The legal framework for social impacts in spatial planning of mining regions

Spatial planning of development in mining regions is directed by the legislative framework, since mining activities, in addition to positive ones (economic progress), have numerous negative impacts at the local and regional level. Beside environmental degradation, social & community consequences of the planned development in mining regions (involuntary resettlement, company and boom towns, endangered indigenous rights, impoverishment) are very complex and demanding to direct and mitigate. The paper is devoted to analysis of the international legislation regulating social impacts of mining activities, including both hard and soft laws. This is followed with the critical analysis of appropriate national legislation of the Republic of Serbia, including the most relevant strategies and laws. The main aim is to identify existing problems and inconsistencies, as well as to provide proposals for improvements to facilitate more sustainable and socially sound development of mining regions. The resulting indications regarding Serbia reveal: (1) partial and delayed inclusion of international norms and standards, including transposition of the EU legislation; (2) social impacts are briefly mentioned, without elaboration of mitigation measures (declarative approach), (3) several relevant strategies are outdated, or even abolished without proper replacement; and (4) the emphasis is on environmental aspects, while consideration of other social impacts is poor and sporadic. Adoption of a single act to regulate mining-related development would overcome hierarchical and horizontal inconsistency, omissions, and include neglected aspects i.e. social impacts of resource extraction.