Earth's Crust Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/510082015001/consolide
Published: 2015-07-17

Earth's Crust Act1

Passed 23.11.2004
RT I 2004, 84, 572
Entry into force 01.04.2005
Amended by the following legal instruments (show)

Passed
Published
Entry into force

22.02.2005
RT I 2005, 15, 87
03.04.2005

07.12.2005
RT I 2005, 67, 512
01.01.2006

08.03.2006
RT I 2006, 14, 109
28.03.2006

07.12.2006
RT I 2006, 58, 439
01.01.2007

13.06.2007
RT I 2007, 42, 303
08.07.2007

22.11.2007
RT I 2007, 66, 408
01.01.2008

11.06.2008
RT I 2008, 28, 183
13.07.2008

23.10.2008
RT I 2008, 48, 267
23.11.2008

18.12.2008
RT I 2009, 3, 15
01.02.2009

20.05.2009
RT I 2009, 28, 170
01.07.2009

10.12.2009
RT I 2009, 63, 408
28.12.2009

22.04.2010
RT I 2010, 22, 108
01.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140(2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.7.2010, p. 24–26).

16.06.2010
RT I 2010, 44, 260
19.07.2010

06.12.2011
RT I, 21.12.2011, 1
31.12.2011

27.02.2013
RT I, 15.03.2013, 26
20.03.2013

19.02.2014
RT I, 13.03.2014, 2
23.03.2014, partially 01.01.2015, 01.01.2017 and 01.01.2019

19.02.2014
RT I, 13.03.2014, 4
01.07.2014, partially 23.03.2014

20.06.2014
RT I, 08.07.2014, 3
01.08.2014

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014 the titles of ministers replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

18.02.2015
RT I, 23.03.2015, 3
01.07.2015

19.02.2015
RT I, 23.03.2015, 6
01.07.2015

15.06.2015
RT I, 07.07.2015, 3
17.07.2015

Chapter 1 GENERAL PROVISIONS  

§ 1.  Purpose and scope of application of Act and application of Administrative Procedure Act

(1) This Act provides for the procedure for and the principles of exploration, protection and use of the earth's crust, with the purpose of ensuring economically efficient and environmentally sound use of the earth's crust.
(2) This Act regulates:
1) geological investigation;
2) geological exploration;
3) extraction of mineral resources, except in the part regulated by the Mining Act;
4) the rights of the owner of an immovable upon use of mineral resources within the boundaries of the owner's immovable;
5) restoration of the land disturbed by geological investigation, geological exploration or mining;
6) use of the earth's crust not related to the extraction of mineral resources, except in the part regulated by the Mining Act and the Water Act;
7) protection of the earth's crust.
8) submission of a mining waste management plan and inspection of compliance therewith if mining waste results from geological investigation, geological exploration or extraction of mineral resources and the place of depositing of the waste is not a waste deposit site within the meaning of § 352 of the Waste Act. The term "mining waste" is used within the meaning of § 71 of the Waste Act, taking also account of the exceptions provided for in subsection (4) of this section.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(21) This Act does not apply to extraction work carried out in the earth's crust under roads, except for construction of underground construction works.
[RT I, 23.03.2015, 3 - entry into force 01.07.2015]
(3) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 2.  Definitions

In this Act, and legislation established on the basis thereof, the following definitions are used:
1) "earth's crust" means the upper layer of the ground accessible for human activity on land, in transboundary water bodies, on the territorial sea, in inland maritime waters and in the exclusive economic zone;
2) "mineral resource" means natural rock, sediments, liquid or gas the characteristics of which or the bedding conditions of the body of which comply with the requirements established on the basis of subsection 9 (1) of this Act or the requirements established by the person who orders the exploration and the body or a part of the body of which has been registered in the environmental register;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
21) "bedrock" means a rock created in a preglacial period which is opening on the ground or buried under Quaternary cover;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
3) "geological investigation" means scientific research or geological applied research conducted to establish the geological structure of the earth's crust or the pattern of occurrence of mineral resources;
4) "geological exploration of mineral resources" (hereinafter geological exploration) means geological operations performed in order to extract and commence use of mineral resources;
5) "mineral deposit" means the body or a part of the body of mineral resources delimited and explored by a geological investigation or geological exploration and registered in the environmental register, and the whole body or part of the body which contains mineral resources, together with the interbeds, shall be registered as a mineral deposit;
6) "excavated mineral raw material" means a solid component of any rock or sediment which is removed from the natural state;
7) "extraction of mineral reserves" (hereinafter extraction) means the operations performed for preparation of the removal of mineral resources from the natural state, removal of mineral resources from the natural state, transport of the excavated mineral raw material which is related to the technological process at the mining site and dressing of the excavated mineral raw material;
8) "use of mineral resources" means the consumption of mineral resources without the transfer thereof or use of mineral resources in the natural state;
9) "area of geological exploration" means the part of the earth's crust designated for geological operations by a permit for geological investigation or an exploration permit;
10) "service plot of geological exploration area" means the territory above the area of geological exploration, which is designated for geological operations by an exploration permit;
11) "mining claim" means the part of the earth's crust which is designated for the extraction of mineral resources by an extraction permit;
12) "mine service plot" means a territory above or surrounding a mining claim, which is designated for the extraction of mineral resources by an extraction permit;
13) "restoration of disturbed land" means to render the land usable;
14) "hand specimen" means a piece of rock which has been taken from an outcrop or drilling core in order to explore the rock;
15) "overburden covering mineral resource" (hereinafter overburden) means sediments covering mineral reserves which need to be removed upon open-cast mining.
[RT I 2010, 44, 260 - entry into force 19.07.2010]

§ 3.  Division of mineral deposits

(1) Mineral deposits are of national importance or of local importance.
(2) A mineral deposit located in a transboundary water body, on the territorial sea or in inland maritime waters, in the exclusive economic zone and the following mineral deposits are of national importance:
1) mineral deposits the quality or quantity of mineral resources of which are of significant importance in view of the economic development of the state;
2) mineral deposits the mineral resources of which are used for the manufacture of products with export potential;
3) mineral deposits where the significant environmental impact of the extraction of mineral resources extends to several counties or crosses the state border.
(3) The list of mineral deposits of national importance shall be established by the Government of the Republic.
(4) Mineral deposits not entered in the list of mineral deposits of national importance are of local importance.

§ 4.  Ownership of mineral resources

(1) Bedrock minerals, mineral resources in mineral deposits of national importance and lake mud and sea mud (medicinal mud) belong to the state and the immovable property ownership of other persons does not extend to these.
(2) Mineral resources located on immovables or in internal water bodies in state ownership belong to the state.
(3) The natural body of bedrock, sediments, liquid or gas not registered in the environmental register belongs to the state and the immovable property ownership of other persons does not extend to these, unless the purpose of use of the immovable requires this.
(4) Mineral resources in state ownership are not in commerce in their natural form.
(5) If a permit is required in order to remove mineral resources in state ownership from the natural state, the excavated mineral raw material generated upon mining on the basis of the permit belongs to the miner of the mineral resources.
(6) If a permit is required in order to remove mineral resources in state ownership from the natural state, the excavated mineral raw material generated upon mining without the permit belongs to the state.

§ 5.  Records of mineral resources

(1) Records of mineral resources shall be kept in the environmental register in the form of mineral reserves by each mineral deposit separately pursuant to the procedure provided for in the Environmental Register Act.
(2) Entry of the natural body of rock, sediments, liquid or gas explored and delimited by a geological investigation or geological exploration in the environmental register as a mineral deposit shall be decided by the minister responsible for the area on the basis of the results of the geological investigation or geological exploration, taking account of the opinion of the Commission of Estonian Mineral Resources.

§ 6.  Commission of Estonian Mineral Resources

(1) The Commission of Estonian Mineral Resources shall be established within the area of government of the Ministry of the Environment and its statutes shall be approved by the minister responsible for the area.
(2) The main function of the Commission of Estonian Mineral Resources is advising the Ministry of the Environment on the issues of the exploration and use of the earth's crust, keeping records of mineral resources and approval, qualification, writing-off and protection of mineral reserves.
(3) Experts of geology, extractive industry, environmental protection and other specialities shall be appointed as members of the Commission of Estonian Mineral Resources. The Commission shall comprise representatives of the Ministry of the Environment, Land Board, Technical Surveillance Authority, Association of Municipalities of Estonia, Association of Estonian Cities and professional associations. The composition of the Commission of Estonian Mineral Resources shall be approved by the minister responsible for the area.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

Chapter 2 GEOLOGICAL INVESTIGATION AND GEOLOGICAL EXPLORATION  

Division 1 General Provisions  

§ 7.  General requirements for geological investigation and geological exploration

(1) Geological investigation and geological exploration shall be carried out such that damage to the environment and persons is minimal.
(2) The holder of a permit for geological investigation or a geological exploration permit has the right, in the course of operations, to take from the earth's crust and use for the operations rock, sediments, liquid or gas indicated in the permit in an amount which is necessary to determine their characteristics, whether they can be enriched and their usability. Navvying may be carried out to the extent necessary for the geological investigation or geological exploration.

§ 8.  Procedure for geological investigation and geological exploration

(1) Geological investigation shall be carried out pursuant to the procedure for geological investigation.
(2) The procedure for geological investigation shall be established by the minister responsible for the area. The following shall be established by the procedure for geological investigation:
1) the requirements for geological mapping;
2) the requirements for prospecting;
3) the extent of activities which change the condition of soil and the earth's crust;
4) the requirements for geological mapping and for the preparation of a prospecting report.
(3) According to the objective of the operation, the following shall be carried out in the course of a geological investigation:
1) geological mapping;
2) prospecting;
3) geophysical surveys;
4) geochemical surveys;
5) other geological operations for specific purposes, except geotechnical site investigation and geodetic surveys.
(4) Geological exploration shall be carried out pursuant to the procedure for geological exploration.
(5) The procedure for geological exploration shall be established by the minister responsible for the area. The following shall be established by the procedure for geological exploration:
1) the division of mineral resources according the areas of use and the requirements for determination of the areas of use of mineral resources;
2) the requirements for the preparation and carrying out of geological exploration, topographies work and the calculation of mineral reserves;
3) the requirements for the preparation of a mineral deposit for use and for geological exploration reports;
4) the special requirements for the geological exploration of each mineral resource.
(6) In the course of geological exploration:
1) the bedding conditions, composition and technological characteristics of natural bodies or mineral resources shall be established to the accuracy which enables mining and the possible areas of use of the explored natural bodies or mineral resources shall be determined;
2) the hydrological and hydrogeological conditions of the area of geological exploration and its vicinity and the possible changes thereto in the course of mining shall be assessed and the extent of the circle of influence of mining shall be determined;
3) measures to prevent and reduce the possible changes in the earth's crust shall be planned;
4) a geological map of the area of geological exploration and its vicinity shall be prepared;
5) a new proposal for determination of the categories of mineral reserves shall be made;
6) all mineral resources and natural bodies found in the area of geological exploration shall be explored to the accuracy which corresponds to prospecting if preservation of the mineral resources and natural bodies usable is impossible in mining engineering in the course of the later extraction of the explored mineral resources, rock, sediments, liquid or gas.

§ 9.  Requirements for mineral resources

(1) The requirements for the characteristics of dolostone, phosphate rock, lacustrine lime, lake mud, crystalline building stone, gravel, sand, limestone, sea mud, metal raw material, oil shale, clay or peat and the bedding conditions and characteristics for registration in a mineral deposit as mineral reserves shall be established by the minister responsible for the area.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) The requirements for the registration of the natural body of rock, sediments, liquid or gas not specified in subsection (1) of this section in the environmental register as a mineral deposit shall be set by the applicant for an exploration permit upon application for the exploration permit.
(3) An area of use shall be determined regarding mineral reserves according to the quality and possibilities of use thereof. The list of the areas of use of mineral reserves shall be established by the minister responsible for the area.

