I

Law 22/1973 of 21 July, of Mines, aims to establish the legal regime for the investigation and exploitation of mineral deposits and other geological resources, whatever their origin and state. physical.

The concept of exploitation encompasses the set of activities aimed at the exploitation, preparation, concentration or benefit of a mineral resource, including the rehabilitation of the natural space affected by the mining activities, in accordance with the principles of sustainable development and the minimisation of the effects caused by the work of the mines.

In fact, the Law of Mines, in a precursor form, is imbued with a protective philosophy of the environment, whose alles is that the obtaining and the benefit of a natural resource, as are the mineral resources, should only compromise in the smallest possible extent to the environment. In addition, there are currently numerous application technologies in the mining practice that allow the rehabilitation of the lands affected by the work, improving even the initial conditions for their use. The need to maintain the necessary balance between the obtaining of natural resources and the practice of technologies for the rehabilitation of environments requires the particular study of each case, in order to weigh the numerous and very diverse circumstances that are present in each operation and the requirements that arise from the characteristics of its natural environment, variables from one place to another.

The starting point for all these approaches is in article 5.3 of Law 22/1973, of 21 July, of Mines, according to which the Ministry of Industry (today Ministry of Industry, Tourism and Commerce) will carry out the appropriate studies to establish the conditions for the protection of the environment, which will be imperative in the use of all the mineral resources that are the subject of the Mining Act.

Already in 1982, the Royal Decree 2994/1982, of 15 October, was enacted on the restoration of the natural space affected by mining activities, in which the protection and conservation of the environment affected by the mining activities were priorities. This royal decree was developed according to the Ministerial Order of 20 November 1984 and was supplemented by Royal Decree 1116/1984 of 9 May on the restoration of the natural space affected by the open-pit coal and the rational use of these energy resources, developed by the Order of the Ministry of Industry and Energy of 13 June 1984, on rules for the preparation of plans for the exploitation and restoration of the natural space affected by the open-pit coal farms and the rational use of these energy resources.

Subsequently, the Order of 22 March 1988, approving technical instructions in addition to Chapters II, IV and XIII of the General Regulations of Basic Standards of Mining Safety, approved the Technical Instruction Additional 13.0.01 of Chapter XIII of the said Regulation "Suspension and abandonment of work" and the Order of 26 April 2000 approved the Supplementary Technical Instruction 08.02.01 of Chapter XII of the General Rules of Procedure Mining Safety "Deposits of sludge in processes of treatment of extractive industries". These two standards are also clearly linked to the protection and conservation of the environment affected by the work of mines and the benefit of natural mineral resources.

Date 11 April 2006 was published in the Official Journal of the European Union (Official Journal of the European Union) of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and on Directive 2004 /35/EC is amended.

Directive 2006 /21/EC is in line with the objectives of the Community environmental policy, according to which it is necessary to lay down minimum requirements for preventing or reducing as far as possible any adverse effects on the environment. the environment and human health derived from the management of waste from extractive industries, such as mine sterile, all-one bargains, rejections and process queues, and even plant and cover soil in certain conditions, provided that they constitute waste as defined in Law 10/1998 of 21 April 1998, Waste.

All in accordance with paragraph 24 of the Johannesburg Plan of Implementation on Sustainable Development, adopted in the framework of the United Nations at the 2002 World Summit, under which it is necessary to protect the natural resources that are the basis of economic and social development and reverse the current trend towards the degradation of natural resources, managing the basis of such resources in a sustainable and integrated way.

The incorporation into the Spanish internal system of Directive 2006 /21/EC, on the management of waste from extractive industries, is carried out, with a basic character, by means of this royal decree, through which seeks to unify and improve the provisions on environmental protection in the field of research and exploitation of mineral resources regulated by the Mining Act.

In this sense, it should be recalled that Royal Decree 2994/1982, of 15 October, regulates the restoration of natural spaces affected by mining activities and incorporates in its articulated the need to carry out a project storage of the waste to be generated by these activities. In addition, Chapter VIII of the General Regulation on Basic Safety Standards, approved by Royal Decree 863/1985 of 2 April 1985, lays down in Articles 118 and 119 that the waste, waste, rafts and dikes of sterile waste, Whatever their provenance, they shall be established in accordance with a duly approved project which considers their temporary and final stability.

Directive 2006 /21/EC requires the rehabilitation of the areas where the mining waste facilities have been located, as well as the pre-existing Spanish mining legislation.

The impact of this directive in our legal order justifies that by means of this royal decree it is intended to unify and improve, in whole or in part, the following provisions: Royal Decree 2994/1982, of 15 of October, on the restoration of the natural space affected by mining activities, Ministerial Order of 20 November 1984, Royal Decree 1116/1984 of 9 May, on the restoration of the natural space affected by the coal-to-sky farms and the rational use of these energy resources, Order of the Ministry of Industry and Energy, of 13 June 1984, Order of 26 April 2000 approving the Supplementary Technical Instruction 08.02.01 of Chapter XII of the General Regulation on Basic Safety Standards Mining of sludge in processes of treatment of extractive industries. "

With regard to the latter rule, it should be noted that the present royal decree adapted its provisions to the provisions of Directive 2006 /21/EC, while retaining at some points the greatest degree of restriction provided for in that Directive. order.

In short, the incorporation of Directive 2006 /21/EC into Spanish national law has not been done by copying its text with a high degree of literality, but through a conceptual elaboration that unifies and improves its provisions. with the provisions of other applicable rules in force.

Moreover, it is necessary to add that the provisions of Royal Decree 1116/1984 of 9 May on the restoration of the natural space affected by the open-pit coal holdings and the rational use of these Energy resources, developed by the Order of the Ministry of Industry and Energy of 13 June 1984 on rules for drawing up plans for the exploitation and restoration of the natural space affected by coal-to-sky farms In the case of the European Community, the Commission has already adopted a proposal for a They must remain in force as they do not relate to the rehabilitation of the affected area. For this reason, the regulation of the plans of exploitation, for greater clarity and better regulation, has been incorporated into the fourth provision of this royal decree.

Finally, it should be added that the activities of research or exploitation of hydrocarbons will be regulated by this royal decree only in relation to the management of the waste that they generate. In that which is not covered by this provision, Law 10/1998 of 21 April of waste shall apply.

II

With regard to the content of this rule, the preliminary title lays down general provisions, such as their subject matter, and scope of application, which is subjectively extended to those who carry out research and use regulated by Law 22/1973, of 21 July, of Mines, which are obliged to carry out, with their means, the works of rehabilitation of the natural space affected by both the mining tasks and their (a) services and facilities, including those where the mining waste is to be deposited.

From an objective point of view, the royal decree regulates the management of waste from the extractive industries on the mainland, that is, the waste resulting from the research and exploitation activities regulated by the Law 22/1973, of 21 July, of Mines.

Therefore, the provisions of this royal decree do not apply to those flows of waste generated by research and exploitation activities that are not directly related to mining activity, such as such as food waste, waste oils, end-of-life vehicles and spent batteries and accumulators, etc. The management of such waste should be governed by its own legislation, such as Law 10/1998 of 21 April, of Waste and the legislation that corresponds to the landfill of waste, as is the case for the mining waste that is subsequently transferred to another place that is not a mining waste facility within the meaning of this royal decree.

This royal decree also does not apply to the waste resulting from the investigation and exploitation of mineral resources under the Law of Mines, nor to the injection of water and the reinjection of water. underground.

Some types of mining waste are subject to a lower number of requirements in view of their lower environmental risks. However, there is no applicable derogation if the mining waste is deposited in a category A facility.

Although this royal decree also covers the management of mining waste which can be radioactive, it does not, however, cover those specific aspects of the radioactivity which are dealt with in the Treaty establishing the European Community. The European Atomic Energy Community.

III

Title I regulates the restoration plan. Chapters I and II set out the principles of action that govern the granting of the authorisation of the restoration plan by the competent authority in mining.

Because of the special nature of the management of mining waste, it is necessary to introduce specific procedures for the application and granting of authorisations, which are integrated into the existing ones, in relation to the wastes used to receive them. In addition, the necessary measures have been taken to ensure that the competent authorities again consider the conditions of authorisation on a regular basis, if necessary.

Finally, it has been guaranteed that, in accordance with the United Nations Convention on Access to Information, public participation in decision-making and access to justice in the field of environment, 25 of June 1998 (Aarhus Convention), the public is informed of any request for authorisation of the restoration plan which includes the waste management plan and the interested public is consulted prior to the granting of an authorisation. of the restore plan.

In Chapters III and IV of Title I, the objectives and contents of the restoration plan are developed, and their parts are described, with particular attention to the mine waste management plan.

It should be noted, first of all, that the concept of "restoration plan" has been maintained in accordance with the traditional terminology derived from Article 45.2 of the Constitution, although the concept of "restoration" is used in the text. rehabilitation, more accurate and successful, as rehabilitation is defined as the treatment of the land affected by the mining activities in such a way as to return the land to a satisfactory state, in particular as regards, as the case may be, the quality of soil, fauna, natural habitats, freshwater systems, landscape and uses appropriate benefits.

It is also worth noting the adaptation carried out in this royal decree of the nomenclature used by Directive 2006 /21/EC to the denominations of the various mining operations as defined in both the Mining Act as in the existing environmental enforcement provisions.

The provisions of these chapters are intended to ensure that operators in the extractive industries sector take all necessary measures to prevent or reduce as far as possible the actual or potential negative effects on the environment and the health of individuals as a result of the management of mining waste in particular and of mining activity in general.

It is also ensured that such entities develop appropriate waste management plans for prevention or minimisation, treatment, recovery and disposal of mining waste. These plans should be structured in such a way as to ensure the proper planning of waste management options in order to minimise their waste generation and harmfulness and to encourage their recovery. In addition, waste from extractive industries should be characterised in terms of composition to ensure that, as far as possible, they react only for the foreseeable future.

In order to minimise the possibility of accidents and to ensure a high level of protection of the environment and the health of people, it is required that each operator of a waste facility should category A adopt and implement a policy of prevention of serious accidents involving mining waste. As far as preventive measures are concerned, this implies the establishment of a system for the management of safety and the delivery of emergency plans in the event of an accident, as well as the dissemination of safety information to persons who could be affected by a major accident. In the event of an accident, operators are required to provide the competent authorities with all relevant information to mitigate the actual or potential damage to the environment. These particular requirements should not apply to waste facilities from the extractive industries falling within the scope of Royal Decree 1254/1999 of 16 July 1999 laying down measures for the control of the waste risks inherent in major accidents involving dangerous substances and subsequent modifications.

A mining waste facility should not be classified in category A solely on the basis of the risks to the protection of the safety and health of workers in the extractive industries covered by other legislation.

It is necessary to clearly state the requirements to be required for mining waste facilities in terms of their location, operation, monitoring, closure, closure and prevention and protection measures to be taken against all damage to the environment, from a short and long-term perspective, and more especially against the contamination of groundwater by the infiltration of leachate into the soil.

It is necessary to define clearly the classes of waste facilities of category A used for mining waste, taking into account the likely effects of the pollution resulting from the operation of these installations or accidents involving the leakage of waste from the facility.

On the other hand, the mining waste placed in the hollows of the farms for rehabilitation or for construction purposes related to the activities of exploitation of the mining resource, such as the construction or the maintenance of gaps for the access of machinery, transport ramps, perimeter channels, safety barriers or support walls must also be subject to certain requirements to protect surface and ground water, ensure the stability of such waste and ensure adequate monitoring with after the cessation of these activities. Accordingly, the waste referred to above should not be subject to the requirements of this royal decree relating exclusively to 'mining waste facilities', except for the requirements that are expressly mentioned in its specific provision.

With a view to ensuring the proper construction and maintenance of mining waste facilities, it is the responsibility of the operator to ensure that the design, the decision on the location and the construction of the mining waste facilities are made by technicians with the required certification by law. In addition, the management of the facilities will be in charge of the Optional Director, in accordance with article 117.3 of the Mining Act. In the case of subcontracting to external companies the work of managing the waste facility, the supervision of the waste facility will also fall to the figure of the Optional Director. In addition, the competent authorities should be able to verify to their satisfaction that the operators take the appropriate measures with regard to the construction and maintenance of any new waste facility or in respect of any other waste facility. extension or modification of an existing waste facility, including the post-closure and decommissioning phase.

Control procedures have been established during the operation or operation phase and the post-closure maintenance and control phase of the mining waste facility. A period of post-closure and decommissioning management has also been established for the maintenance and control of mining waste facilities, proportional to the risk posed by each individual waste facility, in accordance with the prescribes legislation relating to the landfill of waste.

The time and modalities for closing and closing the mining waste facilities have been defined and the obligations and responsibilities of the operator have been established during the period after the end of the period. closing.

Exploitative entities in the extractive industries should apply the best available techniques for monitoring and control of management to prevent contamination of water and soil and identify any adverse effects. that their mining waste facilities can have on the environment and the health of the people. In addition, in order to minimise water pollution, the landfill of waste in any water body should be carried out in accordance with the provisions of the Water Act. In addition, in view of its harmful and toxic effects, it is necessary to reduce the concentrations of cyanide and cyanide compounds from certain extractive industries to the lowest possible levels by means of the best techniques. available. Maximum concentration thresholds should therefore be established to prevent such effects, in any case, following the specific requirements of this Royal Decree.

In addition, special mention is made of the external emergency plan to be carried out by the competent authority when the investigation and use of mineral resources is carried out by a category A waste facility. The external emergency plan shall be drawn up prior to the authorisation of the restoration plan and shall specify the measures to be taken outside the mining area.

IV

In Title II, the provisions related to the environmental responsibility of the holder of the research and exploitation of mineral resources are developed.

