The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

The EIA as a tool of local development

PIRILLO, Ernesto Centre for Environmental Studies Department of Economy, Organization and Legal Engineering Faculty University of Buenos Aires Las Heras 2214 1st floor, Buenos Aires, Argentina. 54 11 4514 3012 ernestopirillo@yahoo.com.ar

ABSTRACT The EIA is an administrative process that must support technical studies and stages of participation of the involved communities. The sooner the EIA is realized, in time and form, the easier will be the adequacy of the analyzed projects, being constituted, thereby, in the most effective environmental management tool. The goals of the Sustainable Development are not compatible with the current model of consumption creating serious problems with the conservation of our natural resources, putting in danger the social and economic sustainability of many communities of our region and accelerating latent conflicts, like nowadays in Gualeguaych, with the pulp mills, and in the close localities to the mining developments in the Andes, both showed here. Our local communities are demonstrating towards the creation of a proper model, taking into accounts the protection of our identity, our needs, our wide natural spaces, etc. The possibility of harmonizing economic growth for the population in general with renewability of resources is a necessary goal of this development, and one that implies political, economic, industrial and social changes. The urgent implementation of SEA is necessary to manage our natural resources. KEY WORDS EIA, SEA, conflicts, sustainable development. INTRODUCTION In the Argentina the environmental treatment includes all types of jurisdictions with laws, decrees, resolutions, etc. with the corresponding dispersion of norms, due to which also there is a great variety as far as the degree of indispensable details, to the technical requirements, the depth of the information, the procedures, etc. depending on the activity and the productive sector to evaluate or the involved jurisdiction. In the EIA the preventive character stands out, before the adoption of decisions that affect to the community and their surroundings and it would have to be understood like the essence of the administrative process that include it and not vice versa. Nevertheless, the fundamental roll of the EIA is not fulfilled in most of the cases and, instead of playing a protagonist role within the paradigm of the Sustainable Development, it is transformed so only into an administrative proceeding that there is to fulfill when the decisions already were taken. The public participation, is an indispensable condition that is in the same essence of the EIA proceeding. The affected communities would have to be consulted previously and to be considered in the totality of the process of evaluation of the technical information and during the development of the projects. The accomplishment of the Environmental Impact Assessment (EIA) in time and form, including ecologic, social and economic evaluations, could be transformed into the most effective tool of environmental management, contributing in that way to the design of a model of development of our communities, in where the analysis of the possible and permissible environmental impacts of the projects was the point of contact of that development.
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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

MATERIALS AND METHODS It is presented, on the one hand, an open sky metal mining development (open pit of 2km of diameter 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 complete process, from the extraction to the export of the mineral concentrated, crosses by four provinces, and by the other, the pulp mills (estimative production of a million tons / year of paste), in a shore zone on the Uruguay river with a strengthened tendency as far as the tourist development 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 to the 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 of Catamarca, the National University of Tucumn and the National State. YMAD has constituted a 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 has 50% of the investment, whereas the rest has the Canadian companies Goldcorp (36,5%) and Northern Orion Resources (12,5%). (Minera Alumbrera, 2005)

UTE Transitory Union of Companies

YMAD Yacimientos Mineros Aguas de Dionisio

Minera Alumbrera

Province of Catamarca National University of Tucumn Nacional State Xstrata (50%) Goldcorp (36,5%) Northern Orion Resources (12,5%)

In the following picture some data of the mining project can be observed.
CONCEPT Cooper /year Gold /year Years Total production Cu considered Total production Au considered Crushed rock / day Material with Cu y Au to the process Concentrate exported Final cost AMOUNT 180.000 640.000 20 3.600.000 12.000.000 340.000 105.000 700.000 1.200.000.000 UNITY tons ounces troy years tons ounces troy tons tons / day tons / year U$S

The annual production would be of around 700,000 tons of concentrated which they contain approximately 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 finally they are deposited. This dock has a surface of 30 hectares and 150 meters of depth with

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

incomplete waterproofing, acting the land as filter leaving to pass the water again, those that recover 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 and gold (principally) are obtained to be processed by the concentrator. The rest is deposited on the ground. After the chemical process, concentrating in pulp form is obtained with a content of 63% of solids that is transported by pipeline of 312 km in length until Cruz del Norte, province of Tucumn, where dehydrates it and is sent in own trains until the Alumbrera Port in San Lorenzo, near Rosary in province of Santa Fe. (Figure 2).

