Is the reform of the mining code beneficial to ecology?

by time news

► “At best an upgrade in relation to environmental requirements”

Olivier Gourbinot, lawyer in charge of monitoring the reform of the mining code for France Nature Environnement

“In 2011, at the time of the shale gas controversy, the mining code in force had proved to be particularly obsolete because it did not provide for public participation and consideration of the environment. At the time, there was a shared observation, all political tendencies combined, that it needed to be reformed. In 2013, under the presidency of François Hollande, State Councilor Thierry Tuot submitted a report, after consultation with stakeholders. Thereafter, the reform of the mining code was constantly mentioned, but the projects continued and authorizations were issued, including at sensitive places for the environment. Since then, the 2021 climate and resilience law has partly reformed the mining code by imposing the environmental assessment of research permits and mining concessions. It also authorized the government to pursue the reform of the code by ordinances.

It’s not a revolution. It is, at best, an upgrade to the requirements of the environmental code. Today, the reform is still in progress and several ordinances, modifying important points, will only come into force between 2023 and 2024. We are therefore waiting to see the consolidated texts to judge the final result. »

► “It ensures our sovereignty and our ecological transition”

Damien Adamdeputy (LREM) for the 1st constituency of Seine-Maritime, rapporteur for articles 20 and 21 of the mining code

“The reform of the mining code had been lying fallow for a very long time. It was necessary to correspond to the aspirations of the population, both on the environmental level and on the human level. We therefore wanted to add these dimensions to the code, in particular through consultation with local elected officials. Take the example of the Montagne d’Or, an industrial gold mine project in Guyana: the mining code did not allow the government to refuse this project for environmental reasons. Today, the law authorizes it if the requirements on the ecological transition are not respected.

This reform was also important to allow the extraction of mineral resources, because we need to redevelop this activity. The idea is not to extract coal and oil, but at least to ensure our sovereignty and our ecological transition. The reform thus restricts the possibilities of extracting resources and favors compliance with environmental standards. The health risk and people are better taken into account. A provision has been added, which provides that when a company fails, the prefects now have the possibility of seeking responsibility from the parent companies. It’s written in the hard of the law. »

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