Powers and Duties of Environmental Protection Division as to Mineral and Geological Resources

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  1. The Environmental Protection Division of the Department of Natural Resources shall:
    1. Conduct studies in the field for the purposes expressed in this subsection;
    2. Map and prepare reports of the geological and mineral resources of the state;
    3. Prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, and for use in planning power developments, agriculture and reclamation work, and highways;
    4. Make hydrographic surveys which are deemed by the division to be advantageous to the mining and milling of mineral deposits, to the utilization of waterpower, or to reclamation, or which are deemed to constitute proper cooperative investigations with other departments of the state or federal governments in aid of laboratory research relating to mining and to metallurgical problems of the state's mining and mineral industry; and
    5. Publish in print or electronically bulletins embodying reports provided by the division.
  2. It shall be the duty of the division to conduct cooperative work relating to mines, mining, and geology with the departments and bureaus of the United States government, provided that the federal expenditure for such work shall at least equal that of the state.
  3. The director of the Environmental Protection Division of the Department of Natural Resources may appoint technical assistants who shall be in the classified service as defined by Code Section 45-20-2.
  4. The functions, duties, and powers of the former Department of Mines, Mining, and Geology are transferred to and vested in the Environmental Protection Division of the Department of Natural Resources.
  5. The Environmental Protection Division of the Department of Natural Resources shall have charge of the work of mines, mining, and geology.

(Ga. L. 1894, p. 111, § 3; Civil Code 1895, §§ 1715, 1716; Civil Code 1910, §§ 1966, 1967; Code 1933, §§ 43-302, 43-304; Ga. L. 1937, p. 264, § 9; Ga. L. 1943, p. 180, §§ 1, 3, 4, 7; Ga. L. 1972, p. 1015, § 1502; Ga. L. 1981, p. 838, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1984, p. 22, § 12; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2012, p. 446, § 2-6/HB 642.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraph (a)(5).

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "under the State Personnel Administration" at the end of subsection (c).

Cross references.

- Powers and duties of department generally, § 12-2-4.

Duty of department to keep records of findings as to geological formations encountered in underground water drilling operations, § 12-5-71.

Professional engineers and land surveyors generally, T. 43, C. 15.

Registration of geologists, T. 43, C. 19.

Penalty for removal or destruction of survey monuments, § 44-1-15.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 38.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 66, 67. 81A C.J.S., States, §§ 166, 328 et seq.

ALR.

- Constitutionality of statute limiting or controlling exploitation or waste of natural resources, 24 A.L.R. 307; 78 A.L.R. 834.

ARTICLE 2 MINING AND DRILLING

Cross references.

- Powers of department and Board of Natural Resources regarding underground storage of gas, § 46-4-60.

Powers of State Properties Commission regarding contracts and leases for exploration, drilling, and mining, of mineral resources, § 50-16-43.

Administrative Rules and Regulations.

- Oil and gas and deep drilling, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-3-13.

RESEARCH REFERENCES

ALR.

- Production on one tract as extending term on other tract where one mineral lease conveys oil or gas rights in separate tracts for as long as oil or gas is produced, 35 A.L.R.4th 1167.

Duty of oil or gas lessee to restore surface of leased premises upon termination of operations, 62 A.L.R.4th 1153.

PART 1 OIL WELL REWARD

RESEARCH REFERENCES

ALR.

- Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.


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