§ 10.  Categories of mineral reserves

(1) Arising from the detail of exploration, mineral reserves are divided into proved reserves, inferred reserves and reconnaissance resources.
(2) Proved reserves are mineral reserves the extent of the geological exploration of which allows the receipt of the information necessary for the extraction and use of mineral reserves. Proved reserves are classified on the basis of geological exploration.
(3) Inferred reserves are mineral reserves the extent of the geological exploration of which allows the receipt of the information necessary to assess the perspectives of the mineral reserves and to direct the further geological exploration. Inferred reserves are classified on the basis of geological investigation or geological exploration. The minister responsible for the area may declare inferred reserves to be mineable reserves or useable reserves if the inferred reserves are directly bordered by the proved reserves or located on the floor or in the covering bed of the proved reserves.
(4) Reconnaissance resources are mineral reserves the extent of the geological exploration of which is determined by geological investigation. In areas bordered by a mineral deposit outside of the outline of proved reserves and inferred reserves or in regions where, on the basis of occurrence of mineral resources, the existence of a new mineral deposit may be presumed, reconnaissance resources shall be separated. Reconnaissance resources allow assessment of the possibility to increase mineral reserves in a mineral deposit or discover a new mineral deposit and are the basis upon directing prospecting or geological exploration.
(5) The proved reserves and inferred reserves of mineral reserves are divided as mineable reserves and submarginal mineral resources on the basis of their possibilities of use and economic importance. Reconnaissance resources are not divided into groups.
(6) Mineral reserves are deemed to be mineable if the technology and equipment used upon extraction ensure the rational use of the earth's crust and compliance with the environmental requirements and if use of the mineral resources is economically advantageous.
(7) Mineral reserves are deemed to be submarginal if the use of the reserves is not possible from the standpoint of environmental protection or there is no corresponding technology, but which may prove to be usable in the future.
(8) The requirements for the categories of mineral reserves shall be established by the minister responsible for the area on the basis of the level of exploration of mineral resources, the extent of the possible environmental impact and the possibility and economical expediency of extraction.

§ 11.  Right to carry out geological investigation and geological exploration

(1) It is permitted to carry out geological investigation on the basis of a permit for geological investigation, with the exception of geological investigation where field work has not been planned or the work is limited to the description of natural or artificial exposures and the collection of hand specimens and fossils from the ground.
(2) Geological exploration are permitted on the basis of a geological exploration permit for mineral resources (hereinafter exploration permit).
(3) Persons registered pursuant to the procedure provided for in the Mining Act or persons lawfully engaged in geological investigation and geological exploration and established in a State party to the Agreement on the European Economic Area or citizens of a State party to the Agreement on the European Economic Area may carry out geological investigation and geological exploration on the basis of a permit for geological investigation or exploration permit specified in this Act.
[RT I 2009, 63, 408 - entry into force 28.12.2009]

§ 12.  Submission, preservation and publication of geological data

(1) The holder of a permit shall submit the rock material, drilling cores, samples and other geological data (hereinafter collected material) obtained in the course of a geological investigation and geological exploration to the issuer of permits within thirty days after approval of the results of the geological investigation and geological exploration. The issuer of permits shall transfer the collected material to the authorised processor of the environmental register for preservation.
(2) If, on the basis of the results of a geological investigation or geological exploration, changes need to be made in the environmental register, a relevant report shall be submitted for approval to the Ministry of the Environment. The procedure for the submission and review of geological investigation or geological exploration reports shall be established by the minister responsible for the area.

Division 2 Application for Permit for Geological Investigation and Exploration Permit, Issue of and Refusal to Issue Permit for Geological Investigation or Exploration Permit  

§ 13.  Application for permit for geological investigation and exploration permit

(1) An application for a permit for geological investigation and an exploration permit shall set out:
1) information on the applicant for the permit and the person who carries out the geological investigation and geological exploration;
2) the primary purpose of the geological investigation and geological exploration of the applicant for the permit for geological investigation or exploration permit;
3) information on the area of geological exploration and the service plot of the geological exploration area and, in the case of prospecting, on the estimated size of the mineral reserves;
4) information on the nature and volume of the geological investigation and geological exploration;
5) a letter of explanation;
6) a graphical annex.
(11) If mining waste is generated during geological investigation or exploration and the place of depositing the waste is not a waste disposal site within the meaning of § 352 of the Waste Act, a mining waste management plan shall be appended to the application for a permit for geological investigation or an exploration permit. Preparation, submission and approval of the waste management plan shall be based on the requirements provided for in § 421 of the Waste Act.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) A letter of explanation to an application for a permit for geological investigation or an exploration permit shall contain a description of the geological investigation or geological exploration, information on the exploration methods used or the extent of the possible environmental impact arising from the geological investigation or geological exploration and a work schedule. A letter of explanation to an application for a permit for geological investigation or an exploration permit shall also contain information about mining waste generated during geological investigation or exploration.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) A graphical annex to an application for a permit for geological investigation or an exploration permit shall set out the boundary of the area of geological exploration and the service plot of the geological exploration area, the outlines of the existing mineral deposit and blocks of mineral reserves explored earlier and the boundaries of the valid areas of investigation or exploration and mining claims and cadastral units.
(4) [Repealed - RT I 2009, 63, 408 - entry into force 28.12.2009]
(5) The format of applications for exploration permits and the detailed requirements for applications for permits for geological investigation and exploration permits, letters of explanation and graphical parts shall be established by the minister responsible for the area.

§ 14.  Application for permit for geological investigation and exploration permit and application of provisions of open proceedings

(1) In order to receive a permit for geological investigation or an exploration permit, an applicant shall submit an application to the issuer of permits.
(2) The issuer of permits shall send an application for a permit for geological investigation or an exploration permit and a draft decision concerning the application for obtaining an opinion to the Commission of Estonian Mineral Resources and the local government of the location of the area of geological exploration being applied for and they shall give their opinions in writing.
(3) A permit for geological investigation for prospecting and an exploration permit in a mineral deposit of national importance, a transboundary water body, on the territorial sea or in inland maritime waters and the exclusive economic zone shall be issued by the Ministry of the Environment, taking account of the opinion of the Commission of Estonian Mineral Resources on the application for the permit and the draft decision specified in subsection (2) of this section.
(4) A permit for geological investigation, if the permit is not applied for prospecting, and an exploration permit in a mineral deposit of local importance shall be issued by the Environmental Board, taking account of the opinion of the Commission of Estonian Mineral Resources on the application for the permit and the draft decision specified in subsection (2) of this section.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(5) [Repealed - RT I 2008, 28, 183 - entry into force 13.07.2008]
(51) If proposed activities potentially result in a significant environmental impact within the meaning of the Environmental Impact Assessment and Environmental Management System Act, the local government of the proposed place of business and the Commission of Estonian Mineral Resources shall submit their opinions after verification of conformity of the environmental impact assessment statement to the requirements.
[RT I, 23.03.2015, 6 - entry into force 01.07.2015]
(6) An applicant shall pay the state fee for an application for a permit for geological investigation, an exploration permit and an application for the amendment and re-registration of a permit according to the rate provided for in the State Fees Act.
[RT I 2006, 58, 439 - entry into force 01.01.2007]
(7) The terms for the procedural acts for the issue of permits for geological investigation and exploration permits shall be established by the minister responsible for the area.

§ 15.  Open proceedings and notification of open proceedings

(1) The provisions of the Administrative Procedure Act concerning open proceedings apply to the proceedings regarding the issue and amendment of permits for geological investigation for prospecting and regarding the issue and amendment of exploration permits, taking account of the specifications provided for in this Act.
(2) The issuer of permits shall publish a notice concerning the initiation of proceedings in the official publication Ametlikud Teadaanded.

§ 16.  Deficiencies in application for permit for geological investigation and exploration permit

In the case of significant deficiencies in an application, the issuer of permits may return an application for a permit for geological investigation or an exploration permit without accepting it for processing.

§ 17.  Issue of permit for geological investigation and exploration permit by auction

(1) If several persons have submitted applications for a permit for geological investigation for prospecting or applications for an exploration permit regarding the same part of the earth's crust in state ownership and the submitted applications cannot be satisfied at the same time, the right to carry out a geological investigation or geological exploration shall be sold by an auction pursuant to the procedure established by the Government of the Republic.
(2) An auction shall be organised by the issuer of permits for geological investigation or exploration permits. An auction shall be organised if, within thirty days after the publication of a notice concerning initiation of proceedings regarding the issue of a permit for geological investigation for prospecting and the issue of an exploration permit, another application for a permit for geological investigation for prospecting or an exploration permit regarding the same or partly overlapping part of the earth's crust is submitted.
(3) Before the initiation of an auction, it shall be verified whether the circumstances specified in clauses 20 (1) 1)–7), 10) and 11) of this Act occur in the submitted application. The auction shall be organised for applications to which the bases for refusal to issue a permit arising from this Act do not apply.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(4) Upon organising an auction, processing of an application for a permit for geological investigation or an exploration permit shall be suspended until the winner of the auction is announced or the auction is declared to have failed.
(5) The issuer of permits may establish a deposit for participation in an auction. The deposit shall be equal to all participants in an auction and shall not be greater than 1600 euros. After the winner of the auction has been ascertained, the deposit shall be returned to persons who did not win the auction. The deposit shall not be returned to persons who have contributed to the failure of the auction.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(6) An auction is deemed to have failed if, in the course of the auction, the winner of the auction is not ascertained regardless of the reasons therefor. An application of an applicant who has contributed to the failure of the auction shall be returned to the applicant within two weeks after the auction is declared to have failed.
(7) After an auction is declared to have succeeded, the issuer of permits shall continue to process the application of the winner of the auction. Applications which did not win the action shall be returned to the applicants within two weeks after the winner of the auction is announced.
(8) Upon failure of an auction or if the winner of an auction withdraws the bid, an application of the next best tenderer shall be processed. In the case of equal tenders, an application received earlier shall be processed.

§ 18.  Permit for geological investigation and exploration permit

(1) A permit for geological investigation and an exploration permit shall set out the holder of the permit and the name, registry code or personal identification code and address of the person carrying out the geological investigation or geological exploration.
(2) A permit for geological investigation and an exploration permit shall set out:
1) the period of validity of the permit;
2) the area of geological exploration necessary for the geological investigation or geological exploration and the size and location of its service plot;
3) the nature and volume of the geological investigation or geological exploration, such as the number and depth of boreholes, the name and extent of geophysical prospecting methods;
4) the requirements for ensuring the protection of the earth's crust and for reducing the adverse impact on human health, property and the environment.
(21) If submission of a mining waste management plan is required, the waste management plan prepared and approved according to the requirements established by § 421 of the Waste Act is an integral part of the permit for geological investigation or the exploration permit.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) In order to be issued a permit for geological investigation or an exploration permit, a person is required to have the following:
1) the consent of the minister responsible for the area, within the territory of an object with a national defence purpose or in the special zone surrounding the object;
2) the consent of the minister responsible for the area, in places where the geological investigation or geological exploration may disturb border peace or impede the guarding of the state border, and also in cemeteries;
3) the consent of the minister responsible for the area, in heritage conservation areas and on immovable monuments or their protected zones;
4) the consent of the minister responsible for the area, when applying for a permit for geological investigation for prospecting metal raw material or oil shale or when applying for an exploration permit for exploring metal raw material or oil shale.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(31) The consent for the issue of a permit for geological investigation or an exploration permit specified in subsection (3) of this section shall be requested by the issuer of the permit.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(4) The territory of the areas of geological investigation granted to one person for prospecting the same mineral resource by permits for geological investigation shall not be larger than 100 km2. One permit for geological investigation may be issued for prospecting the same mineral resource in an area of geological investigation.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(5) A permit for geological investigation and an exploration permit shall be issued for up to five years.
(6) The format of permits for geological investigation and exploration permits shall be established by the minister responsible for the area.

