Law Amending The Law On Mineral Resources

Original Language Title: Закон за изменение и допълнение на Закона за подземните богатства

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15388/

Name of law
Law amending the Law on Mineral Resources




Name Bill
Bill amending the Law on Mineral Resources





Date of adoption
09/07/2015



Number / year Official Gazette
56/2015







DECREE № 138
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Mineral Resources adopted by HLIІI National Assembly on July 9, 2015 || | Released in Sofia on July 21, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on Mineral Resources (prom. SG. 23 of 1999 .; amend., SG. 28 of 2000 pcs. 108 of 2001, pcs. 47 2002 SG. 86 of 2003, pcs. 28 and 94, 2005, pcs. 30, 36 and 37, 2006, issue. 55 2007, No. 70 of 2008, pcs. 19 and 82 in 2009, pcs. 46, 61 and 100 in 2010, pcs. 19 of 2011, pcs. 14 and 45 of 2012 ., No. 66 of 2013, pcs. 98 2014 SG. 14 of 2015)
§ 1. In art. 1, para. 1, p. 3, 'the extraction and primary processing "are replaced by" harvesting, primary processing and storage. "
§ 2. Article 22 is amended as follows:
"Art. 22a. (1) The management of mining waste is based on the approved by the Minister of Energy Management Plan of mining waste, including measures necessary to prevent, reduce or limit their negative impact on the components of the environment, human safety and human health.
(2) The measures under par. 1 are based on the best available techniques, taking into account the technical characteristics of the mining waste facility, its geographical location and the local environmental conditions.
(3) The plan for the management of mining waste is drawn up according to the principle of sustainable development.
(4) The plan for management of mining waste aims:
1. prevent or reduce the formation of mining waste and its harmfulness, taking into account:
a) the management of mining waste in the design and choice of technology for the extraction and primary processing of mineral resources;
B) changes that mining waste may undergo in increasing their surface area and exposure to conditions above ground;
C) the return of mining waste back into the exhaust spaces, to the extent technically feasible, economically viable and environmentally friendly accordance with regulatory requirements for its preservation;
D) returning the topsoil after the closure of the mining waste facility or if that is not practicable - reusing topsoil elsewhere;
E) the use of substances with a low risk in primary processing of mineral resources in accordance with the requirement of Art. 87, para. 2 pt. 4;
2. utilization of mining waste through recycling, reuse or use for specific purposes, as far as environmentally friendly accordance with regulatory requirements for its preservation; 3
. ensure the safe disposal of mining waste by anticipating the projects under Art. 82 and implementation of activities and events for construction, operation and closure of mining waste facilities in accordance with the management plan of mining waste:
a) that provide minimum and if possible - then no monitoring, control and management already closed facility mining waste;
B) the implementation of which leads to prevent or minimize long-term negative impacts on the environment and human health;
C) the implementation of which ensures long-term geotechnical stability of surface mining waste facilities.
(5) mining waste ceases to be such after undergoing a process of recovery which is necessary to fulfill the following conditions:
1. their use for specific purposes available accepted practice;
2. for them there is a market or demand; 3
. meet the technical requirements for the specific purposes and complies with the regulations and standards applicable to them;
4. their use does not lead to negative impacts on the environment or human health. "
§ 3. In art. 22b are made the following amendments:
1. In para. 1 in the text before item. 1 after the words "classified" insert "in an order determined in accordance with Art. 22K, according to the codes in Annex № 1 to the Decree № 2 of 23 July 2014 on waste classification (SG. 66 of 2014) "and the words" environment "shall be replaced with" environment and / or ".

2. In para. 2 words "landfill, called" be replaced with "in" and the words "environment" shall be replaced with "environment and / or". 3
. In para. 4:
a) Section 1 is amended as follows:
"1. Facilities "category" A "are mining waste facilities which, due to unforeseen circumstances or mismanagement may lead to a major accident, or those which are landfilled hazardous waste under par. 1 pt. 3 above the threshold or that contain hazardous substances or mixtures within the meaning of the Protection from harmful effects of chemical substances and mixtures beyond permissible limits; "
b) in item. 2 the words" Category B "- all "are replaced by" category "B" are all ".
