Undermining environmental assessment laws: post-assessment amendments for mines in British Columbia, Canada, and potential impacts on water resources

Abstract

In British Columbia (BC), Canada, there is increased attention on mines and their impacts on water resources. In BC, many proposed mines undergo provincial environmental assessment (EA), which predicts a mine’s risks and involves government oversight and public engagement. After approval, mines can apply for amendments that alter the project’s undertakings, including in ways that may harm water resources. We examined all amendment documents for mines undergoing provincial EA in BC from 2002 to 2020. Of the 23 approved mines, 15 (65%) requested a total of 49 amendments, of which 98% were approved. Most mines applied for their first amendment within 3 years of approval. We deemed 20 of the approved amendments (associated with 10 projects) likely to have negative impacts on water resources, including changes to effluent discharge, increased volume of water extraction, or degradation of fish habitat. Amendment applications and approval documents lacked specific, quantitative information to reinforce claims or decisions. We present the first known summary of EA amendments in any jurisdiction. Given that most mines in BC receive amendments, and many are related to water, we express concern that amendment processes increase risk to water resources without meeting standards of evidence and public scrutiny required by the regular EA process.

Risks of mining to salmonid-bearing watersheds

“…Collison et al ( 178 ) recently highlighted a regulatory loophole that may enable harm to freshwater systems from mining operations once the impact assessment process has concluded. Their systematic examination of approved and operating mines in BC found that 65% requested amendments after approval, with 98% of requests approved.…”

Untitled

“…The environment also includes social, cultural, and (for humans) economic and political considerations, as well as the more usually understood features such as soil, climate, and food supply." 18 The Supreme Court of Chile had this to say on the environment: "[T]he environment, environmental heritage and preservation of nature, of which the Constitution speaks and which it secures and protects, is everything which naturally surrounds us and that permits the development of life, and it refers to the atmosphere as it does to the land and its waters, to the flora and fauna, all of which comprise nature, with its ecological systems of balance between organisms and the environment in which they live." 19 In the same vein, the New Zealand Environment Act of 1986 defines the environment as including:…”

“…17 Dupuy and Viñuales, n15, 24 citing F. Ramade, 'Dictionaire Encyclopedique de l'ecologie et des Sciences de l'environnment' (Dunod 2002) 279. 18 Dupuy and Viñuales, n15, 24 citing Michael Allaby, 'Oxford Dictionary of Ecology' (3 rd edn, Oxford University Press 2005) 154. 19 Pedro Flores v Codelco, División Salvador (1988) Rol.…”

“…17 Teck was also given approval for an amendment to their Fording River mine certificate (under the BC Environmental Assessment Act) in 2017 to increase the amount of waste rock stored at the facility, transferred from the Greenhills operation. 18 Though, 2012 is an important year, because in 2012, Teck admitted depositing a deleterious substance into the Fording River.…”