Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to promote mining and to organise the use and prospecting of the areas required for it to be socially, economically and ecologically sustainable. The pursuit of the purpose of the law requires the protection of public and private interests, taking particular account of:
(1) conditions for the operation of mining activities;
(2) the legal status of property owners and private occupanies;
3) the impact on the environment and land use and the conservation of natural resources.
The aim of the law is also to safeguard the influence of municipalities and the ability of individuals to influence decision-making on themselves and on their environment.
In addition, the purpose of the law is to contribute to the safety of mines and to prevent, reduce and combat the damage and damage caused by the activities referred to in this Act and to ensure the liability of the applicant or the source of injury.
The activities referred to in this Act shall be coordinated by the Law on Sami (974/1995) So that the rights of the Sami people are protected as indigenous people. This coordination shall also take account of the provisions of the coin law (253/1995) Provides for the promotion of the living conditions and livelihoods of the colonists and regions, and the maintenance and promotion of haddock culture.
This law provides for the exploration and exploitation of deposits containing mining minerals, gold rinsing in the State-owned area and the cessation of activities and the mining operation.
For the purposes of this Mining minerals Are:
(1) elements of actinium, aluminium, arsenic, arsenic, barium, beryllium, boron, caesium, mercury, fluorine, gallium, germanium, hafnium, hafnium, iridium, cadmium, potassium, calcium, cobalt, chromium, gold, copper, lantanoids, lithium, lead, Magnesium, manganese, molybdenum, sodium, nickel, niobi, osmium, palladium, palladium, platinum, radium, iron, iron, renium, rubidium, ruthium, routenium, selenium, strontium, thallium, tellurium, tellurium, tin, titanium, torium, uranium, vanadium, Bismuth, tungsten, yttrium and zirconium and these elements Containing minerals;
2) mineral and landite, apathy, asbestos minerals, barytic, bauxite, bentonite, berylli, dolomite, dolomite, fluorite, graphite, granate, manifesto, calcium, kaolin, corundum, quartz, cyanite, chelitis, chitlins, Magnesite, nutmeg, nepheliine, olwine, pyrophyllite, ruthiol, sillimanite, scalp, talc, diamond, vermiculite, wollenite and other gems;
(3) stones marble and fjords.
This law shall also apply to the exploitation of materials belonging to the mining and soil of the mining area referred to in Article 19.
In addition to what is provided for by this law, the authorisation or otherwise of an authorisation under this Act and, otherwise, under this law, shall apply, inter alia, to the Nature Conservation Act. (1096/1996) , environmental protection law (177/2014) , wilderness (1999) , land use and building law (132/1999) , water law (197/2011) , reindeer-care law (188/1990) , radiation law (1892/1991) , nuclear energy (990/1987) , ancient memory law. (185/1963) , land-use law (1710/1995) And the dam safety law (494/2009) .
General guidance, monitoring and development of activities under this law are part of the Ministry of Employment and the Economy. The Agency shall act within the meaning of this Law As a mining authority .
The Mining Authority shall monitor compliance with this law and the other tasks provided for in this Act.
The powers of the State Council and the Mining Authority are laid down in Article 33.
For the purposes of this law:
(1) Prospecting Geological, geophysical and geochemical studies used to locate and investigate mining minerals, as well as sampling of the size and quality of the sample;
(2) By occurrence A mining minerals rich in bedrock which has a proven or potential economic value for mining activities;
(3) At the mine An open and underground quarry, where mining minerals are extracted, and infrastructure, equipment and equipment directly related to the extraction;
(4) Mining activities Extraction of mining minerals in the mine, transfer and withdrawal of associated stones, with immediate extraction of mining minerals necessary for the extraction and treatment of mining minerals and mining minerals Directly related preparatory and other support measures;
(5) Gold rinse, Prospecting, recovery and recovery of gold in soil;
(6) Environmental impact Direct and indirect effects on human health, living conditions and amenities, soil, water, air, climate, flora, fauna, flora, fauna, biodiversity, as defined in this Act, Community structure, buildings, landscape, urban fabric and cultural heritage.
The provisions of this Act concerning the property and the owner of the property shall apply:
(1) the sector and its owner;
(2) the common area and the common forest and their sub-area;
(3) the special benefit and its owner;
4) a common specific benefit and a member state.
In the case of State-owned property, the owner's voice shall be exercised by the authority or body responsible for managing the area.
For the purposes of this Law, it is based on the principle that:
(1) available expertise and, otherwise, sufficient conditions for the quality and scope of the action;
(2) there is sufficient clarity regarding the impact of the action and the potential for prevention and mitigation of damage and adverse effects;
(3) the safety of operations shall be taken by the necessary measures, taking into account technical progress;
4) as far as possible:
(a) prevent any damage and damage caused by the operation;
(b) the removal of harmful effects from the use or, where this is not possible, is replaced by the less harmful;
(c) prepare for the disruption and incident;
(5) the damage and damage caused by the operation are reimbursed.
Everyone has the right, in another area, to identify mining minerals, to carry out geological measurements and observations, and to take minor samples if the measures do not cause injury or minor damage or disturbance ( Search work ).
Search work must not be carried out on the ground:
(1) Funeral services (457/2003) Within the meaning of the cemetery and not within a private grave, or 50 metres closer to them;
(2) in the territory occupied by the armed forces or in an area controlled by the Border Guard, where movement is restricted or prohibited, or within 100 metres of such territory;
(3) in an area where movement is restricted or unauthorised access is prohibited;
(4) traffic and transport in general use;
(5) 150 metres closer to housing or to a building intended for work or other similar places and related, private courtyards or the place of such a building for which the land use and building law has been issued; The authorisation and construction of the intended construction has started;
(6) in the area occupied by the horticultural economy;
(7) 50 metres closer to the general building or installation, or to an electrical line or conversion station of more than 35 000 volts;
(8) Other 1-7 points in a specific area corresponding to the specific use.
However, search work may be carried out in the area referred to in paragraph 2 (2) to (8), with the consent of the competent authority or body, or the rightholder concerned.
Before starting the sampling referred to in Article 7, the person responsible for the search shall be informed in writing of the area in which the search is carried out ( Search area ) Belongs to the owner and holder of the property whose interest or right may be affected.
The notification shall include a contact details contact details, a search area information and a sampling plan. The plan shall include information on the means and methods to be used, the timing of sampling and the mining mineral subject to the investigation.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
The prospecting shall be authorised by the mining authority ( Prospecting authorisation ), if the prospecting cannot be carried out according to Article 7 as a search or property owner has not given its consent.
A prospecting licence shall also be valid if:
(1) prospecting may harm human health or public safety, harm other business activities or the deterioration of landscape or nature conservation values;
(2) prospecting is directed at locating and investigating the presence of uranium or thorium; or
(3) the authorisation is necessary in order to benefit from the advantage referred to in this Act.
Pursuant to Article 7 (2) and (3), the regional restrictions on prospecting shall apply mutatis mutandis.
In addition, for the purposes of prospecting, the consent of the competent authority or body or of the rightholder concerned in the case of a street or market within the meaning of the Land Use and Construction Act, (2006) For the road section of the road, in the air glass (1920/2009) Aerodine and other aeronautical area, in the cargo area (2006) Of a railway area, a network used for general transport or another transport area corresponding to a transport area, or an area situated within 30 metres, unless otherwise specified by the said or other law; The perimeter.
On the basis of a prospecting authorisation, the holder of the authorisation shall have the right to his or her own or other land within the meaning of the authorisation ( Ore search area ) To examine the structures and composition of geological formations and to carry out exploratory studies and other mining operations to locate the presence of the ore, and to determine its quality, scale and scope for recovery; As specified in the prospecting permit.
The holder of a prospecting authorisation shall be allowed to build or transfer the temporary structures and equipment necessary for the investigation into the ore prospecting area as specified in the prospecting permit.
A prospecting licence does not justify the exploitation of the deposit. Article 32 provides for the advantage of the holder of the authorisation.
A prospecting licence shall be without prejudice to the right of property owner to exercise or impose its territory, subject to paragraphs 1 or 2.
The holder of a prospecting authorisation shall limit the prospecting and other application of the ore prospecting area to the measures necessary for carrying out research. The measures shall be designed in such a way that they do not constitute a disproportionate breach of public or private interest.
The ore prospecting and other use of the ore search area under a prospecting licence shall not be caused by:
(1) harm human health or the risk to public safety;
(2) material injury to other business activities;
(3) significant changes in natural conditions;
(4) essential damage to rare or valuable natural deposits;
5) significant landscape damage.
The holder of a prospecting authorisation shall, in writing, inform the owners and other rightholders of the property belonging to the prospecting area in advance of all the off-road works which may cause injury or inconvenience, as well as temporary Structures.
In addition, the notification must be made in the Sami region of the Sami region for the purposes of reindeer husbanding, in particular for reindeer husbanding ( Special reindeer management area ) For the relevant fire brigades and the haddock area within the meaning of the coin bill to the village of haddock.
The holder of a prospecting authorisation shall inform the authorities of public interest in the field of off-road activities in accordance with the provisions of the prospecting permit.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
The holder of a prospecting authorisation shall be obliged to provide for the prevention, reduction of its harmfulness and the recovery or treatment of waste from soil and rock waste.
The holder of a prospecting authorisation shall draw up a waste management plan for extractive waste from the measures referred to in paragraph 1, which shall include information on the environment, soil and stone waste, waste facilities, effects on the environment, Measures for the prevention of pollution of the environment, the monitoring of activities and the cessation of activities. However, the waste management plan shall not be required if the holder of the authorisation has to draw up such an environmental protection law.
More detailed provisions on the objectives and content of the waste management plan for extractive waste can be adopted by a Council Regulation.
Each year the holder of a prospecting authorisation shall submit to the Mining Authority a report on the research carried out and the results thereof.
Details of the information to be provided in the report may be adopted by a Council Regulation.
When the prospecting permit has lapsed or withdrawn, the holder of the prospecting authorisation shall:
(1) immediately place the ore prospecting area in order to restore public security, remove the temporary structures and equipment, ensure the rehabilitation and clean-up of the area and bring the area into the natural state;
(2) Within six months, the mining authority shall be handed over to the Mining Authority a study report, a data file relating to research and a representative part of the purgatory.
The holder of the prospecting authorisation shall submit a written declaration to the Mining Authority, to the owners of properties belonging to the ore prospecting area and to the other right-holders when the measures referred to in paragraph 1 (1) have been completed.
In addition, the notification shall be made in the Sami region of the Sami region, in a special reindeer herding area, to the palishers concerned and to the village meeting of the kolts.
Paragraphs 1 to 3 shall not apply to an area for which the holder of a prospecting authorisation applies for an extension of a prospecting authorisation or a mining permit as provided for in Article 34. If the application for authorisation is rejected in whole or in part, the holder of the authorisation shall comply with the obligation referred to in paragraphs 1 to 3 within six months of the final decision rejecting the application.
More detailed provisions on the follow-up to the prospecting area and the notification procedure may be adopted by a Council regulation.
The creation of a mine and the pursuit of mining activities must be authorised ( Mining permit ).
Mining permission to take advantage of:
1) mining minerals in the mining area;
(2) organic and inorganic surface material, surplus stone and enrich, as a by-product in mining ( Mining By-product );
(3) other substances belonging to the rock and soil of the mining area in so far as their use is necessary for mining in the mining area.
In addition, the mining permit justifies prospecting in the mining area, according to the provisions of Article 11 and the mining permit.
The holder of a mining authorisation shall be obliged to ensure that:
(1) mining does not adversely affect human health or public safety;
(2) mining does not give rise to significant damage to the public or private interest or to the total cost of the mining activities, taking account of any unacceptable breach of public or private interest;
3) there is no apparent waste of mining minerals in mining and recovery;
(4) the possible future use of the mine and the presence of the mine and the work of the quarry shall not be compromised or impeded.
The holder of a mining authorisation shall be obliged to provide the Mining Authority with an annual report on the extent and results of the exploitation and to indicate if the mineral resources are substantially altered. Details of the information to be provided to the Mining Authority may be laid down by a Council Regulation.
Mining area Shall be a homogeneity and shall have a scale and shape in such a way as to meet the requirements of safety, the location of mining and mining technology. The mining area shall not be higher than that required for mining activities, taking into account the nature and extent of the occurrence in question.
The mine aid area An area adjacent to a mining area which is necessary for mining operations, which is necessary for roads, transport equipment, power or water lines, sewers, water treatment or sufficient depth in the surface of the earth; For the transport corridor.
The location of the area of the mining area and of the mine shall be so designed that, taking into account the total cost of the mining operation, they shall not be unduly affected by an avoidable public or private interest.
The State Council may grant the right to use the other area as a mining area ( Mining licence authorisation ).
Article 49 (2) provides for the granting of restricted use and other rights to another area belonging to another area.
The mining area and the mine area shall be used only for the purpose for which the use or other entitlement has been granted.
A mining authority's authorisation must be authorised by the Mining Authority ( Gold rinse permit ).
Under the authorisation authorisation, its holder ( Gold rind, ) Is the exclusive right in the area mentioned in the authorisation ( In the gold-based area ) In accordance with the provisions of the authorisation for gold:
1) search for and map gold in soil;
2) recover and utilise gold in the soil under the wash plant;
3) recover and utilise as a by-product of flushing, the platinum hips and precious and jewellery stones can be found.
The authorisation of gold shall be without prejudice to the right of property owner to exercise or impose its territory, subject to paragraph 1.
The gold-rind area shall be uniform and not more than five hectares.
The flowering shall be limited to the measures necessary for the right referred to in Article 23 (1).