4. In para. 5 after the words "category of the facility" is added "mining waste" word "means" is replaced with "by" words "and" shall be deleted and finally added "of its current and future size and its location" .
5. Create a new paragraph. 7 and 8:
"(7) Upon surrender of mining waste in the exhaust space reclamation and construction purposes, whether generated from surface or underground extraction, take appropriate measures:
1. ensuring stability of mining waste in accordance with Art. 22i para. 1;
2. preventing pollution of soil and surface and groundwater in accordance with the ordinance of art. 22K; 3
. ensure monitoring of mining waste and exhaust spaces in accordance with Art. 22l, para. 3 and 4.
(8) When filling the exhaust spaces using other than waste mining waste, the Law on Environmental Protection, the Law on waste management and regulations for their implementation. "
§ 4. In art. 22c is amended as follows:
1. In para. 2 words "under Art. 22a para. 2 "are deleted and the words" approved by the Minister of Energy or by an authorized officer "is replaced by" approved ".
2. Paragraphs 4, 5 and 6 are amended as follows:
"(4) The persons under par. 1, in the case of awarding a contract, and those under par. 3 are operators of mining waste facilities.
(5) In order to verify compliance with the conditions of the permit and the plan for management of mining waste, provide summary information on mining waste and reporting the status of the mining waste facility operators provide annually by March 31 the Minister of Energy report prepared in accordance with the requirements of the ordinance under Art. 22K, which must include the results and conclusions of ongoing self-monitoring.
(6) After the closing, reclamation of affected lands and subsequent monitoring of mining waste facilities mining waste are transmitted to the governor of the province, whose territory is located. "
§ 5. In art. 22r be made the following amendments:
1. A new paragraph. 1:
"(1) Any activity giving rise to mining waste is carried out only with approved management plan for mining waste."
2. Former para. 1 becomes para. 2 and the words "by the Minister of Energy or by an authorized officer" shall be deleted and finally added "of mining waste". 3
. Former para. 2 becomes para. 3 and in it the word "all" is deleted, the word "approved" is replaced by "approved" and then the word "management" is added "of mining waste".
4. Former para. 3 becomes para. 4 and is amended as follows:
"(4) Where the investment proposal for the activities giving rise to mining waste is subject to the procedure under Chapter Six of the Law on Environmental Protection in the project proposal must include the proposal for management of mining waste. "
5. Former para. 4 becomes para. 5 and is amended as follows:
"(5) The plan for management of mining waste drawn up by the operator as required by the ordinance under Art. 22K and contains at least:
1. reasoned proposal for the category of the facility under Art. 22b para. 4 and:
a) facility category "A" - developed policy to prevent major accidents, system safety management and internal emergency plan;
B) facility category "B" - a report on the risk assessment on the ground that the facility should not be defined as "A" category, as well as identification of possible accident hazards;
2. characteristics and estimated quantity of mining waste that will be generated during the exploration, extraction, primary processing and storage of mineral resources; 3
. description of the activity giving rise to mining waste, and any subsequent treatment to which it is subject;
4. a description of the possible risks to the environment and human health, and preventive measures to minimize environmental impact during operation and after closure of the mining waste facility, including for meeting the requirements of Art. 22i para. 1, p. 1-4, 6 and 7;

5. procedures for control and monitoring of performance art. 22b para. 7 and 8 and the applicable requirements of Art. 22i para. 1, p. 5;
6. plan to close the facility, providing reclamation of land affected by the facility after closing procedures and monitoring in accordance with Art. 22l;
7. measures to prevent deterioration of water in accordance with Art. 118 of the Water Act and to prevent and minimize pollution of air and soil in accordance with the requirements of the ordinance under Art. 22K;
8. information and a description of how selected technologies for extraction and primary processing of mineral resources to achieve the objectives of art. 22a para. 4, ie. 1. "
6. Created al. 6, 7, 8, 9, 10, 11 and 12:
"(6) The plan for the management of mine waste tailings with cyanide presence of the operator proposes measures to reduce the concentration of weak acid dissociable cyanide using the best available techniques to the lowest possible level, but no higher than 10 mg / kg. For tailings commissioned to May 1, 2008, the concentration is reduced gradually, not exceed 50 mg / kg of May 1, 2008, 25 mg / kg of 1 May 2013 and 10 mg / kg of May 1 2018 at the request of the Minister of energy operator shall submit a report on the risk assessment tailored to the specific conditions of the extraction site by proving that those concentration limits need not be weakened further.
