Amendments To The Law "on The Earth"

Original Language Title: Grozījumi likumā "Par zemes dzīlēm"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/212863

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on Earth" make law "depths of the Earth" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 13; 1999; 2000, no. 6, no. 18; 2005; 2006, 2 No No 22; 2009, 14. no) the following amendments: 1. Replace the entire law, the words "geological study" (fold) with the words "geological exploration" (fold).
2. in article 1: to make paragraph 6 by the following: "6) mineral extraction-job complex mineral separation from their natural environment;"
Replace paragraph 9, the words "geological study" targeted "a targeted prospecting";
Express 12 and 13 the following paragraph: "12) prospecting, geological work of all kinds, including geological studies, the purpose of which is to clarify the structure of the subsoils, composition, characteristics, status, as well as mineral and subsoils of valid properties and the disposition of the spread patterns;
13) water hole, with pipes fixed water intake installation of groundwater capture; ";
to express the point 20 as follows: "20) Earth — the part of the Earth's crust below the soil, inland and marine waters up to depth, where economically and technically feasible its use."
3. Supplement article 3, second subparagraph, after the words "land owner" with the words "or his duly authorised person, if the land owner is the State or a municipality (hereinafter referred to as the authorised person)".
4. Article 4: make the first paragraph by the following: "(1) the use of the subsoils Fund oversight regardless of nationality (the owner's) legislation in the order on behalf of the State: 1) the Ministry of the environment, its subordinated bodies and the State limited liability company" Latvian environment, geology and Meteorology Centre ";
2 the Ministry of Economics);
3) local authorities. ';
make the third paragraph as follows: "(3) the Ministry of the environment provides the Foundation of the geological subsoils and rational utilization of monitoring controls."
5. Article 5: make the first part of paragraph 4 and 5 by the following: "4) obtains, collects geological information and store it in geological State Fund;
5) organised by the national geological mapping of the territory. "
to supplement the article with the fourth paragraph as follows: "(4) cabinet: 1) determines the order in which the State limited liability company" Latvian environment, geology and Meteorology Centre "accepts the mineral inventory and coordinate water borehole and source Passport;
2) confirm with the mineral inventory and accept water borehole and source coordination related to the Passport charge price list. "
6. Article 6: make the second paragraph, the second sentence by the following: "land owner or authorized person of his earth's land use limits free of charge in accordance with article 11 of this law.";
turn off the second part of the third sentence;
make the third paragraph as follows: "(3) the users of the subsoils Earth subsoil use, subject to the requirements of the law on the protection of cultural monuments, environmental impact assessment, specially protected natural territory protection and use, as well as other environmental protection legislation."
7. Make 7, 8 and 9 of the article as follows: "article 7. Use of the subsoils in the use of the subsoils are: 1) the geological, hydrogeological, inženierģeoloģisk, ģeoekoloģisk, or ģeofizikāl research;
2) subsoils monitoring system or monitoring;
3) mineral exploration or extraction, search;
4) valid properties of subsoils;
5) bore, preservation and liquidation of the installation, except the hole installation, using the Earth this article 1 and referred to in paragraph 2.
8. article. Users of the subsoils (1) Earth subsoil use: 1) land owner or legal possessor;
2) land owner's authorized person;
3) person who with land owner or authorised persons, concluded the contract, with the use of the subsoils. This contract is a prerequisite for the use of the subsoils license or common mineral mining permissions. If the Cabinet where the use of the subsoils licence is issued for the use of the subsoils throughout Latvia, agreement with the land owner or authorized person shall be concluded before the commencement of the use of the subsoils.
(2) domestic public waters of the Earth using a person's use of the subsoils issued a license or authorization of use of natural resources. The use of the subsoils order public waters down the Cabinet.
(3) the territorial sea of the Republic of Latvia and in the exclusive economic zone of the Cabinet of Ministers in areas of land licenses subsoil use a person's use of the subsoils issued a license or authorization of use of natural resources. The use of the subsoils order Latvian territorial sea and the exclusive economic zone shall be determined by the Cabinet of Ministers.