There shall be no damage or damage to the operating needs of areas within the meaning of Article 11 (2) or other areas close to other areas within the meaning of Article 11 (2) or to any other use of the gold rind. Of a cultural heritage of historical value, and in their fields of origin.
The gold rink must be kept in such condition that it continues to comply with the safety requirements and does not result in adverse environmental effects.
Gold leaching shall be required to ensure the prevention of soil and mineral waste, its harmfulness and its recovery or disposal.
The content of the measures referred to in paragraph 1 shall be drawn up by the gold rink in accordance with the waste management plan for the extractive waste, in accordance with Article 13 and pursuant to Article 13.
Construction in the prospecting area is prohibited.
However, a building or a structure may be constructed in the gold-flushing area if it is demonstrated that it is necessary for the temporary stay and storage of the gold rink and not the authority responsible for the management of the area, or The institution objects to the construction for a reasoned reason. The building or structure must be small, light-built and easily transferable.
Where there is no obstacle within the meaning of paragraph 2, the location of the building or structure and the location of the construction site shall be determined by the Mining Authority in the context of the prospecting for gold. Where the building or structure is deemed necessary, the gold rinds shall be controlled by the building or construction site as required by Article 131 of the Land Use and Construction Act.
The authorisation and other conditions required for construction are laid down in land use and building law and elsewhere in law.
The plant shall be notified in writing to the authority or body responsible for the management of the area in advance of any of the off-road works which may cause injury or inconvenience.
In addition, the notification shall be made in the Sami region of the Sami region, in a special reindeer herding area, to the palishers concerned and to the village meeting of the kolts.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
Gold rinds shall be required each year to provide the mining authority with a report on the recovered gold and processed bulk and the construction of the gold-rind area and the rest of the region.
Details of the information to be provided in the report may be adopted by a Council Regulation.
When the gold rinsing permit has lapsed or withdrawn, the prospector shall immediately restore the gold-rind area to the state of public security, remove buildings and structures and equipment, ensure the rehabilitation of the area; and And bring the area to a state which is as natural and landscape as possible.
The gold rink shall submit a written notification to the Mining Authority and the authority or body responsible for the management of the territory when the measures referred to in paragraph 1 have been completed. However, the notification shall be made no later than one year after the expiry or withdrawal of the authorisation.
More detailed provisions on the ex-post measures and the notification procedure can be adopted by a Council regulation.
Upon receipt of the notification referred to in Article 29, the Mining Authority shall organise the final inspection, unless it is considered manifestly unnecessary. Where gold rinds fail to comply with that obligation, the Mining Authority may initiate a final inspection at the initiative of the Mining Authority.
The Mining Authority shall inform the authority or body responsible for the verification of the final inspection of the gold rind and the control of the site, as well as the Sami districts in the Sami area, in the haddock area, to the village meeting and the special In the reindeer herer region of the region.
The final inspection shall state whether the measures referred to in Article 29 (1) have been taken. An audit report shall be drawn up on the final inspection and shall indicate the conduct of the inspection and the findings of the inspection, as well as the points made in the main points.
More detailed provisions on the final inspection of the gold-plating area may be adopted by a Council Regulation.
Applications for a prospecting licence, a mining permit and a gold rink may be applied for under the law on the right to pursue a business (122/1919) Article 1 (1) or (2):
(1) the natural person, who is of legal age, is not bankrupt and whose viability is not (442/1999) Are not restricted;
2) legal persons.
In addition, under the conditions laid down in this Act, a State institution may apply for a prospecting permit.
An application for a mining licence shall be applied to the person applying for a mining permit for the exploitation of that deposits.
The privilege of a prospecting permit, a mining permit and a gold-flushing permit shall be the first to apply for authorisation as provided for in Article 34.
By way of derogation from paragraph 1, if a mining permit is applied for in the ore prospecting area, a mining permit shall be granted to the holder of the prospecting authorisation, provided that this makes an application for a mining permit as provided for in Article 34 before the application for a prospecting permit is lifted. Or withdrawal.
For the preparation of the application for a prospecting licence, the applicant may reserve an area by making a notification to the Mining Authority ( Warning notification ). The privilege of the notification shall be valid if the reservation is made in the manner provided for in Article 44 and is not an obstacle to the approval of the reservation. The privileges shall expire when a decision taken by the Mining Authority in response to a reservation ( Reservation decision ) Shall lapse or be withdrawn.
The Council of State shall decide on a mining permit and a mining permit for the production of uranium or thorium.
Mining declarations, prospecting permits and prospecting permits and other mining permits other than those referred to in paragraph 1 shall be settled by the Mining Authority.
An application for a prospecting licence, a mining permit and a prospecting authorisation shall be submitted to the licensing authority.
An application for authorisation shall include a statement which is necessary and reliable for the authorisation of the licence:
(1) the applicant and the applicant's conditions for pursuing an action based on the requested authorisation;
(2) the area covered by the application and its zoning situation, as well as restrictions on the use of the site and their consideration;
(3) those whose interests, rights or obligations may concern ( Party concerned );
(4) the conditions of operation:
(a) in particular, the preliminary assessment of the minerals in the area and the assessment on the basis of the application for a prospecting licence;
(b) in particular on the eligibility of the deposit in the case of a mining permit application;
(5) operational plans;
(6) the environmental and other effects of the operation, taking into account the nature and extent of the measures envisaged; however, the report shall not be required in so far as the required information is included in the environmental impact referred to in paragraph 3 (2). The evaluation report;
7. On the cessation of activities and related measures and ex post measures.
Applications for authorisation shall be accompanied by:
(1) the certificates, the registration products and the corresponding documents certifying the information contained in the application and taking into account the requirements laid down in the application;
(2) where appropriate, a report on the assessment referred to in Article 65 of the Nature Conservation Act and the Law on Environmental Impact Assessment (448/1994) The environmental impact assessment report;
(3) a summary of the information contained in the application and its annexes.
In addition, the application for a prospecting licence and a prospecting authorisation shall be accompanied by a waste management plan for the extractive waste, if the applicant is not obliged to do so under the Environmental Protection Act.
The application for a mining permit shall require limited use or other entitlement to the area covered by the mine. Where it is necessary to have the right to derogate from the prohibition on construction provided for in Article 26 (1), it shall be required for the application for a prospecting for gold.
More detailed provisions on the application for authorisation may be adopted by a Council Regulation.
An application for a mining licence shall be submitted to the Council of State.
The application for authorisation shall include details of the applicant, the area covered by the application and the owners and holders of the property belonging to the area.
The application for authorisation shall be accompanied by a necessary and reliable explanation of the fact that the mining area meets the conditions laid down and the mining project is required by the general need.
More detailed provisions on the application for a mining permit may be adopted by a Council Regulation.
The application for authorisation shall be supplemented by a management code (2003) Articles 22 and 33.
The licensing authority shall request an opinion on the application for a prospecting permit, a mining permit and a prospecting permit:
1) from the municipality in whose territory the activity is to be carried out on the basis of an application or where the environmental and other effects of the activity under authorisation may occur ( Activities Impact area );
(2) from the Centre for Enterprise, Transport and the Environment, in whose territory the environmental impact of the operation of the authorisation may occur;
(3) the authority or body responsible for managing the area;
(4) where appropriate, from other activities in the field of competence of the general interest and from the relevant regional union.
The licensing authority shall request an opinion on the application for a mining licence from the Municipality of the Region concerned, the province concerned and the Centre for Enterprise, Transport and the Environment.
In addition, the licensing authority shall obtain other relevant opinions and reports from the point of view of authorisation.
More detailed provisions on the application for authorisation may be issued by a Council Regulation.
The licensing authority shall, in cooperation with the Sami regions, find out, in cooperation with the Sami litigation, the region's palities, the authority responsible for the management of the region or the body and the applicant, a prospecting licence, a mining permit or a gold-flushing permit. To the right of the Sami people to maintain and develop their own language and culture and to consider the necessary measures to reduce and prevent harm. The following shall be taken into account:
(1) equivalent authorisations in the vicinity of the area referred to in the application;
(2) which are important areas for the right of the Sami to apply;
(3) other forms of access to the territory of the Sami people, in the area and in the vicinity of the application.
The provisions of paragraph 1 shall also apply to projects outside the territory of the Sami regions which are of considerable importance for the purposes of the right of the Sami to be indigenous.
The licensing authority shall request an opinion from the village of haddock, in order to clarify the impact on the livelihoods and living conditions of the coins. The referral procedure is provided for in Article 56 of the Code.
The licensing authority shall, in a specific reindeer-management area, establish, in cooperation with the palisees in the region, the harm caused by the authorisation to reindeer husbane.
In order to establish the case, the licensing authority may, where appropriate, arrange for an opportunity to be heard by the Sami council, the village meeting of the colonists, the Party Council, the relevant palities, the applicant, the authority responsible for managing the area, or Representatives of the institution, the municipality, the fishing zone and the co-forests. In addition, the obligation to negotiate is governed by Article 9 of the Law on Sami (Sami) and Article 53 of the reindeer-handling law.
The licensing authority shall, prior to the application for a prospecting permit, a mining permit, a gold rink and a mining permit, provide the parties with an opportunity to remind the parties of the authorisation.
Parties other than those concerned shall be given an opportunity to express their views on the prospecting licence, the mining permit and the authorisation of gold for gold.
A sufficient period of time shall be set for the submission of reminders and opinions.
The licensing authority shall provide information on the application for a prospecting permit, a mining permit and a gold-rinsing permit by alerting it to a minimum of 30 days on the notice board and on the notices of the municipalities concerned. The publication of an alert shall be published at least in one of the affected newspapers, unless the meaning of the case is of minor importance or otherwise manifestly unnecessary. It is otherwise provided for in the law on public alerts (34/1925) .
The alert shall be given separately to the interested parties concerned. Where an application has to be communicated to a known person more than thirty-one known, or when the number of persons is not known, it may be communicated in the form of a newspaper where the recipient may best be presumed Be informed.
Informed members of the common area shall be informed of the application by providing information on the application (18/08/1989) The representative referred to in Article 26 (4). In the absence of such a representative, the information shall be communicated to any shareholder and, in accordance with paragraph 1, shall be informed of the application in the newspaper.
More detailed provisions on matters to be included in the alert may be adopted by a Council Regulation.
The licensing authority shall provide separately information on the application for the mining licence to owners and holders of properties belonging to the mine area.
Where an application for an application must be notified to the unorganised subdivision of the common area, the provisions of Article 40 (3) on the application for information shall apply.
The applicant and other interested parties shall be given an opportunity to provide an explanation of the requirements and clarifications set out in the opinions and reminders which may affect the outcome of the case. As a result of the explanation, the parties must be given an opportunity to give an explanation if the explanation could affect the outcome of the explanation.
The application for a mining permit for the production of uranium or thorium, together with an application for authorisation in accordance with the Common Nuclear Energy Act, shall be considered together and shall be decided by the same decision. Furthermore, the authorisation procedure is laid down in Article 23 of the Nuclear Energy Act.
The notification shall be submitted to the Mining Authority. The notification shall provide a necessary and reliable explanation:
(1) spare time;
(2) the area covered by the reserve ( Reservation area );
3. On the preparation of the research plan and the other preparatory measures for the application for prospecting for prospecting, as well as their timetable.
The notification shall not cover an area which is part of a prospecting area, a mining area or an area of gold, or is located within one kilometre of an area closer to such an area, which belongs to a person other than the applicant under this law. Based on. In addition, the notification shall not extend to the area previously booked until the year has elapsed since the expiry of the reservation decision or cancellation.
More detailed provisions may be laid down in a Council regulation.
A prospecting licence, a mining permit and a gold rink permit shall be granted if the applicant demonstrates that the conditions laid down in this law are fulfilled and that there is no obstacle to the authorisation provided for in this Act. However, in spite of the barrier provided for in this Act, authorisation may be granted if it is possible to remove the barrier by means of authorisation or a reduction in the size of the area.
The prospecting licence and the prospecting permit shall not be granted:
(1) the territory referred to in Article 7 (2);
2) the territory referred to in Article 9 (4);
(3) three years after the expiry of the prospecting authorisation or cancellation of the prospecting authorisation;
(4) before three years have elapsed since the decision to end the mining operation has become final;
(5) a region which is part of a prospecting area, a mining area or a prospecting area or where a reservation is made in the manner provided for in Article 44;
(6) a region where the authorisation of the authorisation would make it more difficult to implement a formula;
(7) in respect of which the municipality opposes the granting of an authorisation for any other legitimate reason relating to the rollout or the use of the regions, unless there is a specific reason for the authorisation;
(8) where there are serious grounds for suspecting that, in view of the extent of the territory applied for, or for other reasons connected with the examination of the application, the applicant does not have the conditions or appears to be in possession of an authorisation, or the applicant is: In the past, in the event of failure to materially fail to comply with the obligations arising from this Act, account must be taken, in particular, of the planned nature of the negligence, their duration and their frequency and of the failure to act Amount of damage.
However, the prospecting authorisation and the prospecting authorisation may be granted to the territory referred to in paragraphs 1 to 4 in agreement with the competent authority or body, or with the consent of the rightholder concerned, but not Article 7 (2) (1) The area referred to in the paragraph. Furthermore, the granting of authorisation shall not be considered as an obstacle to housing or to any building or other condition which is for mining or gold extraction and is located in the mine area or in the gold-plating area.
A prospecting authorisation shall not be granted unless mining minerals can reasonably be estimated in the area.
The presentation shall be of a potential size, concentration and technical characteristics.
The mining area and the mine area shall not be located in an area for which, under Article 46 (1) (1) to (5), a prospecting permit or a gold-plating licence cannot be granted.