(7) Together with the management plan of mining waste operator shall submit to the Minister of Energy and:
1. enacted EIA issued under Chapter Six of the Law on Environmental Protection, or decision is deemed not to carry out an EIA that contain motifs that the management of mining waste is not contrary to the plans and programs waste management Act waste management;
2. documents certifying the qualifications, knowledge and technical abilities to perform management activities that become an integral part of the management plan for mining waste after its approval; 3
. a training program for staff that becomes an integral part of the management plan for mining waste after its approval and implementation of which is recorded simultaneously with the implementation of the plan in accordance with Art. 22c. 5;
4. contract under Art. 22c. 3.
(8) If the facility is in category 'B' documents under par. 5 and 7 shall be considered by the Minister of Energy or by an authorized officer within 30 days and if there are gaps or information is insufficient, the candidate is given a deadline for their removal or documents shall be returned to remove irregularities with mandatory instructions.
(9) Within two months after the removal of gaps under par. 8 or re-submission of documents under par. 5 and 7 Energy Minister or a person authorized by him shall approve or reasonably refuse to approve the plan for management of mining waste.
(10) Energy Minister or a person authorized by him shall approve the management plan for mining waste when:
1. the operator has met the requirements under par. 5 and 7;
2. management of mining waste is not contrary to the plans and programs for waste management under the Waste Management attested by documents under par. 7, p. 1 issued by the competent authority.
(11) The plan for management of mining waste are reviewed every five years or when:
1. there have been significant changes in the operation of the mining waste facility concerning its structure, in qualitative composition or quantity of mining waste;
2. It received a proposal by amending the approved plan; 3
. results of inspections Energy Minister or an authorized officer in the execution of the approved plan require;
4. monitoring results require;
5. They have been significant changes in the best available techniques.
(12) The procedure for the development and revision of the management plan of mining waste is determined in accordance with Art. 22K. "
§ 6. Article 22e is amended as follows:
" Art. 22e. (1) When the facility is in category 'A', the operator shall submit an application form to the Minister of Energy for a permit for management of mining waste stored in the facility category "A". The application shall be:
1. documents certifying the identity of the applicant - for individuals;
2. a document certifying that the applicant has the right to prospecting or exploration, or mining, or authorized by a person holding such rights;
3
. proposed location of the facility and other alternative location, reflected a plan showing the surface and underground communications, water bodies, sanitary zones, buildings and other;
4. geological, hydrogeological, hydrological, hydro-chemical, morphological and seismic data for the area in which the facility will be located;
5. management plan for mining waste, prepared according to the requirements of Art. 22d;
6. Measures to prevent major accidents and emergency plan;
7. offer financial security of art. 22h;
8. evidence that the applicant has the necessary business skills, knowledge and technical capacity;
9. reasoned proposal for the duration of the authorization pursuant to Art. 22e, para. 1;
10. Declaration on data according to operators of commercial secret and should not be part of the public register of art. 22e, para. 6.
(2) application and the documents under par. 1 is considered within 30 days and if there are gaps or information is insufficient, the candidate is given a deadline for their removal or return to remove irregularities with mandatory instructions.
(3) After removing the gaps and / or supplement the information provided and no later than two months after the procedure Art. 22g Minister of Energy approves the management plan for mining waste under par. 1 pt. 5 and issue the permit or refuse motivated to approve the management plan of mining waste and to issue a permit.
(4) The Minister of Energy or a person authorized by him shall issue a permit for management of mining waste when:
1. the operator has met the requirements under par. 1;
2. management of mining waste is not contrary to the plans and programs for waste management under the Law on waste management, attested by a document under Art. 22d para. 7, p. 1 issued by the competent authority; 3
. Plan for Mine Waste Management identify major accident hazards and they will be taken into account in the design, construction, operation and maintenance, closure and subsequent monitoring of the mining waste facility in order to prevent such accidents and limit their negative impact on human health and / or the environment, including any transboundary impacts. "
§ 7. Article 22e is amended as follows:
" Art. 22f. (1) The permit under Art. 22e, para. 3 is determined by the Minister of Energy on a reasoned proposal by the operator of the mining waste facility.
