Mine Operator Liability for the Spill of an Independent Contractor in Peru

Abstract

AbstractIn the mining and energy industries, toxic chemical spills have occurred while transporting hazardous chemicals such as cyanide and mercury to mines in several countries including Kyrgyzstan, Papua New Guinea, Peru, Australia, Taiwan and the United StatesJ Typically, a mine operator will retain an independent contractor to minimise the liability for chemical spills and to disassociate itself from controversial spills.2 This article analyses the administrative, criminal and civil liability of a gold mine operator in Peru, for the mercury spill of an independent trucking company, and provides some recommendations on how best to manage a difficult situation.