§ 19.  Making issue of permit for geological investigation and exploration permit public and issue of permits

(1) The issuer of permits shall make the issue of a permit for geological investigation and an exploration permit public in the official publication Ametlikud Teadaanded.
(2) A notice concerning issue of a permit for geological investigation and an exploration permit shall contain the following information:
1) the business name, registry code and seat, or the name, personal identification code and address of the recipient of the permit;
2) the place of business;
21) the name of the mineral deposit if the exploration will be carried out in the territory of a mineral deposit;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
3) a short description of the activities;
4) the period of validity of the permit.
(3) The issuer of a permit for geological investigation or an exploration permit shall send the permit to the holder of the permit by registered mail or deliver it to the holder of the permit against signature.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 20.  Refusal to issue permit for geological investigation and exploration permit

(1) Issue of a permit for geological investigation or an exploration permit shall be refused if:
1) the geological investigation or geological exploration damage the protected natural object or the natural object the proceedings for the placing of which under protection have been initiated by a competent authority;
2) the consent specified in subsection 18 (3) of this Act has not been granted;
3) the administrator of state assets has not granted the consent thereof;
4) the permit is applied for regarding the part of the earth's crust for the use of which an application for a permit for geological investigation for prospecting the same mineral resource or an application for an exploration permit or extraction permit has already been accepted for processing and an auction is not organised;
5) the permit is applied for regarding the part of the earth's crust for the use of which a permit for geological investigation for prospecting the same mineral resource or an exploration permit or extraction permit of the same mineral resource has already been issued;
6) the applicant knowingly submits false information in the application for the permit;
7) the issue of the permit is contrary to the national interests;
8) an auction was organised for the issue of the permit and the application of the person was not declared to be successful and subsection 17 (8) of this Act was not applied;
9) the local government does not consent to the issue of the permit for geological investigation or the exploration permit for prospecting.
10) the submission of a mining waste management plan is required, but the waste management plan has not been submitted or the submitted waste management plan does not conform to the requirements and the deficiencies are not eliminated during the term set for the purpose;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
11) a punishment has been imposed on the applicant for the permit for ignoring the requirements for handling mining waste and the corresponding information has not been expunged from the punishment register.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) In addition to the provisions of subsection (1) of this section, issue of an exploration permit may be refused if:
1) the characteristics of the natural body or mineral reserves occurring in the area of geological exploration enable the receipt of more valuable production than planned in the application for the exploration permit;
2) use of the mineral reserves outside of the area of geological exploration is not economically justified.
(3) In the case specified in clause (1) 9) of this section, refusal to issue a permit for geological investigation is based on the refusal of the local government to grant consent if the permit for geological investigation is issued for prospecting. Upon disagreement, a permit for geological investigation for prospecting or an exploration permit may be issued with the consent of the Government of the Republic.

Division 3 Suspension, Amendment and Revocation of Permit for Geological Investigation and Exploration Permit and Assignment of Right to Carry out Geological Investigation and Geological Exploration  

§ 21.  Amendment of permit for geological investigation and exploration permit

(1) A permit for geological investigation and an exploration permit shall be amended if:
1) the information specified in clause 13 (1) 1) of this Act has changed;
2) the legislation which constituted the basis for the requirements set by the permit has been amended;
3) pollution arising from the activities permitted by the permit is of such significance that negative effects are caused to the environment in the place of business specified in the permit and the vicinity of the place of business;
4) the holder of the permit has submitted a reasoned application therefor;
5) it is necessary to change the requirements indicated in the permit due to changes in the mining waste management plan or submission of a new waste management plan.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) An exploration permit shall be amended if, in order to avoid environmental damage, measures not specified in the exploration permit must be applied.
(3) The provisions of the Administrative Procedure Act concerning open proceedings do not apply to proceedings initiated for amending a permit on the basis of clause (1) 1) of this section.

§ 22.  Revocation of permit for geological investigation and exploration permit

(1) The issuer of a permit for geological investigation and an exploration permit shall revoke a permit if:
1) false information was knowingly submitted upon application for the permit;
2) the holder of the permit has more than one punishment in force for violation of the requirements which are allowed by the permit and established regarding geological investigation or geological exploration in this Act or legislation issued on the basis thereof;
3) the holder of the permit has not commenced geological investigation or geological exploration within one year after the beginning of the period of validity of the permit;
4) the holder of the permit applies for the revocation of the permit;
5) in the course of the geological investigation or geological exploration, unforeseeable harmful effects to the environment or on human health become evident and this cannot be avoided by amendment of the permit;
6) the submission of a mining waste management plan is required, but the waste management plan has not been submitted or the submitted waste management plan does not conform to the requirements and the deficiencies are not eliminated during the term set for the purpose;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
7) the handling of mining waste does not correspond to the mining waste management plan;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
8) a punishment has been imposed on the applicant for the permit for ignoring the requirements for handling mining waste and the corresponding information has not been expunged from the punishment register;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
9) the holder of the permit must also hold a waste permit in accordance with clause 73 (2) 8) of the Waste Act, but there is no valid waste permit.»;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) Upon revocation of a permit for geological investigation or an exploration permit, the holder of the permit shall perform the obligations assumed by the permit. Upon failure to perform the obligations, the issuer of permits has the right to issue a precept to the holder of the permit and, upon failure to comply with the precept, substitutive enforcement shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.

§ 23.  Assignment of right to carry out geological investigation and geological exploration and re-registration of permit for geological investigation and exploration permit

(1) The holder of a permit for geological investigation for prospecting and an exploration permit have the right to assign the right to carry out geological investigation and geological exploration during the period of validity of the permit together with the geological data obtained in the course of the geological investigation and geological exploration.
(2) In order to re-register the right to carry out geological investigation or geological exploration, the person acquiring a permit for geological investigation or an exploration permit shall submit to the issuer of permits an application for re-registration in the name of the applicant, to which a written consent of the holder of the permit regarding assignment of the right to carry out geological investigation or geological exploration and the documents certifying the right to use the area of geological exploration and the service plot are appended. A permit shall not be re-registered in the name of a person on whom a punishment has been imposed for ignoring the requirements for handling mining waste and the corresponding information has not been expunged from the punishment register.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) The right to carry out geological investigation and geological exploration arises on the working day following the re-registration of the corresponding permit, unless a later date is indicated in the application.
(4) Re-registration means that information concerning the holder of a permit is changed on the permit. The provisions of the Administrative Procedure Act concerning open proceedings do not apply to re-registration proceedings.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(41) Upon re-registration, the mining waste management plan which is appended to the permit is also deemed to be binding on the person acquiring the permit.
(5) A person applying for re-registration shall pay the state fee for re-registration pursuant to the rates provided for in the State Fees Act before the re-registration of a permit.

Chapter 3 EXTRACTION  

Division 1 General Provisions  

§ 24.  General requirements for extraction

(1) Upon extraction, technologies shall be applied in the case of which damage to the environment and persons is minimal.
(2) A miner is required to apply measures in order to forecast and prevent environmental damage, eliminate or alleviate the caused environmental damage and monitor any adverse impact after extraction.

§ 25.  Mining right

(1) The mining right arises on the basis of an extraction permit for mineral resources (hereinafter extraction permit), unless otherwise provided for in this Act.
(2) Only the natural body of rock, sediments, liquid or gas registered in the environmental register as mineral resource may be extracted, unless otherwise provided for in this Act.
(3) The holder of an extraction permit has, on the basis of the permit, the right to:
1) prepare the mining claim and the mine service plot for the removal of mineral resources from the natural state;
2) remove mineral resources from the natural state;
3) organise the transport of the excavated mineral raw material in the mining area;
4) prepare the excavated mineral raw material for further processing or use;
5) carry out additional geological exploration within the boundaries of the mining claim without an exploration permit.
(31) In open-cast mining, the holder of an extraction permit has the right to remove overburden from the natural state. The removal of overburden is not deemed to be mining of mineral reserves, except for removal of mineral reserves contained in overburden. Overburden removed in open-cast mining is used for restoration of disturbed land and rendering it usable in the manner prescribed in the restoration project. Overburden may be transferred or used outside the mining claim pursuant to the procedure prescribed in § 611 of this Act.
[RT I 2010, 44, 260 - entry into force 19.07.2010]

§ 251.  Annual oil shale extraction rate

(1) The annual oil shale extraction rate is the total maximum quantity of oil shale which is permitted to be extracted in a calendar year on the basis of all permits. The annual oil shale extraction rate is 20 million tons.
(2) The annual oil shale extraction rate is permitted to be exceeded to the extent and pursuant to the procedure provided in § 252 of this Act.
[RT I, 07.07.2015, 3 - entry into force 17.07.2015]

§ 252.  Retroactive extraction of unextracted quantity of oil shale remaining from annual oil shale extraction rate

(1) The unextracted quantity of oil shale remaining from the annual oil shale extraction rate is permitted to be extracted retroactively within the following seven years after the year when the quantity failed to be extracted.
(2) The issuer of permits shall maintain records about the remaining annual oil shale extraction rate and shall publish on 1 August each year on its website the unextracted quantities of oil shale remaining from the annual extraction rate during the past six calendar years and the unextracted quantity of oil shale remaining from the annual oil shale extraction rate which retroactive extraction is allowed in the following calendar year (hereinafter retroactively extracted quantity of oil shale).
(3) To calculate the retroactively extracted quantity of oil shale, the issuer of permits shall sum up the unextracted quantities of oil shale remaining from the annual extraction rate during the past six calendar years from which the quantities of oil shale approved by a resolution of the issuer of permits under subsections (6) and (15) of this section have been subtracted. Subtracting is started from the seventh calendar year counting back from the current year, excluding the current year, and continued if necessary by approaching the current year in time.
(4) The holder of an extraction permit who wishes to extract in the following calendar year more than the annual rate permitted to be extracted determined thereto under subsection 26 (51) of this Act or more than the proportionately reduced maximum annual rate determined for the holder of the extraction permit under subsection 42 (3) shall submit an application to the issuer of permits no later than on 1 September, which sets out the quantity of oil shale which it wishes to extract more in the following calendar year.
(5) The application specified in subsection (4) of this section shall not be processed in open proceedings.
(6) The issuer of permits shall approve by its decision the quantities of oil shale permitted to be extracted more in the following calendar year in terms of holders of oil shale extraction permits on the basis of the applications within 30 days after receipt of the applications.
(7) The issuer of permits shall refuse to approve the quantity of oil shale set out in the application to the extent that such quantity together with the annual rate permitted to be extracted determined under subsection 26 (51) of this Act or the proportionately reduced maximum annual rate determined for the holder of the extraction permit under subsection 42 (3) exceeds the sum of maximum annual rates entered on all the oil shale extraction permits of the holder of the extraction permit.
(8) The holder of an extraction permit may extract in the calendar year following the year of making of the decision specified in subsection (6) or (15) of this Act more than the annual rate permitted to be extracted determined thereto under subsection 26 (51) of this Act or more than the proportionately reduced maximum annual rate determined for the holder of the extraction permit under subsection 42 (3) to the extent of the quantity of oil shale set out in the above decision.
(9) Upon retroactive extraction of unextracted quantity of oil shale remaining from annual oil shale extraction rate, the quantity of oil shale extracted from the mining claim per year set out on the extraction permit shall not exceed the maximum permitted annual rate of extraction entered on that permit.
(10) If the total sum of the quantities of oil shale set out in the applications exceed the retroactively extracted quantity of oil shale published in accordance with subsection (2) of this section, the issuer of permits shall organise an auction for selling the mining right for the retroactively extracted quantity of oil shale. The persons who have submitted the application specified in subsection (4) of this section may participate in the auction.
(11) The decision on organising the auction specified in subsection (10) of this section shall be made no later than 60 days after the due date for submission of applications. The decision on organising the auction shall set out information on the object of the auction, the starting price, the deposit amount, the time and place of the auction, contact details of the person organising the auction, the manner of payment of the auction price and other information relevant for organising the auction. The decision on organising the auction shall be sent to the persons who have submitted the application.
(12) The issuer of permits may establish a deposit for participation in an auction. The deposit shall be equal to all participants in an auction and shall not be greater than 1600 euros. After the winner of the auction has been ascertained, the deposit shall be returned to persons who did not win the auction. The deposit shall not be returned to persons who have contributed to the failure of the auction. The deposit shall be set off against the purchase price of the auction.
(13) The person who has made the highest bid for the mining right per one ton of oil shale is the winner of the auction. The winner of the auction acquires the mining right for the quantity of oil shale indicated in the bid for the price bid thereby, whereas the quantity of oil shale shall not be greater than the total quantity of the object of the auction. If the quantity indicated by the winner in the bid is lower than the total quantity of the object of the auction, there can be several winners of the auction. The persons who have made a bid are listed in the descending order of the price bid for the mining right per one ton of oil shale, and the bids shall be satisfied in the same order. The person who has made the next best bid after the highest price bid acquires in the auction the mining right at the price and quantity indicated in the bid made in the auction thereby or in the volume remaining after subtracting the quantity acquired by the person or persons who have made the highest bid from the total quantity of the object of the auction. The total quantities of acquired mining rights shall not exceed the total quantity of the object of the auction.
(14) An auction is deemed to have failed if, in the course of the auction, the winner of the auction is not ascertained regardless of the reasons therefor. Upon failure of an auction, the issuer of permits may organise a new auction.
(15) The issuer of permits shall approve by its decision the quantity of oil shale permitted to be extracted more in the following calendar year by the winner of the auction on the basis of the mining right for a quantity of oil shale acquired at the auction. The issuer of permits shall refuse to approve the quantity of oil shale indicated in the application for the persons who have not acquired the mining right for oil shale at the auction.
(16) The revenues generated from the auction shall accrue to the state budget.
(17) The procedure for selling the mining right for retroactively extracted quantity of oil shale by auction and the starting price of the auction shall be established by a regulation of the minister responsible for the area.
[RT I, 07.07.2015, 3 - entry into force 17.07.2015]

