Supervision

Under Chapter 15, section 1 of the Minerals Act, the Chief Mining Inspector is charged with the task of supervising compliance with the Minerals Act and the conditions or regulations issued pursuant to the act. Supervision conducted by the Inspectorate involves checking work carried out under exploration permits and exploitation concessions. Supervision may be initiated by the Chief Mining Inspector. It may also result from a report made by someone who considers that supervision is justified. The Chief Mining Inspector also carries out annual inspections of all mines in production.

Following an investigation in a supervisory matter, the Chief Mining Inspector may decide to take no further action. This occurs if the investigation of the operator reveals no cause for action. The Chief Mining Inspector can also discontinue a supervisory matter if the permit holder voluntarily takes actions considered sufficient during the investigation, or complies with an order to do so after the investigation.

If the investigation in a supervisory matter gives cause for action, the provisions of Chapter 15 of the Minerals Act empower the Chief Mining Inspector to issue an order to take necessary actions. If a permit holder does not comply with an order, the Chief Mining Inspector can impose a fine.

If the Chief Mining Inspector finds that a permit holder is carrying out work in a manner endangering public or private interests, the Chief Mining Inspector may prohibit the work. That decision applies immediately and is legally enforceable.

Chapter 15, section 6 of the Minerals Act specifies the breaches of the provisions of the Act that may constitute criminal offences. For example, anyone commencing exploration work without a valid work plan or without having put up the prescribed security may be fined or sentenced to prison for a maximum of six months.

Decisions of the Chief Mining Inspector on matters concerning supervision may be appealed to the administrative court.

Under the tabs on the left you can read more about procedures at the Mining Inspectorate for annual inspections of mines and supervision of mineral exploration.