Aspects of geo-legal mitigation of environmental impact from mining and associated waste in the UK

Abstract

Mining can have significant environmental impacts involving visual intrusions, dust, noise, blasting, traffic and hydrology. The processes of mineral extraction, processing, smelting and refining can never approximate to becoming environmentally neutral, but the areas of impact can be ameliorated, sometimes to a major degree, by long-term monitoring from the initiation of a project to the phases of a restored or remedial mine and/or refinery. Before an authority will grant a `licence' to proceed, the evaluation and codification of all environmental impacts likely to arise from mining must be incorporated into an independent Environmental Assessment. Such assessments were given legal effect in the UK planning system through the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988. The regulations were amended in 1994, and the Schedule I and II Projects are discussed. Aspects of environmental impacts from non-ferrous mining and open-cast and deep coal mining are outlined involving the three well-known principles of (i) Polluter Pays; (ii) Precautionary, and (iii) BATNEEC. The geo-legal implications of environmental impact mitigation are discussed and cover interalia the potential impact of mine water and associated civil and criminal liability in English law. The problem of abandoned mines is also addressed and the legal mitigation that may be required to ameliorate the expensive effects for industry. This paper also considers the application of English common law to geo-legal mitigation of these impacts and referral is made to the important Cambridge Water Co. case which incorporates aspects of trespass, the rule of Rylands v Fletcher, and nuisance, as well as principles involving smoke, dust, noise and vibration and fumes. The effects of colliery spoil disposal, tip combustion and the rarer structural failure, together with subsidence, and the effect of PHEs and methane emissions are reviewed. One of the paper's conclusions is that in the UK, increasing environmental legislation and associated liabilities will require ever increasing vigilance and involvement of environmental professionals, including geo-lawyers, in the mineral industry. This paper presents an overview of the concepts of geo-legal mitigation in Great Britain, and is not meant for use in specific cases of environmental problems.