Gotowa bibliografia na temat „Mining land-use conflicts”

Mapping the characteristics and extent of environmental conflicts related to land use is important for developing regionally specific policies. However, because it is only possible to verify the frequency of conflicts on a specific predetermined subject, it is difficult to determine the various reasons for conflicts in a region. Therefore, this study mapped the current status of regional environmental conflicts in South Korea using a spatial text mining technique, then proposed relevant management policies. The results were obtained by analyzing environmental conflict data extracted from the online agendas of regional environmental organizations. Air quality-related conflicts in South Korea are concentrated in western municipalities; development-related conflicts are concentrated in the southern region of Jeju Island; and intensive safety-related conflicts occur in metropolitan areas, particularly Ulsan. Thus, the type of conflict is determined by the local environment, in accordance with the definition of environmental conflict, and the distribution is determined by the location of the stakeholder population. This study reveals the issues and locations related to local environmental conflict that require further attention, and proposes more wide-ranging methods for managing the links between conflicts by mapping environmental conflicts on a large scale rather than on an individual basis.

This research aims to describe the chronologies of land conflicts of mining activities in the forest (Borrow- to- Use Permit for Forest Area of PT. Mahligai Artha Sejahtera), identify the dominant factors that cause conflict, and provide an overview of conflict resolution efforts. This research was conducted by collecting information from the public, the permit holder, in this case, PT. Mahligai Artha Sejahtera and related parties. This research was a qualitative descriptive method in terms of subject and history study and facts of the field. The data of this research was collected from August to October 2020. Based on the decree of the Minister of Forestry and Plantation No. SK.757 / Kpts-II/ 1999 on September 23, about the designation map of Forest and Territorial Waters in Central Sulawesi Province, the land location of Buleleng communities was an area for other use but in 2013 (No. SK.635 / Menhut-II / 2013 on September 24, 2013) and 2014 (SK.869 / Menhut-II / 2014 on September 29, 2014) turned into Forest Areas. However, PT Mahligai Artha Sejahtera has an approval license, an environmental feasibility license, an Increase Exploration Mining Business to a Production Operation Mining Business License, and a borrow-to-use permit from the local Government and the Ministry of Environment and Forestry. The function change of the areas in Buleleng village has resulted in conflicts. It is necessary to resolve land disputes by revising the RTRWP/K and establishing forests. Keywords: Conflict, the Function Change of Areas, Land Conflict, Mining Activities, Forest Areas.

The current supply method of land acquisition for mining land in China is not conducive to the sustainable use of land resources, resulting in a large amount of wasted land resources and causing many conflicts. The new model of temporary land use policy for mining solves the long-standing problem of the livelihood of expropriated farmers that has plagued local governments, and also helps to alleviate the conflicts between enterprises and farmers. However, the temporary land use policy is in the practice stage, and the policy failure has resulted in low land reclamation rates. This research is a systematic survey for large and medium-sized mining enterprises, relevant government departments and research institutions nationwide. From the survey we analyze the problems in the implementation of the current temporary land use policy for mining and the causes of the policy failure, and propose an effective implementation mechanism for the future policy. The study showed that: (1) the temporary land use policy for mining was enacted with wide acceptance, but the implementation of the policy was ineffective; (2) the conditions for the application of the temporary land use policy for mining are unclear, the review and supervision by the competent authorities are not strict, and enterprises do not pay attention to land reclamation resulting in a very low rate of land reclamation; and (3) The implementation mechanism of the temporary mining land policy in practice is not perfect, and the proposed implementation framework based on “conditions, approval, implementation, supervision, acceptance and withdrawal” is scientific and feasible. It provides a reference for the management and innovation of strict protection of arable land, land conservation and intensification, and land reclamation in mining areas in China.

