INTIEAFrance · Reform of the Mining CodePolicyIn force

Reform of the Mining Code

The Mining Code was first established in 1956 and last reformed in April 2022, in line with the Loi Climat et Résilience of 22 August 2021. Four ordinances are being implemented:  Integration of mining works into the environmental permit system from 1st January 2023;…

Last changed 1 year ago.

Extracted view for reading · Original for compliance evidence

Lifecycle

  1. Effective
  2. Last change

Country / jurisdiction: France · Year: 2022 · Status: In force · Level: National · Type: Voluntary

The Mining Code was first established in 1956 and last reformed in April 2022, in line with the Loi Climat et Résilience of 22 August 2021. Four ordinances are being implemented:

Integration of mining works into the environmental permit system from 1st January 2023;

Compensation and reparation for mining damage, which is extended to environmental and health damage. The liability rests with the explorer or operator in case of mining damage;

Modification of the mining model and the legal regimes under the mining code;

Adaptation of the mining code in overseas France (ensuring that mining projects are compatible with the environment, particularly concerning the protection of biodiversity and primary forests). This ordinance affects the Overseas Departments and French Guyana but not the French Southern and Antarctic Lands, Overseas Territories, and New Caledonia.

The Mining Code contains laws and regulations applicable to exclusive exploration permits or mining rights, and as such determines that:

An environmental permit is required from holders of exclusive exploitation (concession) and exploration (exclusive research permit) rights for projects that present serious hazards and inconveniences. Such environmental permits can be obtained as described in the Environment Code.

The exclusive exploration permit provides exclusive rights for the exploration of a commodity in a certain area. This legal regime is defined by the Mining Code (articles L. 132-1 to L. 122-3), which underwent a reform in 2022. The Mining Code determines that no one may obtain an exclusive research permit unless they have the technical and financial capacity to carry out the research work and to assume the obligations mentioned in the decrees issued to protect the interests mentioned in article L. 161-1 and articles L. 161-1 and L. 163-1 to L. 163-9 of the Mining Code. A decree issued by the Conseil d'Etat defines the criteria for assessing these capacities, the conditions for awarding these titles and the procedure for examining applications. Exclusive exploration permits can initially be delivered for a maximum duration of five years.

Mining concessions provide exclusive rights for the extraction of a commodity in a certain area. This legal regime is defined by the Mining Code (articles L. 132-1 to L. 132-18), which underwent reform in 2022. Before exclusive mining rights can be attributed, public participation must be strengthened and environmental considerations must be taken into account. Concession holders must also secure an environmental permit ("Autorisation overture des travaux miniers") before beginning operations.

A national strategic policy for the sustainable management of underground resources and activities has to be updated at least every five years and formally translated into a report, which must include a survey of existing deposits, a strategy for the management of these resources, a description of possible techniques to explore and exploit these resources, as well as an evaluation of possible environmental and sanitary impacts and measures to reduce these impacts. Information on the main characteristics of applications for mining permits currently under examination, valid mining permits and other mining authorisations, as well as a map showing their perimeter on national territory, should be made available to the public in electronic form, in an open standard that can be freely reused and exploited.

The Mining Code is applicable to a limited number of commodities, including: Hydrocarbons and fossil fuels, excluding peat, whether in solid, liquid or gaseous form; graphite; diamond; Sodium and potassium salts in solid or dissolved form, with the exception of those contained in salt water used for therapeutic or recreational purposes; Alum, sulphates other than alkaline-earth sulphates; Bauxite, fluorite; Iron, cobalt, nickel, chromium, manganese, vanadium, titanium, zirconium, molybdenum, tungsten, hafnium, rhenium; Copper, lead, zinc, cadmium, germanium, tin, indium; Cerium, scandium and other rare-earth elements; Niobium, tantalum; Mercury, silver, gold, platinum and platinum mine metals; Helium, lithium, rubidium, caesium, radium, thorium, uranium and other radioactive elements; Sulphur, selenium, tellurium; Arsenic, antimony, bismuth; Carbon dioxide, with the exception of gas naturally contained in waters that are or may come to be used for human consumption or therapeutic purposes; Phosphates; beryllium, gallium, thallium; Native hydrogen.

The Mining Code considers that these commodities are a public good and therefore do not belong to the landowner. The Code also regulates geothermal energy and mineral extraction in the domestic seabed.

Official source: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045570527

Source

https://www.iea.org/policies/16962

Canonical document at the regulator. Always cite this URL — not the Vantage detail page — in compliance evidence.

Related in International

INTEnergy Newsoilprice:oilprice-article-45056NewsIn force

The U.S. Army Just Called China’s Bluff in the Rare Earth War

Just recently, in a span of about six weeks, one impressive company was selected by the U.S. Army to build and operate rare earth processing facilities on an American military base…the first time the Army has ever done this. That same company closed $100 million in institutional financing, giving it a war chest of roughly $130 million. It was also formally added to the Russell 3000 Index. And it locked in MOU’s for feedstock agreements covering billions of tonnes of rare earth-bearing material from sources across Wyoming, Appalachia…

11 hours ago
INTEnergy Newsoilprice:oilprice-article-45052NewsIn force

Oil Prices Ignore the Warning Signs in Physical Markets

Oil price movements since the start of March this year have become the topic of dozens of discussions. Many have been puzzled by futures prices and why they haven’t gone through the roof given the severe disruption in Middle Eastern supply. It appears the reason is sheer optimism and a bet on market adaptability. However, there is a problem with that. Adaptability has limits. Many commentators like to compare the current oil price—and supply—situation to 2022, when Russia’s incursion into eastern Ukraine prompted an actual…

12 hours ago
INTEnergy Newsoilprice:oilprice-article-45054NewsIn force

The World’s Largest Sand Battery Is Now Online

Modern power grids require a constant, real-time balance between supply and consumption. Unfortunately, the integration of wind and solar energy makes power grids unstable due to the intermittent nature of renewable energy generation. To prevent localized grid blackouts or harmful voltage spikes, utilities are increasingly pairing renewables with battery storage and/or rapid-response natural gas plants to smooth out fluctuating supply. However, Finland has now come up with a rather eccentric method to store excess renewable energy and release it…

13 hours ago
INTEnergy Newsrigzone:https://www.rigzone.com/news/wire/australia_to_study_first_new_oil_refinery_since_60s-28-jul-2026-184235-article/?rss=trueNewsIn force

Australia to Study First New Oil Refinery Since 60s

Prime Minister Anthony Albanese Tuesday announced a study for a new refinery in Karratha in Western Australia, backed by A$4 million ($2.8 million) of government funds.

14 hours ago
INTEnergy Newsoilprice:oilprice-article-45055NewsIn force

Refined Fuels, Not Crude, Are Driving the Oil Market Crunch

Oil prices have just come off a fresh two-month high as the crude oil market has tumbled this week amid signals of de-escalation in the U.S.-Iran conflict. Despite the slump in crude prices and the extreme volatility in the past five months, the refined product market continues to tighten with refining margins at record highs because the supply of petroleum products is much tighter than crude supply. Refining margins held at record highs even as crude oil prices soared last week to $100 per barrel. That’s because global gasoline, diesel,…

14 hours ago