the eia as a tool of local development

7/27/2019 The EIA as a Tool of Local Development

1/19


2/19

The EIA as a Tool of Local Development27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

2

MATERIALS AND METHODS

It is presented, on the one hand, an open sky metal mining development (open pit of 2km ofdiameter by 700 m of depth) with productive processes with demand of great volumes of water(more than 80,000 tons / day), explosives, energy, cyanide, etc. implanted in a zone with

semi-desert climate and arid soils and agricultural productions of quality, and whose completeprocess, from the extraction to the export of the mineral concentrated, crosses by fourprovinces, and by the other, the pulp mills (estimative production of a million tons / year ofpaste), in a shore zone on the Uruguay river with a strengthened tendency as far as the touristdevelopment and small and medium industries.

CASE I: Mining

General characteristics

The deposit Bajo de la Alumbrera is to the Northwest of the Province of Catamarca and tothe East of the Andes, 2.600 meters above sea level.

The rights of exploration and operation belong to Water Mining Deposits of Dionisio(Yacimientos Mineros de Aguas de Dionisio - YMAD), a society integrated by the province ofCatamarca, the National University of Tucumn and the National State. YMAD has constituteda Transitory Union of Companies (UTE) with Mining Alumbrera for the operation of the deposit.

At the present time, Alumbrera Mine, is operated by the Swiss Company Xstrata, which has50% of the investment, whereas the rest has the Canadian companies Goldcorp (36,5%) andNorthern Orion Resources (12,5%). (Minera Alumbrera, 2005)

In the following picture some data of the mining project can be observed.

CONCEPT AMOUNT UNITY

Cooper /year 180.000 tons

Gold /year 640.000 ounces troy

Years 20 years

Total production Cu considered 3.600.000 tons

Total production Au considered 12.000.000 ounces troy

Crushed rock / day 340.000 tons

Material wi th Cu y Au to the proc ess 105.000 tons / day

Concentrate exported 700.000 tons / year

Final cost 1.200.000.000 U$S

The annual production would be of around 700,000 tons of concentrated which they containapproximately 180.000 Tons of metallic copper and 640.000 ounces troy of gold.

The productive process generates tails that flows by gravity until the dock of tails where finallythey are deposited. This dock has a surface of 30 hectares and 150 meters of depth with

UTE

Transitory Union ofCompanies

YMADYacimientos Mineros Aguas

de Dionisio

Province of CatamarcaNational University of

TucumnNacional State

Minera Alumbrera

Xstrata (50%)Goldcorp (36,5%)

Northern Orion Resources(12,5%)


3/19


3

incomplete waterproofing, acting the land as filter leaving to pass the water again, those thatrecover with a system of pools and pumping-back, introducing it in the dock. (Figure 1)

Figure 1: aerial view (by Google earth) in where is possible to be observed open-pit and the dock of tails, from a height of 10.39 km.(by E. Franco)

From the 340.000 tons of rock crushed per day, about 105.000 tons of mineral of copper andgold (principally) are obtained to be processed by the concentrator. The rest is deposited onthe ground.

After the chemical process, concentrating in pulp form is obtained with a content of 63% ofsolids that is transported by pipeline of 312 km in length until Cruz del Norte, province ofTucumn, where dehydrates it and is sent in own trains until the Alumbrera Port in SanLorenzo, near Rosary in province of Santa Fe. (Figure 2).


4/19


4

Figure 2: in the scheme is observed the route that the mineral makes from its extraction in the province of Catamarca to its boardingin the own port near the city of Rosario, traveling through several provinces. (by D. Murgua)

Administrative and legal frame

In following picture are the main norms related to the project.

NORM SOME CHARACTERISTICS

National Constitution1

Art. 124: ....correspond to the Provinces the original dominion of the existing naturalresources in its territory, between which are the mining resources.Art. 75, inc. 17: .... to assure its participation (the indigenous towns) in the managementof the natural resources and to the other interests that affect them

Mining Code of ArgentinaRepubblic2

Art. 9: The State cannot work or develop mines, but in the cases expressed in thepresent law.Art. 18. The mines are granted to the individuals for limitless time

Law 24.5853

Minimum requirements of environmental protection for the mining operation incorporatedlike complementary title to the Code of Mining, in the section second.Art. 246 - 268. Section Second. Of the environmental protection for the mining activityArt. 250. The authorities that the provinces determine in the scope of their jur isdiction willbe Authority of Application (AA) for hereby arranged the sectionArt. 252. The AA will evaluate the EAR and it will be pronounced by the approval bymeans of a declaration of EI for each one of the stages of the project or ofimplementation

Art. 268. The AA will be forced to provide information to that will ask for respect to theapplication of the dispositions of the present section.

Law of Mining Investmentsand related others

N 24.196/93, 24.402, 25.063, 24.224 and others.General Mining Agreement. Law 24.228. National Mining Plan 2004-2006 of the 01/23/04

Law 25.8314 Regime of free access to the national public information

EIA law The Province of Catamarca does not have

Agreement169 OITOn indigenous and Tribal towns (ratified by the National Congress) that consecrates theSelf-determination of the Original Towns on i ts Territories and their Development.

