Overview of Independent Oversight Agencies The Independent Environmental Monitoring Agency

1. Overview of Independent Oversight Agencies The Independent Environmental Monitoring Agency Bill Ross University of Calgary, Canada Chair, Independent Environmental Monitoring Agency IAIA’07 Seoul, Korea 2007-06-07

2. The Independent Environmental Monitoring Agency Presentation Outline • Ekati™ Mine project description • Independent Environmental Monitoring Agency - www.monitoringagency.net • Agency Responsibilities and Activities • Lessons • Questions

3. Ekati Mine • Diamond mine (Canada’s first) • Gem quality diamonds • Northwest Territories • Arctic barrens, 300 km NE of Yellowknife • Construction from 1996 • Operation from October, 1998 • Surface and underground mining of kimberlite pipes (usually under lakes) • Processing plant on site

5. Panda Pit Ekati

6. Long Lake Containment Facility (Tailings Pond) Ekati Photo EBA Engineering

7. Panda Waste Rock Pile

8. Misery Waste Rock Pile

9. Ekati Roads Caribou friendly roadside Standard roadside

10. EIA Review for Ekati Mine • Full panel review 1994-1996 • 1997 project approval • Major affected Aboriginal Peoples • Kitikmeot Inuit Association (Kugluktuk) • Dogrib Treaty 11 Council (Rae, Gameti, Whati, Wekweti) • Akaitcho Treaty 8 (Lutsel K’e and Yellowknives Dene First Nation) • North Slave Metis Alliance (Yellowknife and Rae) • Approval subject to Environmental Agreement • BHPB (proponent), GNWT, Canada • Based on adaptive environmental management

11. Independent Environmental Monitoring Agency • Public watchdog for environmental management at the Ekati mine – watchdogs have sharp teeth and smile • Seven society members: BHPB, GNWT, Canada, and four Aboriginal governments • Seven board members appointed by seven members • No “representation” - all board members have the same common mandate • Budget about Can $570,000/year provided by Mine operator - some funds came from governments for startup

12. Independent Environmental Monitoring Agency • In order to meet its mandate the Agency: • Monitors and reviews environmental management plans and reports by BHPB and government agencies • Analyses issues to promote the identification, evaluation and management of environmental impacts • Reviews the activities of regulatory agencies and their interactions with BHPB • Monitors the progress of traditional knowledge studies funded by BHPB and conducted by Aboriginal organisations • Facilitates interaction between BHPB and Aboriginal organisations to integrate traditional knowledge into BHPB’s management plan

13. Independent Environmental Monitoring Agency • In order to meet its mandate the Agency: • Participates in technical workshops involving environmental management at the Ekati mine • Meets and corresponds regularly with BHPB and regulators about environmental issues at Ekati • Reviews and comments on regulatory approvals sought by BHPB that relate to environmental matters • Reports to aboriginal organisations and the public

14. Independent Environmental Monitoring Agency • In order to meet its mandate the Agency: • Maintains a publicly accessible library of all materials regarding environmental management of the Ekati mine • Provides a web site, a brochure and annual reports • Holds an annual general meeting for members of the Monitoring Agency

15. Independent Environmental Monitoring Agency • In short, the Agency: • Works with BHP Billiton and the two governments to promote good environmental management at Ekati • Works with BHPB offering ideas for effective environmental management • Provides an extra set of eyes and ears for governments and regulators (smart regulation) • Works with the affected Aboriginal peoples to see that their interests are conveyed to BHP Billiton and to the two governments and that reliable information about the Ekati Mine is conveyed to the Aboriginal peoples

16. Independent Environmental Monitoring Agency • The Agency has: • Worked with BHP Billiton and the many other parties to improve monitoring programs • Through review of monitoring results, helped contribute to avoiding environmental problems • Focused on the promotion of design and operation for closure • Helped develop capacity in the communities • Promoted the effective use of Traditional Knowledge for better environmental management

17. Effective Environmental Management at Ekati • "BHPB and the regulators continue to work together in a manner that is both protective of the environment and responsive to the Agency and other community members.  We are particularly pleased to see the adaptive management practices used by BHPB in response to results from its monitoring programs."(Agency annual report, 2003)

18. Strengths of Monitoring Agency • “Overall independent oversight”; “keeps us (government) on our toes”; indepen“really valuable” • Comments provided on closure plan most valuable

19. Improvements Suggested for Monitoring Agency • “Relationship with the proponent (BHP Billiton) is the challenge” • Be constructively positive • Work with BHP Billiton – keep talking to the company • Cooperation

20. Views of Aboriginal Society Members Watchdog role a success “KIA appreciates the work of the agency as it is not always able to  stay on top of developments at Ekati given the other mineral  development in the Kitikmeot region.  In particular, he mentioned that  KIA was reassured by the Agency's observations that environmental  performance at the Mine was good.” Geoff Clarke, KIA, 2006 Agency AGM) Lutsel’ke “thanked the agency for its assistance throughout the past year.   Especially helpful was the Agency technical review related to the  Ekati water licence renewal.  She  viewed the Agency annual report to be excellent and appreciated in  the communities.” Monica Kreiger, Lutsel K’e (2004 Agency AGM)

21. Views of Aboriginal Society Members Watchdog role a success “I appreciate what you guys (Directors of the Agency) have done over the past few years and I wanted to give you a pat on the back to say good work and I want you to keep it up.”Joe Rabesca (Grand Chief Dogrib Treaty 11)

22. Independent Environmental Monitoring Agency • Kennett, S. 2001. Project-Specific Agreements in the NWT: Review of Issues and Options. Canadian Institute of Resources Law. Prepared for Environment and Conservation, DIAND, NWT. • Macleod Institute. 2000. Independent Environmental Monitoring Agency Evaluation Report. • O’Faircheallaigh, C. 2006. Environmental Agreements in Canada: Aboriginal Participation, EIA Follow-up and Environmental Management of Major Projects. Canadian Institute of Environmental Law. • O’Reilly, K. 1998. The BHP Independent Environmental Monitoring Agency as a Management Tool. Prepared for the Labrador Inuit Association for the Voisey’s Bay Environmental Assessment Panel. • Ross, William A. 2004. “The Independent Environmental Monitoring Agency: A Canadian Experiment in Follow Up”, in Angus Morrison-Saunders and Jos Arts (eds) Assessing Impact: Handbook of EIA and SEA Follow-up, Earthscan, London.