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Figure 2: in the scheme is observed the route that the mineral makes from its extraction in the province of Catamarca to its boarding in 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
National Constitution1

SOME CHARACTERISTICS
Art. 124: ....correspond to the Provinces the original dominion of the existing natural resources in its territory, between which are the mining resources. Art. 75, inc. 17: .... to assure its participation (the indigenous towns) in the management of the natural resources and to the other interests that affect them Art. 9: The State cannot work or develop mines, but in the cases expressed in the present law. Art. 18. The mines are granted to the individuals for limitless time Minimum requirements of environmental protection for the mining operation incorporated like complementary title to the Code of Mining, in the section second. Art. 246 - 268. Section Second. Of the environmental protection for the mining activity Art. 250. The authorities that the provinces determine in the scope of their jurisdiction will be Authority of Application (AA) for hereby arranged the section Art. 252. The AA will evaluate the EAR and it will be pronounced by the approval by means of a declaration of EI for each one of the stages of the project or of implementation Art. 268. The AA will be forced to provide information to that will ask for respect to the application of the dispositions of the present section. 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 Regime of free access to the national public information The Province of Catamarca does not have On indigenous and Tribal towns (ratified by the National Congress) that consecrates the Self-determination of the Original Towns on its Territories and their Development.

Mining Code of Argentina Repubblic2

Law 24.5853

Law of Mining Investments and related others Law 25.8314 EIA law Agreement169 OIT

1 2 3 4

Modification of 1994. Law 1919, modified by several laws. Cdigo de Minera de la Repblica Argentina. 2005. Con legislacin complementaria. Editor La Ley. 11/24/95
01/06/04

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Physical resources The area where it is located the mine is in the province of Catamarca, the Argentine northwest and mainly includes the departments of Andalgal, Santa Maria and Beln. It excels in the area the Campo del Arenal or the Pozuelos, located in the central sector of the zone of the project, 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 operation area it corresponds to the regions named Monte de Sierra y Bolsones, Yungas y Puna y Altos Andes According to the classification of Kppen, the climate of the region is of type BWK. Dry, fresh and desert climate subtropical The underground hydric resources (main source of supply of the project) correspond to the water bearing Campo del Arenal whose water is calcic bicarbonated, apt for all use and human consumption. The INA (National Institute of Water) shows that water-bearing of the Campo del Arenal would have a charge of 1.1 m3/h. Would be possible to extract a maximum volume of the order of the 1.600 m3/h. (0.44 m3/sec) if the water-bearing thickness of the existing one in more is confirmed 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 arrive at 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), high total 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 comparable with 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 Santa Maria 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 VOLUMES MINIMUM ANNUAL AVERAGE Nov/Dic 59

Pie de Mdano 1970/1985 Fambalasto 1957/1959 RIO AMPAJANGO Desarenador Vertedero Cipolleti 1955/59 RIO ANDALGALA Andalgal 192/1961 RIO BELEN Playa Larga Ref.: Agua y Energa Elctrica Sociedad del Estado. RIO SANTA MARIA

8,69 8,50 0,57 0,96 1,50 6,72

0,48 0,38 0,16 0,08 0,58 0,83

2,46 4,60 0,34 0,34 0,86 2,28

2,31 0,18

In the following graph a humidity deficit can be seen throughout that the evapotranspirationETP (method of Thornthwaite-1948) in every month is greater to the precipitation, registering a deficit of humidity during the year.

