-enviromental projetcts and actions developed in the area of influence of the enterprise; b) criteria for stakeholder engagement; c) success indicators for measuring closure actions; d) planning for the progressive closure of the mine; e) actions to mitigate impacts and promote social benefits after the mineis closed; f) criteria for transfer of custody; and g) update of PAFEM in the face of substantial changes in the mineral extraction project. In general, the project meets most of the requirements required by state law, however, it falls short of the requirements established by guides to good practices, both national and internacional. The engagement of the state of Minas Gerais in the regulation of PAFEM is notorious, however , greater alignment is necessary in terms of good national and internacional practices, especially regarding technical criteria and socioeconomic aspects involved in the closure of mining ativity. Coercive actions are also necessary to raise awareness among the sector and society, ensuring that the impacts are properly compensated and that the benefits os future use of the area meet the demands of the affected population.