Abstract Over the last decades, the access to mineral raw material deposits has been increasingly limited by diverse limitations and obstacles. Some of them including: permits, taxes and fees, the ownership of mineral deposits, environmental protection rules and land-use and spatial planning conflicts, are related to state (governmental) activities and others such as protests against the mining activity and NIMBY effect, to societal issues. The legal authorities, governments and regulators are the stakeholders involved in the legislative issues of this process. A major potential matter of dispute lies in land-use issues. Diverse land-use types, for example, nature conservation, tourism and building development, can restrict the area available for exploration and/or mining, and thus access to mineral deposits. The nature of the land-use competition seems to be similar in different countries and regions, and so do the land-use conflicts. However, the scale and the underlying reasons of the land-use conflicts may differ. This also applies to the approaches to solve the problems.

Sand and gravel mining is aimed at providing materials for infrastructure development, as well as providing economical source to the miners. However, the impacts of sand and gravel mining could also cause disturbances to ecological balance, since it is closely related to land use change and river degradation, besides causing conflicts in the miners, the government, and the private relationship. Therefore the government regulation and proper supervision are needed to preserve the ecological balance and decreasing the negative impacts of this mining, and therefore guarantee sustainable development.

This article explores the land use conflict. Coal exploitation precludes agricultural production and, as a result, mining-energy projects come across NIMBY (Not In My Back Yard) opposition from the farming community. An investigation was carried out in two rural communes: Krobia and Miejska Górka in the Wielkopolska Region in Poland. The aim was to obtain an answer to the following questions: (1) if acting in the name of energy security, should we accept the state government interest and start exploitation of the lignite resource? (2) If acting in the name of landowners’ rights, should we accept the local community interest and maintain the current farming production? and (3) is it possible to reconcile the interests of the conflict beneficiaries? The following qualitative methods were used: keyword and content analysis of word data, such as scientific papers, legal documents, and parliamentary questions (PQs), while the discourse analysis was focused on the policy and procedural conflicts. In the results section, possible solutions for heading off the conflict are presented. The results contribute to an integrated understanding of conflicts over mining and farming land use.

Boundary resurveys have become necessary in most mining communities of Ghana, especially, Tarkwa and its environs due to pressure and alteration in land use and land cover by mining operations. Most of the boundary markers (pillars, trees, streams, hills, valleys, footpaths, etc.) used in the past have been destroyed by mining and other associated activities. This has led to many disputes about ground boundaries and ownership of land tracts in the area. To curb the incidences of such conflicts, it has become important to have more reliable and scientific demarcations and surveys of the old boundaries and owners of land tracts in the area for registration, using modern technologies in land surveying. Equipment and methods used over a century ago to mark and describe land boundaries in the area have become obsolete now, and modern equipment and methods, while capable of measuring to very high precisions, cannot automatically give or tell the right boundaries and owners of land tracts established centuries ago. This paper examines the land boundaries situation in the study area, the impacts of mining on this, the need for boundary retracement surveys, the challenges that the rampant destruction of boundary markers in mining communities pose to such resurveys, and offers suggestions on dealing with these challenges in the management of land in the area. It also provides helpful information to land owners, land ‘buyers’ and land surveyors on the effects of the boundary problems on land transactions, surveys and registration in mining areas. Keywords: Surface Mining, Boundary Markers, Retracement Surveys, Land Conflicts, Management

People in the department of Madre de Dios/Peru, the state of Acre/Brazil, and the department of Pando/Bolivia experience similar conflicts over land, land use, and access to resources. At the same time, each conflict reveals distinct characteristics and dynamics, arising from its history, legal regulation, institutional (in-)capacities, and culturally diverse local populations. The aim of this paper is to better understand the main drivers of social-ecological conflicts over land in and around three protected areas in this transboundary region, known as MAP, and to analyze how (environmental) institutions influence these drivers. The paper is based on a literature review and expert interviews; it focuses on conflicts around (1) gold mining in Madre de Dios, (2) extensive cattle ranching in Acre, and (3) access to communal land in Pando. Using theories of conflict research, expanded by a political ecology perspective and insights from stakeholder and expert interviews, we find that the major conflict drivers are (1) land tenure and access to land and natural resources, (2) identity and lifestyle driven transformations, (3) state and market driven agendas, and (4) networked illegal and criminal activities. Through a comparative conflict analysis, we develop four recommendations to strengthen the creation of reflexive institutions that may be able to foster social-ecological resilience in the region: (1) The clarification of responsibilities between governance institutions and their financing; (2) the awareness raising for existing power structures and opening spaces for enhanced local participation; (3) the breaking of corruptive cycles while developing economically, ecologically, and socially sustainable livelihood opportunities; and (4) taking the continuous reproduction of illegal activities into account while clarifying responsibilities, raising awareness, and breaking corruptive cycles. The results of our research therefore not only contribute to a better understanding of conflicts in the MAP region and the wider scientific literature on social-ecological conflicts and governance, but it is also the first paper that identifies entry points and prerequisites for the transformation from reactive to reflexive institutions in Amazonian societies.