The operator is required to provide two financial guarantees or equivalent guarantees to ensure compliance with the provisions of the approved restoration plan.

The first financial guarantee or equivalent is intended to ensure that the operator is able to meet the obligations arising from the authorisation of the restoration plan as regards the holding and the facilities for the preparation, concentration and benefit of mineral resources. This financial guarantee or equivalent must be sufficient to cover the cost of rehabilitation, by an independent and suitably qualified third party, of the land affected by the holding and the facilities for preparation, concentration and associated benefit.

The second financial guarantee or equivalent is intended to ensure that the operator can meet all obligations arising from the fulfilment of the conditions imposed in the authorisation of the plan of restoration for the management and rehabilitation of the natural space affected by the mining waste facilities, including those related to the closure and closure of the mining waste. This financial guarantee or equivalent must be sufficient to cover the cost of rehabilitation, by an independent and suitably qualified third party, of the land affected by the waste facilities, including the facilities of waste itself, as described in the waste management plan. This guarantee shall be established before the start of the landfill operations at the mining waste facility and shall be adjusted periodically.

On the mining waste facilities there is also the financial guarantee associated with environmental liability regulated by Law 26/2007, of 23 October, of environmental liability, which is not subject to the present royal decree.

In the case of the operation of mining waste facilities which may have significant adverse transboundary effects on the environment or any other risk to human health in the territory of another State Member, from the Ministry of Foreign Affairs and Cooperation will facilitate consultations among neighboring countries. It should be ensured that there is an appropriate exchange of information between the authorities and that the public concerned is duly informed of waste facilities which may have adverse effects on the environment in the other State. member.

V

In Title III of this Royal Decree, it has been ensured that the competent authorities organise an effective system of inspections or equivalent control measures with regard to research and the use of resources. minerals and, in particular, mining waste facilities. Without prejudice to the obligations imposed in the authorisation of the restoration plan to the operator, prior to the start of the discharges at the premises there must be an inspection to verify that the conditions of the plan are met. authorisation. In addition, it is ensured that the operators and their successors carry an updated Register of such waste facilities and that the operators transmit to their successors information on the status of the waste facility. waste, control data and the activities carried out therein.

VI

In Title IV, it is stated that the sanctioning regime applicable in the event of non-compliance with the provisions of this royal decree is determined by the Law of Mines, in Law 10/1998 of 21 April, of Waste, as regards the management of mining waste and in Law 26/2007 of 23 October on environmental liability, thereby complying with the provisions of the Directive. These sanctions are intended to be effective, proportionate and dissuasive.

VII

An inventory of decommissioned mining waste facilities, including abandoned facilities located in Spanish territory, will be drawn up within four years in order to determine those that have an impact. (a) a serious negative environmental condition or a threat to the health of persons or to the environment in the medium or short term. This inventory will serve as a basis for an appropriate programme of measures in the field of state and autonomous communities.

The European Commission provides for an appropriate exchange of scientific and technical information on how to draw up the inventory of the closed mining waste facilities in each Member State and on the development of methodologies to assist Member States in the implementation of the Waste Management Directive of the extractive industries as regards the rehabilitation of decommissioned waste facilities. It also provides for an exchange of information in and between Member States on the best available techniques.

The existing mining waste facilities have also been taken into account at the time of transposition into Spanish law of Directive 2006 /21/EC in order to take the necessary measures within the time limit. specified, for its adaptation to the requirements it contains, transposed into this royal decree.

The autonomous communities and cities of Ceuta and Melilla have been consulted and the most representative sectors potentially affected, including their contributions and improvements. In addition, this royal decree has been reported by the National Civil Protection Commission.

The regulation of the management of waste from mining operations provided for in this royal decree is of a basic nature and is dictated by the provisions of Article 149.1.23. exclusive competence on basic legislation on the protection of the environment. In turn, the regulation of the rehabilitation of the space affected by the rest of the activities of the mining companies provided for in this royal decree is of a basic nature and is dictated by the provisions of Article 149.1.25. Constitution which gives the State exclusive competence on the basis of the mining and energy regime.

In this respect, it should be noted that the regulation adopted is of a basic regulation and contains provisions of a markedly technical nature, which is why the law is not an appropriate instrument for its establishment and finds its approval justified by royal decree.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade and the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the Minister of Public Administrations, according to the Council of State, and after deliberation by the Council of Ministers at its meeting on 12 June 2009

DISPONGO:

Index.

Preliminary title.

General provisions.

Article 1. Object.

Article 2. Scope.

Title I. Restore Plan.

Chapter I. Authorization of the restore plan.

Article 3. Restoration plan: general requirements and contents.

Article 4. Request for authorization of the restore plan.

Article 5. Authorization of the restore plan.

Article 6. Public participation.

Article 7. Review of the restore plan.

Chapter II. Special case authorizations

Article 8. Mining cotes.

Article 9. Sections B) of the Mining Act.

Article 10. Permits to investigate the Law of Mines.

Article 11. Temporary benefit establishments not linked to mining holdings.

Chapter III. Parts I, II and III of the restoration plan.

Article 12. Part I: Detailed description of the planned environment for the development of mining work.

Article 13. Part II: Measures planned for the rehabilitation of the natural space affected by the research and exploitation of mineral resources.

Article 14. Part III: Measures planned for the rehabilitation of services and facilities related to the research and exploitation of mineral resources.

Article 15. Definitive abandonment of the use of the work.

Chapter IV. Part IV of the restoration plan: The waste management plan.

Section 1. General Aspects of the Waste Management Plan.

Article 16. Scope.

Article 17. Objectives of the mining waste management plan.

Article 18. Content of the mining waste management plan.

Article 19. Definition, content and structure of the construction project of mining waste facilities.

Section 2. Choice of site for a mining waste facility.

Article 20. Choice of site for a mining waste facility.

Section 3. Studies of the area chosen for the location of the mining waste facility.

Article 21. Studies of the area chosen for the location of the mining waste facility.

Article 22. Geological-geotechnical study of the site of a mining waste facility.

Article 23. Hydrogeological study of the site of a mining waste facility.

Article 24. Hydrological study of the site of a mining waste facility.

Section 4. Design and construction of a mining waste facility.

Article 25. Design and construction of a mining waste facility.

Article 26. Study of materials to be used in construction.

Article 27. Geotechnical stability studies.

Article 28. Seismological and seismic resistant studies.

Article 29. Constructive project of mining waste facilities not included in category A.

Section 5. Operation or operation of a mining waste facility.

Article 30. Operation or operation of a mining waste facility.

Article 31. Optional address.

Section 6. Track and periodic inspections of a mining waste facility.

Article 32. Monitoring and periodic inspections of a mining waste facility.

Section 7. The closing and closing of a mining waste facility.

Article 33. Closure and closure of a mining waste facility.

Article 34. Project to close and close a mining waste facility.

Section 8. th Maintenance and post-closure control of a mining waste facility.

Article 35. Maintenance and control after the closure of a mining waste facility.

Section 9. Other Content.

Article 36. Reuse or disposal of mining waste deposited in the facility.

Article 37. Severe accident prevention policy.

Article 38. Security management system.

Article 39. Internal emergency plan.

Article 40. External emergency plan.

Title II. Financial guarantees or equivalents

Article 41. Generalities.

Article 42. Financial guarantee or equivalent for the rehabilitation of the natural space affected by the exploitation, preparation, concentration and benefit of mineral resources.

Article 43. Financial guarantee or equivalent for the fulfilment of the conditions imposed in the authorisation of the restoration plan for the management and rehabilitation of the natural space affected by the mining waste facilities.

Title III. Cross-border inspections and effects.

Article 44. Inspections by the competent authority.

Article 45. Cross-border effects.

Title IV. Sanctioning regime.

Article 46. Sanctioning regime.

Additional disposition first. State reserves.

Additional provision second. Inventories.

Additional provision third. Best techniques available.

Additional provision fourth. Open-pit coal holdings. Rational use of these energy resources.

Additional provision fifth. Obligation to inform the European Commission.

Additional provision sixth. Recognition of guarantees.

First transient disposition. Mining waste facilities in operation.

Second transient disposition. Files on processing.

Transitional provision third. Maximum period for the establishment of the financial guarantee or equivalent for the rehabilitation of the natural space affected by the exploitation, preparation, concentration and benefit of mineral resources.

Single repeal provision. Regulatory repeal.

Final disposition first. Incorporation of European Community law.

Final disposition second. Basic character and competence title.

Final disposition third. Enabling for updating the attachments.

Annex I.a. Characterization of mining waste.

Annex I.b. Definition of inert mining waste.

Annex II. Classification of mining waste facilities.

Annex III. Control bodies.

Annex IV. Financial guarantees and inspections.

Annex V. Rules for the elaboration of the operating plans in the mining of open-pit coal.

PRELIMINARY TITLE

General provisions

Article 1. Object.

This royal decree aims at the establishment of measures, procedures and guidelines to prevent or reduce as far as possible the adverse effects on the environment, in particular on water, air, soil, fauna, flora and landscape, and risks to human health can produce research and use of mineral deposits and other geological resources, and, fundamentally, the management of mining waste.

Article 2. Scope.

1. This royal decree will apply to all research activities and the exploitation of mineral deposits and other geological resources.

Research shall be understood as a set of works carried out within a demarcated perimeter and for a specified period of time, aimed at highlighting one or more geological resources regulated in the Mining Act.

The use of all activities for the exploitation, storage, preparation, concentration or benefit of mineral deposits and other geological resources regulated in the Mining Act shall be understood as including the rehabilitation work of the spaces affected by the mining activity.

This royal decree will apply to the activities of research and exploitation of hydrocarbons only in respect of the provisions relating to the management of the waste that are derived from them and adapted to their particular conditions.

2. The operator, owner or tenant of the original or transmitted mining right, which carries out research and exploitation activities governed by Law 22/1973 of 21 July, of Mines, is obliged to carry out, with its means, the works to rehabilitate the natural space affected by the mining operations as well as for its services and facilities, in the terms that this royal decree provides. It should also address the management of mining waste that its activity generates focused on its reduction, treatment, recovery and disposal.

3. In this case, the Law 10/1998, of 21 April, of Waste will apply to the non-regulated in this provision in relation to the mining waste.

4. They are excluded from the scope of this royal decree:

a) The research and exploitation activities of mineral resources.

(b) The injection of water containing substances resulting from the research and exploitation of mineral resources, as well as the injection of water for technical reasons in geological formations from which some of the substances have been extracted substance included in the field of application of the Mining Act, or in geological formations which for natural reasons are not appropriate, in a permanent manner, for other purposes. Such injections shall not contain substances other than those resulting from the above operations.

c) Reinjection of pumped groundwater from mines and quarries.

TITLE I

Restore Plan

CHAPTER I

Authority of the restore plan

Article 3. Restoration plan: general requirements and contents.

1. The operator is obliged to take all necessary measures to prevent or reduce as far as possible any adverse effects on the environment and on the health of persons arising from the investigation and use of resources. minerals. These measures shall be based on the best available techniques and shall include the management of mining waste and all waste facilities after closure, where appropriate, as well as the prevention of major accidents. that may occur in the facility, and the limitation of its consequences for the environment and human health.

2. The abandonment, dumping or uncontrolled deposit of mining waste is prohibited.

3. In order to reduce to a minimum during the development of the operation the negative effects caused to the environment and the risks of deferring the rehabilitation to more advanced phases of the operation, in the plan of restoration they must be justified phases of the planned rehabilitation. In any event, the restoration and exploitation plans shall be coordinated in such a way as to ensure that the rehabilitation work is carried out as soon as possible as the operation is carried out.

Only the beginning of the rehabilitation at the end of the life of the farm shall be permitted in duly justified and documented cases for the purposes of technically carrying out the work.

4. The restoration plan shall be structured as described below, and shall contain at least:

Part I: Detailed description of the planned environment to develop mining operations.

Part II: Measures planned for the rehabilitation of the natural space affected by the research and exploitation of mineral resources.

Part III: Measures planned for the rehabilitation of services and facilities related to the research and exploitation of mineral resources.

Part IV: Waste Management Plan.

Part V: Schedule of execution and estimated cost of rehabilitation work.

5. Any restoration plan, including the waste management plan, shall be directed and signed by a competent technician with the required certification by law.

6. Also, all technical studies of support, testing, analysis, etc. commissioned for the preparation of the restoration plan and which are attached to it must be developed and signed by competent technicians, without prejudice to the technical Signer of the plan makes them their own by including them in the submitted documentation.

7. For the purposes of this royal decree:

(a) Rehabilitation: the treatment of the land affected by the mining activities in such a way as to return the land to a satisfactory state, in particular as regards, as the case may be, the quality of the soil, the fauna, natural habitats, freshwater systems, landscape and appropriate beneficial uses.

(b) exploitative entity: that which carries out any activity regulated in Law 22/1973, of 21 July, of Mines.

c) Mining wastes: those solid waste or sludge remaining after the investigation and use of a geological resource, such as mine waste, all one's bargains, rejections, abandoned byproducts, and process queues and even plant soil and cover under certain conditions, provided that they constitute waste as defined in Law 10/1998 of Waste.

d) Hazardous mining waste: those mining waste that is classified as hazardous in the current hazardous waste legislation.

e) Ininert mining residuum: the one that does not undergo any significant physical, chemical or biological transformation. Inert waste is not soluble or combustible, nor does it react physically or chemically in any other way, nor are they biodegradable, nor negatively affect other materials with which they come into contact, so that they can cause pollution of the environment or damage to human health. The total leachiness, the content of pollutants in them and the ecotoxicity of the leachate must be negligible, and in particular they should not pose a risk to the quality of surface water or groundwater. The specific characteristics of inert mining waste are developed in Annex I.b.

f) Uncontaminated soil: the one that is removed from the upper layer of the land during the investigation and use and which, according to the current legislation, is considered not to be contaminated. It usually comprises plant soil and pre-sterile mine cover.

g) Installation of mining waste: any designated area for the accumulation or deposition of mining waste, either in solid or liquid form or in solution or suspension, for the following durations:

1. No deadline for category A mining waste facilities and mining waste facilities characterized as hazardous in the mine waste management plan.