§ 26.  Annual rate and maximum permitted annual rate of extraction of mineral resources

(1) The annual rate of extraction of mineral resources is the average quantity of mineral reserves extracted, the extraction of which ensures exhaustion of the mineral reserves of the mining claim during the period of validity of the permit.
(2) The annual rate of extraction of mineral resources shall be determined on the basis of an application for an extraction permit, taking account of the environmental requirements and the technology used upon extraction.
(3) The maximum permitted annual rate of extraction of mineral resources is the maximum quantity of mineral reserves permitted to be extracted per year.
(4) The maximum permitted annual rate of extraction shall be established upon extraction of peat and oil shale. Upon extraction of other mineral resources, the maximum permitted annual rate of extraction shall be established if necessary for compliance with the environmental requirements. It is permitted to transfer the maximum permitted annual rate of extraction of oil shale or a part thereof to a person who holds a valid extraction permit for oil shale. Upon submission of a copy of the transfer contract and an application for amendment of the permit to the issuer of the permit the maximum permitted annual rate of extraction to be transferred is deemed to be assigned for the benefit of the transferee, unless the transferor or the transferee withdraws the application for amendment of the permit or the issuer of the permit refuses to amend the permit.
[RT I 2008, 48, 267 - entry into force 23.11.2008]
(5) Upon extraction of peat, the holder of an extraction permit has the right, if the quantity of mineral reserves extracted is smaller than the maximum permitted annual rate of extraction, to extract the remaining quantity during the following three years. Upon extraction of the remaining quantity of mineral reserves retroactively, the total quantity of mineral reserves extracted during a current year shall not exceed the maximum permitted annual rate of extraction established for compliance with the environmental requirements, provided that the rate is specified in the extraction permit.
(51) For the purpose of more flexible use of the annual oil shale extraction rate, the annual rate permitted to be extracted may also be determined in an extraction permit for oil shale in addition to the maximum permitted annual rate. The annual rate permitted to be extracted may be different by year, but it may not exceed the maximum annual rate indicated in the permit. The annual rate permitted to be extracted is determined if there is an agreement between the holders of extraction permits for oil shale whereby the extraction of oil shale within the limit of the annual oil shale extraction rate is ensured. The agreement must set out the annual rate permitted to be extracted for each holder of an extraction permit who is a party to the agreement during the term of the agreement. In such case a holder of an extraction permit is not permitted to extract more oil shale per year under the permit than the annual rate permitted to be extracted as determined in the permit.
[RT I 2008, 48, 267 - entry into force 23.11.2008]
(6) The mineral reserves of a mining claim which are to be extracted shall not be greater than the annual extraction rate or the maximum permitted annual rate of extraction multiplied by the period of validity of the extraction permit recalculated into years.

Division 2 Application for Extraction Permit and Refusal to Issue Extraction Permit, Period of Validity of Extraction Permit and Extraction Tax for Mining Right  

§ 27.  Application for extraction permit

(1) An application for an extraction permit shall contain:
1) information on the applicant for the permit and the miner;
11) information on the mineral deposit;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
2) information on the mining claim and its level of geological exploration and on the mine service plot;
3) information on the annual rate of extraction of mineral resources and the duration of extraction;
4) information on the planned area of use of the mineral resources;
5) a letter of explanation;
6) a graphical annex;
7) documents certifying the right to use land in the case of land owned by a person in private law;
8) a written consent of the owner of the mineral resource for issue of the extraction permit for the mineral resource in the case of a mineral resource owned by a person in private law, unless the owner of the mineral resource is the applicant for the extraction permit.
(2) A letter of explanation to an application for an extraction permit shall set out information on the mineral deposit, planned technology and the probable extent of the environmental impact arising from the planned extraction and the measures applied to prevent and reduce the possible changes in the earth's crust and restoration of the disturbed land. A letter of explanation to an application for an extraction permit shall also contain information about mining waste generated during extraction.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) The graphical part of an application for an extraction permit consists of the plan and geological cross section of the mining claim.
(31) If mining waste is generated during extraction and such waste is deposited on the mine service plot which is not a waste disposal site within the meaning of § 352 of the Waste Act, a mining waste management plan shall be appended to the application. Preparation, submission and approval of the waste management plan shall be based on the requirements provided for in § 421 of the Waste Act.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(4) [Repealed - RT I 2009, 63, 408 - entry into force 28.12.2009]
(5) The format of applications for extraction permits and the detailed requirements for applications, letters of explanation and graphical parts shall be established by the minister responsible for the area.

§ 28.  Application for extraction permit

(1) In order to receive an extraction permit, an applicant shall submit an application to the issuer of extraction permits.
(2) After the receipt of an application, the issuer of permits shall verify the compliance of the application with the requirements.
(3) The issuer of permits shall send an application for an extraction permit and a draft decision concerning the application for an opinion to the Commission of Estonian Mineral Resources and the local government of the planned mining site, who shall communicate their opinions in writing.
(4) An extraction permit in a mineral deposit of national importance, in a transboundary water body, on the territorial sea or in inland maritime waters and an exclusive economic zone of the Republic of Estonia shall be issued by the Ministry of the Environment, taking account of the opinion of the Commission of Estonian Mineral Resources. In a mineral deposit of local importance, an extraction permit shall be issued by the Environmental Board.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(5) If proposed activities potentially result in a significant environmental impact within the meaning of the Environmental Impact Assessment and Environmental Management System Act, the local government of the mining site and the Commission of Estonian Mineral Resources shall submit their opinions after verification of conformity of the environmental impact assessment statement to the requirements.
[RT I, 23.03.2015, 6 - entry into force 01.07.2015]
(6) Before submission of an application for the receipt, amendment or re-registration of an extraction permit, the applicant shall pay the state fee according to the rates provided for in the State Fees Act.
(7) The terms for the procedural acts for the issue, amendment and re-registration of extraction permits shall be established by the minister responsible for the area.

§ 29.  Open proceedings and notification of open proceedings

(1) The provisions of the Administrative Procedure Act concerning open proceedings apply to the proceedings concerning the issue and amendment of extraction permits, taking into account the specifications arising from this Act.
(2) The issuing authority shall publish a notice on receipt of an application for an extraction permit in the publication Ametlikud Teadaanded and, if necessary, at the expense of the applicant in a local or county newspaper. If the activities permitted by an extraction permit may result in significant regional or national environmental disturbance, the notice shall be published in at least one national newspaper at the expense of the applicant. If necessary, the notice may also be published in a national newspaper in other cases.
[RT I, 08.07.2014, 3 - entry into force 01.08.2014]
(3) The notice specified in subsection (2) of this section shall set out:
1) the business name, registry code and seat or the name, personal identification code and address of the applicant;
2) the planned place of business;
3) a short description of the planned activities;
4) the term and addressee for the submission of proposals, objections and questions;
5) the information that everyone has to right to submit proposals and objections in open proceedings.
[RT I, 08.07.2014, 3 - entry into force 01.08.2014]
(4) Where environmental impact is assessed in the proceedings for the issue of an extraction permit, the issuing authority may notify of receipt of an application for an extraction permit together with a notice on initiation of environmental impact assessment, taking also into consideration the requirements provided in the General Part of the Environmental Code Act when choosing the method of notification.
[RT I, 08.07.2014, 3 - entry into force 01.08.2014]

§ 30.  Extension of mining claim

(1) The holder of an extraction permit has the right to extend a mining claim to the adjoining or separate mining claims within the same mineral deposit if the mineral reserves extracted on the basis of the existing permit last for up to five years.
(2) If preparation of a mining claim and a mine service plot for the removal of mineral resources from the natural state lasts for longer than three years due to reasons beyond the control of the holder of the permit, the mining claim may be extended for eight years before the mineral reserves extracted on the basis of the existing permit are exhausted.
(21) Upon the extraction of oil shale, a mining claim shall be extended only within the limits of the maximum permitted annual rate of extraction of oil shale and the annual rate permitted to be extracted entered in the permits effective at the time of submission of the application by the miner. The annual rate permitted to be extracted may be increased in a new permit if a new agreement is entered into in accordance with subsection 26 (51) of this Act.
[RT I 2008, 48, 267 - entry into force 23.11.2008]
(3) The provisions concerning the proceedings regarding the issue of extraction permits apply to the proceedings regarding the extension of a mining claim.
(4) Upon extension of a mining claim, an existing extraction permit shall be amended by amending, if necessary, the period of validity and other requirements indicated on the permit.

§ 301.  Grant of new mining claim upon extraction of oil shale

(1) If the extracted mineral reserves granted on the basis of the current extraction permit for oil shale last for up to five years and the holder of the extraction permit applies for a new extraction permit in order to obtain a new mining claim, such application is processed as a priority before the applications of the persons who do not hold an effective extraction permit for oil shale. In this case § 32 of this Act does not apply.
(2) An extraction permit for oil shale is granted on the conditions specified in subsection (1) of this section only within the limits of the maximum permitted annual rate of extraction of oil shale and the annual rate permitted to be extracted entered in the permits effective at the time of submission of the application by the miner. The annual rate permitted to be extracted may be increased in a new permit if a new agreement is entered into in accordance with subsection 26 (51) of this Act.
[RT I 2008, 48, 267 - entry into force 23.11.2008]

§ 31.  Deficiencies in application for extraction permit

In the case of significant deficiencies in an application for an extraction permit, the issuer of permits may return the application without reviewing it.