1 Modification of 1994.2 Law 1919, modified by several laws. Cdigo de Minera de la Repblica Argentina. 2005. Con legislacin complementaria. Editor La Ley.3 11/24/95

4 01/06/04


5/19


5

Physical resources

The area where it is located the mine is in the province of Catamarca, the Argentine northwestand mainly includes the departments of Andalgal, Santa Maria and Beln. It excels in thearea the Campo del Arenal or the Pozuelos, located in the central sector of the zone of theproject, depressed zone that is main source of supply of the water used for the operation.

According to the classification in eco-regions of Argentina (Burkart et al. 1999), the operationarea it corresponds to the regions named Monte de Sierra y Bolsones, Yungas y Puna y AltosAndes

According to the classification of Kppen, the climate of the region is of type BWK. Dry, freshand desert climate subtropical

The underground hydric resources (main source of supply of the project) correspond to thewater bearing Campo del Arenal whose water is calcic bicarbonated, apt for all use andhuman consumption.

The INA (National Institute of Water) shows that water-bearing of the Campo del Arenal would

have a charge of 1.1 m

3

/h. Would be possible to extract a maximum volume of the order of the1.600 m3/h. (0.44 m3/sec) if the water-bearing thickness of the existing one in more isconfirmed than 250 m. which would correspond to a daily maximum volume of 38.400 m3/day.They would be using more than 50.000 m3/day and according to other sources it would arriveat 1m3/sec. that is 86.400 m3/day

In the other areas the water characterizes by high sulphate content (1.000 - 2.400 mg/l), hightotal dissolved solid level and oligoelements, not being apt for human consumption.

In the study area are several mineral water and thermal sources, many of them comparablewith of the most famous of the world by their medicinal and therapeutic qualities.

With respect to the superficial hydric resources the most important rivers are the River SantaMaria and the Beln-Nacimiento River, in addition to the River Cerro Colorado that finishes in

the province of Tucumn, of little annual average volumes and to seasonal character.

MEASURE STATION PERIOD

MAXIMUN MINIMUM

ANNUAL

AVERAGE Nov/Dic 59

RIO SANTA MARIA Pie de Mdano 1970/1985 8,69 0,48 2,46

Fambalasto 1957/1959 8,50 0,38 4,60 2,31RIO AMPAJANGO Desarenador 0,57 0,16 0,34

Vertedero Cipolleti 1955/59 0,96 0,08 0,34 0,18RIO ANDALGALA Andalgal 192/1961 1,50 0,58 0,86RIO BELEN Playa Larga 6,72 0,83 2,28

Ref.: Agua y Energa Elctrica Sociedad del Estado.

VOLUMES

In the following graph a humidity deficit can be seen throughout that the evapotranspiration-

ETP (method of Thornthwaite-1948) in every month is greater to the precipitation, registering adeficit of humidity during the year.


6/19


6

Precipitations and Evapotranspiration (ETP)

Andalgal - Catamarca

0

20

40

60

80

100

120

140

160

J F M A M J J A S O N D

Mounths

mm

ETP( Thornthwaite, mm) Precipitation (mm)

J F M A M J J A S O N D ANNUAL

ETP( Thornthwaite, mm) 141 112 97 59 34 17 18 30 54 85 112 142 902

Precipitation (mm) 75,5 64,8 45,7 15,8 8,4 4,4 5,4 5,2 4,8 13,7 18,7 35,3 297,5

Graph 1.1: Precipitations and evapotranspiration. Andalgal Station, Catamarca. (Battan et al.2006)

Productive activities

In the region they are developed, fundamentally, agricultural productive activities,characterized by little industrialization. During the last decade the productive weave of thePymes (little and middle industry) of the region was seriously affected by the national policies.

Between the main productions with certain degree of industrialization appear those of foodsand drinks in general and olive trees, walnuts and grapevines, like thus also pepper mills,vermicelli and warehouses.

The goat cattle are the one of greater diffusion in the zone.

Access to the information

The Authority of the Application of the Law N 24.585 "Of Environmental Protection for theMining Activity", in the Province of Catamarca, is the Secretary of State of Mining. TheProvincial Unit of Environmental Management (UGAP), technical department dependent of theSecretariat of State of Mining (SEM), is in charge to offer to technical support and advising, tothe Provincial Mining Authority, within the frame of the Mining Environmental Management.

Previous at the beginning of the mining activity, the law demands that the holder of the miningright present in the Desk of Entrances and Exits of the Secretariat of State of Mining a Reportof Environmental Impacts (IIA), in order to obtain the authorization to initiate the activitiesaccording to terms of reference fixed to the national law 24.585 (Annexed I, II and III for thestages of: Prospection, Exploration and Operation respectively)5.

The presentation of the Report must be carried out by triplicate in paper and digital form (DC)...after which the UGAP carries out an evaluation.

In the web page of the Secretariat of Mining (www.mineriacatamarca.gov.ar) , in ResolutionsDIA (Declaration of Environmental Impacts) there is neither DIA nor number of resolutionreferred to the mining projects and they do not response the orders neither by phone nor mailand email.