2. No longer than six months for hazardous mining waste facilities generated that were not foreseen.

3. No longer than one year for non-hazardous non-inert mining waste facilities.

4. No longer than three years in the case of facilities for non-contaminated soil, non-hazardous waste from research work, inert mining waste and mining waste resulting from the use of peat.

Any dam or other structure that serves to contain, retain or confine mining waste or has another function in the facility is considered to be part of such facilities, as well as, inter alia, the tailings. and the rafts. The exploitation holes filled with mining waste after the use of the mineral for rehabilitation or construction purposes do not have the consideration of mining waste facilities, although they are subject to the provisions of the Article 13.

h) Public: one or more natural or legal persons and associations, organizations or groups of such persons.

i) Public interest: public concerned, or which may be affected by the decision-making process of this royal decree, or which has an interest in it. Environmental non-governmental organisations shall be considered to be interested in the process, provided that they comply with the existing provisions that apply to them.

j) Escombrera: a mining waste facility built for the deposit of solid surface mining waste.

k) Balsa: a natural or constructed mining waste facility for the disposal of fine-grained mining waste together with various amounts of free water resulting from the treatment and benefit of mineral and mineral resources. rinsing and recycling the water used for such treatment and benefit.

l) Dissociable cyanide in weak acid: cyanide and cyanide compounds that dissociate with a weak acid at a determined pH.

m) Lixiviate: any liquid that is filtered through the deposited mining waste and which comes from a mining waste facility or is contained therein, including contaminated drainage that may have an effect negative on the environment if not properly treated.

n) Substantial change: any change in the structure or operation of a mining waste facility which, in the opinion of the competent authority, may have significant negative effects on the health of persons or on the environment.

n) Serious accident: an event at the site during an operation that forms part of the management of mining waste in any of the establishments to which this royal decree applies, which will enter for the human health or for the environment a serious danger, either immediately or over time, at the site itself or outside the site.

o) extractive industry: all establishments and companies engaged in the surface or underground extraction of mineral resources for commercial purposes, including drilling or the treatment of extracted matter.

p) Submarine: The sea and sea floor area that extends from the bottom line of normal or middle tides to the sea.

q) Treatment: Preparation, concentration, and benefit. The process or the combination of mechanical, physical, biological, thermal or chemical processes that apply to mineral resources in order to extract the mineral, and which includes the change of size, classification, separation, leachate and the reprocessing of previously discarded mining waste, but excludes merger operations, industrial thermal processes (other than limestone incineration) and metallurgical processes.

r) Presa: a structure built and designed to contain water or mining waste in a raft.

s) Best available techniques: best available techniques as defined in Article 2 (11) of Directive 96 /61/EC.

t) Establishment of benefit: Establishment for the preparation, concentration and benefit of mineral resources, as provided for in Article 112 of the Mining Act.

Article 4. Request for authorization of the restore plan.

1. Prior to the granting of an authorization, permit or concession governed by Law 22/1973 of 21 July of Minas, the applicant shall submit to the competent authority in mining a plan of restoration of the natural space affected by the mining work, the content of which will be adjusted to the provisions of this royal decree, taking into account the aspects of its activity that may have negative effects on the environment or the health of the people. Such a plan shall accompany the documentation corresponding to the application for authorisation, permit or grant.

The applicant shall accredit the competent authority which, in accordance with the law of public sector contracts, has sufficient capacity and economic and financial and technical or professional solvency to ensure compliance with the restoration plan.

2. No authorisations, permits or concessions under the Mining Act may be granted without the approval of a restoration plan and, once granted, no work may be initiated until the corresponding guarantees have been lodged. financial or equivalent to ensure compliance.

3. The application for authorisation of the restoration plan shall contain at least the following information and shall indicate clearly the proposal for a category of waste facilities, if applicable:

a) Identity of the operator.

b) A restoration plan that will include the mine waste management plan as referred to in Articles 16, 17 and 18 and the proposed location of waste facilities, as well as any other locations alternatives.

(c) Proposition of financial collateral or corresponding equivalent, as provided for in Articles 41, 42 and 43.

(d) Information necessary to enable the competent authority to draw up the external emergency plan in case the holding has a mining waste facility classified as A, excluding those in the holding the scope of Royal Decree 1254/1999 of 16 July 1999 laying down measures for the control of the risks inherent in major accidents involving dangerous substances and subsequent modifications.

e) In cases where it is necessary to process environmental impact assessment of the project in accordance with the current regulations, documentary justification for the compliance with this procedure before the competent body.

Article 5. Authorization of the restore plan.

1. The mining competent authority, in the light of the restoration plan submitted, may authorise it, require extensions or make amendments to it, subject to a report from the competent environmental authority.

Reports may be requested, where appropriate, from other organs of the Administration deemed necessary. Where the implementation of the restoration plan may pose a risk to human health, the report of the competent health authority shall be required.

2. The authorization of the restoration plan shall be carried out in conjunction with the granting of the research permit, the authorization or the concession of exploitation, and shall be considered as a special condition of that mining title. The rehabilitation of the natural environment affected by the mining work as well as its services and facilities cannot be ensured through the restoration plan.

3. The competent authority shall only grant the authorisation of the restoration plan if it considers that the operator fulfils all the relevant requirements of this royal decree.

In addition, the competent authority shall verify that the management of the mining waste does not conflict or interfere in any other way with the implementation of the plan or the waste management plans referred to in the Law 10/1998, of 21 April, of Waste,

4. For the purposes of this Royal Decree, the competent authorities shall classify the waste facilities described in the restoration plan, on the basis of the classification proposal made by the operator and with the criteria to be applied. set out in Annex II.

The authorisation of the restoration plan shall include the authorisation of the waste management plan and, in particular, the authorisation of the start of activity or construction of the mining waste facility and shall clearly indicate its category.

5. The competent authorities shall review the conditions for the authorisation of the waste management plan, every five years and if necessary, when:

(a) There are substantial changes affecting its content, in particular the characterization of mining waste and the exploitation or operation of mining waste facilities.

(b) The results of the monitoring of the mining waste facilities provided by the operator under Article 32 are recommended or recommended by the result of the inspections carried out by the authority. competent, as provided for in Article 44.

c) When information about substantial changes in the best available techniques is recommended.

6. The information contained in the authorisation of the restoration plan shall be made available to the competent national and Community statistical authorities requesting it for statistical purposes. Sensitive information of a purely commercial nature, such as that relating to inter-company relations and their disaggregated costs, the volume of mineral reserves of economic importance, etc. shall not be made public.

7. In the event of termination of the work by the operator by exhaustion of the resource, waiver of the mining title or any cause, the competent authority shall not accept the waiver or authorize the expiration of the title or the cessation of the work in either the approved restoration plan has not been implemented as appropriate, in accordance with the provisions of Articles 3.3, 42 and 43.

Article 6. Public participation.

1. To avoid duplicity of processes and documents, when carrying out the research project or the use of mineral resources requires the process of environmental impact assessment, the process of public information included in it shall also include public participation in relation to the authorisation of the restoration plan, provided that the matters identified in paragraph 3 of this Article are included.

2. If the environmental impact assessment is not required for the authorization of the research project or the use of geological-mining resources, the documentation included in the management plan of the project must be submitted to the public participation. waste and in the policy document for the prevention of serious accidents, where appropriate.

3. Once the documentation has been completed in accordance with the provisions of the previous articles, a public information period will be opened in the authorization procedure of the restoration plan, which will not be less than 30 days before the public be able to participate effectively. For the conclusion of this procedure, the following matters shall be reported to the public:

a) The request for authorization of the restoration plan in which the request for authorization of the mining waste facilities is included.

(b) Where applicable, the fact that the authorisation of the restoration plan referred to in subparagraph (a) is subject to consultations with another Member State, in accordance with Article 45.

(c) The identification of the competent authorities responsible for the authorisation of the recovery plan referred to, from which relevant information may be obtained, from those to which comments may be made or questions and timing for the submission of observations or the formulation of questions.

d) Proposal for a resolution regarding the restoration plan and the authorization for the installation of mining waste.

(e) Where appropriate, a description of the proposed modification of the restoration plan, and in particular of the modifications affecting the installation or the waste management plan.

(f) An indication of the dates and locations in which the relevant information will be provided, or of the means by which it will be reported.

g) The determination of public participation procedures.

4. The processing of public information shall be required when the conditions for the authorisation of the restoration plan are changed, in particular those relating to the installation or the waste management plan, in accordance with Article 5.5.

5. The public concerned shall have the right to express comments and opinions to the competent authority before the restoration plan is authorised and within a period of time, which may in no case be less than 30 days after the publication of the agreement opening of the public information period. In addition, the main reports and opinions addressed to the competent authority during the public participation procedure, as well as any other additional information relevant to the issue, should be made available to the public concerned. a resolution that is only available after the procedure is held.

6. The results of the consultations held in accordance with this Article shall be duly taken into account in the adoption of the resolution on the restoration plan.

7. Once the approval of the restoration plan has been resolved, the competent authority shall inform the public concerned of the content and reasons of the decision by means of the appropriate procedures, making it available to the public. of the same.

8. In the category A waste facility:

a) The processing of public information will be mandatory and will be carried out at an early stage in the elaboration or review of the external emergency plan associated with the installation. To this end, the public concerned shall be informed of any proposal in this respect and the relevant information, including, inter alia, the right to participate in the decision-making process and the information relating to it, shall be made available to the public. competent authority to which comments and questions may be submitted.

(b) In the preparation of the external emergency plan the public concerned shall have the right to express observations within established time limits and, in the decision on the external emergency plan, duly taken into account those observations.

9. In the context of their bilateral relations, Spain, through the Ministry of Foreign Affairs and Cooperation, shall ensure that, in the cases referred to in Article 45, applications are also made available for an appropriate period of time. (a) the public concerned of the potentially affected Member State in such a way that the Member State may participate in the process of drawing up the plan before the competent authority gives the relevant decision.

Article 7. Review of the restore plan.

Without prejudice to Article 5, the restoration plan shall be reviewed every five years by the operator and, where appropriate, amended if substantial changes have occurred affecting the recovery plan. included in it, including changes in the final use of the soil after the completion of the use. Any amendments shall be notified to the competent authority for authorisation.

CHAPTER II

Special Assumption Authorizations

Article 8. Mining cotes.

When geological, geomorphological or environmental reasons advise the realization of a joint restoration plan for the use of mineral resources by different exploitative entities, the Administration may impose the creation of a mining coto in accordance with the Mining Act and its Rules of Procedure. The relevant consortium shall determine the obligations of each operator in the implementation of the restoration plan.

Article 9. Sections B) of the Mining Act.

Section B resource holders will present the documents that are set out in this royal decree, adapted to their specific conditions.

Article 10. Permits to investigate the Law of Mines.

The holders of research permits under the Law of Mines will present the documents that are established in this royal decree, adapted to their specific conditions.

Article 11. Temporary benefit establishments not linked to mining holdings.

The holders of temporary benefit establishments not linked to mining holdings shall submit the documents set out in this royal decree, adapted to their specific conditions.

CHAPTER III

Parts I, II, and III of the restore plan

Article 12. Part I: Detailed description of the planned environment for the development of mining work.

1. Part I of the restoration plan, 'Detailed description of the intended environment for the development of mining work', shall contain at least the following:

(a) Description of the physical environment: geology, hydrology and hydrogeology, edaphology, climatology, vegetation, fauna, landscape and other elements that allow to define the environment.

b) Definition of the socio-economic environment of the area: pre-existing benefits, geographical situation, land use, demography, employment, infrastructure, historical, archaeological and paleontological areas of interest interest.

(c) Where appropriate, identification of the area of use and its surroundings, with the expression of the places intended for the exploitation, access, facilities, etc.

(d) Epitome of the characteristics of the use of the resource, such as description of the methods of exploitation, preparation, concentration or benefit after which the mineral resource is submitted, mining waste resulting, affected areas and measures necessary to prevent or reduce dust emissions.

2. Part I of the restoration plan, in order to avoid duplication, may be understood to be completed if the operator presents the competent authority in the relevant document with the same content during the assessment phase of the restoration plan. environmental impact, if this is necessary according to the Royal Legislative Decree 1/2008, of 11 January, approving the recast text of the Law of Environmental Impact Assessment of Projects, and subsequent modifications.

Article 13. Part II: Measures planned for the rehabilitation of the natural space affected by the research and exploitation of mineral resources.

The operator shall adopt measures for the rehabilitation of the natural space affected by the research and exploitation of mineral resources according to the type of rehabilitation that has been considered according to the final uses of the soil as a natural, agricultural, leisure, industrial or other legal space.

Part II of the restoration plan, "Measures envisaged for the rehabilitation of the natural space affected by the research and exploitation of mineral resources" shall contain at least a description of the following aspects, where appropriate depending on the type of rehabilitation to be performed:

1. Remodelling the terrain.

(a) Where the operator fills in own or external mining waste the operating gap created, either on the surface or by the interior, shall describe the necessary measures taken into account to ensure the compatibility of the location of the gap with the mining waste repository, ensuring the stability of these wastes, preventing contamination of the soil, surface water and groundwater under the legislation in force for this purpose and ensure their maintenance and post-rehabilitation control, all in accordance with the following rules: The provisions of Articles 20 to 35 of the present royal decree.