Mineral resources are essential to the functioning and wellbeing of human societies. There is mounting concern, however, about the environmental degradation and social impacts typically resulting from mineral extraction. As a result, the mining industry is increasingly embracing the sustainability agenda, that is, pursuing development which ostensibly balances economic, social and environmental interests. In recent years, escalating anxiety over climate change in particular has propelled forest conservation to the top of the sustainability agenda which, in the case of mining, has increased attention on the loss of forest cover associated with activities, the success of reclamation and the manifold social conflicts often associated with resource-use. The hegemonic neoliberal approach to environmental governance has led to a burgeoning of strategies to manage forests using carbon finance as a conduit for investment. Although these schemes purportedly facilitate the mitigation of carbon emissions on a global scale while simultaneously delivering economic benefits to poor local communities, there is apprehension regarding the prospect of projects being implemented in contexts in which the dynamics of resource-use are not adequately understood. Cross-sectoral issues are among the concerns which have yet to receive sufficient attention. The purpose of this thesis is to broaden understanding of the interactions between the poorly articulated and understood relationship between mining, forests, climate change and development. Using the case of Ghana, where conflicts and trade-offs between mining and forests proliferate, an interdisciplinary and exploratory approach is taken to investigate the impact of mining on forest carbon stocks, survey the perspectives and influence of key stakeholders on mining-forest conflicts, and determine how these cross-sectoral issues are governed. Findings reveal that public and policy discourse on mining in forest areas focuses on formal activities in forest reserves and the relative success of reclamation. An examination of carbon stocks under different land-uses shows that reclamation does not completely restore carbon stocks to levels found in forests, but that it can restore approximately 10% of carbon on decadal timescales. This underscores the limitations of pursuing a purely technocratic approach to policy-making: although science is a necessary component of sound governance it is it not sufficient per se. The results further demonstrate the potential for carbon-finance to support reclamation activities in both the large- and small-scale mining sectors.

This thesis examines the effects of a collection of policies that determine the mandatory distribution of mining, gas and oil revenues between national and subnational governments, and the greater involvement of mining companies in local development. I have labelled this set of policies, which aims to reduce social conflict and promote local development, the New Extractive Industry Strategy (NEIS). Chapter 1 describes the implementation of these policies in Peru and highlights their significance to the mining industry worldwide. Chapter 2 describes the methodology of the thesis and introduces the three field research regions. Chapter 3 outlines the national socio-political context for the implementation of the NEIS. Chapters 4–6 deal with the effects of the NEIS on social conflict. I argue that the implementation of the NEIS has not only failed to reduce conflict but has actually exacerbated it. After reviewing the debates linking extraction and conflict (Chapter 4), Chapter 5 demonstrates that conflict is strongly associated with the volume of mining revenue received by sub-national governments. Chapter 6 presents a typology of conflicts that helps to explain the correlation between mining revenue and unrest. In addition to well-known conflicts that are related to the adverse impact of mining on livelihoods and the environment, the study identifies two other types. In the first, peasant communities employ social conflict to increase their bargaining power with the mining companies for material compensation. In the second, the large volume of mining revenue generates disputes over access to or use of these financial transfers. Chapters 7–8 show that the NEIS has not delivered its development promises. Chapter 7 illustrates how regional and municipal governments in receipt of high per capita volumes of mining revenue transfers did not improve their economic and welfare indicators any more than the rest of the country. Chapter 8 proposes that a combination of obstructive political factors trapped regional and municipal authorities and local populations in a myopic political game that prioritised quick short-term spending over any long-term benefits to be gained from better planned expenditure. Finally, Chapter 9 draws some conclusions and makes some suggestions.