However, notwithstanding the obstacle referred to in Article 46 (1) (1) (1) to (4), the mining permit may be granted if:
(1) the conditions laid down in Article 46 (2) are met; or
(2) It is not otherwise possible to carry out a mining area in accordance with Article 19 and the area is not an area within the meaning of Article 7 (2) (1) or (2) or Article 9 (4).
The relationship between the mining area and the mine area should be clarified. Mining must be based on legal action under the Land Use and Building Act, or in view of the effects of mining activities, which should otherwise have been adequately clarified in cooperation with the municipality, the province of the province and the industry, Transport and the Agency. The legal effects of the formula are laid down in the Land Use and Construction Act.
A mining permit shall not be granted where there are serious grounds for suspecting that, for reasons which have arisen during the examination of the application, the applicant does not have the conditions or apparently the means to take care of the commenting of the mining activity, or the applicant has previously Essentially failed to fulfil its obligations under this law. In assessing the materiality of negligence, account shall be taken, in particular, of the planned nature of the negligence, their duration and their frequency and the amount of damage caused by the negligence.
Although the conditions for granting a mining permit are met and the granting of a permit is not an obstacle to the authorisation provided for in this Act, the authorisation shall not be granted if the mining operation poses a risk to public safety, causing significant damage An environmental impact or a significant deterioration in the living and living conditions of the locality, and no such risk or impact can be eliminated by the authorisation alone.
A mining licence may be granted if the mining project is required by the general need and the mining area meets the conditions laid down in Article 19. In particular, the need for a general need is assessed on the basis of the local and regional economic and employment effects of the mining project and the need for the supply of raw materials in society.
A mining permit may be granted for a limited use or other entitlement to a mine, provided that the rest of the law does not provide otherwise, and the aid area meets the conditions laid down in Article 19. The right can only be granted in so far as the location of the activities planned in the region cannot otherwise be provided satisfactorily and at a reasonable cost.
In the case of authorisation, account shall be taken of the provisions of Article 47 (2) and (3) concerning the mine area and the mine site as a condition for the granting of the mining permit.
A prospecting permit, a mining permit and a gold-plating permit shall not be granted if the authorised activities:
1), alone or in combination with other forms of authorisations or other forms of use of the corresponding authorisations, would substantially undermine the ability of the Sami region to engage in traditional Sami livelihoods or otherwise maintain and develop Sami culture;
(2) would significantly undermine the living conditions of the haddock and the possibility of living in a coltan area;
3) would cause significant damage to reindeer husbane in a particular reindeer herer area.
However, the authorisation may be granted, notwithstanding the obstacle referred to in paragraph 1, where it is possible to remove the barrier by a permit alone.
The ore search warrant shall provide for the location and limits of the ore search area.
In order to safeguard public and private interests, the prospecting authorisation shall provide the necessary provisions:
(1) the dates and methods of prospecting investigations and equipment and structures related to the prospecting;
(2) in order to reduce the damage caused to reindeer husbane in a special reindeer management area;
3) to ensure that the action provided for in the authorisation does not jeopardise the status of the Sami people as originating in the Sami region of the Sami region and the rights of the colonists in the Colts Area;
(4) the clearing obligation for research and results;
(5) the ex post measures and the date of the notification of the ex post measures;
(6) the waste management plan and compliance with the waste from extractive waste;
(7) the obligation to inform the public interest authority of the research activities in question;
(8) the timetable for reducing the size of the ore search area;
(9) security in accordance with Chapter 10;
(10) on other aspects of the prospecting and the use of the ore prospecting area to ensure that the operation does not result in any prohibited consequences of this law;
(11) other matters relating to the general and private interest and to the fulfilment of the conditions of the authorisation.
The mining permit shall specify the location and the boundaries of the mining area and the site of the mine, taking into account the provisions of Articles 19 and 47, and the content of the use and other specific rights of the mine. The authorising authority may carry out any changes in the area or area of the mine referred to in the application, taking into account the provisions of this Act, taking into account the provisions of this Act.
The mining permit shall set a deadline within which the holder of the mining permit shall undertake mining operations or any other preparatory work which indicates that the holder of the authorisation is seriously engaged in the mining operation. This period may not exceed 10 years of the validity of the authorisation.
The mining permit shall lay down the provisions necessary to safeguard public and private interests:
(1) in order to avoid or limit the adverse effects of mining activities and to ensure human health and public safety;
(2) measures to ensure that no apparent waste of mining minerals is carried out in mining or the possible future use of the mine is not jeopardised or impeded;
(3) the reporting obligation on the extent and results of the exploitation of the deposit;
(4) in order to reduce the harm caused to reindeer husbane in a special reindeer-management area;
(5) in order to ensure that the activities referred to in the authorisation do not jeopardise the status of the Sami as indigenous people in the Sami region of the Sami region and the rights of the colonists under the Fifth Code;
(6) a security related to the termination of mine operations in accordance with Chapter 10, as well as of other post-closure and post-closure obligations;
(7) the time limit for the submission of reports on the revision of the permit provisions;
(8) other aspects of the operation under the mining permit to ensure that the operation does not result in any prohibited effect of this law;
(9) other matters relating to the general and private interest and to the fulfilment of the conditions of the authorisation.
The mining licence authorisation shall indicate which assets are subject to redemption and shall specify the content of the right of use.
The authorisation shall provide for the location and the limits of the gold-flushing area.
In order to safeguard public and private interests, the licence shall provide the necessary provisions:
(1) the time and methods of the gold rush;
(2) maintenance of the gold-based area;
(3) in order to reduce the harm caused to reindeer husbane in a special reindeer-management area;
(4) in order to ensure that the activities referred to in the authorisation do not jeopardise the status of the Sami people in the region of origin of the Sami people and the rights of the colonists under the Fifth Code;
5. On the clearing obligation for prospecting;
(6) ex post measures;
(7) the waste management plan and compliance with the waste from extractive waste;
(8) security in accordance with Chapter 10;
(9) other matters concerning the use of gold flushing and the use of gold, in order to ensure that there is no prohibition on the operation of this law;
(10) other matters relating to the public and private interests and to the implementation of the conditions of authorisation.
The reserve shall be approved by the Mining Authority if the reservation declaration meets the conditions laid down in Article 44 and does not constitute an obstacle to the approval provided for in this Act.
However, the mining authority shall reject the reservation if there are serious grounds for suspecting that, due to the extent of the reservation area or other reasons, the alternate does not have the conditions or, apparently, the means to apply for a prospecting permit.
The decision on a prospecting licence, a mining permit and a gold extraction permit, as well as a mining authorisation decision, shall describe the purpose of the application or be accompanied by an application to the extent necessary. The decision shall take a position on the individual requirements set out in the opinions and reminders.
If the project is governed by the law on the environmental impact assessment procedure, the decision shall indicate how the assessment has been taken into account in the authorisation process.
A decision on a prospecting permit, a mining permit and a gold rinsing permit, as well as a decision on the authorisation of a mining permit, shall be issued after a statement of reasons and shall be deemed to have come to the attention of the persons entitled to the complaint when it has been issued.
The authorising authority shall notify the adoption of the decision in accordance with paragraph 1 before the date of its adoption on its bulletin board. The declaration of assurance shall mention the licensing authority, the nature of the case, the date of issue of the authorisation and the time of appeal. The notification shall be displayed at least during the period during which the decision can be appealed against. The decision shall also be available by electronic means at the date specified in the notification.
The authorisation authority shall provide the applicant with the decision on the prospecting permit, the mining permit and the authorisation of gold.
The authorising authority shall forward a copy of the decision to those who have specifically requested it, and to the municipalities, economic, transport and environmental centres and other authorities to which it has been informed during its deliberations; or They have been asked for an opinion. A copy of the decision to grant a mining permit shall be submitted without delay to the Radiation Protection Centre and the Measurement Department. (13.12.2012)
If the decision is addressed to the Sami region or concerns the project referred to in Article 38 (2), a copy of the decision shall be submitted to the Sami Committee. A copy of the decision against the Kolte region shall be submitted to the village meeting of the Party and a copy of the decision against the specific reindeer husbanding area.
The authorising authority shall notify the issuing of a decision to those who have made a reminder or have been expressly requested by the notification, as well as the parties concerned. If the decision is to be notified to a person of more than thirty known persons or when the number of persons is not known, the information on the request for information under Article 40 (2) shall apply mutatis mutandis. Where the decision is to be notified to the unorganised subdivision of the common area, the information on the request for information under Article 40 (3) shall apply.
Where there are a number of signatories in a reminder, it is sufficient for a copy of the decision to be forwarded or notified to the first signatory.
The licensing authority shall ensure that the municipalities whose territories are covered by the decision shall publish without delay the decision on the decision as provided for in the Law on Public alerts. In addition, the licensing authority shall publish information on the decision at least in one of the areas of impact of the activities referred to in the decision, unless the importance of the case is of minor importance or otherwise manifestly unnecessary.
The licensing authority shall ensure that the decision on the prospecting permit, the mining permit and the authorisation of gold shall be entered in accordance with the law on the real estate information system and the information service to be produced thereon (10/98) To the real estate information system.
The authorisation authority shall provide the applicant with the decision on the mining licence.
The authorising authority shall forward a copy of the decision to the owners and holders of properties belonging to the mine area and to the Land Measurement Agency without delay. (13.12.2012)
The licensing authority shall ensure that the information on the decision is published in accordance with the provisions of Article 58 (6) for information.
The prospecting permit shall be valid for a maximum period of four years from the final result of the decision.
In considering the length of the validity of the prospecting authorisation, the Mining Authority shall take into account in particular:
(1) the time needed to implement the research plan;
2) limitation and reduction of damage and harm to the public or private interest.
The validity of a prospecting licence may be extended for a maximum period of three years at a time not exceeding 15 years.
The extension of the prospecting authorisation shall be conditional on:
(1) the prospecting has been effective and systematic;
(2) further investigation is required in order to identify the potential for recovery;
(3) the authorisation holder has complied with the obligations laid down in this Act, as well as the authorisation rules;
4) does not unduly disadvantage public or private interests.
The mining permit is currently valid for a valid result. A mining permit may also be granted for a limited period if justified, taking into account the nature and extent of the occurrence, the conditions of the applicant to take care of the mining operation and the other aspects of the application. A temporary mining permit may be valid for a period not exceeding 10 years from the validity of the decision.
The licensing authority shall review the provisions of the existing mining permit at least every 10 years. The authorisation authority shall indicate the frequency of the review. For reasons of overriding public or private interest, or for other specific reasons, the provisions of the existing mining permit may also be laid down periodically.
The revision of the authorisation rules must not be allowed to reduce the benefits of the mining project.
The existing mining permit in force may be extended for the time being or not more than 10 years at a time, depending on the extent to which it is still necessary and taking into account the other Issues.
The extension of the mining permit shall be conditional on:
1) has been used efficiently and systematically;
(2) the prevalence, in terms of size, concentration and technical characteristics, is still recoverable;
(3) the holder of the authorisation has not substantially infringed the obligations laid down in this Act or the authorisation provisions.
The authorisation shall be valid for a maximum period of four years from the final result of the decision.
In particular, the Mining Authority shall take into account, in particular, the length of the period of validity of the certificate of gold:
(1) the time needed for the recovery and recovery of flushed gold;
2) prevention, limitation and reduction of damage and damage to public or private interest.
The duration of the licence may be extended for a maximum of three years.
The extension of the authorisation of a frosting licence shall be conditional on:
(1) gold rinse has been effective and systematic;
(2) in the gold-plating area, there is still a large amount of gold-coated gold, in such abundance and in a form, that there are conditions for further amortisation;
(3) gold rinds have complied with the obligations laid down in this Act, as well as the authorisation rules;
4) does not unduly disadvantage public or private interests.
For the extension of a prospecting licence, a mining permit and a gold rinse permit, an application for authorisation shall be submitted to the authorising authority before the expiry of the authorisation, together with the necessary and reliable explanations for the consideration of the authorisation under Article 61 (2). Under subparagraphs 1 and 2, Article 63 (2) (1) and (2) or Article 65 (2) (1) and (2). In addition, the application shall also apply to the application of Article 34 of the licence application.
More detailed provisions on the application for an extension of the authorisation may be adopted by a Council Regulation.
The prospecting authorisation and the authorisation of gold shall lapse at the end of the deadline.
The Mining Authority may decide that the prospecting licence and the prospecting authorisation shall lapse if the activity has been interrupted for a continuous period of at least one year on a continuous basis. The case may be initiated by the Mining Authority on its own initiative, by the municipality or by the affected party.
The Mining Authority shall decide that the prospecting authorisation and the prospecting authorisation shall lapse if the authorisation holder submits an application. The authorisation holder shall be obliged to make an application if the purpose is no longer to carry out the authorisation.
Where the authorisation holder applies for a prospecting authorisation or an extension of a prospecting authorisation as provided for in Article 66, the entry for the authorisation decision pursuant to Article 58 shall be entered in the real estate information system, pursuant to Article 107 and Article 174. Entered into force until the application has been legally settled.
The mining permit expires at the end of the deadline.
The authorising authority shall decide that the mining permit shall lapse if the holder of the authorisation has not commenced mining operations within the time limit specified in the mining permit or engaged in any other preparatory work which shows that the authorisation holder is seriously committed to: Mining activities. The licensing authority shall also decide that the mining permit shall lapse if the mining operation has been interrupted for a continuous period of at least five consecutive years for the holder of the authorisation, or the mining operation may be deemed to have been effectively terminated. It may be initiated by the licensing authority on its own initiative, by the municipality or by the affected party.