5The Law 24.585, as a national law of environmental protection for the mining activity, does not establish terms of reference for individual projects, but thatestablishes general guides for all the mining activity of the Country. The province of Catamarca, because it does not have specific legislation, uses it in its projects.


7/19


7

Economic frame

"Like result of the low costs of operation and development of Bajo La Alumbrera, NorthernOrion hopes to benefit from its cash flow during next ten years that next to a positiverevaluation of the Agua Rica deposit (to 17 km of the Alumbrera) like result of the present

devaluation in Argentina, a flow of constant cash will give to Northern Orion during next 25years." (El Ingeniero Andino. 2003)

Alumbrera would have export, approximately, 1.180 millions dollars in 2005 and 1.350 millionsduring the first six months of 2006 (until 2002 it was 500 millions, nearly).

In a report of 2005 of the division of Nations United for Trade and Development, concludesthat whereas in the oil sector the State took control - via royalties, retentions, gains and othertaxes of the 31 percent of the rent generated in 2004, in the mining sector descends fromremarkable way, that is, that the mining investment is promoted more than the oil one.(Sbatella, 2005)

SECTOR DISTRIBUTION OF THE RENT (6)

State

Oil31% retentions, gains, royalties and

other taxes

1999 - 2003 2004

MinerCooper 2 % 15.7 %

Gold 4,8 % 16.3 %

In both cases, cooper and gold, the participation of the State improved substantially in the2004 due fundamentally to the Alumbrera mine, after completing the amortization of itsinvestment, began to pay the gains taxes and royalties. The national State would receiveabout 30 millions dollars and the royalties to the province of Catamarca would be 12 millionsdollars per year average.

Although the growth of the last year is caused, mainly, by the increase of the internationalprices of metals, a legislation of strong promotion of the investment and with a sum ofexemptions and benefits played the preponderant roll in the expansion of the sector. After2002, the devaluation induced a significant reduction in price of production costs. (Scaletta,2006)

From an international perspective, the fiscal load of the mining activity is in Argentina 6 pointsbelow the average of Latin America and 20 points below countries like Canada and Australia.(Scaletta, 2006)

Argentina is in the second position of the global ranking of investment opportunities for theMining Journal. The new projects to evaluate passed from 30 in 2003 to 275 in 2006.(www.mineria.gov.ar). A key data to invest in the local economy is that the companies are not

forced to eliminate in the country export currencies, the majority destiny of the production.(Scaletta, 2006).

In addition, in the totality of the cases, the export of concentrated does not consider the otherpresent metals in the mixture, beside to gold and cooper, as in this case.

6 Rent: difference between sale price and production costs, but within these 12% of gain s


8/19


8

Environmental impacts 7

CATEGORY FACTOR COMMENTS

WaterLowering of ground water level for

mining purposes

Santa Maria would be receiving a 40% less water

SulphatesIn the Vis-Vis River (Dto Andalgal): concentration of sulphates doubles of the normal from the

infiltrations of the dock of tails with no appropiate waterproofing

Heavy metals and other

hazardous substances

In the Ro Hondo dam (Pcia. of Santiago del Estero) from the transport of the Sal - Dulce rivers

where the remainders of the drying plant of Tucumn are spilled. They found vestiges of Se - As-

Pb - Hg - Zn - Co - Mo - Cu - Ag - Ni and Mn, among others

Air Particles in suspension Fundamentally to the crushing of 340,000 Tn rock/day with explosives

Vibrations Use of great explosive amounts for the crushing of the rock

Noise Great explosive amounts

hydrogen cyanide From the chemical process

Oxides of sulphur (SOx)

FloraChanges of natural vegetations,

biodiversity, etc.

Due to the liquid and gaseous emissions, location project, water level. Programs protection and

follow-up are not known.

Disturbance of plant habitats Programs protection and follow-up are not known.

Fauna Disturbance of wildlife habitatsAlteration of the birds hbitat due to t he water mirror of the dock of tails.

Migratory changes Due to the presence of pit, dock of tails, explosions, establishments open, etc.

Soil Soil contamination Rock Acid Drainage (RAD)

Soil acidification RAD

Erosion Changes in natural landscape by the open-pit,

Changes in moisture content

Wastes

Lanscape Surface requirements - open pitOpen-pit: 2 km x 700 m of depth with steps of 17 m. - alteration of the underground rivers,

extraction ground, etc.

Dock of tails: 30 hectares and 150 m high, with liquid and solid remainders of varied type.

Human health Res pirat ory problemsThe respiratory problems of the inhabitants of Andalgal would have increased to 700% (local

Hospital).

Other pathologiesEpidemmiologic studies are not known, for example, due to t he contact with t he air and

consumption of water with high contents of sulfides, cyanides, et c.

