Key Benefits:
Publics concerned: professionals working in the mining field.
Subject: modification of certain provisions associated with mining titles in Guyana.
Effective January 1, 2012.
Notice: The purpose of the Departmental Mining Orientation Plan (SDOM) of Guyana is to define the general conditions applicable to mining research as well as the modalities for the establishment and operation of mining sites. It defines a zoning of open sectors and prohibits mining activity and sets specific constraints on certain areas as necessary. This decree sets out the modalities for the application of the SDOM and its updating. It will be assessed no later than four years after its entry into force.
Its establishment amends certain provisions of decrees No. 2001-204, 2006-648 and 2006-649. For example, the issuance of mine and mine clearances as well as work declarations are subject, depending on the area in which the mine is located, to environmental constraints and objectives for the rehabilitation of reinforced sites.
Finally, the consultation on the annual report on mining and state actions in this area is extended to representatives of the Advisory Council of the Amerindian and bushinenge populations, the Amazon Park of Guyane, the National Forestry Office and the Guyana Water Office.
References: This Order is made for the application in Guyana of Article L. 621-1 of the Mining Code. The texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Considering the environmental code, including its article L. 120-1;
Vu le general code of territorial authorities ;
Vu le Mining code ;
Vu le Decree No. 2001-204 of 6 March 2001 amended on mining authorizations in overseas departments;
Vu le Decree No. 2006-648 of 2 June 2006 modified for mining titles and underground storage titles;
Vu le Decree No. 2006-649 of 2 June 2006 amended to cover mining, underground storage and underground mines and underground storage;
Vu le Decree No. 2011-2105 of 30 December 2011 approving the Departmental Mining Orientation Plan (SDOM) of Guyana;
Considering the referral of the Guyana Regional Council dated 19 October 2011;
Considering the referral of the General Council of Guyana dated 19 October 2011;
The State Council (section of public works) heard,
Decrete:
I. ― The watercourses and perimeters of the watersheds included in areas 0 to 2 of the approved departmental mining orientation schema are defined by prefectural order by reference to the entities of the BD CARTHAGE repository within two months of the effective date of the schema.
This decree is published in the compendium of the administrative acts of the prefecture and can be consulted at the headquarters of the prefecture of Guyana and the sub-prefecture of Saint-Laurent-du-Maroni and on the prefecture website.
II. ― The conditions for the application of the provisions of III of the second title of the approved departmental mining orientation scheme are specified by prefectural order.
III. ― The schedule of the departmental mining orientation schema, which sets out the list of acts in place on areas of the protections determining their classification with regard to the zoning of the schema, is updated by the prefect of Guyana as the intervention of decisions amending or deleting the acts listed in this list or adding new spaces to the categories listed on the said list.
The update is published in the compendium of the administrative acts of the prefecture and the updated schedule of the departmental mining orientation schema can be consulted at the headquarters of the Guyana Prefecture and the subprefecture of Saint-Laurent-du-Maroni as well as on the prefecture website.
IV. ― An assessment of the Guyane Departmental Mining Orientation Scheme is prepared by the State Representative in the department no later than four years after the date of entry into force of the schema and no later than four years thereafter.
This assessment includes:
- the conditions for the implementation of the schema, its effects on the protection of the environment and its impact on the activity of mining operators and on the mining sector in the department;
– the advances made in the knowledge of the biodiversity and mineral resources of Guyana since the approval of the schema;
- if applicable, any modifications that could be made to the schema.
This assessment is transmitted to the local authorities of Guyana, to the departmental mining commission, to the consular chambers and is made available to the public at the headquarters of the prefecture and on the website of the prefecture.