However, in the situation referred to in paragraph 2, the authorising authority may, at most twice, postpone the expiry of the mining permit and give a new deadline for the commencing of mining operations or the extension of the time limit. The suspension of the authorisation may be postponed for a maximum of 10 years. The holder of a mining authorisation shall submit an application to the licensing authority before the mining permit expires, together with a reason for granting the time limit and a plan for the initiation or continuation of the mining operation. As a condition for the approval of the application, it is necessary that the applicant should be considered to be well-founded and the plan sufficiently detailed and that the decision does not cause disproportionate damage to the public or private interest. More detailed provisions on the application may be adopted by a Council Regulation.
In addition, the licensing authority shall decide that the mining permit shall lapse if the mining area does not belong to the authorisation holder or the authorisation holder has not obtained it in accordance with Article 82, five years after the authorisation has been granted, or the authorisation holder makes a relevant Application. The authorisation holder shall be obliged to make an application if it is no longer intended to carry out mining activities.
The licensing authority shall, on its own initiative or on the application of the public interest authority or the injured party concerned, amend the application for a prospecting permit, a mining permit and a gold-flushing permit if:
(1) the conduct of which is prohibited by law;
(2) the adverse effects arising from the operation are substantially different from the assessment of the authorisation.
In accordance with Article 73 of the Transfer of Gold, the Mining Authority shall, in accordance with Article 73, review the authorisation rules and the decision on the need for construction, if necessary because the conditions of the transferee are satisfied The authorisation is substantially different from that of the previous authorisation holder.
The holder of a prospecting authorisation shall apply for a modification of the prospecting authorisation if the research plan is amended or supplemented in such a way as to require a revision of the permit requirements. In addition, the authorisation holder may apply for a review of the authorisation of the ore to check the authorisation requirements when it is necessary to amend the authorisation.
The holder of a mining authorisation shall apply for a modification of the mine permit if a mining area or a mine, or some of them no longer is necessary within the meaning of Article 19, or a change in the mining operation takes place in such a way as to require the authorisation of Check.
If there is a change in the quantity, quality or timing of any measures relating to prospecting, it is necessary to apply for a change in gold rinse if there is a need to revise the authorisation requirements. In addition, it is possible to apply for a change in the authorisation of gold rinse when it is possible to reassess the conditions under which it is built.
The application for an amendment to the authorisation shall apply mutatis mutandis to the application for authorisation under Article 34.
The authorisation authority may withdraw the application for a prospecting permit, a mining permit and a gold rinsing permit if:
(1) incorrect or incomplete information given in the application or in its annexes which has materially affected the conditions for the authorisation or otherwise of the authorisation;
(2) the authorisation holder no longer fulfils the conditions for the authorisation;
(3) the authorisation holder has substantially failed or in breach of the obligation or restriction laid down in this Act or the authorisation provisions.
Where deficiencies, infringements or omissions may be remedied or are minor, the licensing authority shall, before taking the decision referred to in paragraph 1 (2) or (3), set a time limit for the authorisation holder concerned to remedy the deficiency, infringement Or neglect.
The mining licence shall be valid indefinitely or in accordance with the validity of the authorisation, in accordance with the provisions of Article 62 of the Mining Authorisation.
The State Council may grant a deadline for the extension of the period of validity of the mining permit for a period of time or time, in accordance with the provisions laid down in Article 63. For the extension of the authorisation, before the expiry of the authorisation, the Board of State shall submit an application for authorisation and any necessary and reliable explanations for the authorisation. The application shall apply mutatis mutandis to the application of Article 35 of the application for a mining licence. More detailed provisions on the application may be adopted by a Council Regulation.
The mining licence shall expire at the end of the deadline. The authorisation shall also lapse if the mining permit is not granted, or it shall lapse or be withdrawn. If the mining permit is amended so that the area of the mining area is reduced, the mining licence shall be cleared accordingly for areas which are no longer part of the mining area.
The State Council shall decide that a mining licence shall lapse if the authorisation holder submits an application to the Council of Ministers.
The extension, expiry, modification and revocation of a prospecting permit, a mining permit and a gold rinsing licence, as well as the extension and expiry of a mining licence, shall be dealt with in accordance with the provisions of this Regulation. The law provides for the authorisation procedure for the authorisation concerned, the authorisation procedure and the authorisation and validity of the permit.
A prospecting licence, a mining permit and a gold rink permit can be transferred to another. The transferee shall meet the requirements of the licence holder under this law. In addition, the transfer of a mining permit for the production of uranium or thorium shall be authorised for mining operations in accordance with the Nuclear Energy Act.
The authorisation holder may apply for a transfer by submitting an application to the Mining Authority. The application shall contain a statement of the necessary and reliable transmission from the point of view of the shipment and the other relevant factors for the processing of the shipment. The application shall be accompanied by the relevant authority's certificates, registration products and corresponding documents certifying the information contained in the application and the consent of the transferee. More detailed provisions on the application may be adopted by a Council Regulation.
The mining authority shall approve the transfer of the authorisation if the beneficiary of the transfer fulfils the conditions referred to in paragraph 1 and the authority has been submitted to the reports referred to in paragraph 2. However, the Mining Authority may reject the application for a prospecting licence and the transfer of gold for the reasons stated in Article 46 (1) (8) and the application for the transfer of a mining permit on the basis of the criteria set out in Article 48 (1).
When a mining permit has been approved by the Mining Authority, it shall make a corresponding change to the authorisation holder for the mining licence.
The adoption of a decision on the transfer of a prospecting licence, a mining permit and an authorisation for gold shall be subject to the provisions of Article 57 which provides for the granting of a permit.
The Mining Authority shall forward the decision to the applicant and a copy to the transferee. The transferee shall be obliged without delay to inform the owners of the property belonging to the prospecting area in writing and to the owners of the property belonging to the mining area.
The Mining Authority shall publish the information on the decision at least in one of the areas of impact of the activities referred to in the Decision in a publicly transmitted newspaper.
The Mining Authority shall ensure that the municipalities whose territory is subject to a transfer decision shall, without delay, publish the decision on the decision, as provided for by the Law on public alerts.
The Mining Authority shall inform the holder of the authorisation of the mining licence and the transferee.
The adoption of a reservation is subject to the provisions of Article 57 which provides for the issuing of a decision.
The Mining Authority shall forward the reservation decision to the alternate.
The Mining Authority shall publish that decision at least in a daily newspaper and, where appropriate, in a newspaper for which the owners and holders of property in the territory of the territory It may be assumed that the information is best received.
The Mining Authority shall ensure that the municipalities in whose territory the reservation area is located shall publish without delay the information on the decision taken in accordance with the law on public alerts.
The reservation decision shall be valid for a maximum period of twenty-four months from the date of the notification. When considering the length of the reservation decision, the Mining Authority shall take into account, in particular, the time required for drawing up the research plan and for other preparatory measures for the application for prospecting authorisation.
The reservation decision shall expire at the end of the period. The reservation decision shall also lapse, in whole or in part, where the privilege of the privilege has been applied for in accordance with the provisions laid down in Article 34. In addition, the Mining Authority shall decide that the reservation decision shall lapse if the competent authority makes a written notification to the Mining Authority.
The Mining Authority may withdraw the reservation decision if incorrect or incomplete information has been provided in the reservation or its annexes, which have materially affected the discretion of the draft decision.
Extraction of access rights and other special rights for the areas needed for the mining and mine area shall be carried out in the mining operation. Redemption shall apply unless otherwise specified in the Act on the redemption of fixed assets and special rights (603/1977) (hereinafter ' the Redemption law , provide. The correction or correction of the error observed in the mining operation, as well as the proposal for the lifting of the supply or decision, shall be valid as to the property formation law (554/1995) The property delivery is provided.
However, a supply engineer may carry out a mining operation without any number of trustees, if any of the parties to the mining operation referred to in Article 81 are not required to do so and there is no question of compensation.
Article 78 has been repealed by L on 13 December 2013.
The surveyor shall immediately issue an order for the mining operation after obtaining the information on the decision to grant a mining permit or a mining permit.
The mining operation must not be stopped until the mining permit and the mining permit have been given legal force. At the request of a surveyor, the mining authority shall issue an opinion on the matter.
The mining licence and the mining permit holder shall bear the cost of the mining operation.
A party to the mining operation Is the holder of a mining permit and a mining permit and any other person whose right or interest is directly affected. Without prejudice to Article 38 of the redemption law, compensation may be provided for damage or damage resulting from the use of a mine or a mining area or a mine.
The mining licence and the mining authorisation holder shall be entitled to use areas and rights for the purposes indicated in the authorisation for the purposes of the mining operation, notwithstanding any other entitlement to the property.
The areas designated in the mining permit and the mining permit and the rights to be established shall be taken over by the holder of the authorisation at the time of the takeover review at the mining operation. The condition for take-over is that the pre-compensation provided for in the mining operation is paid.
In the event of a seizure of a consequence as referred to in Article 57 (2) of the redemption law, the redemption commission may, at the request of the party concerned, order that the take-over in so far be taken at the earliest not more than three One month after the payment of the advance payment to the party concerned has been paid.
Where there is no agreement on the removal or transfer of assets held in the territory covered by the contract, the mining licence and the holder of the mining permit shall place the owner or holder of the asset removed with a reasonable and An appropriate time limit, after which the holder of the licence concerned removethe assets. In such cases, unless it is impossible, the holder of the authorisation shall be declared to the owner or holder of the asset to be removed before the property is removed.
Where buildings, warehouses or equipment or trees, growing crops or other vegetation are required to be removed or transferred from a site for mining operations, the resulting injury or injury shall be replaced by: The costs of removal or transfer to the person concerned.
If the mining project has significantly increased or reduced the value of the assets to be redeemed, the compensation shall be determined to reflect the value that the assets would have had without having had any effect.
Notwithstanding paragraph 1, when redeeming the right of access to property which is used by its owner for the pursuit of his or her residence or occupation, the amount of the compensation referred to in the redemption law shall, notwithstanding paragraph 1, always be imposed as high as it is necessary to The acquisition of a property equivalent to the apartment or the same subsistence, to replace the redeemed asset.
At the final meeting of the miner, a redemption decision shall be declared and an appeal shall be issued.
The redemption decision shall lay down, on the basis of a mining licence and a mining permit, and, where appropriate, by the holder of the authorisation, the object of the redemption and the establishment of the rights and other rights, as well as the conditions and limits necessary for the To the use. Derogation from the mining licence and the mining permit may be waived if there is a specific reason given the provisions of Article 19 and Article 47 (2) and (3).
The legal force resulting from the redemption decision shall be granted to the holder of the mining licence and the mining authorisation for the purpose of operating the mine area and the restricted use of the mine area and the restricted use of the mine site, or other A specific right, unless the territories have already been previously covered by the authorisation holder.
Special rights for the mine area and the mine area will lapse once the mining supply has been given a legal force.
However, the mining operation may decide to retain a special right if the right and its use do not constitute a risk to public safety or harm to the mining operation and the maintenance of the property system Clarity.
In the event of significant damage to the use of the property or part of the mine, the owner of the property shall have the right to require that the holder of the mining licence and the mining permit redeem the property or part thereof.
In the case of an area designated for mining operations, the owner of the property shall have the right to claim the full redemption of the area marked in the mining operation.
Buildings or parts thereof which are redeemed pursuant to paragraphs 1 and 2 shall be composed of one or more of the mining areas in accordance with the provisions of Article 49a (1) of the redemption law for the formation of redemption units.
The amount of the compensation in respect of the property and parts of the property redeemed pursuant to paragraphs 1 and 2 shall be half-equal to the value of the redemption area.
The mining operation shall make arrangements for private and road rights which are necessary in view of the establishment of a mining or mine area. The action shall also address and resolve any other (358/1962) Of the European Parliament and of the Council.
Private road connections and road rights may be organised in a regional information document referred to in Article 38c of the Act on the private roads, which may be carried out at the request of the holder of the mining permit without a separate application.
In the case of a mining operation, the need to carry out the accounting arrangement referred to in Article 89 shall be clarified.
However, the need for an order arrangement is clarified and settled instead of mining, in the redistributive delivery referred to in Article 68 (2) of the property formation law, if at the time of the mining operation it is pending. Such a reallocation shall also apply to the provisions of Articles 89 to 92 of this Act, in addition to what is laid down in the property formation law and Article 82 of the redemption law.
Order arrangement A holding exchange may be effected between real estate. However, where the transaction cannot be conveniently supplied, the area may be transferred from the property to the full remuneration for the second part of the estate.
Articles 59, 65 and 66 of the property formation law shall be replaced by Articles 59, 65 and 66 of the Code, subject to Articles 90 to 92 of this Act.
The order arrangement may be made if:
(1) it is necessary to remedy the harmful fragmentation of the accounts caused by the mining area or mine;
(2) it may eliminate or significantly reduce the costs or compensation which would otherwise be caused by the organisation of a new transport connection, rather than the access point to the mining area;
(3) the exchange or transfer of a territory for the purpose of providing an additional area with a mining area or a mining site is of particular importance in order to increase the usefulness of the property; or
(4) it is necessary for the purposes of the transfer of an area of low value, mine or mine to transfer an area separated from another property which the owner of the area cannot use in an appropriate manner, but which may be used; In the context of another property.
In addition, the execution of the order arrangement requires:
(1) In the case referred to in Article 1 (1), it provides for a significant improvement in real estate division;
(2) it does not cause any harm to anyone; and
3) it does not obstruct the implementation of the employment formula.
The consent of the owner of the property, or of the holder of the holding or special right to it, shall not be required to carry out the payment arrangement.