Safety - Risks People Explosions - Traffic heavy vehicles

Natural environmentRock Acid Drenaige (RAD) - Filtrations of dock of tails - Concentrate pipeline breakage with

spills in the river-bed

Infraestructure Dock of tails by earthquakes - Station Pumping Faults - Concentrate pipeline breakage

Breakage and fissures in houses by vibrations by transit of heavy vehicles

TransportAccidents t rucks treansporting chemical substances - Transport over more than 500 km. by train

Soc io-economic Human Rights ri spec t Police repression in manifestations in Andalgal

Change of life styleImmigration of foreign people to the t raditional social context - antagonistic sides form - socialdesintegration - eradication

Incorporation of a powerful member in the social context

Access to the environmental

information

Res.N 146/05 denies information in environmental matter - the studies in the web page are not

loaded

Participation in t he different

stages from the project

None - mechanisms of communitarian participation do not exist.

Employment opportunitiesThe direct employment would be of 900 people/ao (2000-02) with labor days of 12 hours

Employment conditionsLabor days 12 hs during 7 days. After, 7 days frank - heavy work - precarious conditions

Infraestructure14 km asphalted route - electrical line 220Kw of 202 km in length - laying optical fiber Andalgal -

Aconquija

Electrical consumption Greater individual electrical consumer of Argentina.

Extraction of Natural Resource

They are dynamited more than 300 thousands Tn of rock per day with diverse metal contents. At

the rate of 17 thousands Tn de Au and 180 thousands of Cu between the main ones.

Cultura l heri tage Original peopleThe rights of the indigenous towns nor of the preexisting local communities are not respected.

They do not have participation in the decision mak ing

Protected zones Part of the electroduct pass t hrough the "Camino del Inca", Taf del Valle, Tucumn.

7 From several sources


9/19


9

With respect the infrastructure the works have been made but were detected faults in theallocation of the benefits that create positive externalities such as the laying of the electricalline and its connection to the settlers of Santa Maria. An increase of the well-being of theinhabitants of the place is not verified, neither in which it refers about to the quality nor thediminution of the tariff of the service of distribution of electrical energy, except for someexceptions "(Jordan et al, 2004)

Governor of Catamarca Eduardo Brizuela of the Moral: "Catamarca really had a great hope inthese mining operations, these have not occurred in the form and the time that we had thoughtit because the contract with the mining companies was bad"

Secretary of Mining of the province of Catamarca Engineer Sinner: "soon of the closing ofmine, the companies must remain to 10 years more in the country cleaning the toxicremainders of the "dock of tail", because when is let make the pumping back, it is to say thefiltration of the water of the river, will take place an ecological disaster"

Supreme Court of the Nation: recognize the power of provinces to regulate the protection ofthe environment locally, and to regulate or restrict activities, even when they are permittedunder national laws.

Judicial processes: in course by supposed contamination of waters, air and grounds due to theactivity of the miner, like for example, contamination of waters of the Vis-Vis river (Catamarca),of the river Sal (Tucumn) and river Dulce Termas of Ro Hondo (province of Santiago delEstero). (Diario El Ancasti. 2004)

Suspected local governments: in the neighboring province of La Rioja, the destitution of theGovernor (ex- Secretary Mining of the Nation when law 24.196 was sanctioned) in relation tothe mining project of the Famatina took place, when the provincial legislature sanctioned thelaw that prohibits the mining to sky opened with cyanide use (8-03-07). In the last days themining Barrick Gold communicated the provincial government of La Rioja that will leave theworks of exploration in the Famatina hill. (Diario Clarn, 2007; Pardo, 2007)

Community of Esquel (province of Chubut) versus Meridian Gold: after a popular consultationthe 23 March 2003, 81% of the population rejected the mining of gold to open sky.

On Tuesday 12 December 2006 delegations of different provinces from the countryconcentrated themselves in Plaza de Mayo to demand the stop of the sacking (saqueo) ofthe natural resources and of contamination. They were present citizen assemblies, socialorganizations and ecological networks of the La Rioja, Mendoza, San Juan, Ro Negro,Chubut, Santa Cruz, Entre Ros, Catamarca, Cordoba, Tucumn, La Pampa, Buenos Aires,among others, and representatives of Paraguay and Uruguay.

The demonstration was made under slogans of: No, to the polluting mining to open sky No, to the pulp mills in the Uruguay River No, to the projects that, not only contaminate our atmosphere and damage our health, but

that they try to modify our style of life, our culture and our regional productive activities

without no of the communities has granted them previous a social license for it. Yes, to the beginning of genuinely participative national and regional public policies.

In the Assembly of the 27-28 of April 2007 in Mendoza representatives of more than 140Assemblies of all the Country joined. In next picture some of the main assemblies areenumerated. (RENACE, 2007).


10/19


10

Agrupacin uranionogracias (San Rafael Mendoza)

APYME (San Rafael)

Asamblea Alta Crdoba

Asamblea Ambientalista Autoconvocados de Crdoba.

Asamblea Comarcal contra la contaminacin y el saqueo El Bolsn Ro Negro

Asamblea de Vecinos Autoconvocados de Esquel"

Asamblea de Vecinos Autoconvocados de Neuqun, Ro Negro, Chubut y Patagones por el no a la minera contaminante

Asamblea del oeste catamarqueo

Asamblea mendocina por agua pura.

