Roșia Montană Mining Landscape

• Mining activities
• Lack of planning controls / lack of management plan

● Potential resumption of large scale open-caste gold mining

● Potential, cumulative impact of small-scale mining

● Water pollution from old mines

Proposed and adopted by the World Heritage Committee in its Decision 45 COM 7A.56

Proposed for adoption in the draft Decision below

N/A

On 15 March 2024, the State Party submitted a state of conservation report, which is available at https://whc.unesco.org/en/list/1552/documents/. The report outlines the progress made in addressing previous Committee decisions and the implementation of the corrective measures necessary to achieve the Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR) adopted by the Committee in 2023, as follows:

• Achieving the conditions necessary to halt all mining permits within the property has moved a step closer. On 8 March 2024, the World Bank’s International Centre for Settlement of Investment Disputes dismissed a compensation claim brought by mining company Gabriel Resources against the Government of Romania on the grounds that the Government of Romania had violated the provisions of the agreements on the promotion and mutual guarantee of investments with the Governments of Canada and the United Kingdom of Great Britain and Northern Ireland in relation to mining rights. A challenge to annul the decision can be brought within a period of 120 days;
• Measures to introduce planning controls to regulate mining and other negative impacts on the Outstanding Universal Value (OUV) are progressing; a cooperation agreement has been signed between the Ministry for Development, Public Works and Administration, the Municipality of Roșia Montană, the Alba County Council and the National Institute of Heritage, defining their specific roles in the elaboration and implementation of the General Urban Plan (PUG). The deadline for its completion and approval remains 2026;
• The Management Committee became operational in October 2023;
• The revision of the Management Plan of the property by the National Institute of Heritage, with input from the Management Committee, is expected to be finalised towards the end of 2024; this will reassess the Roman archaeological sites and establish conservation priorities;
• Measures to address the discharge of polluted mine water are ongoing; a report on mitigation scenarios is expected later in 2024, and its outcomes will be reflected in the PUG, which is expected to be completed in 2026;
• A risk situation at the Tăul Mare header pond in October 2022 highlighted the urgent need for an inspection and maintenance plan, which will be developed as part of the management plan by 2027.

The State Party also provided an update on the conservation and access work related to the 18th and 19th century houses within the property, which contribute to the well-being of the local community and support the presentation and interpretation of the property.

The decision by the World Bank’s International Centre for Settlement of Investment Disputes on 8 March 2024 to dismiss Gabriel Resources’ arbitration claim paves the way for potentially significant progress in the implementation of corrective measures and is therefore to be welcomed. The dispute with the Government of Romania [regarding a mining project in Rosia Montana] dates back to 2019, before the property was inscribed on the World Heritage List [, and relates to the government’s decision in 2007 to annul Gabriel Resources’ mining permit]. As this arbitration claim was the main reason for the property’s inscription on the List of World Hertiage in Danger, if the claim had been successful, it would have opened up the possibility for mining to resume on the property.

It is understood that Gabriel Resources has the right to challenge the decision within 120 days from its announcement. As the State Party’s report was submitted almost immediately after the decision was issued, and thus before the 120-day period had expired, it offers no update on the timeframe for corrective measure 1, which relates to when the conditions necessary to halt the approval of all mining permits within the property will be in place.

It is encouraging that work on all other corrective measures is progressing in line with the approved timeframe. The activation of the Management Committee in 2023 (corrective measure 3) is to be welcomed, as is its input to the revision of the Management Plan (corrective measure 4), which is being led by the National Institute of Heritage. The Plan is expected to be completed by the end of 2024.

The proposed inclusion in the Management Plan of a reassessment of Roman archaeological sites to establish conservation priorities is also welcome. As identified in the Statement of OUV, these Roman sites, which encompass discrete sites, groups of sites and landscape features, are ‘prolific and pervasive’ across the landscape, forming ‘a socio‐technical mining landscape’ where ‘archaeological research will probably discover a large number of further surface and underground mining, ore processing and settlement sites of the Roman period’. A reassessment of these sites should provide a better understanding of their inter-relatedness and conservation requirements and form the basis for a wider interpretation of the property. It could also provide an opportunity to define an archaeological research strategy.

The operationalisation of the Management Committee has facilitated a cooperation agreement between the relevant stakeholders to define their specific roles in the elaboration and implementation of the PUG. Resources for the drafting of the PUG, including the necessary preliminary studies, have been secured by the Ministry for Development, Public Works and Administration and its completion is scheduled for 2026. The PUG is the key planning document required to prevent the approval of mining or any other activities that might impact negatively on the OUV (corrective measure 2).

Corrective measures 5 and 6 both relate to potential threats from polluted mine water, both underground and in header ponds. A report on mitigation scenarios for the former is expected later in 2024 and its recommendations will be reflected in the PUG, while work on the latter to develop an inspection and maintenance regime that can be incorporated into the Management Plan has not yet started but is programmed to be completed by 2027.