(b) In addition, in the event that the restoration plan is provided for in the restoration plan, the necessary measures must be taken to prevent or minimize the deterioration of the state of the resource. the waters and the contamination of the soil in accordance with the provisions, mutatis mutandis, in the Articles 20 to 35. The operator shall also provide the competent authority with the information necessary to ensure compliance with the water legislation.

(c) Where the operator fills in mining waste other than the operating gap, either on the surface or through the work of the interior, it shall record and certify the origin and nature of the waste, ensuring its environmental compatibility with the hole in which they are to be deposited, and noted in the Register Book as defined in Article 32, which shall be at the disposal of the competent authority.

(d) When the operator fills in waste from non-mining sources the operating gap, either on the surface or through the work of the interior, shall register and certify, without prejudice to the current rules of waste and, The Commission shall, in accordance with the procedure laid down in Article 32, provide for the disposal of waste by deposit in landfill, which shall apply to it, the origin and nature of such waste, as set out in Article 32. competent.

2. Revegetation processes.

a) Revegetation goals.

b) Labors of surface preparation to be revegetated.

c) Subsequent extension of plant soil and appropriate combination of appropriate hydroseeding materials, where appropriate.

d) Selection of species for revegetation of the area, with justification of the selection made in order to the probabilities of success according to the climatic and soil characteristics and its suitability for the rehabilitation of the environment.

e) Description of planting and planting.

3. In the case of public works in which mobile plants of benefit are used, the rehabilitation of the affected area shall cover only the return of the land to its own natural conditions. For other rehabilitation alternatives, the authorisation of the relevant restoration plan shall be required by the competent authority.

4. Description of other possible rehabilitation actions.

a) Rehabilitation of mining tracks, accesses and affected environment. Description of measures for the landscape integration, stability of slopes and diversion of surface runoff.

b) Surface fillers.

c) Measures to prevent possible erosion. Measures to reduce possible wind erosion, concentrated runoff and diffuse runoff.

d) Landscape protection. Measures to adapt geometrical shapes to the environment and integrate all areas affected by the activity into the landscape.

5. Preliminary draft final abandonment of work.

Article 14. Part III: Measures planned for the rehabilitation of services and facilities related to the research and exploitation of mineral resources.

Part III of the restoration plan, "Measures planned for the rehabilitation of services and facilities related to the research and exploitation of mineral resources" shall contain at least a description of the following: aspects, where appropriate, depending on the type of rehabilitation planned:

1. Ancillary facilities and services.

(a) Decommissioning and rehabilitation of areas where preparation facilities, concentration plants and plants for the benefit of the holding are located.

b) Decommissioning and rehabilitation of areas of ancillary facilities such as ships, buildings, civil works, etc.

2. Mining waste facilities.-The rehabilitation of the space affected by the mining waste facilities is regulated in the mine waste management plan.

Article 15. Definitive abandonment of the use of the work.

1. Within Part II of the restoration plan, and in close relation to the remainder of the rehabilitation work, the operator shall present a preliminary draft of the final disposal of the recovery work.

2. At the end of the use, where the operator must undertake the final rehabilitation and abandonment of the holding, it shall submit to the competent authority in respect of mining safety, a draft of the (a) a definitive abandonment of work to justify the measures taken and to take to ensure the safety of persons and property.

3. Once authorised, with the modifications that the competent authority in the field of mining safety considers, the operator shall execute the corresponding works and, after completion, shall communicate it to the operator, requesting the authorisation of final abandonment of the holding.

4. The definitive abandonment of the use of the work may be considered to have been carried out only after the competent authority in the field of mining safety has carried out a final inspection on the spot within one year. evaluated all the reports submitted by the operator and communicated to the operator its authorisation for the abandonment, and provided that it has been certified through a control body complying with the provisions of Annex III to the present royal decree that the final situation of the land affected by the exploitation of mineral resources and its ancillary facilities and services do not pose any danger to the safety of persons and have communicated to the operator its authorisation for abandonment.

5. The authorisation of the abandonment by the competent authority shall in no case diminish the responsibilities of the operator in accordance with the conditions of the authorisation or other legal obligations.

6. If the operator is to abandon the use and its ancillary facilities and services without having obtained the appropriate authorisation from the competent authority, the competent authority shall subsequently take the security measures. precise to safeguard the security and interests of third parties, without prejudice to administrative sanctions and liability.

CHAPTER IV

Part IV of the restoration plan: The Waste Management Plan

Section 1-General Aspects of the Waste Management Plan

Article 16. Scope.

The management of mining waste does not include those that do not directly result from research and exploitation, even if they are generated in the development of these activities, such as food waste, waste oils, batteries, end-of-life vehicles and other analogues, which shall be governed by Law 10/98 of 22 April of Waste and its provisions for development.

Article 17. Objectives of the mining waste management plan.

1. The operator shall carry out a mine waste management plan focusing on its reduction, treatment, recovery and disposal taking into account the principle of sustainable development.

In the mine waste management plan, the operator will ensure that this waste is managed in a way that does not endanger people's health and without using processes or methods that can damage the environment. In particular, the environment and, in particular, risks to water, air, soil, fauna or flora, without causing discomfort due to noise or bad odours and without adversely affecting the landscape or places that represent a special interest.

2. The objectives of the mine waste management plan shall be:

a) Prevent or reduce the production of mining waste and its harmfulness, in particular taking into account the following elements:

1. The management of waste in the project phase and the choice of the method of exploitation and preparation, concentration or benefit of the mineral resource.

2. º The transformations that can be experienced by the mining waste due to the increase of the surface and the exposure to the weather.

3. The filling with mining waste from the operating gap, in so far as this is technically and economically feasible in practice and environmentally friendly in accordance with the rules in force and with the requirements of this royal decree, where applicable.

4. After completion, the coating of the land affected by the research and use with the original plant soil that has previously been deposited in its own waste facility, after its closure, when this is viable in practice. If not, the use of this plant land will be sought elsewhere.

5. The use of substances less dangerous for the preparation, concentration or benefit of mineral resources.

b) Encourage the recovery of mining waste by recycling, reuse or recovery when it is environmentally friendly in accordance with current legislation and with the provisions of the present legislation Decree, where applicable.

c) Ensuring the safe short-and long-term elimination of mining waste. Compliance with this objective must be taken into account in the planning and development of the operating or operating phases of the waste facility, closure and decommissioning, and maintenance and post-closure control. For such purposes, a design must be chosen which:

1. Do require a minimum or, if possible, no maintenance and control after the closure of the mining waste facility.

2. º Prevent or at least minimize any long-term negative effects attributable, for example, to the displacement by air or water of polluting substances prior to the installation of mining waste.

3. Ensure the long-term geotechnical stability of the mining waste facility.

Article 18. Content of the mining waste management plan.

1. The mine waste management plan shall include at least:

(a) Characterisation of the mining waste to be generated during the investigation and use and which are to be deposited on the premises, in accordance with the criteria set out in Annex I to this Royal decree.

In any case, a ratio of the estimated total amounts of mining waste to be produced during the investigation and utilization should be made.

(b) Proposed classification for mining waste facilities, in accordance with the criteria set out in Annex II, and taking into account that:

1. When a category A waste facility is required, a document showing that a serious accident prevention policy is to be implemented, a safety management system for its implementation, should be included. in practice and an internal emergency plan, except in the case of facilities of category A which fall within the scope of Royal Decree 1254/1999 of 16 July 1999 laying down measures for the control of the inherent risks serious accidents involving dangerous substances and subsequent modifications.

2. Where the operator does not consider a category A facility to be accurate, sufficient information to justify this should be included, indicating the possible risks of an accident.

c) Description of the activity generated by the mining waste and any subsequent treatment to which they are subjected.

d) Description of how the environment and human health may be adversely affected by the deposit of mining waste and the preventive measures to be taken to minimise the environmental impact during the holding or operation, closure and closure and subsequent maintenance and control of the waste facility, including the aspects referred to in Articles 19 and 33. In addition, an assessment of the risk and impact of the mining waste deposit on human health should be carried out, if appropriate.

e) the control and monitoring procedures proposed in accordance with Articles 13 and 32, where applicable.

(f) Definition of the construction and management project of mining waste facilities, with particular attention to the measures necessary for the protection of the waters and the prevention or minimisation of the pollution of the air and soil, in accordance with Articles 13, 23, 24, 25 and 30.

g) The preliminary draft closure and closure of mining waste facilities, included in the construction project, with the corresponding provisions for maintenance and post-closure control, according to the Articles 33, 34 and 35.

h) A study of the conditions of the land to be affected by waste facilities.

2. The mining waste management plan shall provide sufficient information to enable the competent authority to assess the capacity of the operator to meet the objectives of that plan and its obligations under the actual present decree.

This plan shall, in particular, justify the manner in which the option and method chosen in accordance with Article 17.2.a) shall respect the objectives of the waste management plan as referred to in that Article.

Article 19. Definition, content and structure of the construction project of mining waste facilities.

1. It is understood by a constructive project of a mining waste facility the set of studies and documents comprising the definition and dimensioning of the installation, the justification of its site, the building materials in if necessary, the possible ancillary works, the necessary technical support studies, the measures for the execution and control of the project, the studies of the natural environment and the corrective measures and the measures to be applied when end the active life of the facility for the purpose of decommissioning and subsequent maintenance; and control, where applicable.

2. The construction project of a mining waste facility will consist of the necessary documents, with sufficient breadth and depth in relation to the importance of the installation, the mining waste it harbors and the risks potential that you enter.

3. In all cases, the constructive project shall include the following documents: memory, budget, plans, technical specifications and annexes.

(a) Memory shall consist of the parts defined in paragraph 4 of this Article.

(b) The budget shall include the description of the different items with their unit prices, the valuation of the studies to be carried out and the total cost of the project.

(c) The project plans shall be complete and sufficient and shall include all necessary information on the details that are reflected in them. They shall be drawn up in accordance with the UNE standards, both in the formats and in the scales used, and the distribution of the drawings on them shall be carried out in accordance with the technical drawing rules.

The plans in which the installation of mining waste and other auxiliary services of the holding will be located shall incorporate the references of official cartography.

The following plans shall be included with a precept character:

1. General Situation Plan. Scale 1:25,000 or 1:10,000.

2. Total watershed of the basin or hydrographic subbasin.

3. Plano of the affected perimeter. Scale 1:5,000. It will cover a surface whose limit you have given at least 500 metres around the perimeter of the installation.

4. Plano of the installation and zone of influence. Scale 1:5,000 to 1:200. The scale shall not be less than 1:200 and the distance between level curves shall be no more than 1 metre.

5. Plano of geological-geotechnical mapping of the area of the installation and zone of influence. Scale 1:2,000 to 1:200.

6. General Plant of the installation and the related works.

7. Plant, lump-sum and sufficient sections to clearly define the installation and its attached services.

8. ° Detailed Planes of the works of diversion of existing channels or interception of surface water.

9. ° Detailed Planes of the installation's drainage or drainage devices, under normal operating conditions or in periods of emergency during maximum rainfall.

10. Detailed plane of the installation waterproofing devices, if any.

11. The status plane of the devices intended for the control and monitoring of the installation, if applicable.

12. º Planes of the accesses to places that are considered accurate for the inspection and monitoring of the installation.

13. º Planes of the recation phases of the installation. Plants and profiles.

(d) The specification of the technical specifications shall contain the general descriptions of the work to be carried out, the characteristics of the materials to be used and the equipment, the manner of execution, reference to the standards and regulations to be met at each stage of the life of the mining waste facility.

4. The memory of the constructive project of a mining waste facility shall consist of the following parts:

a) Choice of placement and planning.

b) Studies of the area chosen for the installation location.

c) Design and build the installation.

d) Operation or operation of the installation.

e) Monitoring and periodic inspections of the installation.

f) Closing and closing the installation.

g) Maintenance and post-closure control.

h) Reuse or disposal of the mining waste deposited in the facility.

Section 2. Location Choice for a Mining Waste Facility

Article 20. Choice of site for a mining waste facility.

1. The "Choice of site for a mining waste facility" section of the construction project's memory should be justified in identifying the most appropriate location for the location of a mining waste facility between the different possible alternatives. In any event, the choice of such site shall comply with all legal restrictions in force in respect of protected areas, geological, hydrological, hydrogeological, seismic and geotechnical factors.

2. Within the set of factors to be considered in the choice of site, they will be considered, among others:

a) Description of environmental and human health effects arising from the choice of site.

b) Location-friendly topographical conditions.

c) Distance from the installation of mining waste to the profit establishment and to the holding itself.

d) The size, surface, and height of the installation.

e) Geology of the grounds to occupy.

f) Hydrogeology.

g) Natural drainage network.

h) Land availability.

Section 3. Studies of the area chosen for the location of the mining waste facility

Article 21. Studies of the area chosen for the location of the mining waste facility.

1. The section "Studies of the area chosen for the location of the mining waste facility" of the memory of the constructive project should provide sufficient information about the geotechnical and hydrogeological properties of the area to be occupied by the installation of mining waste.

2. For the drafting of this paragraph, the field works for the production of samples to be tested in laboratory and in situ will be particularly important, since the results obtained will establish the basic lines of design and control. For these purposes, the following studies of the chosen area will be carried out:

a) Geologic-geotechnical study of the site.

b) Hydrogeological study of the site.

c) Site hydrological study.

Article 22. Geological-geotechnical study of the site of a mining waste facility.

1. The geological-geotechnical study of the site has the object of finding that the terrain is capable of resisting the mechanical and hydraulic requests imposed by the accumulation of mining waste.

