Member Article

On March 4, 2021, Exempt Resolution No. 625 of the Ministry of Mining (“Res. No. 625”) was published in the Official Gazette.

Res. No. 265 sets forth a citizen consultation process on the proposal to amend Supreme Decree No. 248 of 2007, which approved the Regulations on the Approval of Projects of Design, Construction, Operation and Closure of Tailings Dams (the “Regulations”).

As to the main aspects of the proposal, it broadens the object of the Regulations, stating that it sets forth provisions on:

• Requirements and stages for the approval of projects for the disposal and storage of tailings or significant amendments thereto (…) with the purpose of securing the physical and chemical stability of the dam in all the stages of construction, operation, and closure, safeguarding the safety of the people, environment, and infrastructure.
  
  
• Projects for the implementation of new tailing dams and their ancillary facilities, substantial amendments to the design or operation of existing dams and projects for the reprocessing or exploitation of tailings in existing dams that require storage works.
  
  
• Minimum specific conditions and requirements for the design of tailings dams in terms of physical and chemical stability, as well as hydrologic and hydraulic considerations, for the construction, operation, and closure stages of the dam.
  
  
• Considerations for the implementation of a Tailings Dams Management System that comprises planning, performance assessment, recording and filing of information, as well as preparation for and response to unexpected events, among others, allowing for the engagement in activities for the generation, disposal, and storage of tailings with effective risk management.
  
  

Full text of the Regulations’ amendment proposal and of Res. No. 625 is available here.

As of the date of publication of Res. No. 625 in the Official Gazette, there is a 30-days term for interested parties to submit comments and observations to the amendment proposal to the email address consultaciudadanads248@minminería.cl.