The Department of Energy and Mineral Resources has released four Draft Government Regulations for discussion and debate. The four regulations are on the topics of reclamation, mining zones, implementation of business activities in the minerals and coal sector, and supervision in the minerals and coal sector. The department is expecting that all of these regulations will be completed by September 2009.
The first of these regulations concerns matters related to the reclamation of mining concessions at the conclusion of any mining activity. The obligation to reclaim the land is mandatory. The general theme of the regulation is that the areas affected by mining activities must be returned to the condition that they were in prior to the commencement of any mining at a particular site. The reality is that this is not going to be possible. However, the regulation makes it clear that the reclamation is to return the condition of the land to an agreed and acceptable standard. This is expected to be a condition where the reclaimed land regains some value and is usable for other activities.
Generally, companies are required to furnish a five-year reclamation plan. That plan is to then be broken down into detailed annual objectives. These objectives would include a statement as to what the reclaimed land is to be used for and the costs of returning the land to that condition. A reclamation plan must be approved by the relevant authority (Minister, Governor, Regent, Mayor) within 30 working days of it being lodged for approval. In the event that the approval is not forthcoming after 30 days then the applicant is to deem that the reclamation plan has been approved.
The regulation sets out reporting requirements. These reports are designed to ensure that the reclamation is being undertaken according to the agreed plan.
The companies are required to set aside funds for the reclamation work. These funds are a guarantee that the company will have the financial resources to ensure that the reclamation work is completed. However, the guarantee is not generally for the purposes of paying for reclamation activities on an ongoing basis.
The obligation on companies is that they pay sufficient funds into a guarantee account to cover the costs of reclamation in the event that the company at some later stage is not in a financial position to complete its reclamation obligations. Otherwise, reclamation is expected to be paid for by the company from other company income and the guarantee funds are to be released once the relevant authorities have signed off on the reclamation being acceptable.
As was noted previously, the expectation is that these draft regulations will be completed by September 2009.
The Department of Energy and Mineral Resources has released four Draft Government Regulations for discussion and debate. The four regulations are on the topics of reclamation, mining zones, implementation of business activities in the minerals and coal sector, and supervision in the minerals and coal sector. The department is expecting that all of these regulations will be completed by September 2009.
The first of these regulations concerns matters related to the reclamation of mining concessions at the conclusion of any mining activity. The obligation to reclaim the land is mandatory. The general theme of the regulation is that the areas affected by mining activities must be returned to the condition that they were in prior to the commencement of any mining at a particular site. The reality is that this is not going to be possible. However, the regulation makes it clear that the reclamation is to return the condition of the land to an agreed and acceptable standard. This is expected to be a condition where the reclaimed land regains some value and is usable for other activities.
Generally, companies are required to furnish a five-year reclamation plan. That plan is to then be broken down into detailed annual objectives. These objectives would include a statement as to what the reclaimed land is to be used for and the costs of returning the land to that condition. A reclamation plan must be approved by the relevant authority (Minister, Governor, Regent, Mayor) within 30 working days of it being lodged for approval. In the event that the approval is not forthcoming after 30 days then the applicant is to deem that the reclamation plan has been approved.
The regulation sets out reporting requirements. These reports are designed to ensure that the reclamation is being undertaken according to the agreed plan.
The companies are required to set aside funds for the reclamation work. These funds are a guarantee that the company will have the financial resources to ensure that the reclamation work is completed. However, the guarantee is not generally for the purposes of paying for reclamation activities on an ongoing basis.
The obligation on companies is that they pay sufficient funds into a guarantee account to cover the costs of reclamation in the event that the company at some later stage is not in a financial position to complete its reclamation obligations. Otherwise, reclamation is expected to be paid for by the company from other company income and the guarantee funds are to be released once the relevant authorities have signed off on the reclamation being acceptable.
As was noted previously, the expectation is that these draft regulations will be completed by September 2009.
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