Part II guidance Notes Pillar I – Laws, Policies, and Institutions
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MPF Part II Guidance Notes - For Ratification (1)
5.2 Financial assurance mechanisms
5.2.1 Adopt legislation, regulations, and guidelines for financial assurance. • Government should put in place robust legal and regulatory frameworks, supported by guidance materials, for financial assurance to ensure: o The responsibility to conduct and bear the cost for closure and rehabilitation remain with the mining entities, not the government. o Funding is available to cover all closure costs in the event that the mine operator fails to fulfill its closure obligations. 5.2.2 Enact regulations on the types of financial assurance that are appropriate for mine closure, including their specific details and conditions. • Government regulations and guidance provide details on the forms of financial assurance (like bonds, insurance, and letter of credit) that are accepted, and the legal details and conditions for each form. Templates and examples, such as a letter of credit template, should be provided to mining entities to ensure financial assurance meets the requirements of government. • In choosing the forms of financial assurance, government should take into account the mechanism’s efficiency to be executed, the mining entity’s financial constraints, and government´s capacity to control and easily access the available funds, if needed. 5.2.3.a Require mining entities to provide an adequate level of financial assurance based on realistic estimates to cover the cost of all outstanding closure work programs at any time, by third-party contractors, including those that are premature and/or temporary, in the event that the mine operator fails to fulfill their closure obligations. • Governments should require mining entities to have a fully costed closure plan. Costing should: o Take into account that work will be managed and completed by a third-party contractor. o Include realistic and risk-adjusted estimates to cover all outstanding closure work. Refer to the IGF report Global Review: Financial assurance governance for the post-mining transition (2021) and Integrated Mine Closure: Good Practice Guide, 2nd Edition ( ICMM, 2019). • The costed closure plan should be regularly reviewed and as needed, supported by a third- Download 0.9 Mb. Do'stlaringiz bilan baham: |
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