Yellowknife (Dec 03/03) - A government agency faces its first major test on a mine closure after hearing that Miramar has disregarded its request to not flood Con Mine.

Mackenzie Valley Land and Water Board executive director Bob Wooley said Miramar shut off the mine's pumps immediately following the closure of underground operations Friday. The hoist on Robertson Shaft, he also learned, has been decommissioned, making it virtually impossible for mine inspectors to venture underground.

The board was created by the federal government under the Mackenzie Valley Resource Management Act in 2000 as the main body for regulating water use in the region. It is also responsible for approving abandonment and reclamation (A&R) plans once a mine closes.

Miramar's underground closure plan has yet to be approved.

Chair Melody McLeod wrote a letter to Con Mine general manager John Stard Nov. 17 advising Miramar not to proceed with underground closure plans. The board has yet to receive a response.

When asked whether the board had any power to halt a mine from proceeding with its closure plans without approval, Wooley said he wasn't sure.

"I'm not sure what kind of teeth we got," said Wooley.

"If the board wants, we can talk to our legal counsel and see if there are any avenues we can pursue but I'm not aware of any at the present."

Nonetheless, Wooley warned that Miramar is taking a "calculated risk" by ignoring the board.

"They're going to have trouble providing us with information (from underground workings)," he said.

While Wooley said it was unlikely the mine would be forced to re-open its underground works, the board could request that the Department of Indian Affairs and Northern Development (DIAND) to step in.

"DIAND is the enforcement agency with respects to the (water) licence," said Wooley.

"We could ask them if they feel what they're doing is within the terms of their licence and they could take whatever action they may wish to do."

A team of DIAND mine inspectors did go underground at Con last week although spokesperson Ben Shott couldn't say what they were looking for. He confirmed, however, that DIAND knew that the mine was about to be flooded.

"They were underground inspections and they had to do with the plant flooding," said Shott.

As for dealing with future mine closures, Wooley hopes other operators will be more willing to comply.

"This is, hopefully, a unique situation," added Wooley. "That's why we'd like to get A&R plans a little bit earlier than in the last stages of the mine."

Stard could not be reached for comment.