Abstract

OSPINA BETANCUR, Esteban  and  MOLINA ESCOBAR, Jorge Martín. COLOMBIAN LEGISLATION ON MINE CLOSURE. IS IT NECESSARY REALLY?. Bol. cienc. tierra [online]. 2013, n.34, pp.51-64. ISSN 0120-3630.

Mine closure is an strategic component of any mining project. Today is inadmissible a project that does not provide from its conception, all technical, political, social and economic aspects on the progressive closure or end of the mining. Australia, Brazil, Canada, Chile, Peru, among other countries, have ordered their legislation as a strategy for mining. In Colombia there is a scattered legislation that in practice involves all subjects, among them are: soil, air, discharges, and emissions. The Colombian Constitution, laws, acts-laws, acts and resolutions regulate aspects that, according to the authors' analysis, involving the different aspects of mine closure, so that would not be necessary to issue specific legislation for this subject, unlike countries such as Chile and Peru; similarly, do not require a law on opening mines. It would be advisable that the Ministry of Mines and Energy Mining prepare a fourth Guide (of three existing, whose preparation was the joint responsibility of the Ministry of Mines and Energy, and the Ministry of Environment and Sustainable Development) on the different legal provisions governing for closure of mines, and reinforce guarantees and monitoring program on the long-term.

Keywords : Closure of mines; Environmental regulation; Mining.

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