6. ENVIRONMENTAL PROTECTION AND CULTURAL RESOURCES

The environment and cultural resources of an Aboriginal community usually undergo a lot of change because of mining. Although the Environmental AssessmentEnvironmental Assessment: a written report, compiled prior to a production decision that examines the effects that proposed mining activities will have on the natural surroundings. process will address these issues, a SEPA often does too. Protection of the environment is one of the top three issues that most Aboriginal communities want a SEPA to address.

General Provisions Regarding Environmental Compliance

In this subsection the parties’ commit to protect the environment during every stage of the mine by complying with all the laws, regulationsRegulations: rules that govern activities that are occurring on the land., and project permitsPermits: legally-binding permissions that govern activities that may occur during exploration or mine operation, like quarrying, use or impact on water, building of transmission lines, etc..

Specific Environmental Protection and Monitoring Provisions

This subsection may include details about action the company will take to limit the mine’s environmental impact. Independent advisory or monitoring committees are often established to make sure these measures are carried out properly. This subsection can be very detailed, depending on the mining project, the location, and the operation.

Wildlife

This subsection is written into some SEPAs to address specific Aboriginal concerns about wildlife.

Abandonment and Reclamation

Nowadays mines are not approved unless the company completes a detailed closure and reclamationClosure and Reclamation Stage: restoration of disturbed and/or mined land to its original contour, use, or condition. plan that is acceptable to all stakeholders. This process is regulated outside SEPAs. Nevertheless, SEPAs may address issues of mine abandonment and reclamation as well.

Protection of Cultural Resources and Areas of Cultural Significance

This subsection concerns specific rules and actions for protecting cultural resources and areas of significance.

Parties to a SEPA often negotiate a separate environmental agreement as well. Alternatively, as a result of the Environmental Assessment process, the mining company and the federal and territorial or provincial governments may strike an environmental agreement.

For the Ekati Mine, BHP Billiton and the governments of Canada and the Northwest Territories signed an Environmental Agreement. Attached to that agreement (See *Case Study #1: NWT Diamond Mines, p. Intro-10.) was an ImplementationImplementation: the carrying out or execution of an agreement, decision, or plan. Protocol that four Aboriginal organizations (including Lutsel K’e Dene) signed as well.⁹

Despite the shortcomings in its IBA, the Ekati Mine is one of the most closely monitored mines in Canada. The protocol provided a means for all parties to work together to establish an Independent Environmental Monitoring Agency as a watchdog. BHP Billiton provides funding for the Agency. The federal and territorial governments have also provided funding.¹⁰