(2) The authorization shall be reviewed every five years or when:
1. there have been significant changes in the operation of the mining waste facility concerning its structure, in qualitative composition or quantity of mining waste;
2. It received a proposal by amending the approved plan; 3
. results of inspections Energy Minister or an authorized officer in the execution of the approved plan require;
4. monitoring results require;
5. They have been significant changes in the best available techniques.
(3) Upon review of the authorization Energy Minister or a person authorized by him shall assess the need to amend the conditions of the permit or updating them.
(4) An authorization and its amendments shall be announced by publication on the website of the Ministry of Energy within 14 days from the date of issue in the case of transboundary impacts are sent and Member - States of the European Union affected by the activities of the mining waste facility. In the same period is notified in writing and the applicant.
(5) Interested parties may appeal issued permit or its amendments to the Administrative Procedure Code within 14 days from disclosure under par. 4.
(6) The Minister of Energy maintains a public register of operators and issued under Art. 22e, para. 3 permits. "
§ 8. Article 22g is amended as follows:
" Art. 22g. (1) Not later than 10 days after removal of the irregularities or supplement the information provided in Art. 22e, para. 1 Minister of Energy notify the public by posting on the website of the Ministry of Energy information:
1. the application for a permit;
2. that the decision concerning an application for a permit is subject to consultation between the countries - members of the European Union - in the event of a possible cross-border effects;
3
. the competent authority responsible for taking the decision, the names, position and way to connect with people, which can be obtained information related to the submitted application for authorization, the names, position and way to contact persons who can give opinions, comments and questions, and a timetable for their submission;
4. for possible solutions;
5. the grounds for review - in the case of a review of a permit or of its terms;
6. for times and places, and the means to provide additional information during the procedure;
7. conditions for participation of the public concerned in the procedure of issuing the permit.
(2) The information published under par. 1 shall not contain personal data and / or data that the operator has indicated that it constitutes a trade secret.
(3) The terms under par. 1, p. 6 should be sufficient, but not less than 30 days and no longer than 90 days to allow the affected public to get acquainted with any information that became available after the notification under par. 1, which is relevant for issuing the permit, including the comments received, comments and questions al. 1 pt. 3 and results of the consultations under par. 4.
(4) If potential mining waste facility in Category "A", which is an open procedure for the authorization, to cause significant environmental impacts, including one that creates a risk to human health in another Member - State of the Union Minister of energy shall forward the information under par. 1 to 10 days after removal of the irregularities or supplement the information provided in Art. 22e, para. 1 and consultation with the Member State concerned. The information under par. 1 is provided to the state - member of the European Union for consultation and to request on her part.
(5) The opinions, comments and questions under par. 1, p. 3, and the results of the consultations under par. 4 taken into account when granting the permit or its amendment. "
§ 9. In art. 22h be made the following amendments:
1. Paragraphs 2 and 3 are amended as follows:
"(2) The financial collateral under par. 1 must cover the full amount of funds needed for:
1. performance of obligations of the operator under the permit and plan for management of mining waste, including reclamation of affected lands and the time after the closure of the facility at the time of providing security are not met;
2. implementation of measures on the internal emergency plan in the event of any failure of the mining waste facility.
(3) The amount shall be determined according to the ordinance under Art. 22K according to the likely impact of the facility on the environment, characteristic of mining waste and the future use of reclaimed land. The amount of collateral should be sufficient to cover the cost of necessary repair work in case they need to be prescribed by the Minister of Energy to a third party. "
2. Paragraph 5 shall be amended as follows:
"(5) The amount of the collateral is adjusted periodically according to the action plan for the management of mining waste, which remains to be fulfilled by the operator, a change made after acceptance of implemented activities provided for in plan, under conditions and procedures specified by the ordinance under Art. 22K. "
Third. In para. 7 finally added "third parties".
