Abstract: Mine environmental legislation is an integral component of the overall mining legislative system. The legal frameworks adopted by different countries to regulate mine environments vary significantly. Developed countries combine mining legislation with specialized environmental laws, whereas developing countries primarily rely on mining legislation. The scope of regulation has expanded to cover the entire lifecycle management of mining activities. From a systemic perspective, these regulations can be broadly categorized into four main types: basic environmental protection laws, single-medium environmental protection laws, mining laws, and specialized mine environmental protection laws. A common feature of these legislative approaches is their comprehensive coverage of issues such as land protection, environmental impact assessment, licensing systems, and land reclamation. Key institutional mechanisms addressed include the environmental impact assessment system, deposit and financial guarantee systems, ecological restoration and land reclamation programs for mined lands, the environmental permitting system, and environmental monitoring and inspection regimes. This article provides a comprehensive review of foreign mine environmental legislation, focusing on its systemic framework, distinctive characteristics, and the major institutional mechanisms involved in its legislative processes.
Keywords: Mine environment, legislation, legal system, institutions, environmental impact assessment, deposit, land reclamation.
Mineral resources exist within the natural environment, and the development of these resources inevitably has an impact on the natural environment. On the one hand, humans must strive to minimize the adverse effects of mineral development on the natural environment; on the other hand, they must also work to restore the environment that has already been damaged. Although both objectives can be achieved through technological advancements, fundamentally managing mine-site environments requires legislation as the most effective and long-term solution. The damage caused by mine-site environmental degradation has made humanity realize this fact. Consequently, developed countries—especially major mining nations—have continuously formulated and revised laws over the past century to manage mine-site environments, with remarkably positive results. Therefore, it is highly necessary to summarize the patterns underlying foreign legislation on mine-site environments, as this holds significant practical implications for revising and improving China’s mineral resources law.
I. Overview of Foreign Legislation on Mine Environment
The legislation on mine environmental protection has its longest history in the United States, and it was not until the early 1970s that developed industrialized countries had established a relatively comprehensive system of management measures and legal regulations. Over the past two decades, developing countries have attached great importance to environmental issues and have gradually placed mine environmental management and remediation high on their policy agendas. However, most countries have not yet enacted specific laws dedicated solely to mine environmental protection; instead, they have continuously refined and strengthened the provisions on mine environmental management through ongoing amendments to mining laws, resource laws, and environmental protection laws. Only a small number of countries have specifically formulated laws and regulations addressing mine environmental protection, primarily drawing on basic environmental protection laws and mining laws—these can also be regarded as implementing rules for environmental protection management within mining laws. For example, Japan’s “Mine Safety Law” and “Special Measures Law for Countermeasures against Mining Damage in Metal Mining and Other Industries” clearly stipulate in their legal texts matters such as mine environmental management, supervision, land reclamation, and remediation costs. In recent years, in response to the growing internationalization of the mining industry and the increasing emphasis on environmental protection, many countries around the world have revised their mining laws or their implementing rules and regulations, adding more comprehensive and stringent environmental protection provisions, including specific regulations on mine restoration, reclamation, and closure. For instance, Japan’s “Mining Law” explicitly defines liability for compensation for environmental damage caused by mining activities and has introduced a deposit system. Building upon the “Mining Law,” Japan has enacted the “Mine Safety Law,” which applies primarily to currently operating mines, and the “Special Measures Law for Countermeasures against Mining Damage,” which applies mainly to closed mines (hereinafter referred to as the “Special Measures Law”). In 1999, the federal government enacted the “Federal Act on Environmental Protection and Biodiversity Conservation,” establishing the principles and standards that the mining sector must follow. The main contents include: conducting environmental impact assessments; formulating environmental policies and management plans; preparing mine closure and reclamation plans; implementing financial guarantees and paying environmental remediation fees and compensation charges; and conducting regular environmental audits, among other requirements.
As can be seen from this, mining law is the legal framework most closely associated with the management and protection of mine environments, and its importance is steadily increasing—so much so that it has even been given a dedicated chapter to further clarify and strengthen the content related to mine environmental management.
