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environment-licensing

Mine safety and closure/rehabilitation: legal obligations

24 September 2026

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  • Safety duties (law 33-13): art. 52 (rational extraction and compliance with health, safety and environmental rules), art. 56 (general duties of the title holder), art. 57 (immediate protective measures in case of accident and compulsory civil liability insurance), art. 61 (administrative injunctions).
  • Supervision and sanctions: art. 94–96 (inspections) → art. 98 (60-day notice, then 30 days) → art. 99 (serious breaches may lead to withdrawal).
  • Prior declarations: décret 2-15-807 art. 26 — written declaration at least 1 month before starting extraction (methods, safety and health measures, plans); art. 27 — 1-month notice before any underground mining works.
  • Closure: art. 60 of law 33-13 requires an abandonment plan (plan d’abandon) whose conditions await an unpublished regulatory text; the law contains no financial closure guarantee provision (an earlier incorrect reference has been corrected).
  • Rehabilitation: obligations mainly arise from EIA approvals (law 49-17), together with the environmental acceptability decision.