9. article. The time the subsoils in the subsoils of the use license or common mineral mining permit is issued, as well as State or local land use subsoils rent or put in service on the following dates: 1) the geological, hydrogeological, inženierģeoloģisk, ģeoekoloģisk or ģeofizikāl to research, mineral exploration, Earth Science monitoring system or for monitoring the performance, for a period of up to five years;
the exploration of hydrocarbons-2) for a period of up to 10 years;
3) mineral search — for a period of up to five years;
4) borehole installation, preservation or destruction, for a period of up to one year;
5) mineral extraction or of valid properties of subsoils for use, for a period of up to 25 years;
6) prospecting and subsequent mineral extraction or of valid properties of subsoils for use, for a period of up to 30 years. "
8. Article 10: make the first part of paragraph 3 of section "c" by the following: "(c)) where valid mining obtained municipality";
Add to paragraph 3 first subparagraph with "d" and "e" in subparagraph by the following: "(d)) in the case of Earth used in public waters, the territorial sea of the Republic of Latvia and in the exclusive economic zone, e) in all other cases. ';
make the second paragraph as follows: "(2) Cabinet cases relating to State or municipal owned land use subsoils license quarrying, except the extraction of hydrocarbons, or common mineral mining permit is issued to the person who won the contest or an auction for land lease rights and license or permit application.";
to supplement the article with 2.1 and 2.2 the part as follows: "Cabinet of Ministers (21) to determine where the license to be released for the use of the subsoils throughout Latvia.
(22) the use of the subsoils in public waters, the territorial sea of the Republic of Latvia and in the exclusive economic zone of the subsoils use license issued by tender. ";
make the third paragraph as follows: "(3) the national significance of the subsoils of use nogabal use of subsoils license issued by tender. Contest rules are developed and approved by the national environment service. ";
express the sixth part as follows: "(6) the use of the subsoils license and common mineral mining permissions forbidden to pledge, sell, bestow, change or otherwise disposed of. If you change user subsoils, earlier issued a licence or permit shall lapse, and the new holder of the subsoils are eligible to receive a new licence or permit without competition (auction) if he takes the previously issued licence or authorisation. Of the activities of prospecting, exploring for and producing hydrocarbons can dispose of the license in accordance with the thirteenth paragraph of this article. ";
replace the words "eighth of the subsoils national nogabal" with the words "national nogabal" of the subsoils;
to make the ninth subparagraph by the following: "(9) ground water use, if consistent water borehole or a spring passport or accepted the underground water deposits and deposits received a passport. Environmental law cases before the water started to receive water use permit or an authorization for the activity of the pollutant. ";
make the eleventh subparagraph by the following: "(11) the valid minerals, excluding hydrocarbons and ground water is obtained, if accepted, mineral deposits received a passport and developed mineral mining project (if the use of the subsoils regulatory legislation provides that such a project is needed). Passport content is determined by the Cabinet of Ministers. "
to supplement the article with the thirteenth and fourteenth part of the following:

"(13) of the activities of prospecting, exploring for and producing hydrocarbons can dispose of the licence. Of the activities of prospecting, exploring for and producing hydrocarbons acquiring the licence must comply with the Cabinet's requirements and must assume all the obligations set out in the licence. Issuing the new licenses for hydrocarbons, exploration and mining licenses for acquiring a licence shall be issued under the same conditions, without changing the previously issued licence term. Licensee change the procedure and conditions regulated by the Cabinet of Ministers.
(14) for the right to use land subsoil, excluding hydrocarbons, exploration and extraction, public waters, the territorial sea of the Republic of Latvia and in the exclusive economic zone of the subsoils users pay an annual fee to the general public in the national cabinet and set. "
9. Article 11: make the first paragraph by the following: "(1) the land owner or authorized person's Earth, except hydrocarbons, their land ownership boundaries used without the use of the subsoils license or common mineral mining permissions in the following cases: 1 getting this law) under annex examples often valid mineral in the area up to 0.5 hectares and a depth of up to 2 metres if the findings are valid minerals used their land ownership;
2) installing and using grod wells and water bores up to 20 metres in depth, where 24 hours is expected to acquire a maximum of 10 cubic meters of ground water. "
to turn off the second part.
10. Add to article 11.1 of the third paragraph as follows: "(3) If the installation of surface ūdensobjekt, bottom cleaning, or as a result of deepening mineral resources are obtained, use the subsoils license receipt when: 1) surface of the fitting, the bed of the ūdensobjekt clean or deepen mineral deposits included in the register of mineral deposits in the territory;
2) one or more of the surface course of ūdensobjekt installation intended to get mentioned in the annex to this law, valid minerals more than 20 000 cubic metres;
3) installation of surface course of ūdensobjekt designed to get valid minerals other than those referred to in the annex to this law. "
11. Add to article 12.1, third and fourth subparagraph by the following: "(3) the prospecting work in the interests of society and the State of national significance of nogabalo in the subsoils of subsoils licence the use of this law, article 8, paragraph 3, first subparagraph of the said agreement is not necessary, except in the new hole shall be provided for research purposes or research jobs will be injured land owner. The prospecting work and site user subsoils landowners concerned shall be informed in writing at least two weeks before work.
