How to take the road of ecological restoration of

2022-09-23
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How to take the road of ecological restoration of mine geological environment

in recent years, with the in-depth promotion of the construction of ecological civilization, the ecological restoration of mine geological environment has become a hot spot of the whole society. In particular, in order to speed up the solution of the problems left over by the history of the mine geological environment, the relevant national ministries and commissions proposed "encouraging the participation of social funds and vigorously exploring and building a new model of mine geological environment restoration and comprehensive management 'led by the government, supported by policies, participated by society, developed governance and market-oriented operation'. After that, new models of mine geological environment governance with" developed governance "as the core continue to emerge, To a great extent, it has promoted the solution of the historical problems of the mine geological environment, but at the same time, it also exposed some problems, especially the legal risks

then, how can the ecological restoration of the mine geological environment, especially the "development based governance", be more safe and secure to achieve twice the result with half the effort? How to avoid risks from the legal level? China mining news recently interviewed Shen Sheng, partner of Beijing Yuren law firm and director of the mining law research center, who specializes in legal research in the field of natural resources, with a view to solving the misunderstanding and risks of "development based governance" from the legal level

lawyer Shen Sheng is a researcher of the land and resources law research center of China University of political science and law, a tutor of law graduate students (including undergraduate students) of China University of Geosciences, a director of the mineral resources law branch of China Geological and mineral economics society, and a reviewer of land and resources intelligence. He is especially good at dealing with difficult legal issues in mining, and has successively issued legal opinions for many mining projects of the Ministry of land and resources that originally improved the surface residual stress, He has participated in and completed a number of legislative proposals and research projects of the Supreme People's court, the former Ministry of land and resources and the national energy administration, and has written many books, such as mining legal counsel, mining contract management, legal practice of mining right transfer, evaluation and analysis of typical mining cases, etc

China mining news: it's hard to get around without rules. In recent years, what policies and regulations have been issued by the state for the ecological restoration of mine geological environment

Shen Sheng: in recent years, with the promotion of ecological civilization construction, the state and relevant ministries and commissions have successively issued a series of policies and regulations on the restoration of the mine geological environment

first, the State Council issued the notice of the State Council on comprehensively rectifying and standardizing the order of mineral resources development (GF [2005] No. 28), which pointed out that it was necessary to explore and establish a compensation system for the restoration of the mine ecological environment and clarify governance

second, the former State Environmental Protection Administration issued the technical policy for mine ecological environment protection and pollution prevention and control (HF [2005] No. 109)

third, the Ministry of finance, the former Ministry of land and resources and the former State Environmental Protection Administration jointly issued the guiding opinions on the gradual establishment of mine environmental governance and ecological restoration mechanism (Cai Jian [2006] No. 215), requiring the formulation of mine ecological environment protection and comprehensive management plans, and proposing specific measures to achieve the goals of mine environmental governance and ecological restoration

fourth, the former Ministry of land and resources issued the regulations on the protection of geological environment in mines (order 44 of the Ministry of land and resources in 2009). 1. Jc/t992 ⑵ 006 expanded polystyrene board adhesive for wall insulation pointed out that it was necessary to prepare the protection and restoration treatment plan of geological environment in mines, and carry out the prevention, treatment and restoration of ground collapse, ground fissures, collapses, landslides, aquifer damage, landform and landscape damage in mining areas

fifth, the former Ministry of environmental protection issued the 12th Five Year Plan for national environmental protection (GF [2011] No. 42), pointing out that it is necessary to strengthen the ecological supervision in the development of mineral resources, hydropower, tourism resources and transportation infrastructure construction, and implement the ecological protection and restoration of relevant enterprises

sixth, the general office of the State Council issued the opinions on improving the compensation mechanism for ecological protection (GBF [2016] No. 31, May 13, 2016)

seventh, the former Ministry of land and resources and other five ministries and commissions jointly issued the guiding opinions on strengthening the restoration and comprehensive management of the mine geological environment (gtzf [2016] No. 63, July 1, 2016), calling for accelerating the settlement of the historical problems of the mine geological environment and encouraging the participation of social funds, Vigorously explore and build a new model of mine geological environment restoration and comprehensive management that is "led by the government, supported by policies, participated by society, developed governance, and market-oriented operation"

Eighth, the national development and Reform Commission and other nine departments jointly issued the action plan for establishing a market-oriented and diversified ecological protection compensation mechanism (FGW [2018] No. 1960, December 28, 2018), which pointed out that the boundary and total amount of resource development should be reasonably defined to ensure that the ecosystem function is not affected

China mining news: as a systematic project, the ecological restoration of mine geological environment has large investment and slow return, so the national level has proposed to implement market-oriented operation. Then, what are the specific policies of the country in terms of marketization