2. The work will focus on the characterization of the coating materials, with the determination of its resistant and drainage parameters, the characterization of the rock solid of the substrate, with definition of its lithology, degree of metheorisation, diaclasado, permeability and carrying capacity. For both types of materials, their excavability will be studied, as well as the erodibility of the soils and their suitability as drainage materials and as a substrate for the final rehabilitation of the land.

3. The geological-geotechnical study shall include at least:

a) Detailed geological mapping and description of the areas to occupy and the influence of the installation on them.

b) Litological characteristics of the existing rock materials and coatings, thicknesses, degree of weathering, change of facies, etc. The planes will be made at 1:200 to 1:2,000.

c) Geologic-structural study of rock substrate detail with description of the characteristics of the existing fracturing systems, penetrability, fillers and alteration of the discontinuity and possibility of the discontinuity affectation by water. The planes will be made at 1:200 to 1:2,000.

(d) Field Prospects made to complete the geological model of the area and to facilitate on-site testing to characterize the coating materials and the rocky substrate. Where necessary, geophysical techniques, witness recovery surveys, on-site geotechnical testing and other similar techniques shall apply.

e) Study of mining subsidence if necessary.

f) Laboratory tests to determine the geomechanical characteristics of the soil, both of the coating soils and of the substrate rocks. They shall be carried out by an accredited testing laboratory.

Article 23. Hydrogeological study of the site of a mining waste facility.

1. The hydrogeological survey of the site is intended to show that the operator has taken the necessary measures to comply with the regulations in force in the waters. For the preparation of this study, appropriate studies should be carried out to evaluate the long-term interaction between soils, natural rocks and effluents.

2. The hydrogeological survey shall include at least:

(a) Assessment of the potential for the generation of leachate, including the content of pollutants from the leachate in both the operation and operation phase and those for closure, decommissioning and post-control maintenance and control closing.

(b) Prevention or reduction of leachate generation and pollution caused by surface water, groundwater and soil when considered by the competent authority on the basis of the legislation in force in the water matter.

(c) The collection and treatment of contaminated water and the leachate of the waste facility in such a way as to comply with applicable water and landfill regulations.

Article 24. Hydrological study of the site of a mining waste facility.

1. The hydrological study of the site aims to evaluate the maximum flow rates and the rainfall in the area of the location of the mining waste facility, and to know the influence of these inputs to define the construction of the facility, its drainage systems and the diversion of surface water, as well as the prevention or reduction of surface water pollution.

2. The study shall include at least:

a) Calculation of the maximum foreseeable avenue at the site of the installation location, for a period of return of five hundred years if the installation of mining waste is classified as A or a hundred years in the rest of the cases, except in the case of radioactive mining waste which will be a thousand years.

b) Surface of the receiving basin, maximum intensity of the downpour, runoff coefficient, etc. Net annual contribution of water to the installation, as well as evaporations of the liquid in the installation in case of being a raft.

c) The maximum avenue and the annual contributions shall be defined as the means of evacuation and diversion.

(d) If the installation of mining waste is close to a surface water course, without prejudice to existing legislation in the field of water, the risk of external flooding will be considered and the appropriate protective measures.

e) Determination of the hydrological balance of the facility.

3. It is the responsibility of the operator to comply with the requirements for surface water protection.

Section 4. Design and construction of a mining waste facility

Article 25. Design and construction of a mining waste facility.

1. The section "Design and construction of an installation" of the memory of the constructive project aims to define the design of the geometry and structure of the installation, the constituent materials in case there are any specifications, waterproofing, filters, drains, necessary infrastructure, etc., in such a way as to fulfil the necessary conditions for, with short and long term prospects, to prevent contamination of soil, air, groundwater or the surface water, to ensure the effective collection of contaminated water and the leachate agreement with the provisions of the authorization of the restoration plan, and to reduce the erosion caused by the water and the abrasion caused by the wind to the extent that it is technically and economically possible.

2. The design of the prevention or reduction to the minimum or the collection and treatment of contaminated water and leachate from a mining waste facility must comply with all the requirements laid down by the legislation in force. in the field of pollution by discharges into the aquatic environment and the protection of groundwater and surface water.

However, such requirements may be reduced or not required by the competent authority if, on the basis of an assessment of the different risks to the environment, it is found that the leachate does not pose a danger potential for soil, groundwater and surface water.

3. The waste facility shall be adequately constructed, in order to ensure its physical stability, to prevent contamination of soil, air, and surface water or groundwater in the short and long term, and to minimise the possible damage to the landscape.

4. The operator shall implement in the design and construction of the mining waste facility the necessary measures to prevent or reduce dust and gas emissions.

5. It will include planning for the construction or use of the facility over the course of your life, determining the rates of elevation or regrowth, partial designs, safety devices, etc.

6. The design and construction document for the installation of extraction and treatment waste shall include at least as specified in the preceding paragraphs:

a) Study of materials to be used in construction, if applicable.

b) Geotechnical stability studies.

c) Seismological and seismic-resistant studies.

Article 26. Study of materials to be used in construction.

In the "study of the materials to be used in construction", the materials to be used in the construction of the mining waste facility must be defined. The characteristics to be met by such materials must also be fixed and the procedures and tests for their verification and control must be completed.

Article 27. Geotechnical stability studies.

1. In the "geotechnical stability studies", the structural behavior of the facility will be studied, taking into account the situations of global instability, local instability, surface erosion and possible deformations, as well as the appearance of of extraordinary situations due to earthquakes, over-elevation of the level of liquids in the case of rafts, etc.

2. The possible requests shall be considered and the safety levels to be adopted in each case shall be justified according to the class of request considered, their probability of occurrence and their foreseeable permanence.

3. Three types of solicitations or a combination of requests shall be considered, taking into account their degree of risk and their permanence:

(a) Normalos: those corresponding to the own weight of the mining waste facility, to the hydrostatic thrust and interstitial pressures, to the thrust of the deposited waste, plus other effects that are considered concurrent with Significant persistence in the different stages of the life of the installation.

(b) Accidents: those corresponding to situations of the following types, controllable or not, but of limited duration: hydrostatic thrust due to an increase of the water embalmed in the case of rafts of mining waste, actions seismic with the foreseeable intensity of the area, push of the ice, etc.

c) Extremes: those produced by anomalous situations.

4. The stability calculations shall consist of determining, in different sections of the installation, the safety coefficients for the slip.

5. The possibility of breaking the installation by its base or foundations will also be studied, modelling the set.

6. The methods of calculation of stability to be applied will be the ones of this field of engineering: methods of limit balance, methods of finite elements, etc.

Article 28. Seismological and seismic resistant studies.

Within the geotechnical stability study, a section will be included to justify the performance or not of the analysis of the seismic effects that will allow to evaluate the influence of this type of phenomena in relation to the stability of the mining waste facility.

For earthquakes of geological origin, the calculations will be based on the Seismic Resistant Construction Standard: general part and building (NCSR-02), approved by Royal Decree 997/2002, September 27.

In the mining complexes where the waste facilities are located close to exploitations in activity that carry out blasting for the start of rocks or minerals, the influence of the seismic waves will be studied. generated by such blasting. For the purpose of stability calculations, the vibration intensity shall be expressed as particle acceleration according to the horizontal direction.

Regardless of the origin of the seismic waves, the seismic survey of the mining waste facility will only be carried out if the seismic acceleration of the calculation is greater than 0.06 g, with the acceleration of the severity.

Article 29. Constructive project of mining waste facilities not included in category A.

For the construction of a new waste facility not included in category A or for the modification of an existing one, the competent authority may accept simplified projects and studies in respect of those specified in Articles 19 to 28, provided that the following aspects are ensured:

1. The waste facility is adequately located taking into account, in particular, the existing obligations in respect of protected areas and geological, hydrological, hydrogeological, seismic and geotechnical factors, and is designed to This means that it meets the necessary conditions to prevent, in the short and long term, soil pollution, air, groundwater and surface water, and to reduce the erosion caused by water and abrasion caused by the wind as a result of this is technically possible and economically viable.

2. The provisions of paragraphs 1 to 5 of Article 25 of this royal decree.

Section 5. Operation or operation of a mining waste facility

Article 30. Operation or operation of a mining waste facility.

1. In the section 'Operation or operation of the installation' of the construction project's memory, the operator shall set out the measures envisaged to ensure the safety and stability of the mining waste facility with the proposed design and the legal requirements, as well as to meet environmental requirements and to try to reach the final situation foreseen for closure and closure.

2. The wording of this paragraph should take into account that if the operator is authorised to remove mining waste, whether solid, sludge or liquid, in any mass of water other than that formed in a waste facility miners, must meet the relevant requirements in the current water regulations.

3. In the case of mining waste facilities containing cyanide, the operator shall ensure that the concentration of dissociable cyanide in weak acid present in the facility is reduced to the lowest possible level using the best available techniques and, in any case, in facilities which have been previously authorised or are already in operation on 1 May 2008, that the concentration of dissociable cyanide in weak acid at the point of discharge of the the mining waste does not exceed 50 ppm as from 1 May 2008, 25 ppm as from 1 May 2013, 10 ppm from 1 May 2018 and 10 ppm on the premises that obtained their authorisation after 1 May 2008.

The competent authority may ask the operator to, by means of a risk assessment which takes into account the specific conditions of the installation site, these concentration limits do not require reduce further.

Article 31. Optional address.

1. The construction of the mining waste facilities will be carried out by the optional director, according to Article 117 of the Mining Act.

If the design and construction work of the mining waste facility is outsourced to an external company, the company will appoint an optional director of its own, under the authority of the optional director of the use.

2. The operation or operation of the mining waste facilities shall be carried out by the optional director, according to Article 117 of the Mining Act.

If the operation or operation of the mining waste facility is subcontracted to an external company, that undertaking shall appoint an optional director of its own, under the supervision of the optional Directos del use.

In case the mining waste facility is classified as Category A, the personnel involved in its management shall receive specific technical development and training courses in the field of mining waste management.

3. The operator of the waste facility shall have the obligation to communicate to the competent authority, before the start of the holding stage, the name and full address of the optional director, who shall be responsible for the operation. the management of the work to be carried out in order to ensure compliance with the planned safety measures.

Section 6. Track and periodic inspections of a mining waste facility

Article 32. Monitoring and periodic inspections of a mining waste facility.

1. The operator shall submit to the competent authority a plan setting out the appropriate arrangements for the monitoring and the monitoring of the installation of the memory of the constructive project in the 'Monitoring and periodic inspections' section of the construction project. periodic inspection of the installation of mining waste by competent persons, as well as to intervene in case of signs of instability or contamination of water or soil.

To this effect the operator will carry a Book Register in which the follow-ups and inspections are contemplated, as well as any event and activity related to the management of the mining and mining waste facilities own mining waste, which shall be at the disposal of the competent authority and which shall ensure the appropriate transmission of information in the event of an operator change.

2. The operator shall notify the competent authority, without undue delay and in any event not later than 48 hours, of any event likely to affect the stability of the mining waste facility and any effects. significant adverse environmental effects revealed by the monitoring procedures of the facility. The operator shall implement the internal emergency plan, where appropriate, and shall follow all the instructions of the competent authority on the corrective measures to be taken. The operator shall bear the costs of the measures to be taken.

3. With the frequency to be determined by the competent authority and, in any case once a year, the operator shall, on the basis of global data, inform the competent authorities of all the results of the monitoring of the facility, to demonstrate compliance with the conditions of the authorisation and to improve the knowledge of the behaviour of the waste and the waste facility. On the basis of this report the competent authority may decide whether validation by an independent expert is necessary.

4. Paragraphs 2 and 3 of this Article shall not apply to the following mining waste unless they are deposited in a category A facility:

(a) Ininert, non-inert, non-hazardous and non-contaminated mining waste from research and exploitation of mineral resources.

b) Mining waste from research and use of peat.

(c) Non-hazardous mining waste from mineral resource research, except in the case of research on evaporites other than gypsum and anhydrite.

Section 7-Closing and Closing of a Mining Waste Facility

Article 33. Closure and closure of a mining waste facility.

1. The closure of a mining waste facility consists in the definitive cessation of the operation or operation of the facility.

2. In the construction project of a mining waste facility, and in close relation to the rest of the rehabilitation work, the operator will present a Basic Study or Preliminary Closing and Closing Project, which will describe the measures necessary for the rehabilitation of the land and which shall include all technical aspects which are useful for such a closure.

3. In sufficient time for the end of the period of operation of a mining waste facility, or where the cessation of its activities is foreseen by economic or other conditions, the operator shall draw up and submit to the competent authority for the approval of the Closing and Closing Definitive Project. The operator operator of the mining waste facility shall only initiate the closure procedure if the relevant conditions set out in the authorisation of the restoration plan including the authorisation of the plants have been complied with. facilities, if the competent authority authorises the request for closure of its own office or at the request of a person concerned. The competent authority may require the holder of the report or opinion of a control body to comply with the provisions of Annex III to this Royal Decree.

The provisions of this paragraph shall not apply to the following mining waste unless they are deposited in a category A facility:

(a) Ininert, non-inert, non-hazardous and non-contaminated mining waste from research and exploitation of mineral resources.

b) Mining waste from research and use of peat.

(c) Non-hazardous mining waste from mineral resource research, except in the case of research on evaporites other than gypsum and anhydrite.

4. A mining waste facility may be considered closed only after the competent authority has carried out, within one year, a final inspection on the spot, assessed all the reports submitted by the operator and has communicated to the operator its approval of the closure, and provided that a control body has been certified to comply with the provisions of Annex III to this Royal Decree that the land affected by the installation of the has been rehabilitated

5. The authorisation of the closure by the competent authority shall in no case diminish the responsibilities of the operator in accordance with the conditions of the authorisation or other legal obligations.

6. If the operator has left a mining waste facility without having obtained the appropriate authority from the competent authority, the competent authority shall subsequently take the necessary security measures to safeguard the security and the interests of third parties, without prejudice to administrative sanctions and liability.