Asamblea Popular contra la minera contaminante

Asamblea sanjuanina no al saqueo y la contaminacin

Asambleas sanjuaninas

Asociacin de Prestadores de Turismo Aventura - San Juan

Asociacin de viateros San Juan

Autoconvocados de Calingasta San Juan

Autoconvocados de Concepcin del Uruguay y Ubajay Entre Ros

Autoconvocados de Famatina La Rioja

Autoconvocados de Las Heras; Tunuyn; Tupungato; Maip; Guaymalln; Punta del Agua y Malarge.

Autoconvocados de San Carlos - Mendoza

Cmara de Turismo de Mendoza.

Colegio de Abogados de Catamarca

Comunidad Indgena de Amaicha del Valle - Tucumn

Comunidad Indgena de Concepcin

Comunidad Indgena de Ingamana - Catamarca

Comunidad Indgena de Quilmes Tucumn

Comunidad Indgena de Santa Mara

Comunidad Indgena de Taf del Valle - Tucumn

Cullunche.

Federacin Ambiental de Tucumn

Frente Cvico por la Vida - San JuanGrupo 9 de Julio Valle del Carmen Crdoba

Intersectorial de Taf del Valle

Jvenes Autoconvocados de Andalgal

Jvenes Autoconvocados de Beln

Jvenes Autoconvocados de Santa Mara - Catamarca

MACH RENACE Chubut

Madres Jachaleras y Autoconvocados de Jachal San Juan

Movimiento de Autoconvocados de Concepcin - Tucumn

Multisectorial de General Alvear.

Multisectorial del Sur San Rafael - Mendoza

OIKOS Red Ambiental

ONGs Nativa;

Pro - Eco - Taf Viejo - Tucumn

Salve San Juan

Sanjuaninos autoconvocados no a la mina

Sociedad Cordillerana Mendoza

Vecinos Autoconvocados de Andalgal - Catamarca

Vecinos Autoconvocados de Beln - Catamarca

Vecinos Autoconvocados de Catamarca

Vecinos Autoconvocados de los Valles Calchaques (Catamarca, Salta, Tucumn)

SOME OF THE ASSEMBLEIS (with their original names)

WEEK-END 27-29 April 2007

San Rafael - MendozaUnion of Citizen Assemblies of Argentina

manifestation against the mining contamination(more than 140 represented Assemblies of all the Country)

Pachamama - Mother Earth


11/19


11

CASE II: Pulp mills

In the neighboring Oriental Republic of Uruguay (R.O.U.), the establishment of forestplantations began to subsidize itself on the part of the State about 20 years ago, of way to gogradually transforming to the Country into a great wood producer for the cellulose pasteproduction.

This did that it went modifying the distribution of the farming producers and the productionsystems happening, in some zones, of an agricultural and cattle-raising system to oneagricultural forest industrialist of monoculture.

Within the frame in bilateral agreements, the Finnish company Botnia presented the project forthe installation of a pulp mill in Fray Bentos (R.O.U.) (10/30/03). Also, the Spanish companyENCE had made it previously (05/05/03). (DINAMA,2006). In the map of figure 3 the locationof the plant can be observed on the right margin of the Uruguay river.

Figure 3: area of influence of the Project (Cura et al. 2006)

Here, are some data of the Botnias factory, from the Environmental Impact Study (EIS)displayed for the company:


12/19


12

CONCEPT UNITYIndustrial process KRAFT with ECF

Water

Consumption 86.000 tons

Residual water to treatment 73.000 tons

Wood

Consumption 10.000 tons

Fibers 3.175 tons AD/day

Air Dried Pulp (hour) 119 Tons AD/h

Air Dried Pulp (year) 1.000.000 tons AD/year

Humid Solid Remainders 49.500 tons humid/ year

Chemicals 150.000 tons /year

Employment

Really generated 300 people

Gases

Chimney - height 120 m

Chimney - diameter exit 4 m

Ascending speed of exit 20 m/sec.

Temperature of exit 160 C

Volume 5.795 m3/Adt

SO2 (Sulfur dioxide) 196 Kg/h 1.658 Kg/ADTn

NOx (Nitrogen oxides) 164 Kg/h 1,4 Kg/ADTn

PM (Particles) 79 Kg/h 0,66 Kg/ADTn

TRS (Reduced Sulfur Total) 5,50 Kg/h 0,1 Kg/ADTn Ref. EIS of Botnia

The EIA requirement is demanded by the law of Environmental Impact of the Oriental Republicof Uruguay (Law 16.466 of the 01/09/94) and by established in the Digest on the use and theadvantage of the river of the Administrator Commission of the Uruguay River (CARU) onconformity to the Statute of the same river and on the part of several regional NGOs, publicorganizations, local producers and citizenship in general that want to be considered in thedecisions about of their local development.