§ 10. Article 22i is amended as follows:
"Art. 22i. (1) The construction of new or modification of an existing facility mining waste operator shall ensure that:
1. Deployment of the mining waste facility to the appropriate place according to the requirements of current legislation to protect human health, the environment and cultural values, and in accordance with geological, hydrological, hydrogeological, seismic and geotechnical factors;
2. design of mining waste facility so that it meets the short and long term conditions to prevent pollution of soil, air and groundwater and surface water, taking into account the requirements of the Water Act and implementing regulations his, and ensuring efficient collection of contaminated water and leachate; 3
. reducing erosion caused by water or wind as far as technically possible and economically justified - when required by the permit;
4. proper construction, management and maintenance of the mining waste facility to ensure its physical stability and to prevent short-term and long-term pollution of soil, air or surface water and groundwater, as well as to minimize as far as possible, damage to landscape;

5. appropriate plans and organization of regular monitoring and inspection of the mining waste facility by competent persons and for taking action in the event of signs of instability facility or contamination of water or soil;
6. necessary arrangements for subsequent reclamation of land affected by mining waste facility, and the closure of this facility;
7. necessary arrangements to implement the obligations under Art. 22l, para. 3 - 5.
(2) The reclamation of land affected by mining waste facility comprises a complex of engineering, reclamation, agricultural, forestry and other activities, the implementation of which leads to the restoration of damaged areas to satisfactory condition more particularly in terms of soil quality, wild life, natural habitats, freshwater systems, landscape and appropriate beneficial uses.
(3) The results of the monitoring and inspection under par. 1 pt. 5 is drawn up. The minutes shall be kept by the operator, which annually presents a copy to the Minister of Energy, at the request - and other bodies. In the event of a change of operator records are transferred responsible for the mining waste facility person. "
§ 11. Article 22K is amended as follows:
" Art. 22K. An ordinance of the Council of Ministers are determined:
1. specific requirements for the management of mining waste, construction, operation and closure of mining waste facilities, their technical supervision and monitoring;
2. and arrangements for characterization and classification of mining waste; 3
. terms and conditions for categorization of mining waste facilities;
4. requirements for development and procedure for revising the management plan of mining waste, and the procedure for review of permit mining waste facility in Category "A";
5. criteria for determining the amount of the financial security of art. 22h and arrangements for its performance, and to adjust the size;
6. procedures for inspection of mining waste facilities;
7. requirements to report under Art. 22c. 5;
8. terms and conditions for the closure of mining waste facilities. "
§ 12. In Part One, Chapter Eight creating art. 22l and 22 meters:
"Art. 22l. (1) Procedure on closure of mining waste facility could begin:
1. after a consistent overall design work of art. 83 in its part concerning the construction and operation of mining waste facility;
2. at the request of the operator in consultation with the Minister of Energy; 3
. a reasoned order of the Minister of Energy.
(2) Gear mining waste can be considered as finally closed when:
1. the operator has notified in writing the Minister of Energy that it has fulfilled the obligations provided for in the overall design work of art. 83 in its part concerning the construction, operation and closure of the mining waste facility and its obligations under existing legislation on environmental protection, agricultural lands and forests and cultural values, and
2. Energy Minister within three months of notification under p. 1 performed a final site inspection by an order determined by the ordinance under Art. 22K, assessed all the reports submitted by the operator is found on site and / or provided by the operator or other controlling body of art. 90 documents that the land affected by mining waste facility has been reclaimed in accordance with Art. 22i para. 2 and communicated to the operator its approval for the closure.
(3) After the closure of the mining waste facility operator is responsible for its maintenance, monitoring and control, and the implementation of measures in case of emergency for a period specified by the Minister of Energy. The term is defined in the proposal of the Minister of Environment and Water according to the current report on risk assessment, taking into account the nature and duration of the danger to human health and / or the environment.
(4) After the closure of the mining waste facility within the period under par. 3 operator must control the physical and chemical stability of the facility and to conduct any other activities necessary to minimize any possible negative impact on the environment and in particular on the status of surface and groundwater in accordance with the requirements of the Water Act as: | || 1. monitor the facility undertaken by developed and maintained in good control and measuring system;
2. It keeps intact the existing draining, drainage, safety and other necessary equipment and provides conductivity of available overflow channels and spillways.
(5) The provisions of Art. 22 m para. 1-4 apply to the time after the closing of the mining waste facility.