Article 34. Project to close and close a mining waste facility.

1. The objectives of the final closure and decommissioning project of a mining waste facility shall be the determination of the necessary measures for the rehabilitation and physical and chemical stabilisation of the facility to ensure long-term their structural safety and avoid any contamination process.

2. The project shall consider the following aspects and shall justify and describe all the actions envisaged:

a) Geotechnical stabilization of the taludes, if any.

(b) Protection of slopes against surface erosion or external flooding and degradation of materials by means of weathering, if appropriate.

c) drainage systems to prevent uncontrolled accumulation of rainwater or runoff water.

d) Drillage systems for the lowering of water levels.

e) Remote mining waste facility for water channeling, land reclamation, etc.

f) Sealing or waterproofing systems of the surface of the mining waste facility to prevent surface water infiltration, contamination of natural soil cover and dust formation.

g) Collection devices or leak and leaching treatment systems.

h) Close and appropriate signage for works involving the risk of accidents.

i) Other rehabilitation actions.

j) Budget of the performances to be performed.

Section 8. Mme Maintenance and post-closure control of a mining waste facility

Article 35. Maintenance and control after the closure of a mining waste facility.

1. The operator shall be responsible for the maintenance, control and corrective measures in the post-closure and decommissioning phase for as long as the competent authority requires, which must be at least 30 years for the facilities of the operator. category A.

For installations not included in category A, the competent authority shall determine in each case this time limit which may not be less than five years in order to be able to have adequate information on the processes which may influence the mining waste exposed to the environment.

2. The operator shall monitor both the physical and chemical stability of the facility in order to minimise any negative environmental effects, in particular as regards surface water and groundwater, by ensuring that all the structures of the installation shall be monitored and maintained and that the control and measurement devices shall be always ready for use, as well as the relief and drainage systems always clean and without any obstruction.

For this purpose, the operator shall draw up a maintenance and control plan covering the period required by the competent authority in the memory of the constructive project. If deemed necessary, the competent authority shall require the holder to report or report a control body.

3. After the closure of a mining waste facility, the operator shall notify the competent authority without delay of any event or circumstance likely to affect the stability of the facility and any environmental effects. adverse events revealed by the monitoring and monitoring procedures. The operator shall implement the internal emergency plan, where appropriate, and shall follow all the instructions of the competent authority on the corrective measures to be taken. The operator shall bear the costs of the measures to be taken.

4. In cases and with the frequency to be determined by the competent authority, the operator shall forward, on the basis of the overall data, all the results of the monitoring to the competent authorities in order to demonstrate that the conditions are met. of the authorisation and of improving knowledge on the behaviour of the mining waste and the installation.

5. Following the authorisation of the project to close and close a mining waste facility, after the rehabilitation work has been carried out in the described one, and after the period of time set by the competent authority for the phase of the maintenance and control, the operator may apply for the relevant final closure authorisation upon submission of a report or opinion of a control body.

6. The preceding paragraphs of this Article shall not apply to the following mining waste unless they are deposited in a category A facility:

a) Ininert mining waste and uncontaminated soil from research and exploitation of mineral resources.

b) Mining waste from research and use of peat.

(c) Non-hazardous mining waste from mineral resource research, except in the case of research on evaporites other than gypsum and anhydrite.

Section 9

Article 36. Reuse or disposal of mining waste deposited in the facility.

1. If, during the decommissioning process or after the closure of a mining waste facility, the waste is to be reused, the person concerned shall submit to the competent authority a draft of the said action, upon request of the declaration of the facility as a resource of section B) of the Mining Act.

2. In the event of the reuse of mining waste during other phases of the life of the plant, the operator shall request authorisation from the competent authority, after inclusion in the memory of the constructive project of the description of the work to be carried out in the annual work plan or in a project submitted for that purpose.

3. In the event that the reuse results in the total removal of the facility, it will cause the facility to be reduced as such to the control effects by the competent authority.

Article 37. Severe accident prevention policy.

1. In accordance with Article 18.1.b, the operator shall, prior to the authorisation of the restoration plan, draw up a policy for the prevention of serious accidents which it shall implement in its management of the mining waste, for which it shall establish a system for the management of security in accordance with Article 38, and shall also implement an internal emergency plan, specifying the measures to be taken at the mining site in the event of an accident.

2. The serious accident prevention policy document should cover the general objectives and principles of action set out by the operator in relation to the control of the risks of a major accident.

To this end, the operator must determine, in the aforementioned document, the risks of serious accidents and incorporate the design, construction, operation, maintenance, closure, closure and subsequent control of the mining waste facilities, the necessary aspects to prevent such accidents and to limit their negative consequences for human health or the environment, including possible cross-border impacts.

3. The serious accident prevention policy and the safety management system of the operator should be proportionate to the risks of major accidents involving the installation of mining waste.

4. The competent authority shall provide the public concerned, free of charge and on its own initiative, with the publicity procedures to be established, information on safety measures and on the necessary intervention in the event of an accident involving a Installation of mining waste in category A.

The information provided will be reviewed every three years and, where appropriate, updated. It will contain at least:

a) Name of the operator and address of the mining waste facility.

b) Identification, by expressing the charge, of the person who provides the information.

(c) Confirmation that the installation of mining waste is subject to the regulatory provisions implementing this royal decree and, where appropriate, that the relevant elements have been submitted to the competent authority of information and in particular those referred to in paragraph 2 of this Article.

d) Clear and succinct explanation of the activity or activities performed on the installation.

(e) common or generic names, or general hazard classification of existing substances and preparations in the installation of mining waste which may result in a serious accident, with a reference to their principal hazardous characteristics.

(f) General information on the nature of the major hazards of major accidents, including their potential effects on the population and the surrounding environment.

g) Appropriate information on how the next and affected population should be alerted and kept informed in the event of a major accident.

(h) Appropriate information on the measures to be taken and the behaviour to be observed by the affected population in the event of a major accident.

i) Confirmation that the operator is required to take appropriate measures at the site, in particular in relation to contact with the emergency services, in order to act in the event of a serious accident; and minimize its effects.

j) Reference to the external emergency plan developed to address any effects of an accident outside the site where it occurs. Recommendations will be included on how to follow any instructions or instructions formulated by the emergency services at the time of the accident.

k) Detailed information on how to obtain more information in this respect, without prejudice to the confidentiality requirements laid down in the legislation in force.

Article 38. Security management system.

The security management system must integrate the part of the overall management system that includes the organizational structure, responsibilities, practices, procedures, and resources that enable you to define and apply the policy of preventing serious accidents.

The security management system will address at least the following aspects:

1. Organization and personnel: roles and responsibilities of personnel associated with risk management of serious accidents at all levels of the organization

The operator shall appoint a safety manager to be responsible for the implementation and periodic monitoring of the policy for the prevention of serious accidents.

The operator shall also establish the training needs of the staff involved, including, where appropriate, those of the outsourced staff.

2. Determination and assessment of the risks of serious accidents: adoption and application of procedures for the systematic determination of the risks of serious accidents which may occur in the event of normal or abnormal functioning, as well as assessment of your probability and severity.

3. Control of operation: adoption and application of procedures and instructions for the operation in safe conditions, also with regard to the maintenance of the facilities attached to the use, to the processes, to the equipments and to the temporary stops.

4. Management of modifications: adoption and application of procedures for the planning of modifications to be carried out at existing mining waste facilities or for the project of a new facility.

5. Planning for emergency situations: adoption and implementation of procedures to determine foreseeable emergencies with a systematic analysis, and to develop, test and review emergency plans to be able to do so in the face of such emergency situations.

6. Monitoring of the results: adoption and implementation of procedures for the permanent assessment of compliance with the objectives set by the operator in the framework of the policy for the prevention of serious accidents and the system the management of security, and the establishment of mechanisms for investigation and correction in the event of non-compliance. The procedures should include the system of notifications of serious accidents or of accidents avoided by a limited margin, in particular where there have been failures in the protection measures, the investigation carried out in this respect and the consecutive performance, based on past experience.

7. Audit and review: adoption and implementation of procedures for the systematic regular evaluation of the policy for the prevention of serious accidents and the effectiveness and adequacy of the safety management system. Documented analysis of the results of the applied policy, the security management system and its updating by the senior managers of the entity.

Article 39. Internal emergency plan.

1. The internal emergency plan to be developed by the operator shall have the following

:

(a) Contain and control major accidents and other incidents to minimize their effects and, in particular, to limit damage to human health and the environment.

b) Apply the necessary measures to protect the health of individuals and the environment from the effects of major accidents and other incidents.

c) Communicate the necessary information to the public and the relevant services or authorities in the area.

d) Take measures for the rehabilitation and cleaning of the environment after a major accident.

2. In the event of a serious accident, the operator shall immediately provide the competent authority with all the information necessary to help minimise the health consequences of persons and to assess and minimise the magnitude, real or potential, of environmental damage.

Article 40. External emergency plan.

1. Where a mining waste facility is classified as A, the competent authority shall draw up an external emergency plan specifying the measures to be taken outside the area of the holding and its facilities and services in question. Case of accident. The operator shall provide the competent authority, prior to the authorisation of the restoration plan, with the information necessary to enable it to draw up such a plan.

Mining waste facilities containing residues or substances or preparations classified as hazardous in accordance with the provisions in force for this purpose are excluded from the scope of this Article for being falling within the scope of Royal Decree 1254/1999 of 16 July 1999 laying down measures for the control of the risks inherent in major accidents involving dangerous substances and subsequent modifications.

2. In the event of a serious accident, the operator shall immediately provide the competent authority with all the information necessary to help minimise the health consequences of persons and to assess and minimise the magnitude, real or potential, of environmental damage.

3. The objectives of the external emergency plan shall be:

(a) Contain and control major accidents and other incidents to minimize their effects and, in particular, to limit damage to human health and the environment.

b) Apply the necessary measures to protect the health of individuals and the environment from the effects of major accidents and other incidents.

c) Communicate the necessary information to the public and the relevant authorities in the area.

d) Take measures for the rehabilitation and cleaning of the environment after a major accident.

TITLE II

Financial or equivalent guarantees

Article 41. Generalities.

1. The operator shall provide two financial guarantees or equivalent guarantees in accordance with Articles 42 and 43 to ensure compliance with the provisions of the approved restoration plan.

Where the operator is to carry out research tasks in accordance with Article 10, the operator shall provide the financial guarantee or equivalent corresponding to its conditions. specific.

2. The competent authority shall carry out the calculation of each financial guarantee or equivalent in an independent manner, in accordance with the criteria set out in Annex IV to this royal decree.

3. The forms of incorporation of financial guarantees or equivalents may be, inter alia, internal provision funds constituted by deposit in financial institutions and financial guarantees in the custody of a third party such as bonds and endorsements. issued by banking entities as well as insurance contracts covering the civil liability of the operator arising from the non-compliance with the provisions of the approved restoration plan.

4. Financial guarantees or equivalent guarantees should ensure the existence of funds readily available at any time by the competent authority for the rehabilitation of land, as described in the restoration plan. authorized.

5. In the event of non-compliance with the approved restoration plan, the competent authority may make the financial guarantee or equivalent equivalent effective and shall carry out the rehabilitation of the land affected by the plan. mining activity.

6. The financial or equivalent guarantees provided for in Articles 42 and 43 shall be independent of the guarantee provided for in Law 26/2007 of 23 October of Environmental Liability and in the Rules of Partial Development of that Law, approved by Royal Decree 2090/2008 of 22 December. The latter shall take into account the coverage provided by the other guarantees in such a way that there is no multiple coverage of the same risk or there is some risk to be secured.

7. The operator may include all financial guarantees or equivalent guarantees referred to in the previous paragraph in a single currency. In such a case, the amount intended to deal with the concepts of Articles 42 and 43 and the fulfilment of the obligations laid down in this royal decree must be clearly defined and readily available from the rest of the guarantee.

Article 42. Financial guarantee or equivalent for the rehabilitation of the natural space affected by the exploitation, preparation, concentration and benefit of mineral resources.

1. The competent authority shall, prior to the commencement of any working activity, require the establishment of a financial guarantee or equivalent in such a way as to ensure compliance with the obligations imposed on the authorisation of the plan restoration for the rehabilitation of the land affected by the exploitation, preparation, concentration and benefit of mineral resources.

2. The calculation of this financial guarantee or equivalent shall be carried out taking into account the environmental impact of the mining work and the future use of the land to be rehabilitated, and based on the assumption, if necessary, of third parties Independent and duly qualified persons will be able to assess and carry out any necessary rehabilitation work.

3. The guarantee shall be reviewed annually in accordance with the rehabilitation work already carried out and the areas affected, as provided for in the work plan and in Article 3.3 of this royal decree.

4. Upon completion of the implementation of the restoration plan as regards the exploitation, preparation, concentration and benefit of mineral resources, the operator shall request the competent authority, in writing, to release the security. corresponding financial.

Article 43. Financial guarantee or equivalent for the fulfilment of the conditions imposed in the authorisation of the restoration plan for the management and rehabilitation of the natural space affected by the mining waste facilities.

1. The competent authority shall, prior to the commencement of any activity of accumulation or deposit of mining waste, require the establishment of a financial guarantee or equivalent in such a way as to ensure compliance with the obligations imposed on the the authorisation of the restoration plan for the management of the mining waste and for the rehabilitation of the land affected by the mining waste facilities.

2. The calculation of this financial guarantee or equivalent shall be carried out taking into account the likely environmental impact of the waste facilities, in particular the category of installations, the characteristics of the waste and future use of the rehabilitated land. It shall also be calculated on the basis of the assumption, if necessary, that independent and duly qualified third parties will be able to assess and carry out any necessary rehabilitation work.