In cases where the owners of the real estate concerned agree, in cases other than those referred to in Article 90 (1), it may be made necessary for the establishment of a mine or for mining operations which are necessary for the purpose of mining or mining. In accordance with Article 90 (2) (2) and (3) of the Arrangement.
The order assesses the transfer of the property from the point of view of the donor and the receiving property. If these values are different, the difference between the mining licence and the mining authorisation holder should be laid down.
The mining supply may be registered, irrespective of the amount of the compensation, when it has obtained the legal force. The provision of compensation does not need to be notified to the Measurement Department. (13.12.2012)
The mining operation may be entered in the property register, regardless of the appeal, in respect of the property not covered by the appeal. The mining supply may also be entered in the real estate register in respect of the buildings covered by the appeal, if the appeal does not affect the establishment, establishment or other rights of the redemption of the object of redemption Signalling. In these cases, the administrator of the property registry shall request permission to register. There is also a quorum when it is only the Chairman of the Land Law.
In the case of a mining operation, the amount of the assets to be redeemed must be fixed at the time of take-over ( Prestige moment ) Based on value.
If the overall price level has increased after a period of grace, the difference between the final redemption allowance and the pre-compensation provided for in the delivery shall be adjusted to the level of the price.
In the case of a mining operation, the redemption allowance shall be payable to the person to whom the property or compensation is to be redeemed at the time of the fixing of the compensation, save as otherwise provided for in the report.
The advance payment and final payment of the mining authorisation and the mining permit holder shall be made within three months of their imposition. In the event of a delay in the payment of compensation, interest on late payment shall be paid in accordance with (163/1982) By interest rate referred to in Article 4 (1). The final payment shall be made at a rate of 6 % per annum, including the appropriation under Article 82 of this Act.
The compensation provided for in the mining operation shall be paid by the holder of the mining licence and the mining permit. In the order arrangement, the beneficiary of the territory is required to pay compensation to the relevant holder of the authorisation in so far as the compensation cannot be deducted from the direct payments to the authorisation holder concerned. The donor from the area concerned shall receive compensation from the relevant holder of the territory. The allowances referred to in this paragraph shall be subject to the provisions laid down in paragraph 1 for the calculation of the interest rate and the payment of compensation. The remuneration for the remuneration provided for in the order arrangement shall be calculated from the date of the seizure of the territories specified in the delivery.
Where the compensation referred to in this Chapter may be imposed only after the end of the mining operation and no compensation is agreed, the compensation shall be settled in the case of a mining licence and a mining authorisation holder or an application requiring compensation, Which shall comply with the provisions of the mining supply.
The application shall be submitted within three years of the occurrence of damage or injury. The order shall be issued by the Geographically Measurement Agency. At the request of the Earth Measurement Department, the Mining Authority shall give an opinion on the matter. (13.12.2012)
In the case referred to in paragraph 1, the assets, handicap or damage shall be assessed and the compensation shall be determined in accordance with the date of completion of the delivery and the annual interest rate in accordance with Article 96 shall be calculated at the end of the From time to time.
Where the requirement referred to in paragraph 1 is manifestly unreasonable, the cost of the delivery shall be borne wholly or entirely by the applicant.
The compensation provided for in the mining operation, which shall be payable to the holder of the mining licence and the mining licence, and the property which has been replaced by the accounting arrangement, shall be governed by Article 288 of the Law on the formation of the property.
The holder of a prospecting authorisation shall pay the owners of properties belonging to the ore prospecting area an annual compensation ( Ore search allowance ).
The annual amount of the claim compensation per property shall be:
(1) eur 20 per hectare for the first four years of the prospecting authorisation;
(2) eur 30 per hectare for the fifth, sixth and seventh years of the prospecting authorisation;
(3) eur 40 per hectare for the 8th, ninth and 10th years of the prospecting authorisation;
(4) EUR 50 per hectare for the period of validity of the prospecting authorisation for the eleventh year and subsequent years.
The ore search allowance for the first year shall be paid no later than 30 days from the date on which the prospecting permit has become final. For the following years, the compensation shall be paid at the same time.
The holder of a mining permit shall pay the owners of the property belonging to the mine an annual compensation ( Mining compensation ).
The annual amount of the compensation compensation per property shall be EUR 50 per hectare. In addition, the mining allowance shall be paid:
(1) 0.15 % of the calculated value of the mining minerals extracted and recovered during the year, taking into account the average price of recovered metals in ore during the year and for other Average value of products during the year;
(2) the economic value of the mining mineral, having regard to the criteria affecting the economic value of the mining mineral, provides reasonable compensation for the extraction and recovery of the mining mineral other than the metal ore, according to:
(a) the owner of the property and the holder of the mining authorisation agree; or
(b) the mining authority, on application by the owner of the property or the mining authorisation holder, confirms.
Where criteria affecting the economic value of the mining mineral have materially changed, the owner of the property or the holder of a mining right may require the Mining Authority to review the compensation referred to in paragraph 2 (2).
Where the licensing authority has suspended the mining permit in accordance with Article 68 (3), the compensation referred to in paragraph 2 of this Article shall be EUR 100 per hectare ( Compensation increased ) until the mining operation is initiated or continued.
The obligation to pay compensation begins when the mining permit is legal. The obligation to increase compensation begins when the decision for a new period or extension of the operation of mining activities is legal.
The holder of the mining authorisation shall provide the Mining Authority with information for the purpose of fixing the extraction allowance by 15 March of the following year. The size of the mining allowance shall be fixed annually by the Mining Authority.
The compensation shall be paid no later than 30 days after the decision of the Mining Authority has become final.
For more detailed provisions on the application for the fixing and revision of the mining allowance, the criteria for determining the mining allowance and the information to be provided to the mining authority for the purpose of fixing the extraction compensation can be provided By a decree of the Government.
The holder of a mining authorisation shall pay to the owners of real estate property belonging to the mining site, for the benefit of the mining activities of the mining operation, the annual real estate compensation ( Side-product compensation ).
The by-product compensation shall be reasonable, taking into account the economic value of the by-product. If the holder of the mining permit and the owner of the property are not suitable for compensation, it shall not exceed 10 % of the sales output obtained by the byproduct.
The flowwash must be carried out by the authority or body responsible for the management of the area per year ( Compensation for gold ).
The annual amount of the reimbursement fee shall be EUR 50 per hectare.
The fee shall be paid for the first year at the latest on 30 days from the date on which the gold rush permit has become final. For the following years, the compensation shall be paid no later than 15 March.
The holder of a prospecting authorisation shall, unless otherwise provided for in any measure, compensate for the damage and damage caused by the act based on this law in the prospecting area.
Paragraph 1 provides for the liability of the holder of a prospecting authorisation, to the obligation to compensate for the damage and damage caused by the search area and the obligation of the prospector to replace Damage and damage caused by the gold-plating area.
The parties may agree on the amount and amount of the compensation referred to in Articles 101 and 103 and on other aspects of compensation. The agreement shall be made in writing.
If the compensation referred to in paragraph 1 is not agreed, the claim shall be made in the mining operation referred to in Chapter 8 referred to in Chapter 8, on the application of the holder of the claim or of the holder of the search. The application shall be submitted within three years from the date on which the authorisation concerned has expired or has been withdrawn or the harm or damage caused by the search arises. If the damage or injury caused by a prospecting authorisation or a gold-flushing authorisation occurs later, the application shall be submitted within three years from the date on which the damage or injury occurs. The cost of the delivery shall be borne by the holder responsible for the search or authorisation.
The dispute relating to the compensation referred to in Articles 99, 100 and 102 shall apply mutatis mutandis, as provided for in paragraph 2, for the claim for compensation referred to in paragraph 1.
Damage or damage resulting from contamination of water, air or soil, or noise, vibrations, radiation, light, heat, odor or similar disturbance (187/1994) Article 12.
The transfer of the authorisation referred to in Article 73 shall not exempt the holder of the authorisation from the liability in so far as the damage or damage has been incurred before the transfer has been approved by the mining authority.
The holder of the prospecting authorisation and the prospector shall lodge a guarantee for the compensation of possible damage and damage and for the conduct of the ex-post measures, unless it is considered as unnecessary in the quality and scope of the action, the area of activity The specific characteristics, the authorisation provisions for action and the solvency of the applicant.
A security shall be lodged by the holder of the mining authorisation for the purpose of killing and exiting mining operations, which shall be sufficient for the quality and scope of the mining operation, taking into account the authorisation provisions for the operation and the collateral required under the rest of the law.
The licensing authority shall determine the type and size of the collateral in the relevant authorisation.
Where appropriate, the amount of the security shall be reviewed when the mining permit is reviewed in accordance with Article 62, or a prospecting permit, a mining permit and a gold rink permit shall be amended in accordance with Article 69 or the validity of the authorisations shall be extended in accordance with Articles 61, 63 or 65.
The guarantee shall be lodged with the Mining Authority, which shall supervise the interests of the beneficiary in the lodging of the security and, where appropriate, act as collateral in matters relating to the modification of the security and the allocation of funds.
The security may be carried out in respect of the costs necessary for the performance of the obligations laid down in this Act or in the relevant authorisation.
The mining authority shall release the security when the holder of the authorisation has fulfilled the obligations referred to in paragraph 1. It is possible to release the security in part.
The transfer referred to in Article 73 shall not release the guarantee.
When authorising the transfer, the Mining Authority shall assess whether the type or size of the collateral is to be reviewed and the necessary changes to the relevant permit provisions. At the same time, the mining authority shall determine the date on which the changes are in force.
Mining operator Is obliged to ensure the safety of the mining operation. In particular, the operator shall ensure the structural and technical safety of the mine and the prevention of incidents and accidents in the mine, and limiting the adverse consequences thereof.
The safety of the mine is regulated separately.
The operator shall comply with the following operating principles when carrying out mining safety:
(1) hazards and accident threats are identified;
(2) the removal of risk factors or, where this is not possible, identifies safety targets for the limitation of hazards and measures taken to limit the harmful effects of hazards to a minimum;
(3) take the necessary measures to prevent accidents and make provision for rescue measures;
(4) measures in general are taken before the individual;
(5) the development of technology and other available means is taken into account.
The operator shall ensure compliance with the operating principles in the mine and monitor the impact of the measures taken on mining safety and, where appropriate, take corrective action. Where appropriate, the operator shall immediately isolate a dangerous area from the rest of the mine, suspend the operation of the mine and take the necessary measures for mining safety.
More detailed provisions on the design, selection, measurement and implementation of measures to be taken into account for mining safety and the operating principles to be followed may be adopted by a Council Regulation.
The operator shall systematically identify and identify the issues at risk of mining safety.
If the safety of the mining safety cannot be removed, the operator must be assessed by the operator.
The extractor shall hold the statement referred to in paragraph 1 and the assessment referred to in paragraph 2 in writing. The analysis and assessment shall be reviewed in the context of a substantial change in the circumstances and shall be kept up to date.
The operator must draw up a mining operation Internal emergency plan for the mine .
The internal rescue plan for the mine shall include the following:
(1) foreseeable incidents and accidents and their possible effects;
(2) measures to prevent incidents and accidents and to limit the consequences thereof;
(3) reports of incidents or accidents to the authority or other bodies;
(4) cooperation with the civil protection authority in the region;
5) the possibilities of exit and protection, as well as arrangements for the extinguishing and rescue tasks ( Self-employed rescue measures );
(6) personnel involved in self-rescue measures and their training in their duties;
(7) equipment acquired for self-intervention measures;
8) preparing for the repair of accidents and cleaning up the environment.
The operator shall establish guidelines for those working in the mine in case of anticipated incidents and accidents.
More detailed provisions on the situation as regards emergency measures, joint action with the Civil Protection Authority, accident and emergency response exercises, civil protection training And other matters to be resolved in the internal emergency plan of the mine may be adopted by a decree of the Government.
The operator must take adequate measures to prevent unauthorised access to the mine and the mine area by means of structural measures or the nature of the activity.
The operator shall ensure the access to the mine and the mining site of the rescue and rescue services of the site rescue and rescue services in the event of an accident or in the event of a threat, as well as to the rescue services of the area Appropriate guidance at the site.
The operator must ensure that the responsibilities and responsibilities of management and personnel related to mining safety are clearly defined at all levels of the organisation.
The operator must provide training, guidance and guidance to ensure that persons working in the mine have sufficient information on mining safety and the measures necessary for mining safety.
The operator must ensure that persons operating in the mine comply with the measures and operating principles necessary for mining safety.
More detailed provisions on the training, guidance and guidance of people with regard to mining safety may be laid down by a Council regulation.
The operator shall appoint a manager of the mining safety. The responsible person must be employed by the operator, the mine in question.
The responsible person should know the provisions on mining technology and mining safety, as well as the measures necessary for mining safety, in particular in the mine.
It is the responsibility of the responsible person to ensure that the mining operation complies with the provisions on mining safety, the licensing provisions and the measures and operating principles necessary for mining safety.
The responsible person shall demonstrate his/her qualifications in a test organised by the Mining Authority. A certificate shall be issued to the person concerned from the approved test.
More detailed provisions on the training, qualification and maintenance of the Mining Safety Officer may be adopted by a Council Regulation.
The operator must draw up a map of the mine and the mine area ( Mine map ) And keep it up to date.
An operator must submit a copy of the mine map to the mining authority at the beginning of each year.
The Mining map shall contain details of the measures taken in the mine and other mining activities in the mine area in such a way that mining safety, land use and exploitation of the site and other related measures May be clarified.
More detailed provisions on the mining map may be adopted by the Government Decree.