II. The Basic Framework of Foreign Mining Environmental Legal Systems
In some major mining countries and developed nations, a relatively comprehensive legal framework for mine environmental management has largely taken shape. Most developing countries have enacted environmental protection laws as well as laws governing the protection of various media. However, until recently, environmental regulations specifically tailored to mining and mineral-processing activities were still quite rare. Some developing countries, such as Chile and Brazil, have simply adopted the U.S. model but have found it difficult to implement due to inherent institutional challenges. A more effective approach—adopted by several Asian countries—is to strengthen the environmental protection provisions and requirements within their mining laws themselves.
There are numerous laws and regulations abroad concerning mine environmental protection. However, from the perspective of their legal systems, these can be broadly categorized into four main types: basic environmental protection laws, specialized media-specific environmental protection laws, mining laws, and special laws dedicated to mine environmental protection. Figure 1 illustrates the framework of Japanese laws and regulations governing mine environmental management. As shown in the figure, among the specialized media-specific environmental protection laws, water environmental protection (including the prevention and control of water pollution) is the most critical component.
Table 1 presents, in the form of examples, typical cases of these four categories of laws and regulations in various countries, as well as their main contents related to mine environmental management.
3. Characteristics of Mining Environmental Legislation
Whether in developed or developing countries, great attention is paid to environmental considerations throughout the process of drafting and refining mining laws. In terms of environmental protection, from exploration and mining through ore dressing and smelting to mine closure and land reclamation—whether it involves mines that have already been closed and ceased operations or those currently in operation—from oil, metallic ores, and coal mines to specialized radioactive uranium mines—comprehensive regulations and management guidelines have been established. Specific provisions or restrictions have also been laid down regarding requirements for future and ongoing mining operations, abandoned mines, small-scale mining, the agencies responsible for approval, monitoring, and enforcement, as well as governance and control measures and economic incentives.
In some developed countries, such as the United States, Canada, and Australia, a comprehensive system has essentially been established—from the federal level down to the state (province) level—and distinct environmental management laws and regulations have been formulated for different types of mineral resources, ranging from metallic minerals and oil & gas to coal mines, uranium mines, and even stone materials. These legislative frameworks are relatively detailed, clear, and highly operational. For example, the U.S. “Surface Mining Control and Reclamation Act” enacted in 1977 (hereinafter referred to as the “Reclamation Act”) lays out in great detail the standards and procedures applicable to both existing and newly opened mining operations, as well as the reclamation techniques and objectives. The Act stipulates that land use must be restored to its original purpose, requiring measures such as stabilizing mine tailings, restoring topsoil, minimizing the risk of mine drainage as much as possible, and planting grass and trees tailored to local conditions. Moreover, the “Comprehensive Environmental Response, Compensation, and Liability Act,” commonly known as the “Superfund,” establishes a system of reverse liability and joint and several liability, obligating the wealthiest former mine owners to clean up and remediate abandoned sites, after which they may seek reimbursement from other liable parties themselves.
For these developed countries, environmental regulations related to mining vary considerably, yet they also share certain commonalities, primarily concerning issues such as land protection, environmental impact assessment, licensing systems, and land reclamation. The common characteristics shared by developed countries such as the United States, Canada, and Australia are particularly representative (see Table 1).
Developing countries are accelerating their pace in enacting environmental legislation for mining activities. Over the past decade or so, mining laws in Asian countries have begun to address environmental issues, incorporating at least some specific environmental requirements. However, overall, these legal provisions remain fragmented, vague, and poorly enforceable (see Table 2). For example, reclamation requirements are scattered across various laws and regulations related to mining and environmental protection—such as the Mineral Resources Act, the Environmental Protection Act, the Water Act, and the Land Law—lacking dedicated legislation akin to the U.S. Reclamation Act. To illustrate, South African law merely requires mining companies to “remove all structures” and “clear all waste.” Such broad and general provisions not only hinder practical implementation but also leave significant room for discretionary power and negotiation within the authorities. Moreover, most developing countries tend to focus on post-closure environmental remediation while neglecting concurrent environmental management during the mining process itself.

