Section 69-36-1 – Short title.
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 […]
Section 69-36-2 – Purposes.
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.
Section 69-36-3 – Definitions.
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 […]
Section 69-36-4 – Interim program; limitations.
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 […]
Section 69-36-5 – Mining operation site assessment.
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 […]
Section 69-36-6 – Mining commission; created; members.
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 […]
Section 69-36-7 – Commission; duties.
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 […]
Section 69-36-8 – Regulations; adoption process.
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 […]
Section 69-36-9 – Director; duties.
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 […]
Section 69-36-10 – Confidentiality.
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 […]