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Precipitations and Evapotranspiration (ETP) Andalgal - Catamarca

160 140 120 100

mm

80 60 40 20 0 J F M A M J J A S O N D

Mounths

ETP( Thornthwaite, mm)

Precipitation (mm)

J ETP( Thornthwaite, mm) Precipitation (mm) 141 75,5

F 112 64,8

M 97

A 59

M 34 8,4

J 17 4,4

J 18 5,4

A 30 5,2

S 54 4,8

O 85 13,7

N 112 18,7

D 142 35,3

ANNUAL 902 297,5

45,7 15,8

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 the Pymes (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 foods and 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 the Mining Activity", in the Province of Catamarca, is the Secretary of State of Mining. The Provincial Unit of Environmental Management (UGAP), technical department dependent of the Secretariat of State of Mining (SEM), is in charge to offer to technical support and advising, to the 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 mining right present in the Desk of Entrances and Exits of the Secretariat of State of Mining a Report of Environmental Impacts (IIA), in order to obtain the authorization to initiate the activities according to terms of reference fixed to the national law 24.585 (Annexed I, II and III for the stages 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 Resolutions DIA (Declaration of Environmental Impacts) there is neither DIA nor number of resolution referred to the mining projects and they do not response the orders neither by phone nor mail and email.

5 The Law 24.585, as a national law of environmental protection for the mining activity, does not establish terms of reference for individual projects, but that establishes 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.

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Economic frame "Like result of the low costs of operation and development of Bajo La Alumbrera, Northern Orion hopes to benefit from its cash flow during next ten years that next to a positive revaluation 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 25 years." (El Ingeniero Andino. 2003) Alumbrera would have export, approximately, 1.180 millions dollars in 2005 and 1.350 millions during 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, concludes that whereas in the oil sector the State took control - via royalties, retentions, gains and other taxes of the 31 percent of the rent generated in 2004, in the mining sector descends from remarkable way, that is, that the mining investment is promoted more than the oil one. (Sbatella, 2005)
SECTOR DISTRIBUTION OF THE RENT (6) State 31% retentions, gains, royalties and other taxes 1999 - 2003 2004 Cooper Gold 2% 4,8 % 15.7 % 16.3 %

Oil

Miner

In both cases, cooper and gold, the participation of the State improved substantially in the 2004 due fundamentally to the Alumbrera mine, after completing the amortization of its investment, began to pay the gains taxes and royalties. The national State would receive about 30 millions dollars and the royalties to the province of Catamarca would be 12 millions dollars per year average. Although the growth of the last year is caused, mainly, by the increase of the international prices of metals, a legislation of strong promotion of the investment and with a sum of exemptions and benefits played the preponderant roll in the expansion of the sector. After 2002, 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 points below 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 the Mining 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 other present metals in the mixture, beside to gold and cooper, as in this case.

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

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Environmental impacts 7
CATEGORY
Water

FACTOR

COMMENTS

Lowering of ground water level for Santa Maria would be receiving a 40% less water mining purposes In the Vis-Vis River (Dto Andalgal): concentration of sulphates doubles of the normal from the Sulphates 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 - AsPb - Hg - Zn - Co - Mo - Cu - Ag - Ni and Mn, among others Fundamentally to the crushing of 340,000 Tn rock/day with explosives Use of great explosive amounts for the crushing of the rock Great explosive amounts From the chemical process Due to the liquid and gaseous emissions, location project, water level. Programs protection and follow-up are not known. Programs protection and follow-up are not known. Alteration of the birds hbitat due to the water mirror of the dock of tails. Due to the presence of pit, dock of tails, explosions, establishments open, etc. Rock Acid Drainage (RAD) RAD Changes in natural landscape by the open-pit,

Air

Particles in suspension Vibrations Noise hydrogen cyanide Oxides of sulphur (SOx) Changes of natural vegetations, biodiversity, etc. Disturbance of plant habitats