In the planning and construction of the mine and in mining operations, the mining operator must take into account the fact that mining can be stopped and the mine closed safely.
The mining and production activities of the mine must be authorised by the mining authority ( Mining safety authorisation ).
Application for a mining safety authorisation shall be submitted to the Mining Authority.
The application shall include a statement which is necessary and reliable for the authorisation of the licence:
(1) the applicant;
(2) mining safety requirements;
3) other relevant aspects of mining safety.
The application shall be accompanied by a summary of the information contained in the application and its annexes, an analysis and assessment drawn up in accordance with Article 114, an internal emergency plan for the mine and a master plan, taking into account the provisions of Chapter 11, Indicate:
1) a plan for the construction of a mine;
2) a plan for activities and buildings in the mining area;
(3) geological and tilt technical description of the occurrence;
4) the mining methods used and the filling and filling materials used;
5) stoning system.
The application shall also be accompanied by a statement as to whether the applicant is (1118/1996) , and the employer's register and the VAT Code (18/01/1993) And a certificate of payment of taxes or a tax debt certificate, or a statement that the payment plan for the tax debt has been completed. Where an applicant is a foreign undertaking, it shall provide the corresponding information with the registration of the company in accordance with the legislation of the country of establishment or the equivalent certificate or any other generally accepted way.
More detailed provisions on the application for a mining safety permit may be adopted by a Council Regulation.
The Mining Authority shall request an opinion on the application for a mining safety authorisation from the relevant labour inspecting authority and civil protection authority, the Radiation Security Centre and, where appropriate, other authorities in the field of public interest. In addition, the Mining Authority shall, in the interest of authorisation, obtain other relevant opinions and reports.
The examination of the application for a mining safety authorisation shall be subject to the provisions of Article 39 of the procedure for reminders and opinions. The request for a mining safety authorisation shall be informed in accordance with the provisions of Article 40 on the application for information. Following opinions and reminders to the applicant's consultation, Article 42 provides for consultation of the applicant. The content of the clearance decision shall be governed by Article 56 (1) of the decision on the content of the authorisation decision.
The granting of a mining safety authorisation shall be conditional on:
(1) the design of the mine and mining operations has been complied with, as provided for in Articles 112 to 116 and 120;
(2) the obligations concerning the organisation, staff and the responsible person have been carried out in accordance with Articles 117 and 118.
A mining safety authorisation shall be granted if the applicant demonstrates that other conditions laid down in this law are met.
The mining safety authorisation shall not be granted until the mining permit has been authorised and, unless the mining area and the mine area belong to the mining operator, the said areas have been taken over by the operator. Article 82 is provided for in Article 82.
The safety authorisation shall provide the necessary provisions for the protection of public and private interests:
(1) mining safety measures;
(2) the internal emergency plan of the mine;
(3) the training, guidance and guidance of the responsible person and other personnel relevant to mining safety;
4) a mining map;
(5) taking into account the closure of mining activities;
(6) the time limit for the submission of reports on the revision of the permit provisions;
(7) other matters relating to the general and private interest and to the implementation of the conditions of authorisation.
The decision on a mining safety authorisation shall be adopted in accordance with Article 57, which provides for the granting of a permit.
The decision on a mining safety authorisation shall be notified in accordance with the provisions of Article 58 concerning information on the authorisation decision.
For the time being, the mining safety authorisation is valid for a legitimate result. A mining safety authorisation may also be granted for a limited period if justified, taking into account the expected duration of the mining operation, ensuring the safety of mining and other matters related to the application. However, authorisation may be granted for a maximum period of time than a mining permit.
The mining authority shall review the provisions of the existing mining safety authorisation at least every 10 years. The mining authority shall indicate the frequency of the review. For reasons of overriding public or private interest or for any other specific reason, the Mining Authority may also provide for a periodical review of the validity of the period in force.
The mining authority may grant a period of extension to the existing mining safety permit for a period of time or time in accordance with the provisions of Article 127 (1).
The extension of the mining safety authorisation shall be subject to compliance by the authorisation holder with the obligations laid down in this Act, as well as the provisions of the licence.
Before the expiry of the authorisation, an application shall be submitted to the mining authority to extend the validity of the authorisation and, in accordance with Article 122, in accordance with the provisions of Article 122, to extend the validity of the authorisation as well as the necessary and reliable explanations. Provides.
More detailed provisions on the application may be adopted by a Council Regulation.
The mining safety authorisation shall expire at the end of the period.
The mining authority shall decide that the mining safety authorisation shall lapse if:
(1) the mining permit shall lapse or be withdrawn;
(2) a mining operator submits an application to the Mining Authority.
The Mining Authority shall, on its own initiative or on the application of the public interest authority or the affected party concerned, amend the mining safety authorisation if:
(1) mining safety is essential;
(2) Whereas the circumstances have substantially changed since the authorisation was granted and the provisions necessary for the protection of public or private interests to be amended.
The operator shall apply for a modification of the mine safety authorisation if there are any changes in the mining operation having a minor impact on the safety of the mining operation. The application shall be applied mutatis mutandis as regards the application for a mining safety authorisation under Article 122.
If the mining permit has been transferred pursuant to Article 73, the mining authority shall carry out a corresponding change in the mining safety certificate. At the same time, the Mining Authority shall review the permit provisions if it is necessary to ensure the safety of mining.
The mining authority may withdraw the mining permit if:
(1) incorrect or incomplete information given in the application or in its annexes which has materially affected the conditions for the authorisation or otherwise of the authorisation;
(2) the authorisation holder no longer fulfils the conditions for the authorisation;
(3) the authorisation holder has substantially failed or in breach of the obligation or restriction of mining safety laid down in this Act or the authorisation provisions.
Where deficiencies, infringements or omissions may be remedied or are minor, the Mining Authority shall, before taking the decision referred to in paragraph 1 (2) or (3), set a time limit for the authorisation holder concerned to correct the deficiency, infringement Or neglect.
The issue of the extension, expiry, modification and withdrawal of a mining safety authorisation shall be treated in accordance with the provisions of this Act concerning the authorisation procedure for the mining safety authorisation, the authorisation of the authorisation and the The authorisation and its validity.
At the nosing facility Means, within the scope of this law, the fixed device for the carriage of persons or goods between the different levels by which the load is carried by the load in the shaft along the lines and related auxiliaries; and Ground structures.
Equipment and equipment for the mine For the purposes of this law, the equipment and equipment necessary for mining operations in the mine, and machinery, equipment and equipment directly related to the operation of the mine, and combinations thereof.
The lifting body must be designed and constructed in such a way that it is safe in normal use and in exceptional circumstances to be assessed, and does not endanger anyone's health or safety. The design and construction must take into account the study and evaluation drawn up in accordance with Article 114.
The design and construction of the plant must pay attention to the drawing board as an operational entity and, in particular, to ensure that:
(1) the strength and the dimensions of the crane are adequate;
(2) lifting and suspension devices and their mortgages ensure an adequate level of safety;
(3) the control of the load, speeding, deceleration, emergency brakes and similar aspects of safe operation is organised;
(4) the machinery also operates in possible exceptional situations without compromising safety;
(5) the lifting tower, the gap and the associated structures are sustainable and fire-safe;
(6) the steering system of the crane operates reliably;
(7) the ventilation of the personnel office is also in exceptional circumstances;
(8) the personnel office shall have the communication equipment necessary to communicate;
(9) It is possible to carry out the necessary control and rescue operations in the event of incidents.
More detailed provisions on the design and construction of a crane can be provided by a regulation of the Ministry of Employment and the Economy.
The operator shall ensure that the approved inspection body referred to in Chapter 14 is inspected before and after the establishment and thereafter at least annually, taking into account the report and assessment drawn up in accordance with Article 114.
In addition, the operator shall ensure that the safety of the lifting plant is continuously ensured, taking into account the analysis and assessment drawn up in accordance with Article 114.
More detailed provisions on the inspection of the crane may be provided by a regulation of the Ministry of Employment and the Economy.
The operator must invest and, where necessary, protect the equipment and equipment of the mine in such a way that they are safe in normal use and in exceptional circumstances to be assessed and do not endanger any health Or security. The investment and protection shall take into account the report and assessment drawn up in accordance with Article 114.
In addition, the equipment and equipment of the mine must be placed in such a way that they can be properly used, maintained and inspected.
More detailed provisions on the disposal of installations and equipment in the mine may be laid down by a Council regulation.
The Mining Authority shall approve the Finnish Community or the Foundation or any such part as an inspection body on application.
The approval decision shall specify the area of competence of the control body and shall, in order to safeguard public and private interests, lay down the provisions relating to the operation of the institution to ensure that the tasks of the control body are carried out: Appropriately. The decision may be adopted for a limited period.
The control body, approved by the Member State of the European Economic Area, shall be responsible for the inspection body referred to in paragraph 1, if the approval has been complied with accordingly, as provided for in Article 138 concerning the approval of an inspection body.
The conditions for approval of an inspection body are:
(1) the control body shall be independent in its inspection activities;
(2) the inspection body has at its disposal a sufficient number of skilled staff whose independence has been ensured in respect of the audit institutions' tasks;
(3) the control body has the equipment, equipment and systems required for operation;
(4) in the light of the quality and extent of the activity, the control body shall have sufficient liability insurance or other equivalent sufficient to be considered.
The inspection body shall be approved if the institution demonstrates the law on the qualification of conformity assessment services (1920/2005) Comply with the conditions laid down in paragraph 1.
The purpose of the inspection body shall be to carry out the checks and periodic inspections of the lifting institutions in accordance with good inspection practice and taking into account the provisions and recommendations concerning the subject matter.
The control body shall monitor the development of the provisions and standards in its field of activity and shall cooperate with the other control bodies in its field of activity, as necessary to ensure consistency between operating procedures.
In the exercise of public administrative functions within the meaning of this Law, the control body shall comply with the provisions of the Law on the operation of public authorities (18/09/1999) , by law in the field of electronic business (2003) , rule of law, language law (2003) And the Sami language (1886/2003) Provides. The staff of the inspection body shall be subject to the provisions relating to the exercise of an audit function in respect of criminal law. Liability for damages is governed by the law on damages (1999) .
The inspection body shall inform the Mining Authority of any changes which may affect the fulfilment of the conditions set out in Article 138 (1).
The inspection body shall report annually to the Mining Authority on its inspection activities and its results.
If the control body no longer complies with the conditions set out in Article 138 or does not comply with the provisions laid down in the decision referred to in Article 137, or is otherwise substantially contrary to the provisions of this Act, the mining authority shall: A sufficient time limit for the inspection body to remedy the situation.
The Mining Authority shall withdraw its approval if the inspection body has not remedied the deficiencies, infringements or omissions within the prescribed time limit or the control body no longer fulfils the condition referred to in Article 137 (1).
More detailed provisions on the procedure for the approval of the control body, the conditions and the assessment of the conditions, the tasks and the performance of the control bodies, and the clearing obligation and its results May be issued by a decree of the Government.
Mining shall cease when the mining permit expires or is cancelled.
If the mining permit is amended in such a way that the area of the mining area or the mine area is reduced, or the content of other specific rights in the area of assistance is reduced, the following shall apply, in the case of lacquer activities, which: The end of the mining operation.
At the latest two years after the end of the mining operation, the mining operator shall carry out the mining area and the mine's auxiliary area in order to restore public safety, ensure that they are rehabilitating, cleaned and landscaped As well as the measures provided for in the mining permit and the mining safety authorisation.
The mining operator shall hold the mining minerals extracted from the mine and the buildings and structures on the surface of the land for two years from the end of the mining operation. They will then transfer to the owner of the property, which may demand their removal at the operator's expense.
By way of derogation from paragraph 1, the mining authority may temporarily prohibit the removal of buildings and constructions related to mining operations, if this complicates or jeopardises the potential future use or extraction of the mine. A temporary ban may remain in force until such time as the decision on the closure of the mining operation has been authorised.
Details of the removal of mining minerals, buildings and installations can be laid down by a decree of the Council.
The mining authority shall immediately notify the Mining Authority of the essential elements of the measures referred to in Article 143 and Article 144 (1). However, the notification shall be made no later than two years after the end of the mining operation.
The notification shall include a report on the measures taken, geological data on the mine and the mine area, and a mining map corresponding to the date of killing.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
Upon receipt of the notification referred to in Article 145, the Mining Authority shall organise the final inspection, unless it is considered manifestly unnecessary. The final inspection shall state whether the measures referred to in Article 143 and Article 144 (1) are essentially done, and shall assess the factors necessary for the protection of public and private interests.
The Mining Authority shall report on the final inspection:
(1) the operator and other interested parties concerned in particular;
2) the location of the mine and any other municipality in whose territory the environmental or safety effects associated with the cessation of mining activities may occur;
(3) to the Centre for Business, Transport and the Environment in whose territory the environmental impact of the closure of mining activities may occur;
(4) where appropriate, to other authorities of general interest in the field of activity;
5) in the Sami regions of the Sami community, in the haddock area, in the haddock area and in a special reindeer herding area for the region's palishers.
The final inspection shall be communicated in accordance with the provisions of Article 40 concerning information on the application for authorisation.
If the operator fails to comply with the obligation referred to in Articles 143 to 145, the Mining Authority shall take the necessary measures to carry out the final inspection.
An audit report shall be drawn up on the final inspection and shall indicate the conduct of the inspection and the findings of the inspection, as well as the reminders and opinions given in the main points.
More detailed provisions on the final inspection may be adopted by a Council Regulation.
