XML 46 R24.htm IDEA: XBRL DOCUMENT v3.23.1
Provisions
12 Months Ended
Dec. 31, 2022
Provisions  
Provisions

15.   Provisions

(a)

This caption is made up as follows:

As of

As of

Reclassifications

As of

January 1,

Accretion

December

Accretion

and

December 31,

    

2021

    

Changes

    

expense

    

Disbursements

    

31, 2021

    

Changes

    

expense

    

others

    

Disbursements

    

2022

US$(000)

US$(000)

 

US$(000)

US$(000)

US$(000)

US$(000)

 

US$(000)

US$(000)

US$(000)

US$(000)

Closure of mining units and exploration projects (b)

 

277,689

1,779

5,623

(13,104)

271,987

 

(8,872)

5,129

992

(14,989)

254,247

Environmental liabilities

 

5,038

16,557

363

(2,002)

19,956

 

(228)

59

(992)

(2,534)

16,261

Environmental contingencies

 

2,874

3,425

(1,135)

5,164

 

3,459

246

(453)

8,416

Safety contingencies

 

4,536

1,323

(227)

5,632

 

870

258

(44)

6,716

Labor contingencies

 

4,080

381

(40)

4,421

 

489

233

(12)

5,131

Tax contingencies

 

3,110

299

3,409

 

1,596

5,005

Obligations with communities

3,605

(1,010)

2,595

(637)

147

2,105

Other provisions

 

480

(317)

163

 

377

97

637

 

301,412

22,437

5,986

(16,508)

313,327

 

(2,946)

5,188

981

(18,032)

298,518

Classification by maturity:

 

  

 

  

Current portion

 

51,816

81,039

 

94,171

Non-current portion

 

249,596

232,288

 

204,347

 

301,412

313,327

 

298,518

(b)

Provision for closure of mining units and exploration projects -

The table below presents the movement of the provision for closure of mining units and exploration projects:

    

2022

    

2021

US$(000)

US$(000)

Beginning balance

 

271,987

 

277,689

Additions (reversals) in estimates and reclassifications:

Continuing mining units, note 11(a)

 

(21,869)

 

(3,272)

Continuing mining units, note 28(a)

(302)

Discontinued mining units, note 1(e)

 

660

 

3,021

Exploration projects, note 28(a)

 

13,631

 

2,030

(7,880)

1,779

Accretion expense:

Continuing mining units, note 29(a)

 

4,932

 

5,522

Exploration projects, note 29(a)

 

138

 

76

Discontinued mining units, note 1(e)

 

59

 

25

Disbursements

 

(14,989)

 

(13,104)

Ending balance

 

254,247

 

271,987

Classification by maturity:

Current portion

 

60,644

 

54,013

Non-current portion

 

193,603

 

217,974

 

254,247

 

271,987

The provision for closure of mining units and exploration projects represents the present value of the closure costs that are expected to be incurred between the years 2023 and 2041. The Group recognizes the provision for closure of mining units and explorations projects based on estimates of studies and activities that meet the environmental regulations in effect and that will be approved by the Ministry of Energy and Mines. The Group recognizes the provision of continued operations based on its analysis and estimates prepared by independent advisors and reviewed by the Group’s management. Provisions related to discontinued operations are based on estimates prepared by internal advisors.

The provision for closure of mining units and exploration projects corresponds mostly to activities that must be carried out for restoring the mining units and areas affected by operation and production activities. The principal works to be performed correspond to earthworks, re-vegetation efforts and dismantling of the plants. Closure budgets are reviewed regularly to take into account any significant change in the studies conducted. Nevertheless, the closure costs of mining units will depend on the market prices for the closure works required, which would reflect future economic conditions. Also, the time when the disbursements will be made depends on the useful life of the mine, which will be based on future metals prices.

As of December 31, 2022, the future value of the provision for closure of mining units and exploration projects was US$319.59 million, which has been discounted using annual risk-free rates from minimums of 4.77 percent and at a maximum range of 6.55 percent, in a period of 1 to 19 years, obtaining as a result an updated liability amounting to US$254.2 million (as of December 31, 2021, the provision was US$272.0 million). The Group believes that this liability is sufficient to meet the current environmental protection laws approved by the Ministry of Energy and Mines.

As of December 31, 2022, the Group has constituted letters of credit in favor of the Ministry of Energy and Mines for US$171.8 million (US$155.9 million as of December 31, 2021) to secure current mine closure plans of its mining units, exploration projects and environmental liabilities to date.

