Colombia's coal operations could come to a stop as the government will soon start issuing resolutions that regulate mining areas as temporary environmental reserves, Colombian Mining Association (ACM) director Juan Camilo Narino said.
The decree, enacted on 30 January, states the country's environment ministry will identify, delimit and declare through administrative acts reserves of natural resources in areas that require restoration and rehabilitation. Such areas will become environmentally protected zones for five years with the possibility of extending that period for an additional five years.
The decree takes away the autonomy and competence of the Regional Autonomous Corporations, which until now grants key licensing to keep coal operations running, but without those licences, coal operations could come to a halt, Narino told Argus on the sidelines of a hydrocarbon summit held in Cartagena.
Narino said coal, gold, copper and other types of mining firms are extremely concerned with the potential resolutions due to be issued as they need minor licences granted by the corporations. Such licensing includes environmental licences to pour water into channels, take water from rivers and to pass over rivers.
The environment ministry is likely to announce those resolutions at the CBD Cop 16 in Cali, Colombia, on 21 October-2 November. Colombia is set to champion a comprehensive and regionally inclusive approach to biodiversity conservation and climate action at this conference.
"The decree clearly states that those corporations could no longer grant permits," Narino said. "As a result, the operating activity of existing licences is unfeasible as you can no longer operate without those minor licences."
ACM has filed a lawsuit against the decree, while 11 industry unions, including the regional autonomous corporations, joined in suing the government in a lawsuit submitted on 6 August.
They filed the lawsuits with Colombia's state council, the highest administrative court in the country, while requesting precautionary measures including halting the decree. The state council agreed on studying the lawsuit and could annul the ruling, but it could take 6-12 months to examine the case. The state council must listen to the defendants — the environment ministry — lawyer Luis Eduardo Delgado Martinez said.
Environmental minister Susana Muhamad was summoned by congress to face a political control debate to explain the scope of the decree, Narino noted.
Narino levelled several other criticisms against the decree, including calling the time frame of the temporary environmental reserve designations arbitrary. He also said IT bypasses other legal and constitutional norms.