§ 32.  Issue of extraction permit by auction

(1) If several persons have submitted applications for an extraction permit regarding the same mineral resource in state ownership and the submitted applications cannot be satisfied at the same time, the mining right shall be sold by an auction pursuant to the procedure established by the Government of the Republic.
(2) An auction shall be organised by the issuer of extraction permits. An auction shall be organised if, within thirty days after the publication of a notice concerning initiation of proceedings regarding the issue of an extraction permit, another application for an extraction permit regarding the same or partly overlapping part of the earth's crust is submitted.
(3) Before the initiation of an auction, it shall be verified whether the circumstances specified in clauses 34 1)–14), 17–18) and 20–21) of this Act occur in the submitted application. The auction shall be organised for applications to which the bases for refusal to issue an extraction permit arising from this Act do not apply.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(4) Upon organising an auction, processing of an application for an extraction permit shall be suspended until the winner of the auction is announced or the auction is declared to have failed.
(5) The issuer of permits may establish a deposit for participation in an auction. The deposit shall be equal to all participants in an auction and shall not be greater than 1600 euros. After the winner of the auction has been ascertained, the deposit shall be returned to persons who did not win the auction. The deposit shall not be returned to persons who have contributed to the failure of the auction.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(6) An auction is deemed to have failed if, in the course of the auction, the winner of the auction is not ascertained regardless of the reasons therefor. An application of an applicant who has contributed to the failure of the auction shall be returned to the applicant within two weeks after the auction is declared to have succeeded.
(7) After the winner of an auction is announced, the issuer of permits shall continue to process the application of the winner of the auction. Applications which did not win the action shall be returned to the applicants within two weeks after the winner of the auction is announced.
(8) Upon failure of an auction or if the winner withdraws the bid, an application of the next best tenderer shall be processed. In the case of equal tenders, an application received earlier shall be processed.

§ 33.  Additional consent for issue of extraction permit

(1) For the issue of an extraction permit, an additional consent is required from:
1) the minister responsible for the area if the permit is applied for within the territory of objects with a national defence purpose or if extraction may damage objects with a national defence purpose or cause disturbances in the operation thereof;
2) the minister responsible for the area if extraction may disturb border peace or impede the guarding of the state border, and also if mineral resources are planned to be extracted in cemeteries;
3) the minister responsible for the area if the extraction permit is applied for in heritage conservation areas and on immovable monuments or their protected zones;
31) the minister responsible for the area if the extraction permit is applied for the extraction of metal raw material or oil shale;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
4) the holder of an effective permit for geological investigation or effective exploration permit or within one year after expiry of the permit from the person to whom the permit for geological investigation or exploration permit had been granted if the permit is applied for within the area of geological exploration determined by the permit for geological investigation or exploration permit issued to the holder of the permit earlier for prospecting.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) The additional consent for the issue of an extraction permit specified in subsection (1) of this section shall be requested by the issuer of the permit.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 34.  Refusal to issue extraction permit

(1) The issue of an extraction permit shall be refused if:
1) the applicant for the permit does not have the right to use land for the extraction of mineral resources which belong to a private person;
2) the applicant for the permit plans to use open-cast mining and the rules for the protection of the protected natural object prohibit mining or mining damages the natural object proceedings for the placing of which under protection are conducted;
3) the applicant for the permit plans to use underground mining and mining damages the protected natural object or the natural object proceedings for the placing of which under protection are conducted;
4) the consent specified in § 33 of this Act has not been granted;
5) the rock, sediments, liquid or gas for the extraction of which the permit is applied for has not been registered as a mineral resource;
6) the annual rates fixed in the extraction permits issued for the extraction of the same mineral resource earlier exceed the maximum quantity of mineral reserves permitted to be extracted per year or the volumes are exceeded upon issue of the permit;
7) the mineral reserves for the extraction of which the mining claim is applied for is greater than that calculated on the basis of § 26 of this Act;
8) work carried out on the basis of the extraction permit being applied for significantly restricts performance of the rights or obligations arising from the extraction permit issued earlier;
9) within thirty days after initiation of the proceedings regarding issue of the extraction permit, an application for the extension of a mining claim regarding the same or partly overlapping area is submitted;
10) the applicant knowingly submits false information upon application for the permit;
11) preservation of another mineral resource entered in the environmental register such that it is usable has not been planned in the area affected by extraction;
12) the permit is applied for regarding the area such that a part of the approved mineable reserves the later independent use of which is not economically justified is excluded and exclusion of the mineral reserves from the mining claim does not arise from law or is not necessary for the protection of property or the environment;
13) disturbed land cannot be restored to be usable with reasonable expenses;
14) extraction is contrary to the national interests;
15) an auction was organised for the issue of the permit and the application of the person was not declared to be successful and the provisions of subsection 32 (8) of this Act were not applied;
16) the local government has not consented to the issue of the extraction permit;
17) the permit is applied for extracting oil shale, but the sectoral development plan concerning the use of oil shale is missing;
[RT I, 13.03.2014, 2 - entry into force 23.03.2014]
18) the direction of use of the mineral reserves applied for extraction is in conflict with the sectoral development plan concerning the use of oil shale;
[RT I, 13.03.2014, 2 - entry into force 23.03.2014]
19) it appears as a result of environmental impact assessment that extraction results in a significant environmental impact and this can neither be prevented nor mitigated.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
20) the submission of a mining waste management plan is required, but it has not been submitted or the submitted waste management plan does not conform to the requirements and the deficiencies are not eliminated during the term set for the purpose;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
21) a punishment has been imposed on the applicant for ignoring the requirements for handling mining waste and the corresponding information has not been expunged from the punishment register.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) In the case specified in clause (1) 16) of this section, an extraction permit may be issued with the consent of the Government of the Republic.
(3) The sectoral development plan concerning the use of oil shale specified in clause (1) 17) of this section shall be approved by the Riigikogu.
[RT I, 13.03.2014, 2 - entry into force 23.03.2014]

§ 35.  Extraction permit

(1) An extraction permit shall set out the name, registry code or personal identification code, and the address of the holder of the permit and the miner.
(2) An extraction permit shall set out:
1) the location of the mining claim and the size of the mineral reserve;
2) the size of the mining claim;
3) the size of the mine service plot necessary for the extraction of mineral reserves;
4) the area of use of the mineral reserves;
5) the average annual rate of extraction of mineral resources and the maximum permitted rate of extraction of mineral resources;
6) the period of validity of the permit;
7) the purpose of use of the land being restored;
8) the requirements set to ensure the protection of the earth's crust and rational use of the mineral reserves and to reduce the adverse impact on human health, property and the environment arising from extraction.
(21) If submission of a mining waste management plan is required, the waste management plan prepared and approved according to the requirements of § 421 of the Waste Act is an integral part of the extraction permit.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) The standard format for extraction permits shall be established by the minister responsible for the area.
[RT I 2005, 15, 87 - entry into force 03.04.2005]

§ 36.  Disclosure of issue of and issue of extraction permit

(1) The issuer of permits shall make the issue of an extraction permit public in the official publication Ametlikud Teadaanded.
(2) A notice regarding issue or amendment of an extraction permit shall set out the following information:
1) the business name, registry code and address, or the name, personal identification code and address of the recipient of the permit;
2) the address of the place of business;
21) the names of the mineral deposit and mining claim;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
3) a short description of the activities;
4) the period of validity of the permit.
(3) The issuer of an extraction permit for mineral resources shall send the permit to the holder of the permit by registered mail or deliver it to the holder of the permit against signature.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 37.  Period of validity of extraction permit

(1) An extraction permit shall be issued for up to 30 years for the extraction of mineral reserves in a dolostone, phosphate rock, crystalline building stone, limestone, metal raw material, oil shale, clay or peat deposit and a sand deposit of national importance and for up to 15 years in a lacustrine lime, lake mud, gravel or sea mud deposit and a sand deposit of local importance, except in the case provided for in subsection (2) of this section.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) If, upon processing an application for an extraction permit, it becomes evident that the mineral reserves in a mineral deposit cannot be exhausted within a period provided for in subsection (1) of this section and use of the remaining reserves on the basis of another extraction permit is economically unjustified, the issuer of permits has the right to issue the permit for a period which is longer by up to five years.

§ 38.  Extension of validity of extraction permit

(1) If, during the period of validity of an extraction permit, the mineral reserves are not completely exhausted within the boundaries of a mining claim or disturbed land is not restored, the issuer of permits shall extend the validity of the permit on the basis of an application of the holder of the permit in a dolostone, phosphate rock, crystalline building stone, limestone, metal raw material, oil shale, clay or peat deposit and a sand deposit of national importance altogether for not more than ten years and in a lacustrine lime, lake mud, gravel or sea mud deposit and a sand deposit of local importance altogether for not more than five years if the holder of the permit has received the right to use the immovable by the time specified in the application.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) Upon extension of a mining claim, an extraction permit shall also be extended arising from the provisions of § 37 of this Act.

§ 39.  Extraction tax for right to mine mineral resources

The extraction tax for the right to mine mineral resources shall be calculated and paid pursuant to the Environmental Charges Act and legislation established on the basis thereof.
[RT I 2005, 67, 512 - entry into force 01.01.2006]

§ 40.  Submission of report on volume of extraction of mineral reserves

[RT I 2005, 67, 512 - entry into force 01.01.2006]
(1) The holder of an extraction permit is required to submit a report on the volume of the extraction of mineral reserves to the issuer of permits once per quarter.
[RT I 2005, 67, 512 - entry into force 01.01.2006]
(2) The procedure for the submission of reports on the volume of the extraction of mineral reserves shall be established by the minister responsible for the area.
[RT I 2005, 67, 512 - entry into force 01.01.2006]
(3) The procedure for the submission of reports on the volume of the extraction of mineral reserves shall determine the procedure for the submission of reports on the volume of the extraction of mineral reserves and for the communication of information to the environmental register as well as the format of submission of information on the annual volume of extraction.
[RT I 2005, 67, 512 - entry into force 01.01.2006]
(4) In the event of failure to submit a report on the volume of the extraction of mineral resources in a timely manner, the Environmental Board shall issue a precept to the person to whom the extraction permit had been issued for the submission of the report.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(5) If the holder of an extraction permit fails to comply with the precept specified in subsection (4) of this section, the Environmental Board shall impose a penalty payment according to the provisions of the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 640 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 41.  [Repealed - RT I 2005, 67, 512 - entry into force 01.01.2006]

Division 3 Amendment, Revocation and Suspension of Extraction Permit and Assignment of Mining Right  

§ 42.  Amendment of extraction permit

(1) An extraction permit is amended if:
1) the information specified in clause 27 (1) 1) of this Act has changed;
2) the legislation which constituted the basis for the requirements set by the permit has been amended;
3) pollution arising from the activities permitted by the permit is of such significance that negative effects are caused to the environment of the place of business permitted by the permit and the vicinity of the place of business;
4) measures not specified in the extraction permit need to be applied for accident prevention;
5) the holder of the permit applies for the extension of the mining claim or has restored a part of the disturbed land according to the requirements;
6) the holder of the permit has submitted a reasoned application therefor;
7) the annual oil shale extraction rate is lower than the total of maximum permitted annual rates of extraction set out on the effective permits and adherence to the annual oil shale extraction rate is not ensured using the agreement provided in subsection 26 (51) of this Act;
[RT I 2008, 48, 267 - entry into force 23.11.2008]
8) it is necessary to change the requirements indicated in the permit due to changes in the mining waste management plan or submission of a new waste management plan.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) The provisions concerning open proceedings do not apply to proceedings initiated for amending a permit on the basis of clause (1) 1) of this section.
(3) If the agreement provided in subsection 26 (51) of this Act is not reached, the maximum permitted annual rate of extraction of oil shale of each holder of extraction permits is reduced in proportion to the share of the maximum annual rate granted to the holder by extraction permits in the volume by which the annual rate of extraction of oil shale is smaller than the total sum of maximum annual rates set out on the effective permits. Holders of extraction permits may determine themselves on which permits granted to them and in which part the maximum permitted annual rate is reduced. Upon amendment of the maximum permitted annual rate on the extraction permit, the period of validity of the extraction permit is also amended on the extraction permit if necessary in accordance with subsection 26 (6) of this Act.
[RT I 2008, 48, 267 - entry into force 23.11.2008]

