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Part B: Mineral Rights - Part B-5: Development Minerals - 31. Development Minerals Exploitation Licence | 31.3 Environmental Impact Assessment / Environmental Permit

Environmental regulation of mineral operations is important. And extensive provisions exist in this template on this subject. Therefore, it does not bear repeating such provisions in this part. However, it is claimed by some experts that the environmental impact of mining development minerals does not require the extensive environment assessments provided for mining metals such as iron, gold, or copper. Some of the common environmental issues associated with development minerals include dust and noise pollution. Therefore, the objective is to provide where appropriate simplified environmental regulation to facilitate the exploitation of development minerals. It must be noted that this provision is not intended to excuse the environmental responsibility or liability of applicants or holders of development mineral rights.

31.3 Example 1:

Article [_]

An applicant for a holder of a development mineral exploitation licence shall comply with the environmental provisions of this [Law][Act]][Code] and [Applicable Environmental Laws] subject to such modifications as shall be made by [Regulating Authorities] to facilitate the exploitation of the mineral without causing damage to the environment.

Annotation

This example gives the environmental authority power to make changes in the existing environmental regime to accommodate any unique characteristics of development minerals and to ensure that their development is not hindered by undue environmental regulation.

31.3 Example 2:

Article [_]

Prior to commencement of mineral operations, a holder of a development mineral exploitation licence shall obtain an environmental permit from [Regulating Authority] upon submitting the following information [or as provided in regulations]:

(a) [_____]

(b) [_____]

(c) [_____]

Annotation

This example seeks to simplify the environmental permitting process by ensuring that where certain information regarding the environmental impact of the proposed mining operations is provided an environmental permit would be granted. To do this efficiently, it is useful to have pre-established baseline environmental conditions in the relevant areas.