3. The security shall be regularly reviewed in accordance with the rehabilitation work to be carried out on the sites affected by the waste facility as described in the approved restoration plan.

4. The operator shall, after approval of the closure and closure of the mining waste facility, in accordance with Articles 33 and 34, request the competent authority in writing to release the conditions imposed by the guarantee. financial or equivalent associated with this concept, with the exception, where appropriate, of those relating to the maintenance and control after the closure of the mining waste facility.

5. The provision of the regulated guarantee in this article for the following mining waste shall not be required unless they are deposited in a category A facility:

(a) inert mining waste, non-inert non-inert mining waste and uncontaminated soil from research and exploitation of mineral resources.

b) Mining waste from research and use of peat.

(c) Non-hazardous mining waste from mineral resource research, except in the case of research on evaporites other than gypsum and anhydrite.

TITLE III

Cross-border inspections and effects

Article 44. Inspections by the competent authority.

1. The competent authority shall inspect, at least annually from the start of the work, the exploitation, preparation, concentration and benefit of the mineral resources, in order to ensure that the conditions of the authorization of the restoration plan in this respect.

The competent authority shall inspect, prior to the commencement of the dumping activities, and thereafter at least annually, including the post-closure phase, the mining waste facility, in the case of exist, to ensure that the conditions of the restoration plan authorization are met in this respect.

The verification of compliance with such conditions by the inspector shall not in any way reduce the responsibility of the operator in accordance with the conditions of the authorisation of the restore.

2. The competent authority may require that the inspections referred to in the previous paragraph are carried out by a control body complying with the provisions of Annex III.

3. In all cases, the operator shall include in the Book Record defined in Article 32 a record of the inspections, together with the relevant documents, which it shall make available to the competent authority for inspection.

Article 45. Cross-border effects.

1. Where the operation or operation of a category A mining waste facility may have significant adverse effects on the environment, and thus cause any risk to human health, in another Member State, or where a State Member likely to be seriously affected so request, the competent authority of the Autonomous Community shall communicate to the Ministry of Foreign Affairs and Cooperation the data submitted in accordance with the authorization of the restoration plan in at the same time as it makes them available to its own national public, so that it can The Member State concerned may be communicated to the Member State which may have been affected or requested.

In addition, it will be applicable, within the environmental assessment procedure that may be relevant, as provided for in Article 11 of the Royal Legislative Decree 1/2008 of 11 January, approving the recast of the Law Environmental Impact Assessment of projects.

Such data shall serve as a basis for the consultations that are necessary in the framework of bilateral relations between the two States in accordance with the principles of reciprocity and equal treatment.

2. In the event of an accident in a mining waste facility as described in paragraph 1 of this Article, the information provided by the operator to the competent authority of the Autonomous Community shall also be transmitted to the Ministry of Foreign Affairs and Cooperation to transmit it to the Member State which may be affected, to contribute to minimising the consequences of the accident for the health of persons and to assess and reduce to a minimum the extent of the environmental damage that has occurred or may occur.

3. The request for data from the data subjects concerning the possible transboundary effects of a mining waste facility shall be requested from the Ministry of Foreign Affairs and Cooperation.

TITLE IV

Sanctioning Regime

Article 46. Sanctioning regime.

1. The sanctioning regime applicable in the area of protection and rehabilitation of the space affected by extractive activities, regulated by this royal decree, will be provided for in Article 121 of the Mining Act, as amended by Law 12/2007, (a) of 2 July, at its first provision, including, where appropriate, the expiry of the permit for the investigation, approval or granting of the holding, in Chapter II of Title VI of Law 10/98 of 21 April of waste, concerning the management of the mining waste and Chapter V of Law 26/2007 of 23 October 2000, on environmental liability.

2. Without prejudice to the provisions of the preceding paragraph, where the holder completely or partially fails to comply with the provisions of the restoration plan, as provided for in Article 116.2 of the Mining Act, the provisional or total suspension of the research and exploitation work.

Additional disposition first. State reserves.

The provisions of this royal decree shall apply to the reserve zones of the State existing upon its entry into force, which shall be considered as provisional or definitive as permits for investigation or concessions of exploitation. It shall also apply to the reserve areas of the State which are established from its entry into force.

Additional provision second. Inventories.

The Ministry of the Environment, Rural and Marine Environment and the Ministry of Industry, Tourism and Trade will carry out an inventory of the facilities of the Autonomous Communities before 1 May 2012, in collaboration with the autonomous communities. closed mining waste, including abandoned mining waste facilities located on Spanish territory, which have a serious environmental impact or which may become a medium or short term in a serious threat to health or the safety of persons and property or the environment and that it will be updated regularly.

The Ministry of Health and Social Policy will collaborate in carrying out the inventory in case of mining waste facilities that can cause a serious threat to human health.

Additional provision third. Best techniques available.

The competent authority shall monitor the evolution of the best available techniques for the management of the mining waste and the facilities in which it is deposited, even after closure. For the purposes of the above, the Ministry of Industry, Tourism and Trade and the Ministry of the Environment, and the Rural and Marine Environment will provide you with information on such techniques.

Additional provision fourth. Open-pit coal holdings. Rational use of these energy resources.

1. The holders of all open-pit coal holdings shall submit for approval to the administrative body responsible for mining an operating plan for each of them, in order to ensure the rational use of these operations. energy resources. The administrative body responsible for mining, in the light of the operational plans, may approve them, require extensions or make amendments thereto, without prejudice to the request, where appropriate, to report other competent bodies. In any event, the presentation of this operating plan must be simultaneous with that of the restoration plan provided for in this royal decree and its joint approval by the competent organ in mining.

2. The enforcement of the approved operating plans shall be considered as a special condition of the concessional title for the purposes provided for in the Mining Act.

3. Once the operating plans have been approved, the successive work plans that are carried out annually under the current Mining Law will be in line with the schedule of activities and schedule foreseen in those plans. If the operating plan were to be amended later, for reasons of formation, environmental, technological or any other circumstances, the restoration plan must be adapted and coordinated simultaneously with the new plan of exploitation.

4. The drawing up of the plans for the exploitation of open-pit coal holdings, regulated in the previous paragraphs of this provision, shall be carried out in compliance with the rules set out in Annex V to this royal decree.

Additional provision fifth. Obligation to inform the European Commission.

1. Every three years the General Administration of the State, on the basis of the data provided by the Autonomous Communities, will forward to the European Commission a report on the implementation of this royal decree concerning the management of waste. miners. That report shall be drawn up on the basis of the questionnaire or outline approved by the Commission in the relevant Decision and shall be sent to the Commission within nine months of the expiry of that three-year period.

2. In addition, the General Administration of the State, on the basis of the data provided by the Autonomous Communities, shall forward to the European Commission information on the events notified by the operators in accordance with the provided for in Articles 32 and 35. Such information shall also be made available to the public concerned at request.

Additional provision sixth. Recognition of guarantees.

1. In application of the principle of the freedom to provide frontier services as laid down in Article 49 of the Treaty establishing the European Community, the financial guarantees equivalent to those provided for in this royal decree shall be recognised as they have the operators provided for in this standard established in other Member States of the European Union.

2. The deposit of these guarantees with the Spanish competent authority shall be accompanied by translation into an official language in the territorial area of that language, and of a declaration, formulated under the responsibility of the issuing, of complying with the requirements of this royal decree.

First transient disposition. Mining waste facilities in operation.

1. The mining waste facilities which were to be operated on 1 May 2008 shall have until 1 May 2012 to comply with the provisions of this Royal Decree, except as regards the provisions of Article 43.1, in which case the period shall be until 1 May 2014, and the provisions referred to in Article 30.3 for which conformity is to be ensured in accordance with the timetable set out in the Article.

2. The above paragraph shall not apply to the mining waste facility closed on 1 May 2008.

3. The provisions of this royal decree relating to the Waste Management Plan and the financial guarantees or equivalent thereto that are derived shall not apply to the mining waste facilities in which one of these three is located. circumstances:

a) Hayan no longer accepting mining waste before 1 May 2006.

(b) The closing procedures are finalised in accordance with the previous legislation in force.

c) Vayan to be definitively closed at 31 December 2010.

The competent authority of the Autonomous Community shall communicate these cases to the General Administration of the State, so that the latter may notify the European Commission thereof. The competent authority shall also ensure that these facilities are managed in such a way as not to prejudice the achievement of the objectives of this Royal Decree, in particular those provided for in Articles 3.2 and 17.2, as well as those of the protection of waters.

Second transient disposition. Files on processing.

The files which are in the process of the entry into force of this royal decree shall be instructed in accordance with the above applicable legislation, without prejudice to the application of the transitional provision. first.

Transitional provision third. Maximum period for the establishment of the financial guarantee or equivalent for the rehabilitation of the natural space affected by the exploitation, preparation, concentration and benefit of mineral resources.

The holders of the active advantage to the entry into force of this royal decree shall have constituted the financial guarantee referred to in Article 42 before 1 January 2010.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank that contravene or oppose the provisions of this royal decree are repealed, in particular:

1. Royal Decree 2994/1982 of 15 October on the restoration of the natural space affected by mining activities.

2. Royal Decree 1116/1984 of 9 May on the restoration of the natural space affected by open-pit coal mining and the rational use of these energy resources.

3. Directive of the Ministry of Industry and Energy of 13 June 1984 laying down detailed rules for the preparation of plans for the exploitation and restoration of the natural space affected by open-pit coal-mining and rational use of these energy resources.

4. Order of the Ministry of Industry and Energy of 20 November 1984 for the development of Royal Decree 2994/1982 of 15 October 1982 on the restoration of the natural space affected by mining activities.

5. Order of the Ministry of Industry and Energy of 26 April 2000 approving the Supplementary Technical Instruction 08.02.01 of Chapter XII of the General Regulation of Basic Safety Standards Mining Deposits in processes of treatment of extractive industries. "

Final disposition first. Incorporation of European Community law.

By this royal decree, all the provisions of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and on the amending Directive 2004 /35/EC, with the exception of Article 15 of Directive 2004 /35/EC, which has already been incorporated into Spanish law by Law 26/2007 of 23 October on Environmental Liability.

Final disposition second. Basic character and competence title.

1. This royal decree is of a basic nature and is dictated by article 149.1.23. of the Spanish Constitution, which reserves the State competence in matters of basic legislation on environmental protection.

2. However, Articles 2, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 36, 44, 45 and 46, as well as the additional third and fourth provisions and the second and third transitional provisions of this royal decree, which are also of a basic nature, are Article 149.1.25. of the Constitution gives the State exclusive competence on the basis of the mining and energy regime. In turn, Title II constitutes basic insurance legislation issued under Article 149.1.11. of the Constitution.

Final disposition third. Enabling for updating the attachments.

The Minister of Industry, Tourism and Trade and the Minister for the Environment, and the Rural and Marine Environment are hereby enabled to approve, by order, the necessary provisions to update the content of the annexes to the actual present decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 12, 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I. a

Characterization of mining waste

1. The waste to be deposited in an installation shall be characterised in such a way as to ensure the long-term physical and chemical stability of the structure of the facility and to avoid major accidents. The characterisation of the waste shall include, where appropriate and in accordance with the category of the waste facility, the following:

(a) Description of the intended physical and chemical characteristics of the waste to be discharged in the short and long term, with particular reference to its stability in the prevailing atmospheric/meteorological conditions in area, taking into account the type of mineral or minerals extracted and the nature of any of the coating or mineral properties of the bargain that are displaced in the course of the extraction operations;

(b) Classification of waste according to the relevant entry in Decision 2000 /532/EC, with particular attention to its hazardous characteristics;

(c) Description of the chemical substances to be used during the treatment of the mineral resource and its stability;

d) Description of the spill method;

e) The waste transport system to be used.

2. This characterisation of mining waste is established, without prejudice to Article 22 (1) (e) of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and by amending Directive 2004 /35/EC. As a result, the necessary technical requirements defined by the European Commission will be directly applicable in our order once approved by the European Union institution.

ANNEX I. b

Definition of inert mining waste

1. An inert mining residue shall be understood to mean that it does not undergo any significant physical, chemical or biological transformation. Inert waste is not soluble or combustible, nor does it react physically or chemically in any other way, nor are they biodegradable, nor negatively affect other materials with which they come into contact, so that they can cause pollution of the environment or damage to human health. The total leachiness, the content of pollutants in them and the ecotoxicity of the leachate must be negligible, and in particular they should not pose a risk to the quality of surface water or groundwater.

2. This definition of inert mining waste is established subject to what, as provided for in Article 22.1.f of Directive 2006 /21/EC, is determined by the European Commission, whose decision on this matter will be directly applicable in our Member States. ordering.

ANNEX II

Classification of mining waste facilities

1. A waste facility shall be classified in category A, if:

(a) In accordance with a risk assessment taking into account factors such as the current or future size, location and environmental impact of the waste facility, a serious accident may occur, such as: result of an incorrect failure or operation, for example the collapse of a tailings or the break of a dam, or

(b) If it contains waste classified as hazardous under Directive 91 /689/EEC above a certain threshold, or

(c) If it contains substances or preparations classified as dangerous under Directives 67 /548/EEC or 1999 /45/EC above a certain threshold.

2. This classification of mining waste facilities may be modified as a result of the classification criteria which, under the provisions of Article 22.1 (g) of Directive 2006 /21/EC, are laid down by the European Commission and which will be of direct application in our order.

ANNEX III

Control bodies

Control body shall mean any public or private entity that, gathering certain requirements, verifies compliance with the provisions of this royal decree through audits and inspections of the Exploitation of mining resources and their facilities and facilities.