Flora

Fauna

Disturbance of wildlife habitats Migratory changes

Soil

Soil contamination Soil acidification Erosion Changes in moisture content Wastes

Lanscape

Surface requirements - open pit

Open-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. The respiratory problems of the inhabitants of Andalgal would have increased to 700% (local Hospital). Epidemmiologic studies are not known, for example, due to the contact with the air and consumption of water with high contents of sulfides, cyanides, etc. Explosions - Traffic heavy vehicles Rock Acid Drenaige (RAD) - Filtrations of dock of tails - Concentrate pipeline breakage with spills in the river-bed Dock of tails by earthquakes - Station Pumping Faults - Concentrate pipeline breakage Breakage and fissures in houses by vibrations by transit of heavy vehicles Accidents trucks treansporting chemical substances - Transport over more than 500 km. by train Police repression in manifestations in Andalgal Immigration of foreign people to the traditional social context - antagonistic sides form - social desintegration - eradication Incorporation of a powerful member in the social context

Human health

Respiratory problems Other pathologies

Safety - Risks

People Natural environment Infraestructure

Transport Socio-economic Human Rights rispect Change of life style

Access to the environmental information Participation in the different stages from the project Employment opportunities Employment conditions Infraestructure Electrical consumption Extraction of Natural Resource

Res.N 146/05 denies information in environmental matter - the studies in the web page are not loaded None - mechanisms of communitarian participation do not exist. The direct employment would be of 900 people/ao (2000-02) with labor days of 12 hours Labor days 12 hs during 7 days. After, 7 days frank - heavy work - precarious conditions 14 km asphalted route - electrical line 220Kw of 202 km in length - laying optical fiber Andalgal Aconquija Greater individual electrical consumer of Argentina. 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. The rights of the indigenous towns nor of the preexisting local communities are not respected. They do not have participation in the decision making Part of the electroduct pass through the "Camino del Inca", Taf del Valle, Tucumn.

Cultural heritage

Original people Protected zones

From several sources

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

With respect the infrastructure the works have been made but were detected faults in the allocation of the benefits that create positive externalities such as the laying of the electrical line and its connection to the settlers of Santa Maria. An increase of the well-being of the inhabitants of the place is not verified, neither in which it refers about to the quality nor the diminution of the tariff of the service of distribution of electrical energy, except for some exceptions "(Jordan et al, 2004) Governor of Catamarca Eduardo Brizuela of the Moral: "Catamarca really had a great hope in these mining operations, these have not occurred in the form and the time that we had thought it because the contract with the mining companies was bad" Secretary of Mining of the province of Catamarca Engineer Sinner: "soon of the closing of mine, the companies must remain to 10 years more in the country cleaning the toxic remainders of the "dock of tail", because when is let make the pumping back, it is to say the filtration 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 of the environment locally, and to regulate or restrict activities, even when they are permitted under national laws. Judicial processes: in course by supposed contamination of waters, air and grounds due to the activity 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 del Estero). (Diario El Ancasti. 2004) Suspected local governments: in the neighboring province of La Rioja, the destitution of the Governor (ex- Secretary Mining of the Nation when law 24.196 was sanctioned) in relation to the mining project of the Famatina took place, when the provincial legislature sanctioned the law that prohibits the mining to sky opened with cyanide use (8-03-07). In the last days the mining Barrick Gold communicated the provincial government of La Rioja that will leave the works of exploration in the Famatina hill. (Diario Clarn, 2007; Pardo, 2007) Community of Esquel (province of Chubut) versus Meridian Gold: after a popular consultation the 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 country concentrated themselves in Plaza de Mayo to demand the stop of the sacking (saqueo) of the natural resources and of contamination. They were present citizen assemblies, social organizations 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 140 Assemblies of all the Country joined. In next picture some of the main assemblies are enumerated. (RENACE, 2007).