Masters Research - Master of Philosophy (MPhil)
Changes in rural landscapes can lead to conflict between stakeholders as shared landscapes are expected to carry an increasing number of functions. Instances of land use conflict could reflect negatively on a tourist destination and deter potential visitors from opting to visit destinations experiencing such conflicts through public debate that may convey a negative or inconsistent public image. Land use conflict also has negative implications for the stakeholder groups invested in a region. This thesis sought to explore land use conflict in greater depth, from the perspectives of multiple stakeholder groups. This thesis followed the framework of Social Representations theory for the purpose of understanding stakeholder group behaviour within land use conflict. The supporting research for this thesis employed a qualitative research design and gathered data through semi-structured interviews with 13 participants from five selected stakeholder groups. Findings suggest that land use conflict could potentially be attributed to incompatible representations of the Upper Hunter Valley landscape, which for participating stakeholder groups constitutes a shared social object significant to them. Within the representations of the Valley landscape held by stakeholder groups selected for this study, particular points of similarity and incompatibility were identified such as production or protection values attributed to the landscape that suggest areas that may require management towards conflict resolution, and opportunities for collaborative land management of the Upper Hunter Valley). This thesis also found that the experience of land use conflict in the Upper Hunter Valley could be linked to broader changes in rural areas across Australia: relating to landscape changes and new functions rural landscapes are increasingly expected to perform. This thesis concluded by, considering suggestions of specific areas that may be addressed to assist the resolution of land use conflict, discussing the implications of land use conflict and resolution for tourism, and providing recommendations for future research.