The Mining Authority shall request the opinion of the mine operator and the inspection report drawn up in accordance with the opinion of the Mining Operator in accordance with Article 37, as provided for in Article 37 of the mining permit application. In the light of the opinions of the interested parties, the provisions of Article 42 shall apply.
The mining authority shall take a decision to put an end to the mining operation, where the measures referred to in Article 143 and Article 144 (1) are essentially done in so far as it is necessary to safeguard public and private interests. However, in the case of mining activities with a view to producing uranium or thorium, the mining authority shall not decide to terminate the decision before the Radiation Security Centre has identified the cessation measures for radiation and nuclear safety And approved by the Commission.
The content of the decision to terminate the mining operation shall be governed by Article 56 (1) of the decision on the content of the authorisation decision. The decision shall be accompanied by an inspection report on the final inspection.
The closure decision shall be adopted in accordance with Article 57, which provides for the granting of a permit. The decision shall be informed, in accordance with Article 58, of information on the authorisation decision.
The Mining Authority shall ensure that the decision to end the mining operation is recorded in the real estate information system.
The decision to close the mining operation shall include, in the interests of general and private interests, the provisions necessary to supplement the closure measures within the prescribed period, the monitoring of the mine and the mine area, as referred to in Article 144 (2). On buildings and structures, as well as other matters which are essential for public and private interests.
The mining operator shall have the right to enter the mine and the mine's auxiliary area in order to carry out the obligations referred to in paragraph 1.
The decision shall define the area of impact of the mine which, for reasons of public safety or the prevention of adverse effects on the environment, may be necessary to limit land use. The mining authority shall ensure that this area of influence is recorded in the real estate information system. Applications for authorisation for construction or other projects in the mine affected area shall, where appropriate, be requested by the competent authority for an opinion from the Mining Authority.
When the decision to end the mining operation is legal, the operating and management rights of the mining operator and the use of the mining and other rights to the mine area will cease. At the same time, these regions will revert to the ownership of the property.
At the end of the mining operation, the operator shall continue to comply with the provisions laid down in the mining permit or the provisions of the Mining Decision for the monitoring of the mining and mine site and the necessary The remedial measures and their costs. The operator shall have the right to enter the mining area and the assisted area of the mine in order to fulfil those obligations.
The operator shall inform the Mining Authority of any significant adverse effects of the monitoring on public safety and shall immediately take the necessary corrective measures. The Mining Authority may adopt provisions on the necessary corrective measures.
If a mine operator no longer exists, it is not intended or is not in need of compliance with the obligation and the mining area or the mine area to be monitored for reasons of public safety, monitoring and necessary corrective action. The holder of the area. However, the holder of the territory shall be responsible only if he has known or should have been aware of the condition of the area when he acquired it, and the responsibility for the monitoring and the necessary corrective measures is manifestly unreasonable. However, where the holder of the territory cannot be held liable, or it is an area where the right of management and use has been restored to the owner of the property under Article 149, the monitoring and corrective measures shall, however, be borne by the Mining Authority.
If the removal of buildings or structures is prohibited in the decision to stop the mining operation, they shall be entitled to compensation from the State for maintenance costs, as well as a potential harm to the mining operator, Damage.
The parties may agree on the amount and amount of the compensation referred to in paragraph 1 and on other matters relating to compensation. The agreement shall be made in writing.
If the compensation is not agreed, the claim for compensation shall be presented in the mining operation referred to in Chapter 8 to be held on application by the operator or the operator. The application shall be submitted within three years from the date of the closure of the mining operation. If the damage or injury occurs later, the application shall be submitted three years after the damage or injury occurs.
The Mining Authority shall have the right to obtain the information necessary for monitoring compliance with the provisions of this law from those affected by the obligations of this law.
The Mining Authority, the Centre for Enterprise, Transport and the Environment, the Safety Authority and the Radiation Security Centre shall have the right, without prejudice to secrecy provisions, to have access to prospectuses, mining and gold-related surveillance The necessary information from each other and to use the samples obtained by each other. The competent civil protection authority in the area shall have the right of access to mining safety information necessary for the protection of the Mining Authority from the Mining Authority.
Without prejudice to the confidentiality rules, the inspection bodies shall be obliged to provide information necessary for the joint operation of the control bodies to other inspection bodies referred to in this law, as well as information necessary for monitoring purposes The mining authority.
Without prejudice to the provisions of this law, the information obtained under this law shall be disclosed to the prosecutor and to the police in order to prevent and investigate the crime.
The Mining Authority shall have the right to enter the territory in which the activities referred to in this Act have been carried out or have been carried out in the past where it is necessary for the purposes of the supervision provided for in this Act, and to carry out checks, take samples and Take other measures necessary for monitoring purposes. The audit shall respect the provisions of Article 39 of the Administrative Code.
However, in the case of permanent residence, control measures may be extended only if there are reasonable grounds for suspecting that (39/1889) Article 8, Chapter 24, Articles 1 to 4, Chapter 28, Article 11, Article 35 (1) and (2), Article 1, Chapter 47, Chapter 47, Chapter 48, or Article 48 (3) (a) of Chapter 48 are necessary to establish a criminal offence.
The Mining Authority shall monitor the mines in order to ensure that the mining operator complies with the provisions of this law on mining safety and what is provided for in the mining safety authorisation.
The Mining Authority shall carry out systematic and periodic monitoring of the mines to the extent required for their operation. Instead of inspections, the Mining Authority may adopt other measures appropriate to the control of operations to ensure compliance with the Mining Safety Regulations and the Mining Safety permit.
More detailed provisions on the content, time limits and dates of control inspections and notifications to other authorities, authorities' cooperation and division of labour in the event of a serious accident or incident, and The other practical implementation of the checks may be carried out by a Council Regulation.
If necessary, the police shall be obliged to provide assistance in order to enforce compliance with the provisions of this Act and the provisions adopted thereunder. The same duty is incumbent on the customs and border control authorities in their field of activity.
The mining authority may:
(1) prohibit any breach of this law or of a provision adopted pursuant to it, from continuing or repeating a provision contrary to a provision or order;
(2) order the person in breach of this law or of an order issued under it to fulfil its obligations.
In addition, the Mining Authority may prohibit the use of the equipment or equipment of a mine which is considered to pose a serious threat to human health or safety and to order the operator to make the necessary corrections The deadline.
If the Mining Authority finds that a person responsible for the protection of the Mining Safety Authority carries out its duty in such a way that it may pose a risk to mining safety, the mining authority may order the operator to designate a new The responsible person for the qualification requirements.
The Mining Authority may temporarily prohibit a prospecting permit, a mining permit or a gold-plating licence or impose temporary restrictions if the holder of the licence concerned has not remedied the infringement or omission of Article 156 Or, if otherwise, there are grounds for suspecting that the conditions for withdrawal of the authorisation exist. The prohibition or restriction shall be valid for a maximum period until the matter of the withdrawal of the authorisation has been legally settled.
The Mining Authority shall, on a temporary basis, prohibit activities based on prospecting authorisation, mining permit or gold-plating authorisation, provided that the compensation provided for in Chapters 8 or 9 or the lodging of a security provided pursuant to Chapter 10 has been neglected. The prohibition shall remain in force until such time as the non-compliance has been remedied or the withdrawal of the authorisation has been legally settled.
The Mining Authority shall prohibit the use of the mine or part of the mine or restrict mining operations on a temporary basis if the mining safety measures or hazard analysis and assessment carried out by the mining operator Serious deficiencies have been identified or the prohibition or provision issued under Article 156 (2) or (3) has not been complied with. The prohibition or restriction shall remain in force until the matter of the cancellation of the mining safety authorisation has been legally resolved.
In the event of a serious accident or incident in the mine, the mining authority may order that the operation of the mine or part thereof be suspended temporarily until the cause of the accident or incident and the safety of the future operation The measures necessary to ensure that the necessary measures are taken. On the basis of the reports, the mining authority may carry out inspections in the mine or require an inspection of the crane and provide for a change in the mining safety authorisation. In addition, the Mining Authority may impose restrictions and conditions on the launch of mining operations following a serious accident or incident.
The Mining Authority may intensify the prohibition or orders issued under this Act by periodic penalty payments, or at the risk of being ordered or suspended in such a way as in the (1113/1990) Provides.
If the case referred to in Article 156 (1) has not been initiated on the initiative of the Mining Authority, the case may be initiated in writing:
(1) the injured party;
(2) a registered association or a foundation intended to promote the comfort of the environment, health, nature or the environment, and the environmental impact of the environmental impact in the area covered by the rules;
(3) the municipality of residence and the rest of the municipality in whose territory the harmful effects of the activity are manifold;
(4) the Centre for Business, Transport and the Environment, or any other authority of general interest in its field of activity;
(5) the Sami trial if the harmful effects occur in the Sami region of origin;
6) a village meeting if the harmful effects occur in the area of the coin.
A breach of intent or negligence
(1) Articles 9 to 11, 15 to 18, 22 to 24, 26, 29, 143-145, 150 or 168,
2) the obligation, prohibition or restriction laid down in Articles 7, 8, 112-115, 117 to 119 or 134 to 136; or
(3) Articles 51, 52, 54, 62, 125, 127, 148 or 169, or a prohibition under Article 144 (2),
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Mining regulations Infringement Fine.
However, the offence referred to in paragraph 1 (2) or (3) shall not be punishable if, taking into account the action, its harmfulness and harmfulness and other aspects of the act are of minor importance.
The prosecutor shall not press charges for an act referred to in Article 160, which only has a breach of the private interest or the right, unless the plaintiff declares it to be charged.
The decision of the Mining Authority shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) , unless otherwise specified. The competent administrative court is determined by the main part of the jurisdiction of the Administrative Court of the ore search area, the mining area or the gold-plating area referred to in the decision.
In the case referred to in Articles 70 and 131, Article 140 (2), Article 144 (2), Article 144 (2) and Articles 156 and 157 of the Administrative Court, an appeal may be lodged under the terms of the administrative law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
The fee to be charged for the decision of the Mining Authority shall be appealed in the same order as the main issue.
The decision of the mining authority on the release of the security shall not be subject to appeal.
L to 25/2015 Article 162 shall enter into force on 1 January 2016. The previous wording reads:
An appeal against the decision of the Mining Authority under this law is to be lodged in the same way as in the administrative law (18/06/1996) , unless otherwise specified. The competent administrative court is determined by the main part of the jurisdiction of the Administrative Court of the ore search area, the mining area or the gold-plating area referred to in the decision.
The fee to be charged for the decision of the Mining Authority shall be appealed in the same order as the main issue.
The decision of the mining authority on the release of the security shall not be subject to appeal.
The decision of the Council of State, which has resolved the issue of a mining licence or a mining permit, shall be appealed against, as provided for in the Administrative Loan Act, unless otherwise specified below.
The decision of the inspection body shall be subject to an adjustment as provided for in the Administrative Act.
The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 25/2015 Article 164 enters into force on 1 January 2016. The previous wording reads:
The decision of the inspection body shall not be subject to appeal. The decision of the inspection body shall be subject to an appeal from the control body within 30 days from the notification of the decision. The decision shall be accompanied by a statement of objections.
An appeal against the decision of the inspection body shall be appealed against by the administrative court as provided for in the administrative law.
The decision on the decision on a prospecting licence, a mining permit and a prospecting permit, the extension, expiry, amendment and cancellation of the authorisation, and the closure of the mining operation shall be subject to an appeal:
1) the party concerned;
(2) a registered association or a foundation intended to promote the comfort of the environment, health, nature or the environment, and the environmental impact of the environmental impact in the area covered by the rules;
(3) the location of the activity or any other municipality in whose territory the harmful effects occur;
(4) the Centre for Enterprise, Transport and the Environment and, in any case, by a public interest authority;
(5) the Sami trial, on the grounds that the activities referred to in the authorisation undermine the right of the Sami to maintain and develop their own language and culture;
6) village of haddock, on the grounds that the activities foreseen in the authorisation undermine the living conditions of the haddock area and the possibilities of living.
In addition, the Mining Authority shall have the right to appeal against a decision by which the administrative court has changed its decision or annulled the decision.
The decision of the Administrative Court on the application in accordance with this law shall be adopted after the application. The decision shall be deemed to have come to the attention of the persons entitled to appeal when it has been issued. The adoption of a decision shall be notified in advance, in accordance with Article 57 (2) of the Decision.
The administrative right shall ensure that the location of the activity and any other municipality in whose territory the harmful effects of the activity occurs, is published without delay by the decision on the decision taken in accordance with the law on public alerts Provides.
The administrative court shall communicate its decision to the appellant. In addition, the administrative court shall forward a copy of the decision to the Mining Authority and the interested parties and to the holder of the authorisation if it is not the appellant.
The administrative court decision on the administrative court in accordance with this law shall be notified as evidence of evidence as provided for in the Administrative Act.
The appeal against decisions taken in the course of the mining operation shall be valid accordingly, as provided for in Articles 89 to 93 of the redemption law.
Measures on the basis of a prospecting authorisation or a prospecting authorisation shall commence when the authorisation decision is valid and the security provided for in the authorisation has been lodged. However, where the operation of the relevant measure requires the authorisation required by other legislation, the measure shall only commence once the relevant authorisation decision is legal or has been obtained from the competent authority. Authority.
Measures based on mining authorisation shall be initiated when:
(1) the mining permit decision is final;
(2) the provisions relating to the initiation of the measures in the mine permit have been implemented;
(3) the redemption decision referred to in Article 84 is final and the final compensation provided to the holder of the authorisation has been effected;
(4) the security has been lodged in accordance with the mining permit;
(5) In the case of the measure concerned, the relevant authorisations required by law are lawful or have been obtained from the competent authority.
