1115 TOWARD A LEGAL GOVERNANCE OF POST-MINING TERRITORIES: A GLOBAL ANALYSIS FOR A SUSTAINABLE TRANSITION *María Rebeca Justiniani Romero1 1 Legal Advisor to CIEMAM. Lecturer at the Catholic University of San Pablo (Arequipa, Peru), (*Presenting author: mr.justiniani.romero369@gmail.com) ABSTRACT Mining activities generate lasting environmental, social, and territorial impacts that extend far beyond project operations. In this regard, although regulations on mine closure and mining environmental liabilities—two distinct regulatory frameworks in Peru—have recently been modified in areas related to risk control, financial guarantees, and the need for mine rehabilitation (at least in closure regulations), these regulatory frameworks continue to reflect a predominantly technical understanding of closure and postclosure in mining. This article aims to analyze the legal and institutional framework relating to the postmining phase, understanding it as a territorial transition that requires legal governance, rather than as the final stage of a mining project. It evaluates not only the current legislation and its gaps, but also the participation of communities in this transition process and the existence or absence of a legal model based on sustainability and shared responsibility. Based on a qualitative and comparative analysis of interdisciplinary literature and specific international experiences, the article identifies the main shortcomings of current approaches to post-mining governance, such as the absence of binding criteria for decisions on land use after mining, insufficient integration of community rights, weak coordination with land use planning instruments, and a short-term vision for long-term management. Although there are comparative studies that propose advanced tools for post-mining planning, regional assessments, especially in Peru, are carried out without an adequate legal and institutional framework to ensure legitimacy, accountability, and social equity. This article contributes by proposing a binding legal framework for governance in post-mining territories, redefining mine closure not as an end point, but as a territorial decision subject to regulation, planning, and long-term responsibility. KEYWORDS Post-mining – Mine closure – Environmental recovery – Land-use planning – Territorial governance – Community rights 1. CONTEXT AND SCOPE Mining leaves a lasting legacy that shapes landscapes, social relations, and economic trajectories long after extraction has ceased. In this regard, mine closure has traditionally been framed as a technical and environmental task aimed at stabilizing the terrain, preventing pollution, mitigating residual risks (Hendrychová, 2020; Kuzyk, 2025), and ultimately returning the impacted area to its original state. However, recent interdisciplinary studies highlight that, despite “traditional” criteria and legislation focused purely on technical and administrative aspects—as can be seen in the current regulations on mine closure and remediation of mining environmental liabilities in Peru—closure decisions should in fact be intrinsically territorial, given that they influence future land uses, governance agreements, and social justice outcomes (Measham et al., 2024; Cooper, 2024). As indicated, the research addresses a central issue by examining how post-mining territories are governed through the law. Rather than focusing solely on compliance with closure, it places post-mining within broader processes of territorial transition, justice, and sustainability. In this sense, the article responds to the urgent need to adopt approaches that go “beyond closure” (Measham et al., 2024), promoting a legal governance perspective that integrates environmental recovery, land use planning, and community rights.
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