(6) Should be authorized to explore for or be granted concession for extraction of underground resources under Art. 2 para. 1, p. 7 area, including all or part of the indoor facility for mining waste, the operator is released from its obligations under par. 1-5, as well as art. 22 m and their implementation shall be borne by the holder of the exploration permit or the concessionaire.
Art. 22 m. (1) In the event of a major accident, the operator immediately provides the Minister of Energy and the Minister of Environment and Water, all the information necessary to assess and maximum limit occurring or likely negative impact on the environment and minimize negative impacts on human health.
(2) In case of an accident affecting facility category "A", which is likely to cause transboundary effects, Minister of Energy notifies the local community and of the Member - State of the European Union, the information under par. 1.
(3) The operator shall notify the Minister of Energy and Minister of Environment and Water immediately and in writing no later than 48 hours:
1. any event which is likely to affect the stability of the mining waste facility;
2. any impact on the environment established in the procedures for control and monitoring of the mining waste facility; each year until May 15, the Minister of Environment and Waters provides the Minister of Energy list of events reported in the period from 1 May of the previous year to 30 April of the current year, having been found impact on the environment and human health, and of prescription.
(4) In the cases under par. 1, where applicable, the operator of a facility category "A" put into effect an internal emergency plan and execute other instructions from the competent authority regarding the measures to be taken and bear the costs of their implementation.
(5) The Minister of Energy shall establish, publish and maintain the website of the ministry updated list of closed mining waste facilities, including abandoned that cause serious negative environmental impacts or likely in the medium or short plan to become a serious threat to human health or the environment.
(6) The Minister of Energy shall establish and publish on the ministry's updated list of all events affecting the stability of mining waste facilities which had an impact on the environment. "
§ 13. In art. 44, para. 3, after the words "under Art. 43, para. 3 "insert" and minimum requirements for technical and financial capacity of applicants. "
§ 14. In art. 45 made the following amendments:
1. A new paragraph. 4:
"(4) If a concession for mineral resources under Art. 2 para. 1, p. 3 in the continental shelf and the exclusive economic zone of the Republic of Bulgaria in the Black Sea with the decision under par. 3, the minimum requirements for technical and financial capacity of applicants. "
2. Former para. 4, 5 and 6 become par. 5, 6 and 7.
§ 15. In art. 46, para. 2 created item. 8:
"8. evidence of the requisite technical and financial capacity - for granting authorization for prospecting or exploration or concession for mineral resources under Art. 2 para. 1, p. 3 in the continental shelf and the exclusive economic zone of the Republic of Bulgaria in the Black Sea. "
§ 16. In art. 53, para. 5 is a second sentence: "In the event that within the period under sentence not be contracted, the authorization loses legal action unless the failure to conclude a contract due to objective reasons."
§ 17. In art. 54 is amended as follows:
1. In para. 1 p. 6 is repealed.
2. In para. 4 the words "of the application under par. 1 "is replaced by" of the opening of proceedings ".
§ 18. A Art. 54a:
"Art. 54a. Energy Minister may by order terminate proceedings concession at the written request of the holder of a certificate of commercial discovery. In these cases, the holder of a certificate of commercial discovery without compensation for expenses incurred by him. "
§ 19. Article 55 is amended as follows:
" Art. 55. (1) Within six months of the entry into force of the decision under Art. 54, para. 6 held talks and signed a concession contract.
(2) In the event that within the period under par. 1 shall not be contracted, the decision to grant a concession lose legal action unless the failure to conclude a contract due to objective reasons. "
§ 20. In art. 56 para. 1 created item. 6:

"6. applicant does not have the technical and financial capacity to carry out the work - in claim rights to underground resources under Art. 2 para. 1, p. 3 in the continental shelf and the exclusive economic zone of the Republic of Bulgaria in the Black Sea. "
§ 21. In art. 69, para. 1, p. 2 the words "safety and health of the population" be replaced with "public safety and human health."