The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

SOME OF THE ASSEMBLEIS (with their original names)

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 Juan Grupo 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)

WEEK-END 27-29 April 2007

San Rafael - Mendoza Union of Citizen Assemblies of Argentina manifestation against the mining contamination (more than 140 represented Assemblies of all the Country)

Pachamama - Mother Earth

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

CASE II: Pulp mills In the neighboring Oriental Republic of Uruguay (R.O.U.), the establishment of forest plantations began to subsidize itself on the part of the State about 20 years ago, of way to go gradually transforming to the Country into a great wood producer for the cellulose paste production. This did that it went modifying the distribution of the farming producers and the production systems happening, in some zones, of an agricultural and cattle-raising system to one agricultural forest industrialist of monoculture. Within the frame in bilateral agreements, the Finnish company Botnia presented the project for the installation of a pulp mill in Fray Bentos (R.O.U.) (10/30/03). Also, the Spanish company ENCE had made it previously (05/05/03). (DINAMA,2006). In the map of figure 3 the location of 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:

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

CONCEPT
Industrial process Water Consumption Residual water to treatment Wood Consumption Fibers Air Dried Pulp (hour) Air Dried Pulp (year) Humid Solid Remainders Chemicals Employment Really generated Gases Chimney - height Chimney - diameter exit Ascending speed of exit Temperature of exit Volume SO2 (Sulfur dioxide) NOx (Nitrogen oxides) PM (Particles) TRS (Reduced Sulfur Total)
Ref. EIS of Botnia

UNITY
KRAFT with ECF 86.000 73.000 tons tons

10.000 3.175 119 1.000.000 49.500 150.000 300 120 4 20 160 5.795 196 164 79 5,50

tons tons AD/day Tons AD/h tons AD/year tons humid/year tons /year people m m m/sec. C m3/Adt Kg/h Kg/h Kg/h Kg/h 1.658 1,4 0,66 0,1 Kg/ADTn Kg/ADTn Kg/ADTn Kg/ADTn

The EIA requirement is demanded by the law of Environmental Impact of the Oriental Republic of Uruguay (Law 16.466 of the 01/09/94) and by established in the Digest on the use and the advantage of the river of the Administrator Commission of the Uruguay River (CARU) on conformity to the Statute of the same river and on the part of several regional NGOs, public organizations, local producers and citizenship in general that want to be considered in the decisions 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 countries It was not fulfilled the first point. (Bullrich, 2007) Example 2) The president of Uruguay promises to the president of Argentina not to make decisions 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 little reliable technical data Example 1) when the Previous Environmental Authorization is granted, the DINAMA (Environmental National Direction) suggests more than 30 additional conditions to the actions already 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.
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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

Will have to present, before the beginning of the phase of construction, an Environmental Management 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 having at 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 its definition like project, which does not allow a correct evaluation of the impacts. The presented analysis, in the complementary information, has not considered aspects already communicated in the impact study, among them the referred ones to the biological importance of the site, which considers an important omission in the evaluation. The location of the port as well incorporates a disturbance in the component hydrodynamics of the coast, which has not been considered, neither in the models used for the unloading of effluents, nor in the analysis of impacts. (DINAMA, 2004) Example 3) "in documents presented by Botnia during the process of evaluation of impacts were identified emptiness of information, contradictions (even within the same document) and answers dispersed and little satisfactory. The received information was characterized, in addition, 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 was not to make public forums in Gualeguaych. Later, no longer we have been welcome. But we are 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 of two 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 both countries had decided to form was working (Diario Clarn 2006)

Figure 4: summary of some causes of the conflict

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

FOREST DEVELOPMENT AGREEMENT INSTALATION PULP MILLS E.I.A. Promises unfulfilled REQUERIMENTS EIA law (R.O.Uruguay) Digest of the use of the River (CARU) Statute of the Uruguay River Regional NGOs, citizenship, local producers, etc. Presentation of vague and little reliable technical data Little satisfactory environmental impact studies Not treated like an border project Absence of previous communitarian stages 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 River manifestation against pulp mills (photos NA) (more than 150.000 people)

