Chapter 69, Article 36 NMSA 1978 may be cited as the “New Mexico Mining Act”. History: Laws 1993, ch. 315, § 1; 2014, ch. 32, § 1. ANNOTATIONS Cross references. — For regulation of lands affected by coal surface mining, see Chapter 69, Article 25A NMSA 1978. The 2014 amendment, effective March 7, 2014, added […]
If the operator designates as confidential an exploration map, financial information, information concerning the grade or location of ore reserves or trade secret information, the director shall maintain the information as confidential and not subject to public records or disclosure laws; provided that if a request is made for public review of the information, the […]
A. An owner or operator of an existing mining operation shall submit a permit application to the director by December 31, 1994. The permit application shall contain all information required by regulation of the commission, including a proposed compliance schedule for submission of a closeout plan within the shortest time practicable. The director shall approve […]
A. After the effective date of the New Mexico Mining Act, except as provided in Section 5 [69-36-5 NMSA 1978] of that act, no person shall conduct a new mining operation without a permit issued by the director. Applications for permits for new mining operations operating pursuant to Section 5 of the New Mexico Mining […]
A. After December 31, 1994, a person shall not engage in exploration operations in New Mexico without first obtaining a permit to conduct exploration from the director. In order to be approved by December 31, 1994, the application for a permit to conduct exploration shall be submitted by September 1, 1994. A permit to conduct […]
A. A person having an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with the New Mexico Mining Act. Such action may be brought against: (1) the department of environment, the energy, minerals and natural resources department or the commission alleging a violation […]
A. Any order, penalty assessment or issuance or denial of a permit by the director pursuant to the New Mexico Mining Act shall become final unless a person who is or may be adversely affected by the order, penalty assessment or issuance or denial of a permit files, within sixty days from the date of […]
A. A person who is or may be affected by a rule of the commission may appeal the action of the commission by filing a notice of appeal with the court of appeals within thirty days from the filing date of the rule with the state records center. All appeals of rules shall be taken […]
A. Civil penalties may be assessed by the director or the commission for violations of the New Mexico Mining Act, including a violation of a regulation of the commission, an order of the director, a permit condition and the order resulting from a hearing. B. Civil penalties assessed by the director or the commission shall […]
A. Any person who knowingly or willfully violates the New Mexico Mining Act, regulations adopted by the commission or a condition of a permit issued pursuant to the New Mexico Mining Act or fails or refuses to comply with a final decision or order of the commission or the director is guilty of a misdemeanor […]
A. There is created within the state treasury the “mining act fund”. All money received by the state from permit applicants, permit holders, the federal government, other state agencies or legislative appropriations shall be delivered to the state treasurer and deposited in the fund. Disbursements from the fund shall be made upon warrants drawn by […]
The purposes of the New Mexico Mining Act include promoting responsible utilization and reclamation of lands affected by exploration, mining or the extraction of minerals that are vital to the welfare of New Mexico. History: Laws 1993, ch. 315, § 2.
Nothing in the New Mexico Mining Act shall limit any right that any person or class of persons may have pursuant to any statute or common law to seek enforcement of the New Mexico Mining Act and the regulations adopted pursuant to that act, or to seek any other relief. History: Laws 1993, ch. 315, […]
As used in the New Mexico Mining Act: A. “affected area” means the area outside of the permit area where the land surface, surface water, ground water and air resources are impacted by mining operations within the permit area; B. “commission” means the mining commission established in the New Mexico Mining Act; C. “director” means […]
A. Nothing in the New Mexico Mining Act shall supersede current or future requirements and standards of any other applicable federal or state law. B. After the effective date of the New Mexico Mining Act and until the commission adopts regulations necessary to carry out the provisions of the New Mexico Mining Act, county mining […]
A. After the effective date of the New Mexico Mining Act, the operator of a new mining operation may operate that new mining operation until the operator is either granted or denied a permit for a new mining operation provided that the operator submits to the director on or before June 30, 1994 a site […]
A. The “mining commission” is created. The commission shall consist of seven voting members, including: (1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or his designee; (2) the secretary of environment or his designee; (3) the state engineer or his designee; (4) the […]
The commission shall: A. before June 18, 1994, adopt and file reasonable regulations consistent with the purposes and intent of the New Mexico Mining Act necessary to implement the provisions of the New Mexico Mining Act, including regulations that: (1) consider the economic and environmental effects of their implementation; (2) require permitting of all new […]
A. No regulation shall be adopted, amended or repealed without a public hearing before the commission or a hearing officer appointed by the commission. B. Any person may recommend or propose regulations to the commission for adoption, amendment or repeal. The commission shall determine within sixty days of submission of a proposed regulation whether to […]
The director shall: A. exercise all powers of enforcement and administration arising under the New Mexico Mining Act not otherwise expressly delegated to the commission, execute and administer the commission’s regulations and coordinate the review and issuance of permits for new and existing mining operations and exploration with all other state or federal permit processes […]