Over the past decade, the regulation of mining in South Africa has undergone a fundamental transformation in order to promote equitable access to the nation’s mineral and petroleum resources. The Mineral and Petroleum Resources Development Act 28 of 2002, drastically changed the regulation of mining by placing the nation’s mineral and petroleum resources under the custodianship of the state. The transformative objectives of resource reform, as envisaged in the Constitution of the Republic of South Africa, 1996, could however not be achieved without a measure of sacrifice -- most notably, that which had to be shouldered by the owners of the land in which the minerals are contained. Under common law, minerals vested in the owners of land and no one could compel them to extract or consent to the extraction of these minerals. Landowners were able to safeguard their land from mining activities by refusing to consent to mining. The Mineral and Petroleum Resources Development Act, 2002, changed this by providing that landowners could no longer prevent the state from granting qualifying applicants authorisation to mine. The transformative objectives of resource reform, have inevitably made great inroads into a landowner’s rights to use and enjoy his property optimally. The main focus of this study revolves around the limiting impact of South Africa’s current mineral-law dispensation on township development, and conversely, how township development impairs or limits the mining of coal. For a better understanding of the limitations which the current legislative provisions create in respect of the rights of landowners and holders of mining rights, a brief evaluation of the historical development of the right to mine coal is provided. The entitlements and reciprocal obligations of holders of mining rights and owners of the affected land are considered, and the parties’ legal remedies to resist interference in their respective rights are explored. In the process of considering possible remedies to resolve the conflict which inevitably arises, I explain why English-law principles governing lateral support (support owed by two adjacent properties [neighbour law]), and subjacent support (where the landowner may not be deprived of the vertical support his property derives from the sub-surface minerals) were incorrectly transplanted into our law. In Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd, the South African Supreme Court of Appeal rejected the previously-held view that the right to subjacent support -- like the right to lateral support -- is a natural property right incidental to the ownership of the land. It was further held that conflict between holders of rights to minerals and owners of land should be resolved, not in accordance with English-law principles of neighbour law, but in terms of the law developed for rights relating to the use of servitudes. In summary, the court found that where the parties have not specifically contracted against the specific action (such as opencast or planned-subsidence mining), and provided that it was reasonably necessary for the mining right holder to use this invasive method, he may do so, so long as he does so in the manner least injurious to the entitlements of the surface owner. This decision, however, did not take into account the changes brought about by the comprehensive statutory framework of the Mineral and Petroleum Resources Development Act 28 of 2002 which I argue has replaced the earlier servitude construction. In this dissertation I consider whether possible solutions to resolve the conflict can be found in the principles relating to neighbour law, and whether the principles governing the use of servitudes remain relevant in resolving conflicts between landowners and holders of mining rights. I evaluate possible legal remedies and place special emphasis on the constitutionality of the curtailment of a landowner’s use and enjoyment of his property resulting from mining activities on or under his land. I further consider whether the exercise of a mining right, granted by the state, which results in a serious infringement of a landowner’s ownership, could in certain circumstances amount to a deprivation or possibly an expropriation in terms of section 25 of the Constitution. I discuss the position where the state’s regulatory interference is so severe that it deprives a landowner of the ability to exercise any, or a substantial portion of his ownership entitlements. I evaluate the possibility that such interference may constitute de facto expropriation for which compensation may be claimed. In the penultimate chapter I briefly mention how the relationship between landowners and holders of mining rights is managed and conflict is defused in other jurisdictions such as China, Australia, the United States of America, India, Germany and Swaziland. I conclude this dissertation with suggestions on possible ways in which the conflict may be resolved or at least minimised in future.
Die regulering van mynbou in Suid-Afrika het die afgelope dekade ‘n fundamentele verandering ondergaan ten einde breër toegang tot die nasie se minerale en petroleum hulpbronne te bevorder. Die Mineral and Petroleum Resources Development Act,6 Wet 28 van 2002, het ‘n radikale ommekeer in die mynbou industrie meegebring deurdat die regulering van mynbou aktiwiteite onder die toesig en beheer van die nasionale regering geplaas is. Die transformatiewe oogmerk van hulpbron hervorming ingevolge die Grondwet van die Republiek van Suid-Afrika kon egter nie geskied sonder ‘n mate van opoffering nie. Die grootste aanslag van die nuwe mineraalreg bedeling word sonder twyfel gevoel deur die eienaars van grond ten opsigte waarvan mynregte deur die regering aan ‘n ander party toegeken word. Ingevolge die gemenereg was die eienaar van grond voorheen ook die eienaar van die minerale wat in die grond voorgekom het. Gevolglik was dit onder die uitsluitlike beheer van die eienaar om te bepaal of enigiemand anders die reg kon verkry om minerale op of in die betrokke grond te ontgin. Na aanvang van die inwerkingtreding van die Mineral and Petroleum Resources Development Act is hierdie posisie egter omvêrgewerp aangesien die regering voortaan die bevoegdheid het om te bepaal wie en op watter voorwaardes iemand die reg verkry om minerale te ontgin. Die toekenning van die reg om minerale te ontgin op ‘n ander se eiendom sonder die eienaar se toestemming, maak dus ernstige inbreuk op sy regte. Grondeienaars se bevoegdhede wat uit hul eiendomsreg voortvloei word in talle gevalle ernstig ingeperk ten einde die oogmerke van hulpbron transformasie te bereik. Die ondersoek wat hierna volg, is daarop toegespits om die beperkende aanslag van die regulering van steenkoolmynbou-aktiwiteite op die ontwikkeling van dorpsgebiede asook dié van die ontwikkeling van dorpsgebiedie op steenkoolmynbou beter te verstaan. Ten einde hierdie invloed beter te verstaan, word die geskiedkundige ontwikkeling van die reg om minerale in Suid-Afrika te ontgin kortliks oorweeg. Die regte en verpligtinge van die houers van mynregte en die eienaars van die grond wat deur die uitoefening daarvan geraak word, asook die remedies waaroor die onderskye partye beskik ten einde hul regte teen inbreukmaking deur die ander party te beskerm, word daarna oorweeg. In genoemde ondersoek toon ek aan waarom die Engelsregtelike burereg- beginsels van laterale steun en onderstut nie toepassing in ons reg behoort te vind nie en waarom die botsing wat ontstaan vanweë die uitoefening van die grondeienaar en die houer van ‘n mynreg se regte liefs versoen moet word deur die Suid-Afrikaanse serwituutreg beginsels toe te pas soos aangetoon in die beslissing van Anglo Operations Ltd v Sandhurst Estates. Hiedie beslissing het egter nie die veranderinge wat meegebring is deur die nuwe bedeling van die Mineral and Petroleum Resources Development Act in ag geneem nie en daar word gevolglik aangevoer dat die serwituut beginsels vervang is deur ‘n breedvoerige wetgewende stelsel. Die grondwetlikheid van die beperking op die bevoegdhede van ‘n grondeienaar om sy eiendom te gebruik en te geniet, word ondersoek, asook of daar enige gronde vir ‘n eis om skadevergoeding mag wees. In besonder word daar oorweeg of die leerstuk van konstruktiewe onteiening moontlik toepassing kan vind in gevalle waar die staat se regulering ‘n uitermatige beperkende effek het op die bevoegdhede van ‘n grondeienaar om sy eiendomsreg uit te oefen. In die voorlaaste hoofstuk ontleed ek baie kortliks hoe die verhouding tussen eienaars van grond in mynbougebiede en houers van regte om minerale te ontgin in Sjina, Australië, die Verenigde State van Amerika, Indië, Duitsland en Swaziland gereguleer word. Ter afsluiting word aandag gegee aan moontlike maniere om die belangebotsing tussen die betrokke partye uit die weg te ruim of te beperk.
Private Law
LL.M.

Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.

The chapter discusses challenges of artisanal mining (AM), a nature-based livelihood strategy, in promoting sustainable agricultural practices. It highlights how AM competes for biodiversity and ecosystem services and causes environmental damage and a shift from traditional sustainable agricultural practices land-use tenure to uncontrolled itinerant AM. Methodologically, the chapter reviewed secondary systematic-literature review (SLR) of articles articulating the use of alternative dispute resolution (ADR) techniques. These include facilitated mediation, negotiation, and arbitration that yield land-use zoning agreements (conciliation) to attain synergy and market convergencies. It recommends transforming negative-synergy and implementing zoning strategies that prevent land-use conflicts, conserve biodiversity, and extricate competing AM from communal farming to attain sustainability. The resultant, unbridled development would protect ecosystem-service producing biodiversity, converge AM-agricultural markets and sustainably, leading to sustainable agricultural growth and conservation.

This chapter examines European colonization, which created transplanted state legal systems alongside bodies of customary and religious law, and brought workers from outside in large numbers for plantations and mining, creating a wave of legal pluralism across the Global South. Colonization conventionally refers to European political, economic, and legal domination of large parts of the world from the sixteenth through the mid-twentieth centuries. European political domination involved various degrees of control over a peripheral territory as a colony, protectorate, or some other relationship; economic domination involved utilizing the land, labor, natural resources, and trade of a peripheral territory for the economic benefit of the metropole and its settler population; and legal domination involved instrumental use of law by the colonial state to enforce its political rule and achieve its exploitative economic objectives. The chapter then elaborates on postcolonial legal pluralism: how it came about, its consequences, and the situation of legal pluralism today. The topics covered include the recognition and transformation of customary law, informal village tribunals, the power of traditional leaders, conflicts over law, women’s right and human rights, and rule of law development efforts.