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

CONCLUSIONS The accomplishment of the Environmental Impact Assessment (EIA) in time and form, could be transformed into the most effective tool of environmental management, contributing in that way to the design of a model of development of our communities, in where the analysis of the possible and permissible environmental impacts of the projects was the point of contact of that development. In a region highly delayed from the economic point of view, like in "Bajo La Alumbrera", in the province of Catamarca (Argentine Republic) the abundant negative and irreversible impacts of the metal mining activity (on water, air, ground, landscape, agriculture, community, etc.) they would be sly and "balanced" in the short term with some positive impacts from the income by royalties, employment generation and by some infrastructure works. Nevertheless, protected by appropriate laws, in one more large and long term vision, the unsustainability of the activity is 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 World Bank concludes that it will have to support only those projects that obtain an ample consensus of the affected local communities, the transparency of income, social and environmental valuations, etc. (Banco Mundial.2004)). In the other case, the inclusion of one (or several) pulp mills of great magnitude on the coasts of the Uruguay river, in border areas and near centers populated with great tourist development, little intervened on great scale spaces, etc. followed of a badly begin and a worse later handling of the responsibilities and the information have contributed effectively to the 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 the social groups directly affected (Mastrngelo, 2003), to value the perception that they have of the 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 of transference 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 through specific policies for the rearmed the productive tissue of each region. The metal mining by itself does not encourage an economic development (Power,2002), all the opposite, like the pulp mills at great scale. The global model of consumption that is to the base of these classes of industries is not compatible with the model of use of the natural resources of most of the communities of our region. The possibility of harmonizing economic growth for the population in general with renewability of 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 for improvements to meet the challenge of providing decent livelihoods for all without wrecking the planet(Gibson,2006) The EIA, once established their procedures, will have to extend to those real plans and programs of development with the objective to determine for the different environments which projects can be made and which no, thinking to the territory from the environmental point of view and no politician nor administrative. Structural changes in the institutions and the organizational levels of the local, regional and national administrations must prevail. Due to the great disparity of norms, criteria of application, conformation of the environmental units of management in each jurisdiction, conflicts between national and provincial norms, etc. are indispensable, the institutional fortification of the environmental authorities. (Figure 5)

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

For the case of zones border (5 countries and 9.400 km long), approach will have to be basically the same, only the administrative limits will be respect at first but tending to a global approach, that although will consider those limits, it will try them to avoid with the best strategies of mutual collaboration. The key question is not to make distinction in the processes of decision between the affected areas, both sides of the borders, having to compromise 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 foreign offices like vehicles and not like protagonist and, it is of vital importance the previous exchange of information and the participation of the communities in all the process, but fundamentally in the early stages. (Albergaria and Fidelis. 2005)). The social and economic impacts, jointly with the biological processes do not know of politicaladministrative limits. The neighboring countries will have to be interpreted in terms of ecological regions. It is a change in the way of thinking and planning. They require, on the one hand, the preparation of the most detailed environmental data bases and, by the other, of an environmental planning of the space. Extreme cases as presented here, are samples representative of the great diversity of other activities also in conflict, fundamentally by an inadequate implementation and/or treatment of the EIA in time and form, like, for example, the disordered urban growth and the treatment and final disposition of wastes, the deforestation of the native forests, the contamination of underground 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 environmental regions should be studied. The same ones would have to have and to follow regulations of national character for the approval or rejection of projects, about the participation and citizen consults during the totality of the administrative process, etc. (Directiva 2003). The possibility of harmonizing economic growth for the population in general with renewability of resources is a necessary goal of this development, and one that implies political, economic, industrial and social changes. The urgent implementation of SEA Strategic Environmental Assessment (Sadler and Verheem, 1996; SEA, 2005) is necessary to manage our natural resources. The EIA thus conceived could be the point of contact between natural, economic and social sciences 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.

