Procedural Problems in the Authorization of the Mining Restoration Plan in Spain

AFA-ANDALUCIA, Málaga, Spain

Abstract: The transposition into Spanish order of Directive 2006/21/EC of 15 March is carried out, on a basic basis, by Royal Decree 975/2009 of 12 June, and aims to unify and improve the provisions relating to the protection of the environment in the research and use of mineral resources regulated by the current Law on Mines. The procedural processing of the authorization of the restoration plan is partially regulated, setting specific guidelines, and some novelties, creating some problems in its implementation. Some Autonomous Communities maintain in force the own regulations of mining restoration prior to this royal decree, applying in what does not object to the provisions of this State rule, and in others have subsequently been adopted provisions that have regulated some aspects of the authorisation procedure.