Gia Lai guides the exploitation of minerals as filling materials, mineral recovery from agricultural land improvement projects

Accordingly, implementing the direction of the Provincial People's Committee in Official Dispatch No. 09/UBND-CNXD dated January 2, 2025 on the implementation of the Pilot Plan for recovering surplus products arising in the process of agricultural land improvement in the province, the Department of Agriculture and Environment has the following opinions:

According to Section 3.2 of the Pilot Plan for the recovery of surplus land products arising during the process of agricultural land improvement, the pilot implementation period for the Emergency Public Investment Project on embankment to prevent landslides on river and stream banks in the Chu Rang 2 electric pumping station area, Quy Duc village area, Ia Kdam bridge area (Ia Pa district) and construction investment projects under the national target program: the pilot implementation period is until January 15, 2025 (expected to come into effect according to the provisions of Clause 2, Article 110 of the Law on Geology and Minerals).

The Provincial People's Committee requires localities to strictly control the amount of surplus soil (from agricultural land reclamation) that can be used as filling materials for construction projects. Photo: Kim Linh

Currently, the granting of a License to exploit minerals for filling materials (group IV minerals) without auctioning the right to exploit minerals is done for " organizations approved by competent state management agencies, selected as construction contractors in the following cases: construction of important national projects, urgent public investment projects, works, construction items under national target programs according to the provisions of the law on public investment; implementation of emergency mobilization measures to promptly respond to emergency situations of natural disasters, construction of works to prevent and combat natural disasters in accordance with the provisions of the law on prevention and combat natural disasters , implemented according to the provisions of Clause 2, Article 72, Article 73, Article 74 of the Law on Geology and Minerals (effective from January 15, 2025); Regarding the order and procedures for granting a License to exploit minerals, it is implemented according to the provisions of Decree No. 11/2025/ND-CP dated 15-1-2025 of the Government detailing a number of articles of the Law on Geology and Minerals on the exploitation of Group IV minerals and Circular No. 01/TT-BTNMT dated January 15, 2025 of the Ministry of Natural Resources and Environment (now the Ministry of Agriculture and Environment) detailing a number of articles of the Law on Geology and Minerals on the exploitation of Group IV minerals).

The term of the Mineral Exploitation License granted to the organization specified in Clause 2, Article 72 of the Law on Geology and Minerals, implemented in accordance with the provisions of Clause 2, Article 4 of Decree No. 11/2025/ND-CP dated January 15, 2025 of the Government, has a maximum term equal to the implementation term of the project or construction using minerals stated in the Mining License, including the time for basic construction of the mine and the exploitation time. The term of the mining license may be extended multiple times, but the total time of issuance and extension shall not exceed the implementation term (including the extended or adjusted term) of the project or construction using minerals stated in the mining license.

The dossier for requesting a mineral exploitation license without auctioning the mineral exploitation rights ( for the construction of important national projects, urgent public investment projects, works, and construction items under national target programs according to the provisions of the law on public investment; implementing emergency mobilization measures to promptly respond to emergency situations of natural disasters, construction of natural disaster prevention and control works) shall be submitted to the Department of Agriculture and Environment for consideration and settlement according to regulations; regarding the authority to grant a mineral exploitation license under the authority of the Provincial People's Committee according to the provisions of Clause 3, Article 5 of Decree No. 11/2025/ND-CP dated January 15, 2025 of the Government.

Reclaiming surplus land during the process of renovation and construction of works on residential land and agricultural land will partly meet the shortage of fill land for works and projects. Illustrative photo

Mineral recovery during the process of renovation and construction of works on residential land and agricultural land shall be implemented in accordance with the provisions of Point d, Clause 1 and Point b, Clause 2, Article 75 of the Law on Geology and Minerals (effective from July 1, 2025) , specifically:

At Point d, Clause 1, Article 75 of the Law on Geology and Minerals, it is stipulated: “ d ) Land users who carry out renovation and construction on residential land and agricultural land are allowed to recover minerals of Group III and Group IV from renovation and construction activities on residential land and agricultural land” ;

At Point b, Clause 2, Article 75 of the Law on Geology and Minerals, it is stipulated: “ b) For the case specified in Point d, Clause 1 of this Article, land users are only allowed to recover minerals when they are required to level and dig the terrain surface to create a construction site for items of that project ” .

Currently, the Government and the Ministry of Natural Resources and Environment have not issued a Decree or Circular detailing the implementation of the Law on Geology and Minerals. After the Decree or Circular detailing the implementation of the Law on Geology and Minerals is issued, the Department of Agriculture and Environment will guide the procedures for mineral recovery during the renovation and construction of works on residential land and agricultural land according to regulations.

In the document, the Department of Natural Resources and Environment requested relevant departments, branches, sectors, People's Committees of districts, towns, cities and mineral enterprises in the province to study and implement. During the implementation process, if there are any problems, please contact the Department of Agriculture and Environment (through the Department of Geology and Minerals) for guidance.

Source: https://baogialai.com.vn/gia-lai-huong-dan-khai-thac-khoang-san-lam-vat-lieu-san-lap-thu-hoi-khoang-san-tu-du-an-cai-tao-dat-nong-nghiep-post317682.html