§ 22. A Art. 77a:
"Art. 77a. Requirements to prevent accidents in prospecting, exploration and mining of art. 2 para. 1, p. 3 in the continental shelf and the exclusive economic zone of the Republic of Bulgaria in the Black Sea are determined by an ordinance of the Council of Ministers. "
§ 23. Article 90 is amended as follows:
" Art. 90. (1) The Minister of Energy implemented comprehensive control:
1. Protection of subsurface through rational use of mineral resources;
2. the content and implementation of the overall and annual work projects for prospecting, exploration, extraction and primary processing of mineral resources, permits and plans for management of mining waste and projects for conservation, liquidation and reclamation; 3
. the execution of contracts for prospecting or exploration or concession contracts;
4. of carrying out prospecting, exploration or mining:
a) without authorization or concession;
B) to permit or concession, whose action is stopped in accordance with Art. 68 or to the contract.
(2) The Minister of Environment and Water supervise the activities under the granted permits for prospecting and exploration and mining concessions granted on operating and closed mining waste facilities, including abandoned on the implementation of terms of decisions, permits and opinions issued under the terms and conditions of the legislation on environmental protection. The control is carried out as and to the extent provided in chapter nine of the Law on Environmental Protection and the relevant provisions of the Protected Areas Act, Biodiversity Act, the Water Act and the Law on Waste Management.
(3) The Minister of Labour and Social Policy by the Executive Agency "General Labour Inspectorate" supervise the activities under the granted permits for prospecting and exploration and extraction concessions in terms of health and safety at work.
(4) The Minister of Culture supervise the activities provided permits for prospecting and exploration and extraction concessions on acting and closed mining waste facilities when prejudice cultural values.
(5) The mayor of the municipality exercise control over the execution of prospecting, exploration or mining:
1. without authorization or concession;
2. permission or concession, whose action is stopped in accordance with Art. 68 or to the contract.
(6) The authorities under par. 1-5 may entrust the implementation of control activities of officials of the Administration. "
§ 24. In art. 94 is amended as follows:
1. In para. 1 the word "disposal" is replaced by "management actions including, but not limited to disposal, processing, use and disposal", the words "Art. 22d para. 2 "are replaced with" Art. 22e, para. 3 "and the words" Art. 22e "are replaced by" Art. 22d para. 5 ".
2. In para. 2 words "Art. 22f and / or approved "is replaced with" Art. 22e, para. 3 and / or approved "and the words" Art. 22e "are replaced by" Art. 22d para. 5 ".
§ 25. § 1 of the additional provisions be made the following amendments:
1. Points 23 and 24 are amended as follows:
"23. "Primary processing" or "processing" are mechanical, physical, biological, thermal or chemical process or combination of processes carried out on the extracted mineral resources with the aim of extracting useful components, including changes in the size, classification, separation, filtration and leaching as and re-treatment of waste already disposed excluding smelting, thermal manufacturing processes (without production of quicklime) and all metallurgical processes;

24. "Mining waste" means waste - a direct result of activities in exploration, mining, primary processing and storage of mineral resources, including surface and underground mining, including drilling or processing of the extracted material, regardless of their owner or holder and from the moment they are generated; not mining waste waste that are not a direct result of activities in exploration, mining, primary processing and storage of mineral resources, waste generated in research activities, extraction and primary processing of mineral resources in the continental shelf and the exclusive economic zone Republic of Bulgaria in the Black Sea, and the waters that are injected and / or re-injected into the subsurface, which require a permit under Art. 118a para. 7 and par. 9 pt. 1 of the Water Act. "
2. A t. 24a:
"24a. "Utilization of mining waste" means any activity which the principal result of the waste serving a useful purpose instead of other materials that would be used for the implementation of a function when it is environmentally friendly in accordance with the Law on Environmental environment and regulations for its implementation and the provisions of this Act. " 3
. In item. 25 is a second sentence: "exploratory operations do not include activities upstream development or those directly linked to mining."
4. In t. 38, the words "safety and health of the population" be replaced with "public safety and human health."
5. In t. 39, the words "safety and health of the population" be replaced with "public safety and human health."
6. Section 40 is amended as follows:
"40. "Mining waste facility" means any area - dump, tailings (shlamohranilishte) or other intended for collection or disposal of mining waste in solid or liquid phase, in solution or suspension, for the following time period:
a) unlimited - for equipment of category "a" and facilities for waste characterized as hazardous in the plan for waste management;
B) over six months - for facilities for hazardous waste generated unexpectedly;
C) over one year - for facilities for non-hazardous, non-inert waste;
D) over three years - for facilities for unpolluted soil, non-hazardous waste from research, waste from the extraction, processing and storage of peat and inert waste.
