In order to ensure the rational exploitation of mineral resources in harmony with the protection of the environment and the preservation of health, holders of Authorisations, of Mining Titles, must address:
- the prevention or minimization of any adverse effects on the health and the environment due to their activities, including:
- the use of harmful and hazardous chemicals;
- noise emissions which are harmful to human health;
- unpleasant odors which are harmful to human health;
- the pollution of water, air and soil, the degradation of the ecosystem and biological diversity;
- the prevention and/or treatment of any spillage and/or waste to neutralize or minimize their effect on nature;
- the promotion or maintenance of the living conditions and general good health of the population;
- the prevention and management of HIV/AIDS at the local level;
- effective waste management by minimizing its production, ensuring that it is entirely innocuous, and disposing of non-recycled waste in an environmentally friendly manner after informing and receiving the approval of administrations in charge of Mines and Environment.
The system for protecting workers from occupational and industrial hazards must include the provisions relating to the application of standards and procedures established by the National Health Policy as part of the operation and functioning of healthcare facilities in the mining sector including, inter alia, the screening for nuisance factors, routine medical visits for workers at least once a year and the realization of the Health Adjustment Plan.
The titleholder is directly responsible for health-related damages and harm caused to workers and the Local Community in the event where it has failed to comply with the terms of its health plan or has breached any of its obligations relating to health specified in this Code.
In case of assignment, the assignee and the assignor of a mining right will need the opinion of competent departments to perform health and environmental due diligence of the site in question.
These diligence exercises will determine the health and environmental responsibilities of the transferor during the time that it held the mining right in question.
Planned land-clearing consisting of cutting or removing trees or plants, as well as excavation work, Mine and Quarry operation, building communication transmission lines, which are contemplated to be performed within the perimeter of a Mining Title, shall be subject to a prior Authorisation of the Minister responsible for Forestry and, where applicable, the granting of a cutting or clearing Permit.
Valuable forest species identified by the Forestry Code or its implementing regulations enjoy special protection and may not be cut, felled or mutilated during excavation, operation of Mines and quarries, building of communication transmission lines, which are contemplated to be performed during the implementation of a Mining Title, except upon prior authorisation of the Minister in charge of Forests.
The holder must submit an application to the Minister in charge of Mines to obtain these approvals granted by order of the Minister concerned.