Powers and Duties of Division as to Surface Mining Generally; Division May Decline to Assert Jurisdiction

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Mineral Resources and Caves
  5. Mining and Drilling
  6. Surface Mining
  7. Powers and Duties of Division as to Surface Mining Generally; Division May Decline to Assert Jurisdiction

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  1. The division shall have the following powers and duties:
    1. To administer and enforce this part and all reasonable rules and regulations promulgated under this part to issue such orders as may be necessary to enforce compliance therewith;
    2. To examine and pass upon permit applications of operators;
    3. To examine and pass upon surface mining land use plans submitted by operators;
    4. To make investigations and inspections;
    5. To revoke permits, deny renewals, and forfeit bonds or cash of mine operators who refuse to carry out their plans of mining land use;
    6. To collect information on surface mining and mining land use plans;
    7. To collect, publish in print or electronically, and distribute information on mining land uses;
    8. To accept moneys that are available from government units and private organizations;
    9. To conduct research studies of mining land uses;
    10. To carry out land use projects on land where bonds or cash have been forfeited, using funds available for such purposes;
    11. To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the division in carrying out this part; and
    12. To exercise all incidental powers necessary to carry out the purposes of this part.
  2. The powers and duties described in this Code section may be exercised and performed by the division through such duly authorized agents and employees as it deems necessary and proper.
  3. The division may decline to assert jurisdiction under this part over any class or category of mines where, in the opinion of the division, the effect of the operations of such mines is not sufficiently substantial to warrant the exercise of jurisdiction under this part.

(Ga. L. 1968, p. 9, § 5; Ga. L. 1971, p. 200, § 3; Ga. L. 1972, p. 1015, §§ 1509, 1534; Ga. L. 1972, p. 1266, § 1; Ga. L. 1976, p. 527, §§ 1, 2; Ga. L. 1992, p. 1098, § 2; Ga. L. 1996, p. 6, § 12; Ga. L. 2010, p. 838, § 10/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraph (a)(7).

OPINIONS OF THE ATTORNEY GENERAL

Issuance of order not prerequisite to enforcement of part.

- No order to an unlicensed surface miner need be issued as a prerequisite to judicial enforcement of this part. 1969 Op. Att'y Gen. No. 69-493 (see O.C.G.A. Pt. 3, Art. 2, Ch. 4, T. 12).

Payment of research funds into general fund of state treasury not required.

- Funds made available to the Surface Mined Land Use Board (now Environmental Protection Division of Department of Natural Resources) by a mining company for specific research need not be paid into the general fund of the state treasury since the moneys involved do not constitute money collected from taxes, fees, and assessments under the authority of revenue statutes of this state. 1970 Op. Att'y Gen. No. 70-29.

Equitable remedies not authorized.

- Department is not authorized to invoke aid of equity in restraint of unlicensed surface mining. 1970 Op. Att'y Gen. No. 70-103.

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Mines and Minerals, § 236.

C.J.S.

- 58 C.J.S., Mines and Minerals, § 401 et seq.


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