Facility mining waste includes any dam / dam or other structure serving to contain, retain, confine or otherwise support facility; ".
7. Created so. 40a, 40b and 40c:
"40a. "Tailings (shlamohranilishte)" is a natural or engineered facility for disposing of fine-grained waste along with varying amounts of free water, resulting from the processing of mineral resources and from the clearing and recycling of process water;
40b. "Dump (dump)" is engineered facility for storage of solid mine waste on the surface of the earth;
40c. "Dam / dam" is an engineered structure designed to retain or confine water and / or waste in a facility for mining waste. "
8. In item. 43 is a second sentence: "The total content of leachate and pollutants in the waste and ecotoxicity of the leachate must be insignificant, it does not endanger the quality of surface and / or groundwater."
9. A t. 43a:
"43a. "Leachate" means any liquid percolating through the deposited mine waste and emitted from or contained within a facility mining waste, including polluted drainage, which may adversely affect the environment if not treated properly. "
10. Section 45 is amended as follows:
"45. "Hazardous waste" are mining waste which displays one or more hazardous properties listed in Annex № 3 to the Law on waste management. "
11. In item. 47 words "health and" be replaced by "health and / or".
12. In item. 48 the words "Art. 5a "are replaced by" Art. 90, para. 2 ", the word" negative "is replaced by" negative "and the words" health and "be replaced by" or health. "
13. Section 49 is amended as follows:
"49. "Affected public" are physically and / or legal entities, their associations, organizations or associations that are affected are likely to be affected or have an interest in making decisions under Part One, Chapter Eight, including non-governmental organizations promoting environmental protection and meeting the requirements of the Bulgarian legislation. "
14. Created t. 55 and 56:
"55. "Hazardous substance" means any substance or mixture which is dangerous within the meaning of § 1, p. 6 of the additional provisions of the Law on protection from the harmful effects of chemical substances and mixtures;
56. "Reclamation" is a concept within the meaning of § 1, p. 1 of the Supplementary Provisions of the Law on protection of agricultural land. "

§ 26. In the transitional and final provisions of the Law amending the Law on Mineral Resources (SG. 70 of 2008) § 89 is repealed.
Transitional and Final Provisions
§ 27. The Council of Ministers brought the ordinance of art. 22K and other regulations in accordance with the provisions of this Act within 6 months of its entry into force.
§ 28. (1) issued before the enactment of this Act and the amendments to the ordinance under Art. 22K permits and approved plans for the management of mining waste are applied as they do not contradict the law and the ordinance under Art. 22K.
(2) Energy Minister or an authorized officer brings permits management of mining waste in accordance with the provisions of this Act within 6 months from the entry into force of amendments to the ordinance under Art. 22K.
(3) Operators of mining waste brought approved plans for management of mining waste in accordance with the provisions of this Act within 6 months from the entry into force of amendments to the ordinance under Art. 22K.
§ 29. (1) Within three months of the entry into force of this Act the Minister of Energy shall notify in writing applicants for authorization for prospecting or exploration or concession for extraction, whose application will act in force a competent authority to confirm interest to grant the permit or concession.
(2) Within three months of the notification under par. 1 applicants for authorization for prospecting or exploration or concession for extraction confirm their interest in granting the permit or concession.
(3) Failure to acknowledge interest in the period under par. 2 is grounds for termination of the procedure.
§ 30. (1) Within three months of the entry into force of this Act the Minister of Energy shall notify in writing the persons who have been granted permission for prospecting or exploration or concession for extraction, but have not concluded a contract for confirming the interest in concluding.
(2) Within three months of the notification under par. 1 persons who have been granted permission for prospecting or exploration and concessions for extraction, confirmed his interest in signing a contract.
(3) For non-confirmation of interest in the period under par. 2 permit for prospecting or exploration or concession for extraction loses legal action.
§ 31. Control over the implementation of contracts signed February 24, 2015 contracts for prospecting or exploration and concession for extraction of underground resources including the representation of the State of lawsuits related to the implementation of these agreements are implemented by the Minister of Energy.
§ 32. This Act shall enter into force on the day of its promulgation in the "Official Gazette".
The law was adopted by the 43rd National Assembly on July 9, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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