The control bodies referred to in the articles of this royal decree must be accredited by the National Accreditation Company in the field of the specific subjects of this royal decree, complying, in the absence of specifically regulated therein, the provisions of Chapter IV of the Regulation of the Infrastructure for Quality and Industrial Security, approved by Royal Decree 2200/1995 of 28 December.

The authorization of the control bodies carrying out the verification of the requirements of this royal decree, which will have a renewable character, corresponds to the competent authority in mining in the Autonomous Community where the bodies start their activity or radiolabelled their registered office. The authorisation shall be valid for the entire Spanish State.

The performance in an Autonomous Community other than that granted by the authorisation shall be communicated to the competent authority, attaching the document giving the authorisation. The control body is obliged to communicate to the competent authorities where it has acted any incident of extension, limitation or suspension of activities imposed on it by the competent authority which granted the authorisation.

Any competent authority which detects an irregular performance in a control body shall inform the competent authority which granted the authorisation, which may initiate action to, if appropriate, withdraw the authorisation. authorization.

When a company, at the request of the competent authority, requests the report of a control body, it may freely select the control body to which it orders the provisions of the present royal decree of between all previously registered in the Autonomous Community which have been specifically accredited in the areas in which they are developed. The undertaking may not restrict access to the use and its services and facilities annexed to the control body and may not hinder its actions and shall cooperate.

In the field of this royal decree, the Minera Security Commission will assume the functions that paragraphs (b) to (f) of Article 18 (4) of Law 21/1992, of 16 July, of Industry, establish for the Council of Coordination of Industrial Security.

ANNEX IV

Financial guarantees and inspections

The financial guarantees and inspections referred to in this Annex shall be in accordance with those laid down in the technical guidelines or guidelines approved by the European Commission, as provided for in Article 22.1.c) and Directive 2006 /21/EC and which will be of direct application in our order.

ANNEX V

Rules for the elaboration of the exploitation plans in the mining of open-pit coal

The operating plans for open-pit coal farms will be developed by completing the following regulations:

1. Introduction. -Holder of the exploitation that presents the plan and reasons for it.

2. Background.

2.1 Geographical situation of the holding. Description of the same accompanied by topographic plane referred to the UTM projection, at sufficient scale for its correct interpretation-minimum 1/5,000-with level curves and main road accidents, covering the area of operation and its environment. They will be listed:

Access, population centers, isolated buildings, transportation routes, power lines, and other infrastructure in the area, affected areas identifying those of public and private property-with an indication of the number of plots and owners-and the limits of the operating concessions. On that plane, it will be short with its safety zone, access and transport tracks, mining waste facilities and auxiliary facilities and services

3. Basic studies of the field and the area in operation or to be exploited. -Plans shall have a sufficient basis of knowledge for the interpretation of the field, the calculation of reserves, the definition of design parameters of short and tailings, choice of method of production and planning of production.

3.1 Geological studies and research carried out. General geological survey of the field and description of the research work carried out, including the most significant data obtained in the previous campaigns of prospecting, outcrops, calicatas, wells, surveys, underground work carried out by any exploiter-distinguishing the abandoned ones from which they are in activity-short coming, etc.

The plan must provide information for the calculation of the reserves that are defined as very likely, so that the point data in each zone is equal to a mesh not greater than 200 x 200 meters above layer, depending on the regularity of the training.

3.2 Geotechnical studies. Definition of short slopes and mining waste facilities. The angles of the slopes shall be calculated taking into account the following factors:

Geometric parameters, lithological and structural properties, geomechanical properties of materials, hydrogeological characteristics of the area, sismicity of the region, expected duration of short slopes in case of being covered by sterile fillers, characteristics of the support base of the waste facilities and the effects of the mines.

For the purpose of justifying the above basic data, the necessary geotechnical studies shall be carried out. In any case, the final alludes must satisfy a safety factor of more than 1,20 with more precise data the greater the depth of the short, the dimensions of the tailings and the unfavourable characteristics of the materials, pointing out the final distance of their respective limits to installations and/or buildings.

3.3 Hydrogeological and surface hydrological studies. They shall be made with the required accuracy according to the short dimensions and the mining waste facilities and the importance of the water inputs.

Freatic levels of permanent aquifers or of a certain entity, water surface inputs.

Parameters for water drainage or pumping.

Data for the calculation of surface water defenses.

Situation and possible contributions of old mines.

3.4 Other studies. If the volume of the operation and unfavourable characteristics of the materials are required, specific studies to be determined, such as: seismic studies, geophysical testifications, etc., should be provided.

4. Characteristics of the area of the field to be exploited. -Stratigraphy and structural arrangement. -Summary of mining data extracted from research:

Relationship and characteristics of open-pit exploitable layers: Potencies with sufficient breakdown for application of selectivity criteria, structural arrangement, rumbos and buzings, complete analysis of coal gross of each layer, density, characteristics of the jasties and ease of take-off with a view to selectivity.

Characteristics of the sterile interlayers and coating: Definition of the various sections, powers, lithological and physical characteristics in relation to the method of grubbing-up. Sponging coefficients of the sterile loose and compacted in landfill.

If these are new farms, the choice of the area to be exploited will be justified, if there are other possibilities within the mining concession.

5. Design of the holding and calculation of the reserves to be exploited.

5.1 selectivity criteria. Definition of exploitable coal. Setting criteria for defining the minimum powers of exploitable coal, coal recovered in each layer and sterile that is incorporated and minimum qualities of coal to be exploited in relation to the market. Coefficients for conversion of reserves in situ, to raw coal extracted and from this to saleable.

5.2 Criteria for the geometric delimitation of the holding. In order to verify whether the plan meets rational use criteria, the following studies will be provided:

For knowledge of the formation of the field in the area to be exploited, a short geometric model will be designed, applying the parameters previously adopted, that will optimize the use; on this design the Ratio-resource curve, for increasing ratio of the ratio, with sufficient amplitude to be able to determine which part of the resources are economically exploitable to the open sky.

If the projected short does not achieve the total lateral exploitation of the geological unit, as part of it in adjacent concessions, the information available to the competent organ in mining can be provided decide on the desirability of a more rational operation for the whole by agreement between the holders of the adjoining holdings or the formation of a mining coto.

5.3 Basic economic data. In order to establish the economic model of the holding and to calculate its average ratio-the total number of cubic metres of sterile in situ to be removed divided by the total number of tonnes to be extracted-the following basic data shall be determined:

Average total cost of the sterile in situ sterile cubic meter moved and transported to landfill.

Average total cost of the tonne of saleable coal moved to treatment plant, treated and placed in the market.

Impact per saleable tonne of the costs of rehabilitation and protection of the natural space.

Average selling price per tonne, on the basis of the various commercial fractions and their qualities, at the point of marketing.

5.4 Determination of the limits and depth of the short. Average economic ratio.

5.4.1 For the purpose of estimating the approximate short limits, in particular their depth, for the rational use of these energy resources and within general indicative criteria, the calculation of the the average economic ratio of the holding by matching the production costs, depending on the ratio, with the selling price per tonne decreased by 15 per 100 of the investment made per tonne/year, according to the following formula:

Ctm/TV (based on ratio) = Pmv/TV-0.15 i.

Ctm/TV = Average total cost per saleable tonne, considering variable ratio.

Pmv/TV = Average selling price per tonne.

i = Total fixed investment to be made, divided by annual regime production in saleable tonnes.

It will get the average economic ratio, which will be considered minimal to determine the short or excavation design.

In the average total cost per saleable tonne, at constant euros, depending on the ratio, it will be included:

Total cost of the sterile in situ sterile meter removed that will be multiplied by the ratio.

Total cost of the tonne of saleable coal produced, treated and transported to a marketing point.

Impact, per saleable tonne, of the total costs of restoration and protection of the natural space affected by the holding, including, where appropriate, those corresponding to the restoration of the negative effects which are have previously been caused by open pit work.

General expenses of the open-pit operation per saleable tonne.

Depreciation per saleable tonne of assets corresponding to the open-pit holding not included in the total costs above.

Total financial expenses per saleable tonne. They shall be calculated by applying the basic interest rate of the Bank of Spain to the values of gross fixed assets, excluding fixed assets, for the open-pit operation.

For the exclusive purposes of this calculation, in the case of lump-sum or royalty-per-tonne holdings, these figures shall not be considered as expenditure to determine the cost per tonne.

The investment per tonne year produced shall be considered to be the total of the investments credited to the operating plan, not including replacement, with which an interim average ratio of the holding shall be determined, it shall be updated after the final investment has been made and duly justified to the competent authority in mining.

This calculation of the average ratio will not be required in the case of brown lignite holdings.

5.4.2 The average ratio calculated above shall be considered as a minimum for all open-pit coal holdings except in cases where the total extraction of energy reserves with a lower ratio is achieved, as may be due to an advantageous arrangement of the field or a limitation required for underground work already carried out.

The average ratio may not be considered as a minimum, in cases where the operator proposes a project for the rational use of the field by means of a mixed, underground and open-pit operation, their joint and successive implementation with due programming in time, which can be accepted by the competent body in mining, and technically determined which of the two types of operation should be carried forward.

5.5 Delimitation of the holding. The most appropriate final solution of the short one, from the point of view of the use of the reserves, corresponding to the average ratio before calculated, shall be designed as a result of the application of the general taludes, the background width and the transport adopted and the criteria for selectivity and conversion coefficients for raw coal to saleable, determining the height of the banks and berms of transport and security.

Designed this short, under the economic point of view of the average ratio, the sequence of the extraction of the coal and sterile will be planned, in order to achieve in the extraction of the latter a uniform distribution over time with the necessary advance, without limiting it exclusively to the discovery of coal, in order to avoid, in the absence of such practice, annual imbalances in production resulting in negative economic exercises.

However, if, due to special circumstances in the field, the disposal of certain marginal areas or layers of coal is justified, the competent body in question shall, when producing its exploitation, be clearly anti-economic. Mining may accept a lower average ratio than previously calculated. Similarly, the annual work plans may adjust the technical and economic parameters of the short, if significant modifications are made, subject to the general method established.

The following drawings of the defined holding shall be provided at a sufficient scale for correct interpretation:

topographic plane with situation of outcrops, research work, underground farms, etc.

Short-designed floor plan with end position, top edge, and funds.

Representative vertical cuts of each of the differentiated areas of the short one, in sufficient numbers for comparison and cubication.

5.6 Coal and sterile Cubication. Detailed and detailed cubication by zones and depths, in tons, of raw and matinable coal, using the most appropriate method. Average qualities of the raw coal and the various fractions of the saleable.

Cubic meters in situ of the sterile to remove and its distribution according to the method of starting.

5.7 Coexistence of underground labors with open skies. In this case, the reciprocal effects between the two, including those relating to water, shall be considered, in order to be taken into account, in the case of temporary matching of these holdings. carry out the relevant studies in the opinion of the competent body.

6. Mining study.

6.1 Basic data. Production levels. Production of raw and saleable coal in tonnes year. Justification for the pace chosen. Sterile movement in cubic meters/year in situ and sponges.

Organization of the job. Working days/year, relays/day, hours/relay, hours/year. Mode according to administration, contract, or mixed.

6.2 Operating Method.

6.2.1 Description of the chosen system.

6.2.2 Equipment Equipment. Determining the type and number of machines required for the set of operations to be performed.

6.2.3 Total template required, broken down and contracted, hours/day, relays/day, hours/year, and yields.

6.2.4 Opening of the mine. Calculation of the sterile movement necessary to discover the coal and ensure the scheduled production, with a minimum advance of one month.

Trailing gaps. Definition of the final voids to occur.

7. Required infrastructure.

7.1 Works to perform:

Diversion and protection works for existing infrastructure, water courses, housing, etc.

Drain and drain works.

Tracks for short and transportation access to landfills, auxiliary facilities and mine links to the road network. All of them will be reflected in the exploitation plan.

7.2 Main auxiliary installations. Brief description of the same.

Coal treatment plant, storage parks and decantation rafts.

Workshops and service station (layout and surface).

Offices, warehouses, toilets, kit (layout and surface).

Power supply (capacity and description).

Industrial and drinking water supply (needs and description).

Drains and pumps when they are accurate and conditioning the waters before delivery to the river network, where necessary.

Other installations.

8. Planning of the operation.-The planning of the operating plans for the foreseeable duration of the short duration, until the exhaustion of the exploitable resources, will be developed in clearly defined periods, at least five years, provided their duration is higher.

It will include the general planning of the mine and tailings, as well as the reserves to be exploited with its definition, gross and saleable productions, cubic meters of sterile removed and predicted ratios. The programming of the sterile removal shall be carried out, with the necessary advance on the production, uniformly throughout the life of the holding.

The first period shall be developed in sufficient detail for its full definition as a final operating project for that period. The detailed developments of the following periods shall be submitted for approval at a later date and thereafter.

Detailed planning will be performed for each of the years of the first period, in the same way, including the initial unmount phases.

The previous schedules will include operations concerning the restore plan.

9. Investments, valuation and timing.

9.1 Terrain.

9.2 Bypass and protection works.

9.3 Access and Transport Pists.

9.4 Initial Research: Assessment of studies and research work prior to the plan.

9.5 Machinery: Enumeration and valuation of the above described.

9.6 Coal treatment plant, storage parks and decantation rafts.

9.7 Other auxiliary facilities.

9.8 Initial Dismount. Assessment of the sterile movement deducted in paragraph 6.2.4.

9.9 Other Investments.

10. Cost forecast.-Cost forecast per saleable tonne, adapted to the General Accounting Plan for the mining of the coal at constant euros of the year in which the plan is established and for the situation and situations of the regime.

11. System of operation. The owner of the operation shall provide all the information and information required, even if all or part of the work is carried out under contract. In this case, it will be provided separately by the contractor and the company itself.