Dominique Petit

Operating mines inevitably modifies the natural environment. While the mine is being worked, these modifications are not much of a concern, since the operator does what needs to be done to cope with them. When mining stops however, the operator vanishes, and installations are abandoned. In this new situation, concerns increase as, owing to the shutdown, local business wanes and the tax base dries up. France is faced with questions of this sort in the former coal mining basins in Nord-Pas-de-Calais, Lorraine and Centre-Midi, in the potash mining areas in Alsace and in the former iron ore mines in Lorraine. During the second quarter of 2003, the Conseil Général des Mines and the General Inspection of Finances undertook an assignment from the Ministry of the Economy, Finances and Industry to assess how postmining operations are being managed in France. This overview of practices in several mining areas brings to light common points as well as specific traits.

The risks of former mine operators being held liable: The implementation of a plan for preventing legal risks

Yvon Martinet

Shutting down mines has “mechanically” increased the risks of cave-ins. The local (communal and/or departmental) administrations responsible for supervising the situation do not necessarily have the means for managing shafts and tunnels. For this reason, two acts were passed in 1994 and 1999 to reform how mines are managed after shutdowns. Managing postmining operations has spawned lawsuits against former operators, even though they shut down their mines in compliance with the laws and regulations in force at the time. By virtue of these two acts, administrative authorities are now trying to make the former operators fill in shafts and tunnels. Moreover, individuals often try to obtain compensation for the damages caused by shut-down mines. This situation causes uncertainty for various parties; and the legal settlements being proposed are not sufficiently clear. Information is provided for thinking about how to implement a “legal risk prevention plan”, which former mine operators should bear in mind.
 

Virginie Dodeler and Cyril Tarquinio

Research has been conducted to assess the extent to which the risk of losing one’s home or seeing it damaged due to a mine cave-in influences an individual’s state of health and, in particular, of anxiety. According to the results, persons living in such risky situations have higher anxiety scores than members of a control group. Furthermore, their perception of the environment apparently affects their anxiety: the individuals most affected have a deteriorated perception of their environment. This study draws attention to the key role played by networks of associations, where inhabitants feel they can obtain reliable information.

The Conseil d’État’s decision interpreting the Mining Code’s provisions about mine shutdowns

Geneviève Couderc and Sophie Sanvee

In line with the special police powers granted by article 77 of the Mining Code, administrative authorities may issue orders to a mine operator to undertake measures for ensuring public safety and security and for reinforcing the solidity of public and private buildings. When major risks to the security of goods and persons crop up following warrants for executing such orders, administrative authorities can step in once again and either take, till the expiration of mining rights, new measures, or else order, when risks of cave-ins have been identified, an operator to set up and run the equipment necessary for supervising and preventing these risks until these duties are transferred to the state. However a decision by the Conseil d’État on 22 October 2003 formulates a reservation: if the administration has not used the procedure for definitively shutting down a mine to identify all risks and order the operator the measures for ensuring security in line with all known risks, then the administration itself will carry the responsibility for implementing such measures.
 

Didier Charpentier

A century of mining and industry has left scars that make it harder to reconstruct a satisfying economy and environment in northern Lorraine’s iron-and-steel and coal basins. For this reason, the French state and Lorraine are supporting redevelopment in these areas. A special “postmining” section in the fourth state/region contract foresees exceptional outlays. The experience acquired since 1986 by the Établissement Public Foncier Lorraine in handling former industrial sites, recycling real estate and dealing with urban wastelands has led the state and region to rely on it for implementing this program. The ÉPFL has thus become a financial partner and operator under several headings of the aforementioned section: treating blighted areas; polluted sites and soil; connecting mining basins to other areas; operations for reshaping the landscape; a pole in environmental engineering; the territorial dynamics of border areas; the search for a large zone for installing business; and real estate reserved for rehousing victims.

Rehabilitating closed mining sites in North Rhine-Westphalia’s coal basin

Andreas Mennekes and Klaus Bekemeier

The Ruhr is a region undergoing a reconversion. In recent years, several jobs have been lost in the coal, iron and steel industries, especially in coal mines. This trend is going to continue. Rehabilitating former industrial sites so that they can welcome new industries and businesses is decisive for this region. A rapid and financially advantageous reconversion requires coherence and continuity in the rehabilitation measures undertaken by the companies that serve as receivers, by local authorities and by investors who want to launch new projects. All these parties must manage the various phases of this process in a spirit of coordination.