Shen Sheng: first, the report of the 19th CPC National Congress proposed to "strengthen ecosystem protection and establish a market-oriented and diversified ecological compensation mechanism"

second, the general office of the State Council issued the notice on the recent work arrangement of soil environmental protection and comprehensive treatment (2013), which proposed the principle of "who invests, who benefits", and guided and encouraged social funds to invest in soil environmental protection and comprehensive treatment

thirdly, the decision of the CPC Central Committee on several major issues of comprehensively deepening reform (2013) proposed to establish a market-oriented mechanism for ecological environment protection and promote the third-party treatment of environmental pollution

fourth, the general office of the State Council issued the opinions on the implementation of third-party governance of environmental pollution (2014), clarifying the third-party governance mechanism guided by marketization, specialization and industrialization

five batteries should be tested at 20 ± 5 ℃ (68 ± 9 ° f). The Ministry of Finance issued the administrative measures for government purchase of services (Provisional) (2015), which included the "environmental governance" service in the guidance catalogue of government procurement

sixth, the opinions on accelerating the construction of ecological civilization (2015), the action plan for water pollution prevention and control (2015), the action plan for soil pollution prevention and control (2016), and the wetland protection and restoration system plan (2016) issued by the State Council, And the implementation opinions of the Ministry of environmental protection on promoting the third-party treatment of environmental pollution (2017) issued by the former Ministry of environmental protection clearly proposed to promote the marketization mechanism of the third-party treatment of environmental pollution and promote the development of the treatment and restoration industry. For wetland restoration with a clear main body, it can be carried out by itself or entrusted to a third-party institution with restoration ability

the market orientation of ecological restoration in the national policy documents reflects the severe reality of ecological environment damage on the one hand, and the determination of the country to promote the restoration of damaged ecological environment on the other hand. As a new way of environmental governance, the marketization of ecological restoration is clearly defined in national laws and policies, and the operation mode of "government enterprise cooperation" and "enterprise enterprise cooperation" appears in practice

China mining news: how to realize the comprehensive utilization of resources in the ecological restoration of mine geological environment

Shensheng: the main tasks of mine geological environment protection and governance include: ecological environment protection of mine development and construction, treatment of "three wastes" of mine development and utilization, mine land reclamation, governance of mine environmental pollution and ecological damage, and monitoring and prevention of mine secondary geological disasters

the principles of mine geological environment restoration and management and land reclamation are to adhere to the principles of "prevention first, combination of prevention and control", "development in protection, protection in development", "scientific planning, adaptation to local conditions, comprehensive management, economic feasibility and rational utilization"

the content of the comprehensive treatment plan is that the storage, treatment and reuse plan should be formulated for solid wastes such as mining waste slag, coal gangue and surrounding rock debris. The key points of the preparation of the comprehensive treatment plan for open-pit mines are that the best storage plan for solid wastes such as mining waste slag and surrounding rock debris should be formulated before mining, and attention should be paid to the rational utilization of the available beneficial components

at present, the more popular and highly concerned "development governance" mainly involves three standards: safety, ecology and resource utilization. Mine environmental governance should not only comply with safety standards and ecological standards, but also take into account resource reuse, that is, after governance, it should be reused to develop leisure parks, orchards, woodlands or construction land, so as to give full play to its resource efficiency. At present, the main obstacle to carrying out "development based governance" is the lack of implementation rules. The No. 63 opinion of the former Ministry of land and resources and other departments is only a guiding document, but it needs clearer and more detailed specifications in practical application

at present, the most sensitive issue is the comprehensive utilization of resources in "development governance". The comprehensive utilization of resources is defined by the society as: the comprehensive development and rational utilization of symbiotic and associated minerals in the mining process of mineral resources; Recycle and reasonably utilize the waste residue, waste water (liquid), waste gas, waste heat and residual pressure produced in the production process; For all kinds of wastes generated in the process of social production and consumption, we must understand all these processing processes for recycling and recycling; For the solid waste produced in the process of mineral resources development, the principle of treatment is to make full use of what can be used and dispose of what cannot be used reasonably

strictly speaking, although the current concept of comprehensive utilization of resources reflects some characteristics of comprehensive utilization of resources, with the continuous progress of society, from today's perspective, the content of this definition still has some limitations, which need to be re understood and expressed under the new historical conditions. The utilization of resources is not limited to the industrial production process. Under all conditions of using resources, it is necessary to consider the comprehensive utilization of resources. In the process of mineral resources development, it is not only limited to the comprehensive development and rational utilization of symbiotic and associated minerals, but also includes the comprehensive utilization of tailings resources

adhering to the comprehensive utilization of resources comes down in one continuous line with the thought of the 18th and 19th CPC National Congress that "we must establish an ecological civilization concept of respecting, conforming to and protecting nature". The comprehensive utilization of resources is an objective description of the way of resource utilization, which reflects the respect for the objective and actual situation of resource utilization. This statement shows that people use resources in a variety of ways, not rigid, dogmatic and unchanging. The concept of comprehensive utilization of resources is put forward from the perspective of resource efficiency and economic benefits, which is consistent with the market law and economic law. It considers the maximization of resource utilization efficiency

on January 17, 2019, the national natural resources work conference pointed out in clarifying the key work in 2019, "ensure the safety of energy resources. Take multiple measures simultaneously to strengthen oil and gas exploration and development, improve the level of mineral resources protection and comprehensive utilization, and strengthen geological survey and mineral exploration."

the Fifth Plenary Session of the 18th CPC Central Committee put forward five development concepts, namely, innovation, coordination, green, openness and sharing. The report of the 19th CPC National Congress further emphasized that "we must unswervingly implement the concept of innovative, coordinated, green, open and shared development". The comprehensive utilization of resources is closely related to these five development concepts. First, about innovation. The comprehensive utilization of resources is always based on technological innovation. It can be said that there will be no comprehensive utilization of resources without technological innovation

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