Sociedad Minera Cerro Verde S.A.A.  
Provisions  
Provisions

11.   Provisions

This item is made up as follows:

    

December 31, 

    

December 31, 

2022

2021

US$(000)

US$(000)

Current:

 

  

 

  

Provision for social commitments (a)

 

3,096

 

9,399

Provision for legal contingencies (b)

 

465

 

350

Provision for remediation and mine closure (c)

 

423

 

2,968

Total current

 

3,984

 

12,717

Non–current:

 

  

 

  

Provision for remediation and mine closure (c)

 

209,237

 

219,942

Provision for social commitments (a)

 

7,303

 

1,226

Provision for legal contingencies (b)

2,211

2,004

Provision for uncertainty over income tax treatments (d)

 

615

 

7,878

Other long-term liabilities

 

 

401

Total non-current

 

219,366

 

231,451

(a)   The provision for social commitments is associated with repaving Alata-Congata Road (US$6.1 million as of December 31, 2022 and US$6.3 million as of December 31, 2021) and an irrigation project in La Joya (US$4.3 million as of December 30, 2022 and 2021).

(b)   The provision for legal contingencies is associated with OSINERGMIN (Organismo Supervisor de la Inversión en Energía y Minería) and SUNAFIL (Superintendencia Nacional de Fiscalización Laboral) fines, which have been appealed by the Company.

(c)   The Company’s mineral exploitation activities are subject to environmental protection standards. In order to comply with these standards, the Company has obtained the approval for the Environment Adequacy Program (PAMA) and for the Environmental Impact Studies (EIA), required for the operation of Cerro Verde’s production unit.

On October 14, 2003, Law 28090 was enacted, which regulates the commitments and procedures that entities involved in mining activities must follow in order to prepare, file and implement a mine site closure plan, as well as the respective environmental guarantees that assure compliance with the plan in accordance with protection, conservation and restoration of the environment. On August 15, 2005, the regulations regarding this law were approved.

During 2006, in compliance with the mentioned law, the Company completed the closure plans for its mine site and presented it to the Ministry of Energy and Mines.

The closure plans for its mine site were approved by Resolution No 302-2009 MEM-AAM and its modifications were approved by Resolution No 207-2012 MEM-AAM, Resolution No 186-2014 MEM-DGAAM and its last modification, Resolution No 032-2018 MEM-DGAAM. As of December 31, 2022, pursuant to legal requirements, the Company has issued a letter of credit to the Ministry of Energy and Mines totaling US$86.5 million to secure mine closure plans.

The estimate of remediation and mine closure costs is based on studies prepared by independent consultants and based on current environmental regulations. This provision corresponds mainly to the activities to be performed in order to restore the areas affected by mining activities. The main tasks to be performed include ground removal, soil recovery, and dismantling of plant and equipment.

Under the closure regulations, the Company must submit a closure plan that includes the reclamation methods, closure cost estimates, methods of control and verification, closure and post-closure plans, and financial assurance. In compliance with the requirement for five-year updates, the Company submited the last updated closure plan and cost estimate to the Ministry of Energy and Mines in February 2023.

The table below presents the changes in the provision for remediation and mine closure:

    

2022

    

2021

US$(000)

US$(000)

Beginning balance

 

222,910

 

237,543

Accretion expense

 

4,566

 

3,715

Changes in estimates (see Note 7)

 

(17,812)

 

(18,271)

Progressive mine closure payments in hydrometallurgy process

 

 

(87)

Exchange rate effect

(4)

10

Final balance

 

209,660

 

222,910

As of December 31, 2022, the Company’s provision for remediation and mine closure was US$209.7 million (reflecting the future value of the provision for remediation and mine closure of US$477.6 million, discounted using an annual risk-free rate of 4.06%). As of December 31, 2021, the Company’s provision for remediation and mine closure was US$222.9 million (reflecting the future value of the provision for remediation and mine closure of US$374.3 million, discounted using an annual risk-free rate of 1.93%). The Company considers this liability sufficient to meet the current environmental protection laws approved by the Ministry of Energy and Mines.

As of December 31, 2022 changes in estimate (decrease of US$17.8 million) primarily related to changes in the discount rate, partially offset by higher future nominal flows coupled with change in the escalation rate. As of December 31, 2021, changes in estimates (decrease of US$18.3 million) primarily relate to changes in the discount rate.

(d)

As of December 31, 2022, represents interest and penalties related to income tax for the years 2018 and 2021 and related taxes. As of December 31, 2021, represents interest and penalties related to income tax for the years 2017 and 2018 and related taxes. All amounts were determined in accordance with the IFRIC 23, “Uncertainty over Income Tax Treatments.”