Abstract Australia’s biological diversity is world-renowned, unique, and vulnerable. It faces unprecedented threats from climate change, invasive species, and changing land use. Yet Australia’s laws—including its federal environmental statute, the Environment Protection and Biodiversity Conservation Act 1999 (Cth)—are ill-equipped. This chapter assesses the role and contribution of litigation in efforts to protect Australia’s biodiversity. The analysis focuses on legal disputes arising from land clearing, mining, marine species protection, and climate change. Cases have sought to protect iconic native species, including the Tasmanian devil, while also addressing conflict between environmental protection and cultural heritage, such as threats to ecosystems caused by brumbies. The legal basis for the claims includes traditional judicial review grounds and novel conceptions of public duties owed variously to younger generations and to indigenous peoples. The chapter demonstrates that Australian courts have been relatively constrained in protecting biodiversity, due in part to judicial deference to Australia’s legislative and executive branches and the limited direct applicability of international environmental law. Recognition by judges of their role in protecting Australia’s biodiversity is more apparent within specialist courts at the subnational level. Achieving an effective national approach to biodiversity protection may be more attainable due to a change in government at the federal level, although major legal and political challenges remain.

L’attività estrattiva ha costituito per la Puglia un importante motore di sviluppo economico e produttivo, uso del territorio legato alla sua tradizione storico-costruttiva. In particolare il bacino estrattivo della nuova provincia Barletta – Andria – Trani (BAT), a nord di Bari, in crisi ed in parte dismesso, è stato per la Regione uno dei riferimenti per l’ economia, non sempre sensibile verso le indotte trasformazioni sul paesaggio e territorio. Il presente contributo si propone di indagare quale possa essere il punto d’incontro tra il processo di pianificazione e quello produttivo, al fine di individuare strategie con cui operare il ripristino e la restituzione di usi, significati e valori a siti estrattivi ormai dismessi; attivando proattivamente e propositivamente processi virtuosi capaci di innescare da un lato una migliore gestione del paesaggio e dall’altro la necessaria innovazione nel sistema di gestione del comparto estrattivo risorse per il territorio. Partendo dall’atto di avvio del PTCP (Piano Territoriale di Coordinamento Provinciale), attento al recupero di cave esaurite ed abbandonate, si è cercato di definire un percorso metodologico e progettuale, nel quale il presupposto di riacquisire le cave esaurite in un processo di sviluppo sostenibile del territorio trova, attraverso azioni di paesaggio ripensate come le “3R”: Rinaturalizzare, Reinventare, Riparare, proposte strategiche di trasformazione territoriale in grado di delineare scenari futuri per il territorio e per i nuovi contesti di vita. Operativamente attraverso lo strumento delle linee guida sono state messe a sistema le tre azioni di paesaggio in risposta alle criticità che derivano dai processi e conflitti in atto individuati dai progetti territoriali di paesaggio regionale, con l’obiettivo di pensare al riuso delle cave esaurite per consolidare e valorizzare i caratteri di ciascun contesto di vita, e creare nuovi valori e risignificazione dei luoghi. The mining activity has been an important driver of economic and productive development for the Apulia region, representing a land use inextricably linked to its historical and constituting tradition. In particular, the mining basin of the comprehensive province Barletta - Andria - Trani (BAT), north of Bari, is now undergoing a crisis and has been partly dismissed. However, it has always been an important driving force for the local economy of the region. The consequent problems associated with landscape modification and alteration, land use,waste and sludge proper disposal have never been sufficiently taken into account This paper aims to investigate a possible meeting point between the planning and the production processes, in order to identify recovery and recycling strategies, as well as identifying how to return the dismissed extraction sites their former uses, meanings and values by proactively activating virtuous processes capable of triggering a better landscape management on the one hand and, on the other hand, the necessary innovation of the mining management system, allowing it to be a territorial resource again. Starting from the act of initiating the PTCP (Provincial Territorial Coordination Plan), attentive to the recovery of exhausted quarries and abandoned, we have tried to define a methodological and design, in which the assumption of regaining the exhausted quarries in the process of development sustainable land is, through actions of landscape rethought as the "3R" renaturalise, Reinvent, Repairing, policy proposals of territorial transformation can outline future scenarios for the region and for new life contexts. Operationally, through the instrument of the guidelines have been put in the system landscape of three actions in response to the issues that arise from the processes and ongoing conflicts as identified by the local projects of regional landscape, with the aim of thinking about the reuse of exhausted quarries for consolidate and enhance the characteristics of each context of life, and create new values and re-signification of places.