193 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. Considering this, the overall objective of the research is to analyze the Peruvian legal and institutional framework applicable to land use after mining operations, to propose legal guidelines to guide territorial planning and the allocation of long-term socio-environmental responsibilities for rehabilitated mining areas. To this end, it is important to guide the research according to the following specific objectives: (i) examine current legislation and identify legal gaps related to the research topic; (ii) evaluate community participation and access mechanisms through a comparative analysis; and (iii) propose an integrative legal model based on sustainability and shared responsibility. The methodology adopted is qualitative, descriptive, and comparative. The study is based on a doctrinal and regulatory review of mining, environmental, and territorial law, complemented by an analysis of emblematic cases of post-mining transition—including the Ruhr basin in Germany and Las Médulas in Spain—which allow for the identification of patterns, gaps, and good practices in the governance of post-mining territories. On this basis, the article formulates public policy proposals aimed at strengthening integrated legal frameworks that articulate mine closure, post-mining land use, and territorial justice. 2. STATE-OF-THE-ART: POST-MINING TRANSITIONS AND THE LIMITS OF CURRENT APPROACHES 2.1 Analysis of current legislation on mine closure and mining environmental liabilities: legal gaps for the governance of post-mining territories The Peruvian legal framework governing mine closure and the remediation of mining environmental liabilities is structured around two regulatory systems: Law No. 28090 governing mine closure (hereinafter, LCM), and Law No. 28271, which regulates mining environmental liabilities (hereinafter LPAM), together with their regulations, Supreme Decree No. 033-2005EM and Supreme Decree No. 059-2005-EM, respectively. Although both regulatory
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