§ 43.  Revocation of extraction permit

(1) The issuer of an extraction permit shall revoke a permit if:
1) the holder of the permit informs the issuer of permits of the wish to waive the mining right and the holder of the permit has performed the obligations arising from the permit;
2) the holder of the permit has violated the requirements of legislation established in this Act or on the basis thereof within the territory of the mining claim or the mine service plot and the holder of the permit has more than one punishment in force for the specified violation;
3) extraction involves unforeseeable environmental impact which the holder of the permit cannot bring into permitted limits;
4) the measures applied by the holder of the extraction permit do not keep the environmental impact in permitted limits;
5) the holder of the extraction permit has knowingly submitted false information in the application for the permit;
6) the submission of a mining waste management plan is required, but it has not been submitted or the submitted waste management plan does not conform to the requirements and the deficiencies are not eliminated during the term set for the purpose;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
7) the activities related to the handling of mining waste do not correspond to the mining waste management plan;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
8) the holder of the permit must also hold a waste permit in accordance with clause 73 (2) 8) of the Waste Act, but there is no valid waste permit.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) The issuer of extraction permits shall inform the local government of the location of the mining claim of revocation of a permit.
(3) In addition to the provisions of subsection (1) of this section, the issuer of an extraction permit has the right to revoke a permit if the holder of the permit has not commenced the extraction of mineral reserves within the boundaries of the mining claim determined in the permit within five years after the issue of the permit.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 44.  Assignment of mining right and re-registration of extraction permit

(1) The holder of an extraction permit has, during the period of validity of the permit, the right to assign the rights and obligations arising from the permit to a person whose area of activity, according to the commercial register, is the extraction of mineral reserves.
(2) In order to acquire the mining right, a person specified in subsection (1) of this section shall submit to the issuer of extraction permits an application for the re-registration of a permit in the person's name. A written consent of the holder of the permit regarding assignment of the mining right shall be appended to the application for re-registration. An extraction permit shall not be re-registered in the name of a person on whom a punishment has been imposed for ignoring the requirements for handling mining waste and the corresponding information has not been expunged from the punishment register.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(3) The mining right arises on the working day following the re-registration of an extraction permit, unless a later date arises from an application, or after obtaining the right to use land if such right is acquired after the re-registration of the extraction permit.
(4) Re-registration of an extraction permit means that information concerning the holder of the permit is changed on the permit. The provisions of the Administrative Procedure Act concerning open proceedings do not apply to re-registration proceedings.
(5) Upon re-registration of an extraction permit, the mining waste management plan which is appended to the permit is also deemed to be binding on the person acquiring the extraction permit.
[RT I 2010, 44, 260 - entry into force 19.07.2010]

Chapter 4 RESTORATION OF LAND DISTURBED BY GEOLOGICAL INVESTIGATION, GEOLOGICAL EXPLORATION OR EXTRACTION OF MINERAL RESERVES  

Division 1 Restoration of Land Disturbed by Geological Investigation or Geological Exploration  

§ 45.  Restoration of land disturbed by geological investigation or geological exploration

(1) The holders of permits for geological investigation and exploration permits are required to restore the service plot of a geological exploration area.
(2) The procedure for the restoration of land disturbed by geological investigation or geological exploration shall be established by the minister responsible for the area.
(3) If the holder of a permit for geological investigation or an exploration permit has not commenced the restoration work during a technologically reasonable period of time, the issuer of permits shall issue a precept to the holder of the permit and upon failure to comply with the precept, a coercive measure shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(4) Upon liquidation of the holder of a permit for geological investigation or an exploration permit which is a legal person, the liquidators shall organise performance of the restoration obligation of the disturbed land.
(5) The service plot of a geological exploration area must be restored before the submission of a geological investigation report or geological exploration report or, if a report is not submitted, before the expiry of the permit for geological investigation or exploration permit.

§ 46.  Declaration of restoration obligation to be performed

(1) The person who carries out the work shall prepare a report concerning the restoration of service plot of a geological exploration area of geological investigation or geological exploration and the possessor of the immovable must grant approval to the report.
(2) The restoration obligation is performed if a report concerning the restoration of the service plot of a geological exploration area has been approved by the Environmental Board.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(3) The Environmental Board shall approve a report concerning the restoration of the service plot of a geological exploration area if the service plot of the geological exploration area has been restored as required.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 47.  Elimination of unforeseeable restoration defects

(1) If, three years after approval of a report concerning the restoration of the service plot of a geological exploration area specified in § 46 of this Act, environmental damage which could not be foreseen upon approval of the report but which arises from violation of the restoration requirements becomes evident on the restored area, the issuer of permits shall issue a precept for elimination of the damage to the person to whom the permit for geological investigation or exploration permit was issued.
(2) If a person to whom a permit for geological investigation or an exploration permit was issued fails to comply with the precept specified in subsection (1) of this section within the time limit, a coercive measure shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

Division 2 Restoration of land disturbed by extraction of mineral reserves  

§ 48.  Restoration of land disturbed by extraction of mineral reserves

(1) The holder of an extraction permit is required to restore land disturbed by the extraction of mineral reserves on the basis of a restoration project.
(2) In order to implement a restoration project, the Environmental Board shall grant its consent, taking account of the opinion of the Commission of Estonian Mineral Resources.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(3) The holder of an extraction permit is required to submit, once a year, information on the land disturbed by the extraction of mineral reserves and restoration of the disturbed land to the issuer of permits.
(4) Upon restoration of land disturbed by the extraction of mineral reserves, it shall be ensured that:
1) the groundwater regime of the mining area corresponds to the specific purpose of land use;
2) the restored area fits into the surrounding landscape;
3) the relief of the restored area is as nature-identical as possible;
4) the restored area does not pose a danger arising from its special character to the persons in the area.
(41) Upon returning mining waste into the workings made in the course of open-cast mining or underground mining for the purpose of restoration of land disturbed by extraction or for the purpose of construction, the holder of an extraction permit shall:
1) ensure physical stability of workings and prevent subsidence, taking account of the requirements provided by § 331 of the Waste Act;
2) prevent the pollution of soil, surface water and groundwater;
3) ensure the monitoring of mining waste deposited back in the workings after restoration of land in accordance with the requirements provided by § 331 of the Waste Act.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(42) For the purpose of preventing deterioration of the status of water and pollution of air and soil, the requirements established by a regulation of the minister responsible for the area on the basis of subsection § 331 (8) of the Waste Act apply upon restoration of land disturbed by extraction.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(5) The procedure for the restoration of land disturbed by the extraction of mineral reserves and the requirements for restoration projects shall be established by the minister responsible for the area. The procedure for the restoration of land disturbed by the extraction of mineral reserves shall determine:
1) the procedure for the submission of information on the land disturbed by the extraction of mineral reserves and restoration of the disturbed land;
2) a format of report on the land disturbed by the extraction of mineral reserves and restoration of the disturbed land;
3) the list of conditions for the preparation of the restoration project;
4) the requirements for the restoration project;
5) the requirements for the relief of the restored land and the structures planned thereon, based on the specific purpose of land use;
6) the requirements for soil treatment;
7) the rules of procedure of the approval commission for restoration (hereinafter commission).
(51) In the appropriate cases, the requirements for landfills established by a regulation of the minister responsible for the area on the basis of the Waste Act, including clause 33 (1) 1) thereof, apply to the waste other than mining waste used upon filling the workings.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(6) A person engaged in the preparation of a project within the meaning of § 10 of the Mining Act has the right to prepare a restoration project.
(7) Upon liquidation of the holder of an extraction permit which is a legal person, the liquidators shall organise performance of the restoration obligation of disturbed land.
(8) Land disturbed by the extraction of mineral reserves shall be restored before the expiry of the extraction permit.
(9) If land disturbed by the extraction of mineral reserves has not been restored before the expiry of the extraction permit, the provisions of § 49 of this Act shall be applied.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 49.  Ensurance of restoration of disturbed land

(1) If the holder of an extraction permit or the person to whom an extraction permit was granted has not commenced the restoration work of disturbed land during a technologically reasonable period of time, the issuer of extraction permits shall issue a precept to the holder of the permit or the person to whom the permit was granted and upon failure to comply with the precept, the coercive measures shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The precept shall set out the due date for the commencement of restoration work and their schedule. The person to whom an extraction permit was granted is deemed to be the person who was the holder of the extraction permit at the time of expiry of the permit.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) If the holder of an extraction permit or the person to whom an extraction permit was granted fails to carry out the restoration work according to the procedure for the restoration of land disturbed by the extraction of mineral reserves, the issuer of extraction permits shall issue a precept to the holder of the permit or the person to whom the permit was granted and upon failure to comply with the precept, the coercive measures shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(3) If the precepts specified in subsections (1) and (2) of this section are not complied with, a penalty payment in the amount of up to 3200 euros per one hectare of the mining claim and the mine service plot shall be imposed for failure to commence the restoration work of disturbed land or for failure to comply with the requirements of the procedure for the restoration of land disturbed by the extraction of mineral reserve.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(4) If activities related to extraction have been terminated on land disturbed by the extraction of mineral reserves and the holder of an extraction permit or the person to whom an extraction permit was granted has not restored the disturbed land, the penalty payment shall be replaced by substitutive enforcement. The issuer of extraction permits shall organise substitutive enforcement pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(5) If the owner of an immovable does not allow restoration work on the immovable of the owner after the expiry of the extraction permit, the obligation to restore this immovable transfers to the owner of the immovable.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(6) If the owner of an immovable fails to carry out the restoration work according to the procedure for the restoration of land disturbed by the extraction of mineral reserves, the issuer of extraction permits shall issue a precept to the owner of the immovable and upon failure to comply with the precept, the coercive measures shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(7) If the owner of an immovable has not commenced the restoration work of disturbed land within one year after the transfer of the restoration obligation to the owner of the immovable, the issuer of extraction permits shall issue a precept to the owner of the immovable and upon failure to comply with the precept, the coercive measures shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The precept shall set out the due date for the commencement of restoration work and their schedule.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(8) If the precept specified in subsection (6) or (7) of this section are not complied with, a penalty payment in the amount of up to 3200 euros per one hectare of the mining claim and the mine service plot within the limits of the immovable shall be imposed for failure to commence the restoration work of disturbed land or for failure to comply with the requirements of the procedure for the restoration of land disturbed by the extraction of mineral reserve.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 50.  Declaration of obligation to restore disturbed land to be performed and approval commission for restoration

(1) The issuer of extraction permits shall declare the obligation to restore disturbed land to be performed, taking account of the proposal of the commission. The commission shall be formed and its head shall be designated by the issuer of permits.
(2) A representative of the issuer of permits, a representative of the holder of a permit, the owner of an immovable which is a mine service plot or a representative of the owner or, in the case of state land, the administrator of an immovable or a person authorised thereby, a representative of the local government and a necessary number of experts at the discretion of the person who forms the commission shall be appointed as members of the commission. In the case of a mineral deposit of national importance, a representative of the Ministry of the Environment shall also be appointed as a member of the commission.
(3) The functions of the commission are to:
1) verify whether the restoration work and the restored land complies with the requirements of the procedure for the restoration of land disturbed by the extraction of mineral reserve;
2) make a proposal to the person who forms the commission to declare disturbed land to be restored if the land is restored as required, or make a reasoned proposal not to declare disturbed land to be restored if the land is not restored as required.
(4) The Environmental Board shall communicate the copy of a decision that disturbed land is declared to be restored to the authorised processor of the land cadastre.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

§ 51.  Elimination of unforeseeable restoration defects

(1) If, within three years after a decision to declare land disturbed by the extraction of mineral reserves to be restored is made, environmental damage which could not be foreseen during declaration of the disturbed land to be restored but which arises from violation of the restoration requirements becomes evident, the issuer of permits shall issue a precept for elimination of the environmental damage to the holder of the extraction permit or the person to whom the extraction permit was granted or, upon transfer of the restoration obligation to the owner of an immovable, the owner of the immovable.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) If a holder of an extraction permit or a person to whom the extraction permit was granted or, upon transfer of the restoration obligation to the owner of an immovable, the owner of the immovable fails to comply with the precept specified in subsection (1) of this section within the time limit, a coercive measure shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

Chapter 5 RELATIONS BETWEEN OWNERS OF IMMOVABLES AND HOLDERS OF PERMITS FOR GEOLOGICAL INVESTIGATION, EXPLORATION PERMITS AND EXTRACTION PERMITS  

§ 52.  Right to use immovables belonging to persons in private law

(1) If geological investigation is not prospecting, the owner of an immovable is required to permit the investigation on the immovable.
(2) Geological investigation shall not be carried out without the consent of the owner in orchards, yards or below buildings and closer to residential buildings than 50 metres.
(3) Geological investigation, prospecting or extraction of mineral reserves may be carried out on an immovable belonging to a person in private law upon agreement with the owner of the immovable.

