Provisions for Reopening Reclaimed Areas

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The Minister for Energy and Mineral Resources has issued updated regulations regarding the reopening of reclaimed areas*. Reclaimed Areas refers to land that has been restored or rehabilitated following mining activities. The updated regulations outline the procedures and requirements for reopening such areas, including provisions for providing replacement land and detailed activity plans for the reclamation and future use of the reopened land.

Mining license holders can apply to reopen reclaimed areas if they meet certain conditions. They must provide replacement land three times the size of the reclaimed area, including one part within the mining license area and two parts outside it for reclamation efforts. Applications must include a detailed activity plan covering background, reopening details, use, reclamation, and economic impacts, along with evidence of compliance and support from relevant authorities.

The activity plan for reopening a reclaimed area must include a justification for reopening that addresses issues such as safety, environmental protection, and resource optimisation. It should provide details on the location, size, and condition of the reclaimed area, and outline how the area will be used, supported by technical studies and a timeline.

Additionally, the plan must include annual reclamation activities, covering revegetation and maintenance along with estimated costs. It should detail the replacement land, including its location, area, and reclamation plan, with necessary approvals. An assessment of the environmental value of the reopened area is required, as well as a cost-benefit analysis that evaluates the costs and potential benefits of the reopening and reclamation efforts.

*Decree of the Minister of Energy and Mineral Resources Number 111.K/MB.01/MEM.B/ 2024 concerning Guidelines for Application, Evaluation, and Approval of Reopening Reclaimed Areas in Mineral and Coal Mining Business Activities