MINE6106
MINE6106
UBA22EP278
ASSIGNMENT
(4) The total surface area of the land for which the licence for semi-
mechanized non-industrial mining of precious and semi-precious substances is
granted shall not exceed twenty one (21) hectares and shall be a single
polygonal-shaped block within one or several cadastral units as defined by
regulation.
Section66: (1) The following four (4) types of quarries are hereby instituted:
Non-industrial quarries
Semi-mechanized non-industrial quarries
Public interest quarries
Industrial quarries
(2) The safety distance between the quarries referred to in section 66(1) shall
be 500 meters.
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Article 127 : Prospecting, exploration or mining may not be undertaken
without authorization from the competent authorities: (a) on the surface, in an
area of less than 500 (five hundred) metres, for mining operations and
extraction 6f quarry substances: – around built property, villages, groups of
houses, protected areas, wells, religious buildings, burial grounds and places
considered as sacred, without the consent of the owner; – on both sides of
communication routes, water pipes, energy and sundry substance carrier
systems and, generally, around ail public utility sites and civil engineering
works; (b) in any protected area within the meaning of the forestry and
environmental laws and under international agreement.
Article 135: (1) Further to the provisions of this law, any mining and quarry
operation undertaken must comply with the laws and regulated force relating
to sustainable environmental protection and management. (2) Apart from the
non-industrial mining license, the exploration permit and the license for non-
industrial quarry mining for domestic purposes, the granting of mining titles,
quarry licenses and permits shall be subject to the prior conduct of an
environmental and social impact assessment, a hazard and risk assessment and
provision of an environmental management plan as provided for by the laws
and regulations in force in matters relating to the protection and sustainable
management of the environment.
Article 136: (1) Each operator shall be responsible for the restoration,
rehabilitation and closure of mining and quarry sites. (2) The operations
referred to in Section 136 (1) above shall include removal, by the operator, of
ail facilities, including any mining or quarry plant found on the land.
(3) The former mining and quarry sites must be restored to stable conditions of
security, agrosylvopastoral productivity and appearance close to their original
state or conducive to any new and sustainable development deemed suitable
and acceptable by the authorities in charge of mines, the environment and any
other relevant authority. (4) Without prejudice to the provisions of Section
236(1), (2) and (3) above, the State or mining and quarry operators may use
the old sites for various activities. (5) The post-inspection establishment of the
proper rehabilitation and restoration of the mining sites by the authorities in
charge of mines and the environment or any other relevant authority shall
result in the grant of a discharge which shall release the former operator of
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any obligation concerning his former mining title, his quarry license or permit.
However, the former operator shall remain responsible for any damage
discovered subsequently in connection with his previous activities on the site.
(6) The terms and conditions for implementation of the provisions of Section
136(1) above shall be laid down by regulation.
Article 137: In order to ensure mining and quarry resources in line with
environmental titles shall be the rational use of mineral and quarry protection,
holders of responsible for: – preventing geohazards and geodisasters;
preventing or minimizing the discharge of waste in protecting fauna and flora;
– promoting or maintaining the general health of the reducing waste; –
disposing of non-recycled waste in such manner as to ensure safety of the
environment, after informing and receiving the approval of the authorities in
charge of mining and the environment; – managing waste in accordance with
the laws and regulations in force.
Article 138: (1) Where a mining title, a quarry license or quarry permit expires,
is abandoned, withdrawn or renounced, the holder shall, within the period
prescribed by the minister in charge of mines, dismantle, in accordance with
standard rules, any mining plant found on the land covered by the title. (2)
Further, the holder of the mining title, a quarry license or permit shall be liable
to payment of the required duties and taxes and shall be bound to honour his
obligations relating to the environment and the rehabilitation of mining sites,
in accordance with the laws and regulations in force. (3) Where the mining
plant is not dismantled, the minister in charge of mines may take measures for
the mining plant to be sold by public auction or tender. The proceeds of such
sale shall be paid into the Treasury. (4) If upon the expiry of a mining or quarry
title, the holder is unable, within the prescribed time limit to remove or
complete the treatment of waste, and after a formal notice remained
unheeded, the holder shall be liable to the penalties provided for by the laws
and regulations in force. (5) If upon the expiry of a mining or quarry title, the
holder is unable, within the prescribed period, to remove other minerals
extracted; such minerals shall become State property. (6) The provisions of this
Section shall not apply to agreements between the former holder of the
mining or quarry title and the possible owner of the land covered by the
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mining or quarry title, as concerns the facilities abandoned on the land after
the prescribed period.