§ 53.  Use of immovables in state or municipal ownership

(1) In order to use an immovable in state or municipal ownership for geological investigation or geological exploration, a written approval of an administrator of state assets or the rural municipality or city government is required. In the case of land specified in subsection 31 (2) of the Land Reform Act no separate permit is granted and the issue of an exploration permit also grants the right to use such land for the purpose of geological investigation or geological exploration.
[RT I, 15.03.2013, 26 - entry into force 20.03.2013]
(2) Use of an immovable in state or municipal ownership for geological investigation or geological exploration is free of charge.
(3) An immovable in state or municipal ownership shall be granted use of to an applicant for an extraction permit for the extraction of mineral reserves by leasing, establishment of a usufruct or constitution of a right of superficies. The procedure for the grant of mineral reserves on an immovable in state ownership for extraction shall be established by the Government of the Republic. The procedure for the grant of mineral reserves on an immovable in municipal ownership for extraction shall be established by the rural municipality or city council.
(4) An immovable in state or municipal ownership shall be transferred for the extraction of mineral resources to a person to whom the issuer of permits has decided to issue a permit. Upon grant of mineral reserves on an immovable for extraction, a public auction or a tender with preliminary negotiations shall not be organised.
(5) Grant of mineral reserves on an immovable in state ownership for extraction shall be organised by the administrator of state assets or a person authorised thereby. Grant of mineral reserves on an immovable in municipal ownership for extraction shall be organised by the rural municipality or city government.
(6) The annual tax rate for the use of mineral reserves on an immovable in state ownership granted for extraction is 5 per cent of the assessed value of land or, if an appraisal of land has been effected, 5 per cent of the value of land determined upon the appraisal of such land. The annual tax rate for the grant of mineral reserves on an immovable in municipal ownership for extraction shall be established by the rural municipality or city council.
(7) A person who has obtained the right to use land shall pay for the costs of grant of use of an immovable for extraction.

§ 54.  Temporary construction works in areas of geological investigation and geological exploration

(1) The holder of a permit for geological investigation or an exploration permit has the right to drill boreholes, construct workings and temporary constructions works necessary for geological operations on the area of investigation or exploration to the justified extent and fell trees obstructing geological operations and level the investigation or exploration site determined by the permit.
(2) The owner of an immovable does not have the right to use temporary construction works built for geological operations during the period of validity of the permit for geological investigation or exploration permit and the construction works do not become an essential part of the immovable during the period of validity of the permit for geological investigation or exploration permit, unless the owner of the construction works and the owner of the immovable have agreed otherwise.

§ 55.  Compensation for damage caused by geological investigation or geological exploration

(1) The holders of permits for geological investigation and exploration permits shall compensate for the caused damage regardless of whether or not they are culpable.
(2) A claim for compensation for damage specified in subsection (1) of this section expires within one year after the date when the injured party became or should have become aware of the caused damage.
(3) The provisions of subsections (1) and (2) of this section apply to the holders of permits for geological investigation and exploration permits within ten years after the expiry of the permits for geological investigation and exploration permits.

§ 56.  Compensation for damage caused by extraction of mineral reserves

(1) The holders of extraction permits shall compensate for the damage caused by the extraction of mineral reserves regardless of whether or not they are culpable.
(2) The provisions of subsection (1) of this section also apply to persons who have the right to extract mineral reserves without a permit.
(3) A person to whom damage has been caused by the extraction of mineral reserves shall submit a claim for compensation for damage within three years as of the date when the person became or should have become aware of the caused damage.
(4) The provisions of subsections (1)–(3) of this section apply to the holders of an extraction permit and persons who have the right to extract mineral reserves without a permit within ten years after the expiry of the extraction permit or termination of extraction without a permit.
(5) If damage has been caused ten years after the expiry of an extraction permit, the caused damage shall be compensated for by the state out of the funds received from the extraction tax for the mining right. The state shall compensate for the damage also if caused after the liquidation of a legal person which held a permit or after the death of a person who extracted mineral reserves without an extraction permit.

§ 57.  Marking of mining claim and mine service plot

(1) The holder of an extraction permit is required to mark the boundary of a mining claim or a mine service plot and, at the request of the owner of the bordering immovable, fence it unless this involves excessive costs.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) The marking of a mining claim and its service plot shall be sufficiently visible to prevent people from entering the hazardous zone of excavation operations by chance. Hazardous zone is deemed to be an area, where staying could pose a danger to human health.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 58.  Right of holder of permit for geological investigation, exploration permit and extraction permit to use road

(1) Private roads shall be used pursuant to the procedure provided for in the Construction Code.
[RT I, 23.03.2015, 3 - entry into force 01.07.2015]
(2) If the owner of a road and the holder of a permit for geological investigation, an exploration permit or an extraction permit do not reach an agreement and the holder of the permit does not have other access to the area of geological exploration or the mining area from a public road, the holder of the permit has the right to demand access to the area of geological exploration or the mining area for the period of validity of the permit pursuant to the procedure provided for in § 156 of the Law of Property Act.

Chapter 6 OTHER USE OF EARTH'S CRUST  
[RT I 2010, 44, 260 - entry into force 19.07.2010]

§ 59.  Use of earth's crust not related to extraction of mineral resources

(1) The owner of an immovable or a person with the right to use an immovable has the right to use the earth's crust without a permit for geological investigation, an exploration permit or an extraction permit if this arises from the need to use the immovable and this is not contrary to law.
(2) The owner of an immovable who is a natural person has the right to extract mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves and present within the limits of the immovable without an extraction permit for the purpose of use in the owner's personal household unless otherwise provided for in this Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(3) Transportation of mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves to another immovable of the same person is permitted only with the consent of the Environmental Board. The consent is deemed to be granted if the owner of the immovable has notified the Environmental Board of the intention of transportation beforehand in writing and the latter has not refused to grant consent within two weeks after receiving the notice.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(4) The notice specified in subsection (3) of this section shall describe the quantity and, if known, the quality of the transported mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves, the intended use thereof and the proposed time and route of transportation. If the Environmental Board needs additional information from the person giving the notice, the time limit provided in subsection (3) of this section is extended by the time for obtaining the information.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(5) The grant of a consent shall be refused if the intended purpose of the mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves does not correspond to the provisions of subsection (2) of this section or removal thereof from the natural state involved or would involve significant environmental damage.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 591.  Geological storage of carbon dioxide

(1) Geological storage of carbon dioxide in accordance with the Ambient Air Protection Act in the territory of the Republic of Estonia and under the continental shelf of Estonia is prohibited.
(2) The prohibition specified in subsection (1) of this section does not apply if the total volume of geologically stored carbon dioxide is less than 100 kilotons and the storage is undertaken for research, development or testing of new products and processes.
[RT I, 21.12.2011, 1 - entry into force 31.12.2011]

§ 60.  Use of excavated mineral raw material remaining after construction, land improvement work and agricultural work

(1) The owner of an immovable or a person with the right to use an immovable has the right to dispose of, and to market, the excavated mineral raw material generated upon and remaining after construction, land improvement work and agricultural work.
(2) Generation and use of excavated mineral raw material in the course of work performed in the earth's crust, such as construction of ditches, basements and underground constructions, upon construction and land improvement work and agricultural work is not deemed to be mining.
(3) Transfer of excavated mineral raw material or use thereof outside of an immovable is permitted only with the consent of the Environmental Board. The consent is deemed to be granted if a notice thereof has been given to the Environmental Board beforehand in writing and the latter has not refused to grant consent within two weeks after receiving the notice. If the Environmental Board needs additional information from the person giving the notice, the time limit for refusal to grant consent is extended by the time for obtaining the information. The notice shall describe the quantity and, if known, the quality of the excavated mineral raw material to be transferred or used outside of the immovable and the location of use of the excavated mineral raw material if the excavated mineral raw material is intended to be used outside of the immovable. A schedule of activities in the course of which the excavated mineral raw material is generated, a plan of the location of the activities prepared on the basis of the existing planning material and a copy of the appropriate activity licence or a copy of the relevant documentation concerning the project if these are required for organising the activities provided in subsection (1) of this section shall be appended to the notice.
[RT I 2009, 3, 15 - entry into force 01.02.2009]
(4) The grant of consent specified in subsection (3) of this section shall be refused if:
[RT I 2008, 28, 183 - entry into force 13.07.2008]
1) excavated mineral raw material to be transferred or used outside of an immovable has not been generated in the course of construction, land improvement work or agricultural work;
2) the amount of rock or sediments removed from the natural state is greater than necessary for construction, land improvement work or agricultural work;
3) in the case of use of excavated mineral raw material outside of an immovable, the documents required in subsection (3) of this section have not been appended to the notice specified in subsection (3) of this section.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(5) In the cases specified in subsection (4) of this section, the Environmental Board may demand by a precept that the natural status before generation of excavated mineral raw material be restored. Upon failure to comply with a precept, substitutive enforcement shall be applied pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(6) Extra-judicial disputes concerning grant of consent shall be adjudicated by the minister responsible for the area pursuant to the procedure provided for in the Administrative Procedure Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 61.  [Repealed - RT I 2005, 67, 512 - entry into force 01.01.2006]

§ 611.  Transfer of overburden and its use outside of mining claim

(1) A miner of mineral resources has the right to transfer overburden on mineral resources which is not registered as mineral reserves and which is removed upon open-cast mining or use it outside of a mining claim only with the consent of the Environmental Board, taking account of the soil protection requirements provided for in § 65 of this Act. The consent is deemed to be granted if the miner has notified the Environmental Board thereof beforehand in writing and the latter has not refused to grant consent within two weeks after receiving the notice. If the Environmental Board needs additional information from the person giving the notice, the time limit for refusal to grant consent is extended by the time for obtaining the information.
(2) The notice specified in subsection (1) of this section shall describe the quantity and quality of the entire overburden to be removed and the quantity, quality and location of use of the overburden to be removed or used outside of the mining claim. A schedule for the planned activities, a plan of the location of the activities prepared on the basis of the existing planning material and copies of the extraction permit for mineral resources and the extracted area restoration project shall be appended to the notice.
(3) The Environmental Board refuses to grant consent if the transfer or use of the overburden outside of the mining claim involved or would involve significant environmental damage or the excavated mineral raw material has been generated upon mining without a permit or the requirements on restoration of land disturbed by the extraction cannot be observed upon restoration of the extracted area.
[RT I 2010, 44, 260 - entry into force 19.07.2010]

Chapter 7 PROTECTION OF EARTH'S CRUST  

§ 62.  General requirements for protection of earth's crust

(1) Upon organisation of activities affecting the condition and use of the earth's crust, the following shall be ensured:
1) preservation of the registered mineral resource such that they can be extracted;
2) preservation of the registered mineral reserves such that it can be extracted;
3) access to the mineral reserve;
4) the optimum use of the mineral reserves which is granted use of.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) The Ministry of the Environment may allow activities affecting the condition and use of the earth's crust if the planned activities are not of a permanent nature, except in the case provided in subsection (3) of this section.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(3) The Ministry of the Environment may allow activities of a permanent nature affecting the condition and use of the earth's crust only if the planned activities do not deteriorate the current situation as regards preservation of the mineral reserves or access to the mineral reserves.
[RT I 2008, 28, 183 - entry into force 13.07.2008]

