How to restore the geological environment of mine?

In recent years, with the deepening of ecological civilization construction, the ecological restoration of mine geological environment has become a hot spot of the whole society. In particular, in order to speed up the solution of problems left over from the history of mining geological environment, the relevant ministries and commissions of the State proposed to "encourage the participation of social funds, and vigorously explore the construction of a new model of" government-led, policy support, social participation, development-oriented governance, and market-oriented operation "of mining geological environment restoration and comprehensive management. The new model of mine geological environment management with "development management" as the core has been emerging, which has promoted the solution of the problems left over from the history of mine geological environment to a large extent, but it has also exposed some problems, especially the legal risks.

So, how can the ecological restoration of the geological environment of mines, especially the road of "development management", be safer and more secure and achieve twice the effect with half the effort? And how to avoid the risk from the legal level? China Mining News reporter recently interviewed Shen Sheng, a partner of Beijing Yuren Law Firm specializing in legal research in the field of natural resources and director of the Mining Law Research Center, in order to crack the misunderstandings and risks of "development governance" from the legal level.

Mr. Shen is a researcher of the Land and Resources Law Research Center of China University of Political Science and Law, a tutor of graduate law students (including undergraduates) of China University of Geosciences, a director of the Mineral Resources Law Branch of China Society of Geological and Mineral Economics, and a reviewer of Land and Resources Information. He is especially good at dealing with difficult legal issues of mining, and has issued legal opinions for a number of mining administration projects of the former Ministry of Land and Resources. And participated in the completion of the Supreme People's Court, the former Ministry of Land and Resources, the National Energy Administration of a number of legislative proposals and research projects, the author of "Mining Legal Counsel", "Mining contract Management", "Mining rights Transfer Legal Practice", "Mining Typical case Analysis" and other books.

China Mining News: No rules can not be accomplished. In recent years, what policies and regulations have the state mainly introduced for the restoration of the geological environment of mines?

Shen Sheng: In recent years, with the promotion of ecological civilization construction, the state and relevant ministries have successively issued a series of policies and regulations on the restoration of mining geological environment.

First, The State Council issued the Notice of The State Council on Comprehensively Rectifying and standardizing the Order of Mineral Resources Development (Guofa [2005] No. 28), pointing out that it is necessary to explore the establishment of a compensation system for the restoration of the ecological environment in mines and clarify the responsibility for governance.

Second, the former State Environmental Protection Administration issued the "Mining ecological environmental Protection and pollution prevention and control technology Policy" (Huanfa (2005) No. 109).

Third, the Ministry of Finance, the former Ministry of Land and Resources, and the former State Environmental Protection Administration jointly issued the Guiding Opinions on Gradually Establishing the Responsibility Mechanism for environmental Management and Ecological Restoration in Mines (Caijian [2006] No. 215), requiring the formulation of ecological environmental protection and comprehensive management plans for mines, and proposing specific measures to achieve the goals of environmental management and ecological restoration in mines.

Fourth, the former Ministry of Land and Resources issued the Regulations on the Protection of the Geological Environment in Mines (Ministry of Land and Resources 2009 No. 44), pointing out that it is necessary to prepare the protection and restoration of the geological environment in mines, and carry out the prevention and restoration work of ground collapse, ground cracks, collapses, landslides, aquifer damage, and topographic and geomorphic landscape damage in mining areas.

Fifth, the former Ministry of Environmental Protection issued the "Twelfth Five-Year Plan for National Environmental Protection" (Guofa [2011] No. 42), pointing out that it is necessary to strengthen the ecological supervision of mineral, hydropower, tourism resources development and transportation infrastructure construction, and implement the responsibility of relevant enterprises in ecological protection and restoration.

Sixth, The General Office of the State Council issued "Opinions on Improving the Compensation Mechanism for Ecological Protection" (State Council [2016] 31, May 13, 2016)