I.

Mine closure law

He objective of Law No. 28090, Law Regulating the Closure of Mines and the

Present Regulation is the prevention, minimization and control of risks and

effects on the health, the safety of people, the environment, the surrounding

ecosystem and the property, that could be derived from the cessation of the

operations of a mining unit. Any reference in this Regulation to the Law shall be

understood as made to Law No. 28090.

The mining activities referred to in Article 2 of the Law are those defined in the

numeral VI of the Preliminary Title of the Consolidated Text of the General Law

of Mining, approved by Supreme Decree No. 014-92-EM.

The closing activities of environmental liabilities referred to in Law No. 28271,

do not they fall within the scope of this Regulation.

Mine Closure Plan and mining rights

Every holder of mining activity is obliged to carry out the closure of the areas,

tasks and facilities of a mining unit, through the Mine Closure Plan regulated in

the this Regulation.

The closure of areas, tasks and facilities of a mining unit does not affect the

validity of the concessions, the rights of mining use, or the other rights acquired

by the holder of mining activity, which are governed by the provisions of the title

under from which they originated or were granted.

The obligations and responsibilities of the holder of mining activity with respect

to the Plan of Closure of Mines, do not cease due to extinction of the

aforementioned title. Mining use and mining bondage comprise the closing

work.

Closure of mines due to risks to health or the environment

Notwithstanding the provisions of the previous article and the administrative

sanctions or of any other nature that may be applicable, in case of imminent

risks to health or environment, the General Mining Department may require the

holder of mining activity that immediately executes the work of closing the

mining components involved or provide facilities for it, as appropriate

II.MINING LAW

Definition of Mining Law

It is a set of legal norms related to the mining industry that establish the form of

constitution, conservation and characteristics of mining exploration and

exploitation concessions and harmonize to those characteristics the common

law institutions related to mining.

Objective of the Mining Law

It is the exploitation and take advantage of the mining wealth, so that it reports

economic advantages both to the individuals who own them and work as to the

granting State of ownership or ownership over them, and that the benefits of

wealth go to the community in the best possible way

Implications of the Normative Law

a) Mineral deposits, regardless of the nature of the substances they contain, are

inalienable and imprescriptible property of the state.

b) The Mining Industry constitutes an activity of public utility.

c) The state will directly use its mining property and grant private concessions

subject basically to the system of protection for work, under penalty of

expiration.

e) Promote the organization of companies in the country that substitute the

branches of foreign companies, especially those in which at least 25% of the

shares of the public limited companies that are organized in the country are

registered by persons Peruvian natural

f) To promote in an intensive way the mining prospection and exploration;

g) Promote the best welfare of the mining worker;

h) To promote the training and qualification of the personnel in all the levels of

the mining activity, as well as the participation of national consultants and

contractors in the realization of mining projects;

i) Rationalize the administrative procedure related to the exercise in the mining

industry and restructure the dependencies that carry out said processing.
II. Environmental Impact Study Environmental Impact Study

ENVIRONMENT EFFECT INVESTIGATION

It is called Environmental Impact Study (EIA) to the technical-administrative

procedure that serves to identify, evaluate and describe the environmental

impacts that a project will produce in its environment in case of being executed,

all in order that the competent administration can accept it. , reject it or modify it.

This administrative legal procedure begins with the presentation of the report

that is a summary by the promoter, continues with the realization of prior

consultations with individuals and institutions by the environmental body,

continues with the completion of the EIA (Environmental Impact Study) in

charge of the promoter and its presentation to the substantive body. It is

prolonged in a process of public participation and is concluded with the

issuance of the DIA (Environmental Impact Statement) by the Environmental

Body.

For an EIA to be effective, it must be:

1) Objective: Provide impartial and complete project information, environment

and impacts.
2) Timely: It must be done in the planning stage of the project, when it is

believed that it could cause environmental or health damage human.

3) Expeditive: You must provide sufficient information as quickly as possible

Possible so as not to delay the decisions of the authorities.

When should an EIA start?

• Adaptive approach: it is carried out when the idea of carrying out the project is

being developed.

• Semi - adaptive: the decision to carry out the project is taken, then the EIA is

made.

What should be taken into account for the preparation of an EIA?

Rigorous: the process must apply the best practices, using the appropriate

methodologies and techniques to treat the problems that are Investigated.

Interdisciplinary: the process should ensure that they employ the appropriate

techniques and experts in the biophysical and socio-economic disciplines

relevant to the study.

Relevant: the process must provide sufficient, reliable and usable information

for the decision-making of the planners.

Adaptive: the process must be adjusted to the reality of the project being

analyzed, based on the experiences of previous studies.

Credible: the process must be carried out with professionalism, rigor,

impartiality and objectivity.

Participatory: the process should provide appropriate opportunities to inform

and involve interested and affected audiences, and their inputs and concerns

should be explicitly addressed in the taking of documentation and decision.

Efficient: the process must impose minimum costs in economic terms and time,

necessary to adequately complement the work.

Systematic: the process must consider all the relevant aspects of the affected

environment and the alternative proposals and their consequences

III DIFFERENCES BETWEEN REMEDIATION, REGENERATION,RESTORATION,REHABILITATION

Remediation: clean contaminated areas, remove and isolate contaminants.

Regeneration: physically stabilize the land, restore the topsoil and return the

land to a useful purpose.

Restoration: rebuild the ecosystem that existed on the site before it was

disturbed.

Rehabilitation: establish a stable and self-sustainable ecosystem (it is not

necessary to be the same as the one that existed before the mining operations).

Sometimes achieving complete restoration is impossible but successful

completion of the four steps can result in a functional ecosystem.