Land-use zoning schemes: Do they apply to land for which a mining right has been granted?

Abstract

Land-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions made by the national government may not implement decisions decisions that conflict with the land-use zoning scheme without first seeking a use of departure or applying for rezoning from the municipality concerned. The granting of a mining right or licence, for example, does not mean that mining operations may automatically take place, regardless of whether or not land-use zoning scheme allows mining on that land.