Here are some examples that helped to the scaling of this conflict in a border zone,summarized in figure 4:

Promises unfulfilled

Example1) In the agreement between Foreign Offices the conditions were: Uruguay gave all the documentation Argentina analyzed all the documentation A joint decision was taken on where to locate the mills Follow-up by both countriesIt was not fulfilled the first point. (Bullrich, 2007)

Example 2) The president of Uruguay promises to the president of Argentina not to makedecisions with the pulp mills without fulfilling the Statute of the Uruguay River. Nevertheless,for that moment (06/09/03) the decree that authorized the construction of one of the factories

had already been signed. (Bullrich, 2007)

Little satisfactory environmental impact studies - Presentation of vague and littlereliable technical data

Example 1) when the Previous Environmental Authorization is granted, the DINAMA(Environmental National Direction) suggests more than 30 additional conditions to the actionsalready compromised, among them: The company will have to present an Environmental Management Plan of the construction

stage before the beginning of that stage. The company will have to notify to DINAMA about the beginning of works.


13/19


13

Will have to present, before the beginning of the phase of construction, an EnvironmentalManagement Plan of the operation of the complete project (pulp mill and harbor terminal)that will have to include like minimum...

The activities of follow-up and approved will have to begin with sufficient term like havingat least a previous year of measures to the beginning of the construction stage.

For that date the construction stage had already begun. (DINAMA, 2005)

Example 2): "In reference to the harbor project, the same one has important deficiencies in itsdefinition like project, which does not allow a correct evaluation of the impacts. The presentedanalysis, in the complementary information, has not considered aspects alreadycommunicated in the impact study, among them the referred ones to the biological importanceof the site, which considers an important omission in the evaluation. The location of the port aswell incorporates a disturbance in the component hydrodynamics of the coast, which has notbeen considered, neither in the models used for the unloading of effluents, nor in the analysisof impacts. (DINAMA, 2004)

Example 3) "in documents presented by Botnia during the process of evaluation of impactswere identified emptiness of information, contradictions (even within the same document) andanswers dispersed and little satisfactory. The received information was characterized, inaddition, very voluminous and clear, reiterative and sometimes superfluous and of little quality.

All here exposed resulted in a clear and repeated obstruction of the evaluation process."(DINAMA, 2005)

Lack of communication and dialog with the communities directly involved

From the declarations of the CEO of Botnia: "the error that we committed in the beginning wasnot to make public forums in Gualeguaych. Later, no longer we have been welcome. But weare arranged to engage in a dialog, although not to be object of a public manifestation. (Toller,2007)

Inadequate public declarations

For example, the Foreign Office Minister of Uruguay declares publicly that the installation oftwo cellulose pulp mills "does not have reverse gear, because is a sovereign decision of the

Uruguayan government". At that moment the Mixed Commission that the presidents of bothcountries had decided to form was working (Diario Clarn 2006)

Figure 4: summary of some causes of the conflict


14/19


14

FOREST DEVELOPMENT

AGREEMENT INSTALATION PULP MILLS

REQUERIMENTS

EIA law (R.O.Uruguay)

Digest of the use of the River (CARU) Statute of the Uruguay River

Regional NGOs, citizenship, localproducers, etc.

E.I.A.

Promises unfulfilled

Presentation of vague and little reliabletechnical data

Little satisfactory environmental impactstudies

Not treated like an border project

Absence of previous communitarianstages of participation in communities

directly affected

The issue was handled by Foreign Offices

In Argentina did not take part the Environmental and Sustainable Development Secretariat

Unsuitable public declarations

It passed from technical analysis to politics field

INTERNATIONAL CONFLICT

WEEK-END 27-29 april 2007

San Martin Bridge over Uruguay Rivermanifestation against pulp mills (photos NA)

(more than 150.000 people)


15/19


15

CONCLUSIONS

The accomplishment of the Environmental Impact Assessment (EIA) in time and form, couldbe transformed into the most effective tool of environmental management, contributing in thatway to the design of a model of development of our communities, in where the analysis of thepossible and permissible environmental impacts of the projects was the point of contact of thatdevelopment.

In a region highly delayed from the economic point of view, like in "Bajo La Alumbrera", in theprovince of Catamarca (Argentine Republic) the abundant negative and irreversible impacts ofthe metal mining activity (on water, air, ground, landscape, agriculture, community, etc.) theywould be sly and "balanced" in the short term with some positive impacts from the income byroyalties, employment generation and by some infrastructure works. Nevertheless, protectedby appropriate laws, in one more large and long term vision, the unsustainability of the activityis demonstrated putting in addition in evidence administrative processes little transparent.

In a review study on new directives for the Extractive Industries (EI) the Group of the WorldBank concludes that it will have to support only those projects that obtain an ample consensusof the affected local communities, the transparency of income, social and environmentalvaluations, etc. (Banco Mundial.2004)).

In the other case, the inclusion of one (or several) pulp mills of great magnitude on the coastsof the Uruguay river, in border areas and near centers populated with great touristdevelopment, little intervened on great scale spaces, etc. followed of a badly begin and aworse later handling of the responsibilities and the information have contributed effectively tothe scaling of a conflict directed, without no doubt, towards an uncertain end.

A well formulated EIA should be made having into account a previous evaluation from thesocial groups directly affected (Mastrngelo, 2003), to value the perception that they have ofthe possible futures impacts of the analyzed project and in this way to be adapting (if possible)in early stages the projects or development plans.

