Towards Zero Harm

220

TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW

TOWARDS ZERO HARM – A COMPENDIUM OF PAPERS PREPARED FOR THE GLOBAL TAILINGS REVIEW

221

and governance structure to help further define the role and mission of the portal. At present there are plans to include information on closed and legacy sites to support monitoring and remediation, a system to identify dangerous dams, and links to an alert system. 8. LOOKING FORWARD The Initiative continues to meet and engage with the sector. Most recently a Global Tailings Summit was convened by the Initiative on the anniversary of the Brumadinho disaster. At the Summit, a delegation of members was announced that will visit mine sites and communities in Brazil. The voice of community members from affected areas in Brazil has been a regular feature of the Initiative’s meetings, and this delegation is a positive response to their invitation for investors to ‘come and see’. The Initiative’s co-chairs continue to support the GTR as co-convenors on behalf of PRI, because the Standard is a centrally important project that will drive good practice and good governance. There can be no single solution to the kind of challenges that tailings facilities raise. There are human, engineering, environmental, economic and regulatory factors at work. This is all the more reason for all involved to continue to work towards safer tailings. At recent meetings, the Initiative has also considered ‘Investor Expectations’ on tailings management, and has called for a global independent monitoring station to be established with the capacity to provide a 24/7 alert system along the lines of those established for the shipping and aviation sectors. Investors are considering how they can support improved reporting and the provision of insurance for tailings facilities. The Initiative has also suggested the need for a systematic identification and removal of the most dangerous tailings facilities. All of these various activities are in the fascinating space where long term commercial and investor initiatives overlap with the public good – the common good. It is in society’s interest to have more transparent and timely information on large structures that can pose risks to people and the environment. It is tragic that it takes such a catastrophe to focus minds and create the urgency that we hope can begin to make tailings facilities safer.

6. RESULTS OF THE DISCLOSURE REQUEST As of March 2020, just under half of the companies approached had responded, with 152 companies confirming that they have tailings storage facilities (this includes both operator and joint venture interests). The 152 companies represent approximately 83% of the publicly listed mining industry by market capitalisation, and include 45 of the 50 largest companies. The Church of England Pensions Board has maintained a public record of the companies contacted, and of those that have – and have not – responded. 3 Robeco, a Dutch asset management firm, have coordinated an engagement programme among investors to encourage disclosure from laggards. 7. THE PORTAL These disclosures led to the third intervention, which was the creation of a public and free to use global tailings data portal. The Initiative formed a partnership with the Norwegian Foundation, GRID Arendal, the University of Sydney and UNEP to ensure that the new disclosures are gathered, standardised and presented in an accessible format. The database was launched as the Global Tailings Portal, 4 in January 2020, on the eve of the first anniversary of the Brumadinho disaster. It contains detailed information on more than 1,700 tailings storage facilities around the world. Previously, very little information about these facilities was publicly available, and the data that were available were disclosed inconsistently across company annual reports, websites, and regulatory filings. See Franks et al. (this volume) for some initial findings from these disclosures. Investors plan on using the portal for ESG due diligence, to complement the assessment of current and prospective investments. We expect the Portal and the Global Industry Standard on Tailings Management (‘the Standard’) to be mutually supportive, and that the portal could serve as a repository of relevant disclosure information required by the Standard. The portal could also provide a tool to monitor the progress of adoption of the Standard. The next steps in the development of the Global Tailings Portal involve the establishment of a board

Information requested

Instructions

11. Most recent Independent Expert Review

(Date). For this question we take ‘Independent’ to mean a suitably qualified individual or team, external to the Operation, that does not direct the design or construction work for that facility. (Yes or No). We take the word ‘relevant’ here to mean that you have all necessary documents to make an informed and substantiated decision on the safety of the dam, be it an old facility, or an acquisition, or legacy site. More information can be provided in your answer to Q.20.

12. Do you have full and complete relevant engineering records including design, construction, operation, maintenance, and/or closure? 13. What is your hazard categorisation of this facility, based on the consequence of failure? 14. What guideline do you follow for the classification system 15. Has this facility, at any point in its history, failed to be confirmed or certified as stable, or experienced notable stability concerns, as identified by an independent engineer (even if later certified as stable by the same or a different firm). 16. Do you have internal/in house engineering specialist oversight of this facility? Or do you have external engineering support for this purpose? 17. Has a formal analysis of the downstream impact on communities, ecosystems and critical infrastructure in the event of catastrophic failure been undertaken and to reflect final conditions? If so, when did this assessment take place? 18. Is there: a) a closure plan in place for this dam, and b) does it include long term monitoring? 19. Have you, or do you plan to assess your tailings facilities against the impact of more regular extreme weather events as a result of climate change, e.g. over the next two years? 20. Any other relevant information and supporting documentation.

(Yes or No). We note that this will depend on factors including local legislation that are not necessarily tied to best practice. As such, and because remedial action may have been taken, a ‘Yes’ answer may not indicate heightened risk. Stability concerns might include toe seepage, dam movement, overtopping, spillway failure, piping etc. If yes, have appropriately designed and reviewed mitigation actions been implemented? We also note that this question does not bear upon the appropriateness of the criteria, but rather the stewardship levels of the facility or the dam. Additional comments/information may be supplied in your answer to Q20.

Note: Answers may be ‘Both’.

Note: Please answer ‘yes’ or ‘no’, and if ‘yes’, provide a date.

Please answer both parts of this question (e.g. Yes and Yes).

(Yes or No).

Note: this may include links to annual report disclosures, further information in the public domain, guidelines or reports etc.

3. See https://www.churchofengland.org/investor-mining-tailings-safety- initiative 4. See http://tailing.grida.no/