However, the construction and production of the mine must not start until the mining permit is legally authorised.
The complaint about the compensation provided for in the mining operation does not prevent the taking of measures based on the mining permit and the mining safety authorisation.
At the request of the applicant, the Mining Authority may, at the request of the applicant, extend the validity of the prospecting authorisation or the authorisation for gold, or in the decision on a mining permit or a mining permit, to provide that the measures identified in the authorisation May, in spite of the complaint, take a decision in accordance with the decision. Sanded does not apply to mining permission for uranium or thorium production. (27/04/1998)
A prerequisite for the provision is that enforcement does not render the appeal useless and the applicant provides a guarantee by the Mining Authority to compensate for the loss of interest and costs which the annulment of the decision or amendment of the permit provisions Can cause. The guarantee shall apply mutatis mutandis to the provisions of Chapter 10. In addition, in the case of a mining permit and a mining permit, it is necessary for the order to be taken over by the authorisation holder in accordance with Article 82, unless the areas are covered by the authorisation holder.
The Mining Authority may, by decision, issue the order referred to in paragraph 1, under the same conditions, within a period of appeal or within 14 days of the date of the lodging of the appeal separately. The procedure for examining the application shall be governed by Articles 37 to 40 and 42 of the application. The decision shall apply, as provided for in Article 56 (1), on the content of the authorisation decision, Article 57 and Article 58 of the authorisation decision. In addition, the Mining Authority shall immediately forward a copy of the decision to the administrative court concerned and to the applicants. Anyone who has appealed against the decision in question may, in administrative court, call for the annulment or amendment of the order without being individually deplorable.
The appeal court may, on appeal, annul the order referred to in paragraphs 1 and 3, or amend it, or, otherwise, prohibit the implementation of the decision referred to in paragraphs 1 and 3. In the case of enforcement of the decision on administrative law, the Supreme Administrative Court may be challenged only in the main proceedings.
The Malmings warrant and the holder of the prospecting authorisation shall carry out prospecting or gold-plating compensation no later than 30 days after the Mining Authority has issued the order referred to in paragraphs 1 or 3. The ore search allowance shall otherwise be subject to the provisions of Article 99. Otherwise, the provisions of Article 102 shall apply. The obligation to carry out the extraction shall commence when the Mining Authority has issued the order referred to in paragraphs 1 or 3. The compensation allowance shall be otherwise provided for under Article 100. (27/04/1998)
In spite of the appeal lodged pursuant to Article 144 (2) of the Mining Authority and in accordance with Articles 156 and 157, the appeal shall be complied with, unless the Court of Appeal decides otherwise.
In the event of an accident, incident and accident, the operator shall immediately inform the mining authority.
The notification shall describe an accident, incident or accident and provide information that may limit the effects of the accident or prevent incidents or accidents, and assess and limit the occurrence or potential of Extent of the damage. In addition, the notification shall include other information necessary for the control measures.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
The mining authority shall investigate the serious accident in the mine if it is necessary for the purpose of ascertaining the cause of the accident or preventing accidents. The Mining Authority may also examine other accidents and serious incidents in the mine if it is necessary to explain the cause of the accident or to prevent accidents.
Investigation of major accidents is governed by the law on accident investigation (373/1985) .
The borders of the prospecting area, the mining area and the gold-plating area shall be read in a vertical direction.
The authorisation holder may pledge the privilege of exploitation of mining minerals based on a mining permit or a prospecting certificate.
The right shall enter into force when the Mining Authority receives a written notification from the authorisation holder of the pledge. The authority shall issue a certificate to the holder of the licence.
More detailed provisions on the notification procedure may be adopted by a Council regulation.
The general criteria of the level of payment and the amount of the charges levied by the public authorities under this Act, as well as the other criteria for payments, are laid down in the State Payment Act (150/1992) .
The municipality is entitled to levy a charge on the basis of this Act, the basis of which must be borne by the State in which it is based. The criteria for the fee to be charged to the municipality are specified in a fee approved by the municipality.
The payment shall not be recovered from the proceedings initiated by the authority or the affected party. However, the payment may be recovered if the initiation of the initiation is manifestly unfounded.
Charges and costs under this Act may be charged without judgment or decision in the order in which the law on the enforcement of taxes and charges (20/2007) Provides.
This Act shall enter into force on 1 July 2011.
Before the entry into force of this Act, measures may be taken to implement the law.
This law will repeal the mining law (103/1965) (hereinafter ' the Repeal the law .
Where reference is made to the repeal of the law, the reference shall apply to this law after the entry into force of this law.
Under the repealed Law, pending cases in the Ministry of Employment and the Economy enter into force at the time of entry into force of the law. Cases shall be dealt with and settled in accordance with the provisions in force at the time of entry into force of this Act, unless otherwise specified below.
At the time of entry into force of this Act, the Security and Chemicals Agency or the Court of Justice shall comply with the provisions in force at the time of entry into force of this Act, unless otherwise specified below.
Where, after the entry into force of this Act, the Court of Appeal shall annul the decision, which shall be subject to the provisions in force at the time of entry into force of this Act, and shall refer the case back to its entirety, the case shall be dealt with and In accordance with the law.
The authority empowered under the repealed Law shall remain in force on the terms and conditions set out in the claim.
The activities under appeal shall continue to be governed by Articles 12 and 15 of the repealed Law, Article 62 (2) and Article 63. The annual amount of compensation shall be EUR 20 per hectare.
In addition, the activities carried out under the right of appeal shall be applied mutatis mutandis, as provided for in Articles 6, 12, 14 and 15 of this Act. Where gold augments are exercised under the right of power, the activities of Article 6, Article 24 (3) and Articles 27 to 30 of this Act shall also apply in respect of gold flushing. The period referred to in Articles 14 and 28 of this Act shall be submitted for the first time not later than one year after the entry into force of this Act. The period of validity of the notification referred to in Article 15 of this Law shall be submitted no later than one year after the expiry or withdrawal of the right of power.
The provisions of Articles 67, 70 and 72 of this Act shall apply to the lapse and revocation of the right of power conferred by the law to be repealed under the repealed Law.
Articles 61, 66 and 72 of this Act provide for the extension of the validity of a prospecting licence and, in the exercise of the right to gold, as provided for in Articles 65, 66 and 72 of this Act, Extension of the amber authorisation. The authorisation shall take into account the failure to comply with the repeal of the law or of the provisions or provisions adopted pursuant to Article 46 (1) (8) of this Law. The maximum period of validity of the prospecting permit shall be calculated as the period of validity of the claim.
The transfer of the right to appeal is subject to the provisions of Articles 73 and 74 of this Act concerning the transfer of a prospecting licence and a prospecting authorisation.
The amount of the mining order issued under the repealed Law shall remain in force under the conditions set out in the order. The mining operation to be carried out on the basis of a mining order shall continue to apply, as provided for in Articles 27 to 38 of the repealed Law. The mining right under the repealed Law shall remain in force under the conditions laid down in the Mining Act and the Mining Book. Mining law continues to be governed by Articles 44 and 45 of the repealed Law, as well as to the mining sector and its ancillary territory, as provided for in Article 22 of the repealed Law. The annual amount of the mining fee shall be EUR 50 per hectare. If the criteria affecting the economic value of the mining mineral have substantially changed, the interested party shall be entitled to require the mining authority to review the amount of the mining fee paid for the calendar year. The mining authority shall take into account the economic value of the mining minerals and the agreement reached by the parties in the matter.
The mining right referred to in Article 73 of the repealed Law shall remain in force on the conditions set out in the decision on the determination of the mining district. Mining law shall apply to the Mining Act (273/1943) Articles 48 to 53 of the defence fee and Article 57 are provided for, both in the mining and outside areas, as provided for in Article 20 (2) and Article 32 (2) of the Act. The initial annual amount of the defence fee is EUR 50 per hectare. The holder of a mining right shall pay the owners of the property concerned a defence fee for each year, by 31 January at the latest. However, the defence fee for 2011 must be paid by 30 November 2011 at the latest. The defence fee is paid in full to owners of real estate. Instead of a defence charge and a mining fee paid for the right of mining, the provisions of Article 100, paragraphs 1 to 3, 6 and 7 of this Act shall apply to the extraction of the mining allowance if it is required by one of the parties.
In addition, the provisions of Articles 6, 17, 18, 97, 101 and 108 to 111 of this Act, Articles 11 and 13 to 15 and Articles 171 and 172 of this Act shall apply. The right of mining may be imposed in accordance with the provisions of Article 174 of this Act. No later than two years after the entry into force of this Act, the holder of the right of the right shall explain to the mining authority how the requirements for mining safety have been taken into account. More detailed provisions on the report can be adopted by a Council regulation.
The mining authority shall, no later than three years after the date of entry into force of this Act, provide for the type and amount of the security and give the holder of the mining rights a maximum period of one year for the lodging of the security. No later than three years after the entry into force of this Act, the Mining Authority shall, in accordance with the provisions of Article 52 (3) of this Law and in accordance with Article 52 (3) of this Law, give the holder of the mining right to the holder of the Mining Right. § shall, in accordance with the provisions of Article 62 (2) and Article 127 (2) of this Law, set out in accordance with the interval between the provisions of the provisions. If the provision is not necessary for mining safety or an important public interest, it shall not be required to reduce the benefits of the mining project. The provisions of Articles 37 to 40 and 42 of this Act provide for the preparation of a mining permit application. The decision shall be subject to the provisions of Article 56 (1) of this Act concerning the content of the authorisation decision, Article 57 and Article 58 of the authorisation decision. The decision of the Mining Authority shall be brought in accordance with Articles 162 and 165 of this Act. The decision on the imposition of a guarantee shall, in spite of the appeal, be complied with, unless the Court of Appeal decides otherwise.
Notwithstanding the provisions of this Act, the extraction of calcium and dolomite may be carried out on the basis of a law which is based on an abrogation of law, provided that the quarrying has continued without interruption and the management of the areas is based on the Mining, mining company ownership or contracts with landowners.
Articles 68 to 70 and 72 of this Act shall apply to the maintenance, modification and revocation of the mining rights referred to in Article 73 of the repealed Law and Article 73 of the repealed Law. Provides. If the extension of the mining right is deferred in accordance with Article 68 (3), the provisions of Article 100 (4) to (7) of this Act shall apply, taking into account the deferrals granted under Article 50 of the repealed Law. Where there is a need to extend the area of use indicated in the Mining Convention, the provisions of Articles 69 and 72 of this Act shall apply.
However, nine years after the date of entry into force of this Act, the right of gold to be carried out shall lapse. The holder of such a mining right shall have the privilege of a gold-plating permit if the application for authorisation is made in accordance with Article 34 of this Law prior to the expiry of the mining right.
The transfer of the right of mining shall be governed by Articles 73 and 74 of this Act concerning the transfer of the mining permit.
The provisions of Article 32 (3) of this Act shall be governed by the provisions of Article 32 (3) of the Act on the privileges of the reservation. The reservation decision adopted under the repealed Act expires at the end of its validity. The reservation decision shall also lapse when the privilege is requested to obtain a prospecting authorisation as provided for in Article 34 of this Act.
The right of power conferred by the law to be repealed shall be granted by analogy to the mining permit provided for in Article 32 (2) of this Law.
In accordance with Article 44 (2) of this Law, Article 44 (1) of this Law, Article 46 (1) of the Law of the Court of Justice of the European Communities and Article 73 of the Rules of Procedure of the Court of Justice of the European Communities, Paragraphs 3 to 5 and 47 (2) and (3).
However, the right of appeal or the mining right under which gold-plating has been carried out is not an obstacle, within the meaning of Article 46 (1) (3) or (4) of this Act, to the granting of an authorisation for gold.
Articles 152 to 159 and 170 relating to the supervision and management of this law shall apply mutatis mutandis to activities carried out under the repealed Law and the Mining Right and the Mining Law referred to in Article 73 of the repealed Law.
Since the entry into force of this law, intentionally or negligently, it is in breach of the rights and mining rights conferred by the repeal of the law and the mining rights referred to in Article 73 of the repeal of the law,
(1) Articles 15, 17, 18, 24 (3), 29, 143 to 145 to 145 or 150, respectively,
2) the obligation, prohibition or restriction laid down in Articles 112 to 115, 117 to 119 or 134 to 136; or
(3) the prohibition adopted pursuant to Article 144 (2) or an order issued pursuant to Article 148 or Article 181 (4);
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Mining regulations Infringement Fine.
However, the offence referred to in paragraph 1 (2) or (3) shall not be punishable if, in the light of the act, its harmfulness and harmfulness and other aspects of it are of a minor nature.
The prosecutor shall not press charges for an offence referred to in paragraph 1, which only has a breach of the private interest or the right, unless the plaintiff declares it to be charged.
Articles 57, 58, 74 and 75 of this Act shall apply mutatis mutandis to the Mining Authority under Articles 57, 58, 74 and 75 of this Act and Articles 162 and 165 of this Act and Articles 162 and 166 thereof. The decision of the administrative court.
The appeal against decisions taken in the mining operation referred to in Article 181 (1) of this Act shall be valid accordingly, as provided for in Articles 89 to 93 of the redemption law.
THEY 273/2009 , TAVM 49/2010, YmVL 7/2010, SuVM 2/2010, EV 349/2010This Act shall enter into force on 1 January 2014.
THEY 68/2013 , MmVM 7/2013, EV 102/2013
This Act shall enter into force on 1 July 2014.
THEY 60/2014 , TaVM 4/2014, EV 50/2014
This Act shall enter into force on 1 September 2014.
THEY 214/2013 , YmVM 3/2014, EV 67/2014
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