Argentina is a country with enormous historic imbalances in regional terms, absence oftransference of technology and true regional plans of development, reason why it is of vital

importance of fomenting real programs of development of these regional economies throughspecific policies for the rearmed the productive tissue of each region.

The metal mining by itself does not encourage an economic development (Power,2002), allthe opposite, like the pulp mills at great scale. The global model of consumption that is to thebase of these classes of industries is not compatible with the model of use of the naturalresources of most of the communities of our region.

The possibility of harmonizing economic growth for the population in general with renewabilityof resources is a necessary goal of this development, and one that implies political, economic,industrial and social changes. Attention to sustainability objectives is driven by demands forimprovements to meet the challenge of providing decent livelihoods for all without wreckingthe planet(Gibson,2006)

The EIA, once established their procedures, will have to extend to those real plans andprograms of development with the objective to determine for the different environments whichprojects can be made and which no, thinking to the territory from the environmental point ofview and no politician nor administrative.

Structural changes in the institutions and the organizational levels of the local, regional andnational administrations must prevail. Due to the great disparity of norms, criteria of application,conformation of the environmental units of management in each jurisdiction, conflicts betweennational and provincial norms, etc. are indispensable, the institutional fortification of theenvironmental authorities. (Figure 5)


16/19


16

For the case of zones border (5 countries and 9.400 km long), approach will have to bebasically the same, only the administrative limits will be respect at first but tending to a globalapproach, that although will consider those limits, it will try them to avoid with the beststrategies of mutual collaboration. The key question is not to make distinction in theprocesses of decision between the affected areas, both sides of the borders, having tocompromise the country of origin in involving to the public and the authorities of the affected

part, in its processes of EIA. (Espoo, 1991;Partidario, 2004)

The responsibility will fall on the environmental authorities and maintaining to the foreignoffices like vehicles and not like protagonist and, it is of vital importance the previousexchange of information and the participation of the communities in all the process, butfundamentally in the early stages. (Albergaria and Fidelis. 2005)).

The social and economic impacts, jointly with the biological processes do not know of political-administrative limits. The neighboring countries will have to be interpreted in terms ofecological regions. It is a change in the way of thinking and planning. They require, on the onehand, the preparation of the most detailed environmental data bases and, by the other, of anenvironmental planning of the space.

Extreme cases as presented here, are samples representative of the great diversity of otheractivities also in conflict, fundamentally by an inadequate implementation and/or treatment ofthe EIA in time and form, like, for example, the disordered urban growth and the treatment andfinal disposition of wastes, the deforestation of the native forests, the contamination ofunderground waters, etc.

In a broad vision for the future the feasibility of the creation of a national or central agency(modification of the present Secretariat) with sub-agencies located in different environmentalregions should be studied. The same ones would have to have and to follow regulations ofnational character for the approval or rejection of projects, about the participation and citizenconsults during the totality of the administrative process, etc. (Directiva 2003).

The possibility of harmonizing economic growth for the population in general with renewabilityof resources is a necessary goal of this development, and one that implies political, economic,

industrial and social changes. The urgent implementation of SEA Strategic EnvironmentalAssessment (Sadler and Verheem, 1996; SEA, 2005) is necessary to manage our naturalresources.

The EIA thus conceived could be the point of contact between natural, economic and socialsciences and must become, in that way, in a vital part of programs, plans and policies,constituting itself in the most effective tool towards the achievement of a local development,able to guarantee the integration of our communities in harmony with their environment.


17/19

27 th Annual Conference of IAIA

Figure 5: Scheme that shows the necessary institutional fortification of the environmental authorities in order to the application a Strategic Environmental Assessm

INSTITUTIONAL STRENGTHENING

REGION ENVIRONMENTAL FEASIBILITYEcological - Economic Social

PROJECTS E

ECOLOGICAL DATA BASES

PLANNING OF THE SPACE

PRODUCTIVE SYSTEMS

POLITICAL INSTITUTIONS

CULTURAL HERITAGE

OPEN AND JUST PROCESSES OF CONSULTATION

RESPECT OF THE RIGHTS OF THE AFFECTEDCOMMUNITIES

etc.ZONE BORDER: Global approach with the best

strategies of mutual collaboration

APPROVAL

CITIZENSH

FOLLOW-UP O

STRATEGIC ENVIRONMENTAL ASSESSMENT- SEA -


18/19


18

REFERENCES

Albergaria, R. and T. Fidelis. 2005. Transboundary Impact Assessment. Iberianexperiences. SEA Prague. Settember.

Banco Mundial. 2004. Hacia un equilibrio: El Banco Mundial y las Industrias Extractivas.Respuesta del Equipo de Gestin del Banco Mundial. www.bancomundial.org

Battan, M. ; M.R. Bertoni; M.V. Bielsa and P. Ramati. 2006. Minera La Alumbrera.Informe Final. Curso de EIA. Dto. Economa, Organizacin y Legal. FI-UBA. (with morethan 20 references).

