Delegate Duong Van Phuoc said that the closure of mineral mines plays an important role in environmental restoration after mining. The draft law also devotes Section 2, Chapter VII to regulating the closure of mineral mines. However, the understanding of “closing mineral mines” has not been explained, and has not created a common understanding. Therefore, it is proposed to clarify the phrase “closing mineral mines” to specifically define the activities that organizations and individuals must perform when closing mines.
Regarding the adjustment of mineral planning and the adjustment of the management plan for geology and minerals, the delegate proposed to add the authority to assign "The Provincial People's Committee to correct the coordinates, area, and place names of mineral areas used as common construction materials in the provincial planning before organizing the auction of mineral exploitation rights" to Clause 3, Article 15, which would be convenient and consistent with current legal regulations.
Regarding the regulations on participation in geological surveys of minerals by organizations and individuals, delegates proposed to remove the "priority rights of organizations and individuals participating in geological surveys of minerals" stipulated in Clause 3, Article 24, to ensure publicity, transparency, equality, competition, prevention of negativity, corruption and increase revenue for the state budget.
Regarding general regulations on exploiting Group IV minerals, it is proposed to add the forms of "re-issuance and transfer" to Clause 3, Article 75 to ensure the rights of organizations and individuals exploiting minerals.
General regulations on mineral recovery (Article 77), delegates proposed to add the provision "Can be processed for sale" to Clause 4, in order to create conditions for recovered minerals to be used for the right purpose, avoiding waste. Add specific regulations on the form, authority, order and procedures for selling minerals or assign the Government to specify this content in detail.
At the same time, add "in case the investor does not have the need to organize mineral recovery, the Provincial People's Committee shall consider and allow other units to recover, in which priority is given to allowing the project construction unit to recover" to Clause 5 of this Article (Article 77), thus avoiding the case where the investor does not recover and will waste minerals.
Regarding the implementation of mineral mine closure (Article 86), delegates proposed to add a clause stipulating cases where it is not necessary to prepare a mine closure plan, including: Exploitation of group IV minerals; mineral recovery; Exploitation of groups I, II, III minerals that have expired but have not fully exploited their reserves and are considering re-issuing the license to that organization or individual or another organization or individual, in order to create conditions and ensure the rights of organizations and individuals carrying out mineral exploitation to avoid wasting resources.
Regarding the principles of exploration, exploitation, and recovery of sand and gravel from riverbeds, lakebeds, and sea areas, Clause 3, Article 89 stipulates that "In case the mineral reserves specified in the license have been exploited, exploitation must be stopped and procedures for mine closure must be carried out". Delegates proposed to add the provision "at the same time, report to the Provincial People's Committee for permission to prepare additional exploration dossiers to explore and assess the quality and remaining mineral reserves, submit to the competent authority to recognize the reserves, as a basis for re-issuing a mineral exploitation license" after this article.
This will create conditions for mineral exploitation units to have the conditions and basis to continue carrying out procedures and documents to exploit remaining reserves, suitable for the characteristics of minerals such as sand, gravel, etc. that are deposited annually.
Regarding the rights and obligations of organizations and individuals exploiting sand and gravel from riverbeds, lakebeds, and sea areas, delegates proposed to add the content "Define or clearly register transportation routes from sand and gravel mining sites to public roads to ensure compliance with traffic laws and must be agreed upon by road management agencies" in Clause 2, Article 91, to facilitate state management of mineral transportation and ensure effective supervision.
Regarding the responsibility of state management of geology and minerals of People's Committees at all levels, delegates proposed to add a point in Clause 2, Article 111 stipulating "Prevent illegal mineral exploitation activities immediately after detecting or receiving reports of illegal mineral exploitation activities in the area; handle violations according to the provisions of law; in cases exceeding authority, report to the People's Committee at the next higher level for handling according to the provisions of law".
Delegates also proposed a provision allowing the provincial People's Committee to delegate authority to the district People's Committee to issue licenses for small-scale mineral activities, especially sand, gravel, and landfill to serve the construction of civil works and people's needs.
Source: https://baoquangnam.vn/de-xuat-giao-ubnd-tinh-phan-quyen-ubnd-huyen-cap-giay-phep-hoat-dong-khoang-san-quy-mo-nho-le-3143805.html
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