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

INSTITUTIONAL STRENGTHENING

REGION ENVIRONMENTAL FEASIBILITY

Ecological - Economic Social

PROJECTS ENVIRONMENTAL FEASIBILITY E. I. A.

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 AFFECTED COMMUNITIES etc. ZONE BORDER: Global approach with the best strategies of mutual collaboration

REGULATIONS
APPROVAL AND REJECTION OF PROJECTS CITIZENSHIP PARTICIPATION IN ALL THE PROCESS FOLLOW-UP OF THE PROJECT IN ALL ITS PHASES

STRATEGIC ENVIRONMENTAL ASSESSMENT - SEA Figure 5: Scheme that shows the necessary institutional fortification of the environmental authorities in order to the application a Strategic Environmental Assessment (SEA) system.

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The EIA as a Tool of Local Development 27 th Annual Conference of IAIA07 3-9 June 2007 - Seoul Republic of Korea

REFERENCES Albergaria, R. and T. Fidelis. 2005. Transboundary Impact Assessment. Iberian experiences. 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 more than 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 la Argentina. Administracin de Parques Nacionales y Secretara de Recursos Naturales y Desarrollo 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. Planta Productora de Pasta Celulsica. Informe Final Curso de EIA. Dto. Economa, Organizacin y Legal. FI-UBA. (con ms de 50 referencias consultadas). Diario Clarn. 2006. www.clarin.com.ar Declaraciones del Canciller uruguayo Gargano. 08/25/06

Diario Clarn. 2007. La Rioja: se ira la minera Barrica Gold. La empresa canadiense abandona 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. 20042006. www.dinama.gub.uy . Oct. 2004 Feb 2005. Directiva 2003/4/CE del Parlamento Europeo y del Consejo. Relativa al acceso del pblico a la informacin medioambiental. January 28. El Ingeniero Andino. 2003. Wheaton se asocia con Northern Orion y disminuye su riesgo en Alumbrera. Vol X N 594 61-63. 16 April. Espoo Convention. 1991. Convenio sobre la Evaluacin del Impacto Ambiental en un Contexto 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 de Misiones. Informal Workshop on APELL for Mining. Apell Awareness and preparedness for emergencias at local level United Nations Environment Programme (UNEP). 14 May. Geneve. Switzerland

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Minera Alumbrera. 2005. Informe de sostenibilidad Pardo, Javier Rodrguez. 2007. Malintencionado Informe de Barrick del proyecto Famatina. Movimiento Antinuclear del Chubut (MACH) - Sistemas Ecolgicos Patagnicos (SEPA) - RENACE (Red Nacional de Accin Ecologista). Asamblea Coordinadora Patagnica Por la Vida Contra la Contaminacin y el Saqueo. Partidario, Mara del Rosario. 2004. Strategic Environmental Assessment (SEA) current practices, futures demands, and capacity-building needs. Course Manual. International Association for Impact Assessment. IAIA Training Courses. Lisbon. Power, T. M. 2002. Excavando hacia el desarrollo? Una visin histrica de la minera y el desarrollo econmico. Oxfam Amrica. RENACE. Red Nacional de Accin Ecologista. www.renace.net Sadler, B. and Verheem R. 1996. Strategic Environmental Assessment: Status, Challenges and Future Directions, Netherlands Ministry of Housing, Spatial Planning and the Environmental publications n53. The Hague. Sbattella, Jos. 2005. Distribucin de la renta petrolera y minera entre el Estado y las empresas. 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. 04/21/07 www.clarin.com.ar Some other web-pages consulted (2006-2007): www.alumbrera.com.ar; www.argenpress.com.ar; www.belenresiste.blogspot.com www.dsostenible.com.ar; www.ecoportal.com.ar www.enre.gov.ar www.ina.gov.ar INA. National Institute of Water www.indec.gov.ar INDEC. National Institute of Statistics and Censuses www.mineriacatamarca.gov.ar; Provincial Mining Secretary www.mineria.gov.ar; National Mining Secretary www.noalamina.com.ar;

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