§ 63.  Protection of mineral reserves

(1) Upon issue of an extraction permit, parts of the mineral deposit where, due to the quantity or condition of mineral reserves, their use is not economically justified any more shall not be excluded from a mining claim.
(2) Upon extraction of mineral reserves, preservation of the mineral reserves remaining in the mineral deposit such that they can be used and extracted shall be ensured.
(3) The provisions of subsections (1) and (2) of this section are not applied to the extent which is necessary to ensure safe working environment, preservation of property and prevention or reduction of excessive environmental hazards.
(4) If a mineral deposit which is in the environmental register mineral deposits list or a part thereof is situated in a planned area, the county-wide spatial plan, comprehensive plan or detailed plan or the special plan of the state or the local government is to be approved by a person authorised by the Ministry of the Environment or the minister responsible for the area pursuant to the procedure provided by the Planning Act.
[RT I, 23.03.2015, 3 - entry into force 01.07.2015]

§ 64.  Critical rate of peat reserves and use of abandoned peat areas disturbed by extraction

[RT I 2010, 44, 260 - entry into force 19.07.2010]
(1) The critical rate and use rates of the peat reserves shall be established by the Government of the Republic.
(2) [Repealed - RT I 2008, 28, 183 - entry into force 13.07.2008]
(3) A list of abandoned peat areas disturbed by extraction shall be approved by the minister responsible for the area.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(4) The critical rate and use rates of the peat reserves established on the basis of subsection (1) of this section do not apply to extraction in the abandoned peat areas disturbed by extraction.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(5) Applications for extraction permits for mineral reserves submitted in respect of the areas specified in subsection (3) of this section shall be processed pursuant to the procedure provided by this Act.
[RT I 2010, 44, 260 - entry into force 19.07.2010]

§ 65.  Soil protection requirements

(1) The holder of an extraction permit is required to remove the soil within the boundaries of structures related to the extraction of mineral reserves at least from the humus layer.
(2) The thickness of the soil layer shall be determined in the course of a geological exploration and the description of the soil layer shall be set out in the geological exploration report.
(3) The holder of an extraction permit may:
1) temporarily stockpile the soil removed from the mine service plot within the mine service plot;
2) use the soil removed from the mine service plot for the restoration of disturbed land;
3) transfer the soil removed from the mine service plot to the extent which is unnecessary for the restoration of disturbed land after fixing the amount of soil necessary for the restoration of disturbed land in the restoration project.
(4) Extraction of mineral reserves shall not cause soil degradation.
(5) Use of the earth's crust only for the purposes of extraction of the humus layer of soil is prohibited.

§ 66.  [Repealed - RT I 2010, 44, 260 - entry into force 19.07.2010]

Chapter 71STATE SUPERVISION  
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 661.  State supervision

(1) State supervision over compliance with the requirements of this Act and legislation established on the basis thereof shall be exercised by the Environmental Inspectorate.
(2) The Environmental Board as the issuer of permits shall exercise supervision over compliance with the requirements specified in §§ 22, 40, 45, 47, 49, 51 and 60 of this Act.
(3) The Ministry of the Environment as the issuer of permits shall exercise supervision over compliance with the requirements specified in §§ 22, 45, 47, 49 and 51 of this Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 662.  Special state supervision measures

Law enforcement authorities may apply the special state supervision measures provided in §§ 30, 31, 32, 45, 46, 49, 50 and 51 of the Law Enforcement Act for exercising the state supervision provided in this Act on the basis of and pursuant to the procedure provided by the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 663.  Use of direct coercion

The Environmental Inspectorate is permitted to use physical force on the basis of and pursuant to the procedure provided by the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 664.  Penalty payment rate

Upon failure to comply with a precept, the maximum rate of a penalty payment imposed pursuant to the procedure provided by the Substitutive Enforcement and Penalty Payment Act is 32,000 euros.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

Chapter 8 LIABILITY  

§ 67.  Failure to submit material collected in course of geological investigation or geological exploration

(1) Failure to submit material collected in the course of a geological investigation or geological exploration
is punishable by a fine of up to 150 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 1600 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 671.  Unlawful conducting of geological investigation or geological exploration

(1) Conducting of a geological investigation or geological exploration without a permit, if a permit is required, or in violation of the requirements of the permit
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 68.  Violation of restoration obligation of service plot of geological exploration area

(1) Failure to restore a service plot of a geological exploration area according to the requirements
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 681.  Unlawful use of excavated mineral raw material, mineral resources or earth's crust

(1) Use of mineral resources or other part of the earth's crust without a permit, if a permit is required, or in violation of the requirements of the permit, or transfer of excavated mineral raw material in violation of the requirements of the permit upon extraction or excavated mineral raw material remaining after construction, land improvement work or agricultural work or use thereof outside of the immovable without a consent of the Environmental Board, or transportation of mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves to another immovable of the same person without a consent of the Environmental Board, or transfer of overburden on mineral resources removed upon open-cast mining or use thereof outside of the mining claim without a consent of the Environmental Board
is punishable by a fine of up to 300 fine units.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 682.  Extraction without extraction permit

(1) Extraction of mineral resources or natural rock, sediments, liquid or gas not registered as mineral resources without a permit
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 32,000 euros.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

§ 683.  Exceeding of quantity of oil shale permitted to be extracted

(1) Exceeding of the quantity of oil shale permitted to be extracted
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 32,000 euros.
[RT I, 07.07.2015, 3 - entry into force 17.07.2015]

§ 69.  Violation of restoration obligation of disturbed land

(1) Failure to restore land disturbed by extraction according to the requirements
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 70.  Hindering geological investigation

(1) Hindering a geological investigation which is not prospecting
is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 640 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 71.  Violation of obligation to mark mining claim and mine service plot

(1) Failure to mark a mining claim or a mine service plot
is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 640 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 72.  Violation of soil protection requirements

(1) Violation of soil protection requirements
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 721.  Unlawful geological storage of carbon dioxide

(1) Geological storage of carbon dioxide in a total volume of 100 kilotons or more or geological storage of carbon dioxide in a total volume of less than 100 kilotons if the storage is not undertaken for research, development or testing of new products and processes
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I, 21.12.2011, 1 - entry into force 31.12.2011]

§ 73.  Proceedings

(1) [Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]
(2) The Environmental Inspectorate is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in §§ 67-72 of this Act and the rural municipality or city government is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in § 72 of this Act.

§ 74.  Compensation for damage to environment

(1) Within the meaning of this Act, damage is caused to the environment:
1) if the natural body of mineral resources or natural rock, sediments, liquid or gas not registered as mineral resources is extracted without a required permit;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
2) if mineral reserves are rendered unusable in the course of mining, unless this is necessary in order to protect human health or property or to reduce or prevent negative environmental impact;
3) if, as a result of termination of mining, mineral reserves are rendered unusable, except to the extent which is determined by the issuer of permits and which is necessary to reduce or prevent negative environmental impact;
4) if the earth's crust is used only for the extraction of the humus layer of soil;
5) upon pollution of the earth's crust;
6) if mineral reserves or natural rock, sediments, liquid or gas not registered as mineral reserves are transported to another immovable without the consent provided in subsection 59 (3), or if the excavated mineral raw material generated upon the erection of buildings or structures is transferred or used outside of the immovable without the consent provided in subsection 60 (3), or if overburden on mineral resources removed upon open-cast mining is transferred or used outside of the mining claim without the consent provided in subsection 611 (1) of this Act;
[RT I 2010, 44, 260 - entry into force 19.07.2010]
7) if mineral reserves are destroyed or become unusable in a fire broken out upon extraction;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
8) if the maximum annual rate of extraction of mineral resources permitted by the extraction permit, which is necessary for compliance with the environmental requirements, is exceeded during extraction;
[RT I 2008, 28, 183 - entry into force 13.07.2008]
9) if paludification of soil or damage to land or forest is caused by extraction.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(2) In the cases specified in clauses (1) 1)–3) and 6)–8) of this section, damage to the environment shall be calculated as tenfold rate of the environmental charge for the extracted mineral reserves or the mineral reserves equivalent to the mineral reserves rendered unusable.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(3) In the case specified in clause (1) 4) of this section, damage to the environment shall be calculated as ten times the highest price of the right to extract the mineral reserves.
(4) In the case specified in clauses (1) 5) and 9) of this section, damage to the environment is equal to the cost of rendering harmless of the polluted part of the earth's crust or elimination of the caused damage.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(41) Damage to the environment shall be compensated for by the person who has damaged the environment.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(5) Environmental damage shall be collected by the Environmental Inspectorate. Compensation for damage shall be transferred to the state budget.

Chapter 9 IMPLEMENTING PROVISIONS  

§ 75.  Implementation of Act

(1) Permits for geological investigation, exploration permits and extraction permits for mineral resources and exploration permits for earth material issued before the entry into force of this Act are valid until the date of expiry indicated therein or until revocation thereof. Permits for use of mineral resources and temporary permits for use of mineral resources issued before the entry into force of this Act are valid until 1 July 2005.
(2) The rules of law which were in force at the time of commencement of the proceedings apply to applications for permits for geological investigation, exploration permits and extraction permits for mineral resources and earth material, applications for the re-registration of permits for use of mineral resources and temporary permits for use of mineral resources which were accepted for processing before the entry into force of this Act.
(3) An extraction permit for mineral reserves shall be issued on the basis of an application for an extraction permit for earth material accepted for processing before the entry into force of this Act according to the provisions of this Act.
(4) The provisions of this Act apply to permits issued before the entry into force of this Act. Until entry of a body of natural rock, sediments, liquid or gas in the environmental register mineral deposits list, the requirements established for extraction permits for mineral resources apply to the extraction permits for earth material issued for removal thereof from the natural state, considering the extracted material as fill.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(5) Upon application of §§ 5, 9, 12, 25, 34, 40 and 61 of this Act until 1 July 2005, the state register of mineral resources established pursuant to § 7 of the Earth's Crust Act which was in force before the entry into force of this Act shall perform the functions of the environmental register.
(6) The processing of applications for extraction permits for oil shale submitted to the Ministry of the Environment before entry into force of this subsection shall be suspended until the national development plan for utilisation of oil shale is approved.
[RT I 2006, 14, 109 - entry into force 28.03.2006]
(7) Subsection (6) of this section and clause 34 (1) 17) of this Act do not apply to the applications for permits, upon the processing of which environmental impact assessment was conducted before entry into force of subsection (6) of this section and concerning which the Commission of Estonian Mineral Resources has made a proposal on granting a permit. Upon issuing a permit, the maximum permitted annual rate of extraction set in the application shall be entered on the permit.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(8) The wording of subsection 28 (4) of this Act which was passed on 11 June 2008 also applies to the applications for permits for geological investigation or exploration permits submitted to the issuer of permits before entry into force of this Act.
[RT I 2008, 28, 183 - entry into force 13.07.2008]
(9) Clause 42 (1) 7) and subsection 42 (3) of this Act apply to the extraction permits for oil shale effective at the time of entry into force of this subsection or applied for before entry into force of this subsection if the agreement provided in subsection 26 (51) has not been entered into within three months after entry into force of this subsection.
[RT I 2008, 48, 267 - entry into force 23.11.2008]
(10) The requirements established for the mining waste management plan apply to the permits issued before entry into force of this subsection as of 1 May 2012.
[RT I 2010, 44, 260 - entry into force 19.07.2010]
(11) The calculation of the unextracted quantity of oil shale remaining from the annual oil shale extraction rate commences on 1 January 2009.
[RT I, 07.07.2015, 3 - entry into force 17.07.2015]
§ 76. – § 82. [Omitted from this text.]

§ 83.  Entry into force of Act

(1) This Act enters into force on 1 April 2005.
(2) Clauses 34 (1) 17) and 18) and subsections 34 (3) and 75 (6) of this Act enter into force on the day following the date of publication in the Riigi Teataja.
[RT I 2006, 14, 109 - entry into force 28.03.2006]

1Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC (OJ L 102, 11.4.2006, p. 15–34); Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114–135). [RT I, 21.12.2011, 1 - entry into force 31.12.2011]
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