Decree No. 2001-204 of 6 March 2001 on mining authorizations in overseas departments is amended as follows:
I. ― After the d of Article 3 the following provisions shall be inserted:
“e) In Guyane, where the application for a permit to operate covers a space included in zone 2 of the departmental mining orientation schema, the demonstration of the existence of a deposit that allows to assess the importance of the resource and its location with sufficient precision to avoid any damage to the unnecessary environment and ensure the optimal location and conduct of the site; "
II. ― After section 5 the following provisions are inserted:
"Art. 5 bis.-In Guyana, when the application concerns a space included in Area 2 of the Departmental Mining Guidance, the file provided for in Article 5 also includes:
― elements demonstrating the existence of a deposit and assessing the importance of the resource and its location with sufficient accuracy;
― the penetrating scheme of the forest mass proposed by the petitioner for the delivery of heavy equipment and the operation of the site;
― in the impact notice, an analysis of the initial status of the site, including on aquatic and terrestrial environments, an assessment of the effects of the project on the environment, the measures envisaged by the owner of the work or the petitioner to delete, reduce and, if possible, compensate for the harmful consequences of the project on the environment and health, as well as to rehabilitate the site, including the nature and terms of regestination, This enhanced impact notice must be in relation to the importance of planned work and developments and their predictable environmental impacts;
- the justification for the petitioner's accession to a charter of good practices approved by the representative of the State and respect for it.
Where the application relates to a space included in Area 3 of the Departmental Mining Orientation Scheme, the file provided for in Article 5 also includes:
― the penetrating scheme of the forest mass proposed by the petitioner for the delivery of heavy equipment and the operation of the site;
― the definition of the measures provided by the petitioner to rehabilitate the site after operation, including the nature and modalities of repetition envisaged. »
Decree No. 2006-648 of 2 June 2006 relating to mining titles and underground storage titles is amended as follows:
I. ― After the c of section 4 is inserted the following paragraph:
"(d) In Guyana, when the application concerns a space included in zones 1 or 2 of the departmental mining orientation scheme, the justification for the accession to a charter of good practices approved by the representative of the State and respect for it. »
II. ― At the end of section 11 is added the following paragraph:
"In the Department of Guyana, the Departmental Mines Commission invites representatives of the Amerindian Population Advisory Board and bushinenge, the Amazonian Park of Guyana, the National Forestry Board and the Guyane Water Office to participate in the session during which an annual report is examined, prepared by the Decent Mining Services, on mining and on the actions of the State. »
Decree No. 2006-649 of 2 June 2006 on mining, underground storage, and underground mining and underground storage is amended as follows:
I. ― Article 6 II is supplemented by the following provisions:
« 5° For the work listed in 1° and 2° of Article 3 projected in the Department of Guyana:
(a) When the work is located in Area 1 of the Departmental Mining Guidance schema and at the request of the competent authority, a preliminary analysis of the hydrographic networks and groundwater tablecloths that may be affected by the planned activities and natural pre-projected inventories carried out under conditions and in terms defined by scientific institutions;
(b) When the work is located in Area 2 of the Departmental Mining Orientation Plan, the elements demonstrating the existence of a deposit or the results of a mining prospecting that allows to assess the importance of the resource and its location with sufficient precision to avoid any damage to the unnecessary environment and ensure the optimal location and conduct of the site;
(c) When the work is located in areas 1 or 2 of the departmental mining orientation scheme, the justification for the petitioner's accession to a charter of good practices approved by the representative of the State and respect for it;
(d) When the work is located in areas 2 or 3 of the departmental mining orientation scheme, the definition of the measures provided by the petitioner to rehabilitate the site after exploitation, including the nature and modalities of repetition envisaged or an alternative project offering the same guarantees of rehabilitation;
(e) When the work is in zone 1.2 or 3, the penetrating pattern of the forest massif proposed by the petitioner for the delivery of heavy equipment and the operation of the site. »
II. ― Section 8 is supplemented by the following paragraph:
"In Guyana, when the declaration is made under the 1st of Article 4, the file also includes the documents referred to in the d and e of Article 6. »
The provisions of this Decree come into force on 1 January 2012.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, the Minister of Economy, Finance and Industry, the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, and the Minister to the Minister of the Government of France,
Done on 30 December 2011.
François Fillon
By the Prime Minister:
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
François Baroin
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
