Government Regulation No. 78 of 2010 on Reclamation and Post-Mining

Government Regulation No. 78 of 2010 sets out obligations for mining licence holders (including coal mining operators) to conduct reclamation and post-mining after the expiration of their mining licence. 

Licence holders are required to:

• submit a reclamation and post-mining plan for approval
• deposit guarantee funds for the implementation of their plans that cover the cost for implementation 
• report on the implementation of the plans annually (for reclamation) and every 3 months (for post-mining).

Relevant authorities may conduct an evaluation of the implementation of the plans based on the reports submitted by the licence holders.

The reclamation plan is prepared for a 5-year period and describes the action plan for each year. A reclamation plan must contain at least:

• land resource management before and after mining
• land clearing plan
• reclamation plan for disturbed land which includes ex-mining land and non ex-mining land which is either temporary or permanent
• success criteria, including standards for a successful land management, revegetation, civil works, and final completion
• planned cost for reclamation, consisting of direct cost and indirect cost for the reclamation.

The post-mining plan must contain at least:

• regional profile, including location and accessibility of the area, land ownership and use, initial environmental characteristics, and other business activities around the mine
• description of mining activities, including initial reserve conditions, mining systems and methods, processing and refining, and supporting facilities
• final environmental characteristics of post-mining land, including the condition of remaining reserves, land use, morphology, surface water and groundwater, as well as aquatic and terrestrial biology
• post-mining programme, including reclamation on ex-mining land and land outside ex-mining land, maintenance of reclamation results, community development and empowerment, and monitoring.
• post-mining schedule
• success criteria for the implementation of post-mining program
• planned cost for post-mining activity, including its direct and indirect cost.

Non-compliance with the regulation may result in administrative sanction, including written reprimands, temporary suspension to parts of the activity, and/or revocation of mining license.

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