IV. Major Systems Involved in Mining Environmental Legislation
Whether in developed or developing countries, efforts related to mine environmental protection and management can generally be divided into four key stages: legislation and standard-setting; issuance of permits; implementation of relevant policies, laws, regulations, and standards; and supervision and mandatory enforcement. With regard to the legal framework for mine environmental management, the following points can be summarized:
1. Environmental Impact Assessment System
An Environmental Impact Assessment (EIA) is a localized prediction of how economic activities will affect environmental protection. The preparation, drafting, and approval of such assessments are highly complex undertakings. Typically, the project applicant (a company) submits an environmental impact report, or the company commissions experts from impartial organizations to conduct the assessment at its own expense. As a fundamental measure of environmental management, EIAs are increasingly being applied to mining projects. Both developed and developing countries have relatively specific requirements regarding EIAs. For instance, in Asian countries, it is generally required that EIA reports be submitted to and approved by the government. In most of these countries, the EIA must be reviewed and approved prior to the issuance of mining rights. Such requirements are usually stipulated directly in the mining laws themselves.
2. Deposit and Financial Guarantee System
Developed countries and most developing countries have established a variety of deposit and financial guarantee systems for the protection and remediation of mine environments, ensuring that measures for mine environmental management and land reclamation are effectively implemented. In some Asian countries, current holders of mining rights are required to set up certain types of financial guarantees for environmental protection—typically in the form of trust funds or bonds. These guarantees are either used to prevent and mitigate potential environmental damage during mining operations or to fund land reclamation efforts. With regard to trust funds, some are directly managed by government agencies (e.g., Mongolia and the Philippines), while others are established through private financial institutions (e.g., Vietnam and Cambodia). In most countries, once all obligations have been fulfilled, any remaining funds are returned in full to the contributors. Additionally, some countries have adopted different fund structures and management approaches tailored to mines of varying sizes. For example, Malaysia has established two separate funds: the Mine Rehabilitation Fund for large-scale mines and the Common Rehabilitation Fund for smaller mines.
3. Mine-site ecological restoration and land reclamation system
Before applying for mining projects in most countries, it is generally mandatory to submit a mine-site rehabilitation or land-reclamation plan for review and approval by the relevant authorities before implementation. Examples include Brazil’s “Degraded Land Rehabilitation Plan,” Spain’s “Mining-Damaged Area Rehabilitation Plan,” and Ontario, Canada’s “Closure Plan.” The preparation of these plans is clearly stipulated in applicable laws and regulations; some countries have even enacted specific legislation dedicated to this purpose. A particularly notable example is the U.S. Surface Mining Control and Reclamation Act. It is worth noting that the establishment of mine-site ecological restoration and land-reclamation systems is often integrated with economic measures—specifically, it is considered in conjunction with deposit and financial-guarantee systems.
4. Environmental Permit System
In many countries, an environmental permit is treated as an operating license, with the primary purpose of minimizing the potential impacts that production activities may have on the ecological environment. This system encompasses the management of mine-site environments. Before commencing construction and development of a mining project, mining companies must first obtain an Environmental Compliance Certificate (ECC), which is acquired through conducting an environmental impact assessment and submitting an environmental impact report. In this regard, the U.S. system is relatively well-established, requiring all mining projects not only to hold an environmental permit and approval but also to secure additional permits, approvals, or notices mandated by government agencies. The issuance of these permits is governed by specific procedures set forth by both national and local governments.
5. Environmental Monitoring and Inspection System
The effectiveness of mine environmental protection and restoration efforts hinges on robust systems for rigorous monitoring and oversight, as well as on established procedures and mechanisms to provide assurance. Several countries have significantly strengthened relevant provisions in their revised mining laws. For example, the Philippines has introduced the Environmental Protection and Enhancement Plan (EPEP) and a multi-sectoral environmental monitoring and verification team, both of which serve as critical safeguards for overseeing and inspecting mine environmental compliance. In the United Kingdom, the environmental authority is responsible for issuing permits, and the Director General of the Royal Inspectorate of Pollution (HMIP), housed within that ministry, is empowered to verify compliance with permit conditions and even enforce compliance by force if necessary.