Bullrich, Lucrecia. 2007. Todo comenz con una mentira. ex Argentina Foreign Minister,Rafael Bielsa. Interview. Diario La Nacin. 03/20/07 - www.lanacion.com.ar

Burkart, R., Brbaro, N.O., Snchez, R.O., y Gmez, D.A. 1999. Ecoregiones de laArgentina. Administracin de Parques Nacionales y Secretara de Recursos Naturales yDesarrollo Sustentable. Buenos Aires.

Cdigo de Minera de la Repblica Argentina. 2005. Con legislacin complementaria.

Ediciones La Ley.

Cura, O.; M. de la Dedicacin; E. Franco; l. Lewin; D. Murgua y H. Rosales. 2006. PlantaProductora de Pasta Celulsica. Informe Final Curso de EIA. Dto. Economa,Organizacin y Legal. FI-UBA. (con ms de 50 referencias consultadas).

Diario Clarn. 2006. Declaraciones del Canciller uruguayo Gargano. 08/25/06www.clarin.com.ar

Diario Clarn. 2007. La Rioja: se ira la minera Barrica Gold. La empresa canadienseabandona su proyecto en Famatina. 12 March. www.clarin.com.ar

Diario El Ancasti. 2004. Catamarca - Argentina 08/26/04.

DINAMA. Divisin de Evaluacin de Impactos Ambientales de la R. O. del Uruguay. 2004-2006. www.dinama.gub.uy . Oct. 2004 Feb 2005.

Directiva 2003/4/CE del Parlamento Europeo y del Consejo. Relativa al acceso del pblicoa la informacin medioambiental. January 28.

El Ingeniero Andino. 2003. Wheaton se asocia con Northern Orion y disminuye su riesgoen Alumbrera. Vol X N 594 61-63. 16 April.

Espoo Convention. 1991. Convenio sobre la Evaluacin del Impacto Ambiental en unContexto Transfronterizo. Febrero. Finlandia

Gibson, Robert. 2006. Sustainability assessment: basic components of a practical

approach. Impact Assessment and Project Appraisal. Vol. 24, n 3:170-182.

Jordan, R. F. Sarudiansky, G. Watanabe, L. Tassile, I. Rodriguez, R. Daneri. 2004.Actualizacin del informe de impacto econmico del proyecto minero Bajo de La Alumbrera.Centro de Estudios para la Sustentabilidad. CEPS. Universidad Nacional de San Martn.

Mastrngelo, Andrs. 2003. El cambio como drama social. Universidad Nacional deMisiones. Informal Workshop on APELL for Mining. Apell Awareness and preparednessfor emergencias at local level United Nations Environment Programme (UNEP). 14 May.Geneve. Switzerland


19/19


Minera Alumbrera. 2005. Informe de sostenibilidad

Pardo, Javier Rodrguez. 2007. Malintencionado Informe de Barrick del proyectoFamatina. Movimiento Antinuclear del Chubut (MACH) - Sistemas Ecolgicos Patagnicos(SEPA) - RENACE (Red Nacional de Accin Ecologista). Asamblea CoordinadoraPatagnica Por la Vida Contra la Contaminacin y el Saqueo.

Partidario, Mara del Rosario. 2004. Strategic Environmental Assessment (SEA) currentpractices, futures demands, and capacity-building needs. Course Manual. InternationalAssociation for Impact Assessment. IAIA Training Courses. Lisbon.

Power, T. M. 2002. Excavando hacia el desarrollo? Una visin histrica de la minera y eldesarrollo econmico. Oxfam Amrica.

RENACE. Red Nacional de Accin Ecologista. www.renace.net

Sadler, B. and Verheem R. 1996. Strategic Environmental Assessment: Status, Challengesand Future Directions, Netherlands Ministry of Housing, Spatial Planning and theEnvironmental publications n53. The Hague.

Sbattella, Jos. 2005. Distribucin de la renta petrolera y minera entre el Estado y lasempresas. UNCTAD. Divisin de Naciones Unidas para el Comercio y el Desarrollo.Instituto de Estudios Fiscales y Econmicos. www.iefe.org.ar

Scaletta Claudio. 2006. Oro para hoygua de Bajo la Alumbrera. El detalle Ambiental.Suplemento Cash. 22 de Octubre. www.pagina12.com.ar

SEA. 2005. Strategic Environmental Assessment at the policy level: recent progress.Current status and futures prospects. IAIA Global Conference of SEA. 25-29 September.Praghe.

Toller, Vernica. 2007. Interview to Erkki Varis CEO Botnia. Diario Clarn. 04/21/07www.clarin.com.ar

Some other web-pages consulted (2006-2007):www.alumbrera.com.ar;www.argenpress.com.ar ;www.belenresiste.blogspot.comwww.dsostenible.com.ar ;www.ecoportal.com.ar www.enre.gov.arwww.ina.gov.ar INA. National Institute of Waterwww.indec.gov.ar INDEC. National Institute of Statistics and Censuseswww.mineriacatamarca.gov.ar ; Provincial Mining Secretarywww.mineria.gov.ar ; National Mining Secretarywww.noalamina.com.ar ;

the eia as a tool of local development

Documents