(4) of this article, the remuneration referred to in the second subparagraph shall be paid if the user subsoils that law duly received a license to the use of the subsoils, carried out geological surveys of public and national interest of national importance of subsoils nogabalo. "
12. in article 13: (1) be expressed as follows: "1) use Earth's depths of subsoils license or common mineral extraction activity specified in the permit;"
supplement paragraph 5, after the words "land owner" with the words "or persons".
13. in article 14: (1) be expressed as follows: "1") to comply with the requirements of the laws on the use of the subsoils license, common mineral mining permit or extraction of natural resources permit conditions, doing work related to the use of the subsoils; ";
Replace in paragraph 4, the word "component" with the word "Properties";
9. turn off the point.
14. Article 16 be expressed by the following: ' article 16. The restriction of the use of the subsoils, suspension, or cancellation of license (1) the national environmental service shall decide on the restriction of the use of the subsoils or suspension if it finds that a violation of the use of the subsoils license, common mineral mining permissions or use of subsoils regulatory legislation, as well as when using the subsoils results in threats to human health, the environment or property. National environmental service's decision may be challenged by environmental monitoring national Office. Environmental monitoring national Office's decision may be appealed to the Court of Justice of the administrative procedure law.
(2) the national cultural monument protection Inspectorate proposes the use of the subsoils license or common mineral mining permissions vendor limit or suspend the use of the subsoils, if it is endangered cultural monuments.
(3) the use of the subsoils license or common mineral mining permit revoked, if the issuing of licences or authorization recipient: 1) during the year from the use of the subsoils license (except license mineral extraction), the date of its entry into force does not initiate the use of the subsoils;
2) within a period of three years from the relevant licence or permit its entry into force does not start the extraction of mineral resources (except hydrocarbons extraction);
3) use of Earth in a way not specified in the use license of the subsoils;
4) repeatedly violates the requirements of the laws regarding the use of the subsoils and protection or use of the subsoils license or common mineral mining permit conditions.
(4) the national environmental service's decision on the use of the subsoils license revocation may challenge the environmental monitoring national Office. Environmental monitoring national Office's decision may be appealed to the Court of Justice of the administrative procedure law.
(5) the decision on the common mineral mining licence can be a challenge and appeal to the law "on local governments" and the administrative procedure law.
(6) the application of this article, the decision on restricting the use of the subsoils, or stop or use the subsoils licenses or common mineral mining licence to contest or submission of application to the Court for annulment of the decision, or the recognition of the validity of this decision suspends unlawful activity. "
15. off article 20.
16. Article 22: make the first paragraph by the following: "(1) geological information is collected and stored in geological information system. It includes prospecting, scientific research, the results of the monitoring of subsoils, and mineral mining and other Earth science as a result of your use of the data obtained. National geological information system owned by the State, it manages the State limited liability company "Latvian environment, geology and Meteorology Centre". ";
turn off the fifth.
17. in article 23: put the name of the article as follows: "article 23. Geological information system and framework ";
make the second paragraph as follows: "(2) a municipality, any legal or natural person irrespective of the mode of financing of the work of the subsoils resulting in the use of geological information must be surrendered to a State public limited liability company" Latvian environment, geology and Meteorology Centre "person, free of charge, concluding a contract for its use. Information obtained prospecting of hydrocarbons, as well as the results of the activities of prospecting, exploring for and producing hydrocarbons, the State limited liability company "Latvian environment, geology and Meteorology Centre" shall also submit to the Ministry of the economy. State limited liability company "Latvian environment, geology and Meteorology Centre" information collected, processed and stored, as well as its accessibility. ";
Express 3.1 and the fourth paragraph as follows: "(31) geological information system is in the public domain. This system includes a national geological foundation, the archives, the geological library of technical literature, drilling cores storage and collection, created for national budget designed electronic system of information and other data.
(4) the geological information systems content and terms of use are governed by the Cabinet of Ministers. "
18. transitional provisions: exclude paragraph 13;
transitional provisions be supplemented with 15, 16, 17, 18, 19 and 20 as follows: "Cabinet of Ministers to 15, 2011 September issue 1 article 5 of this law, the provisions referred to in the fourth paragraph.
16. The Cabinet of Ministers until 2011 to September 1 article 8 of this law shall be issued in the second and third part in these provisions.

17. The Cabinet of Ministers until 2011 to September 1 article 10 of this law shall be issued in the second and eleventh in the part, as well as the fourth paragraph of article 23 of these rules. Until the date of entry into force of the provisions, but not longer than until 1 September 2011 is applicable to the Cabinet of Ministers on 21 June 2005 Regulation No 448 ' rules on national mineral deposits and their use, national mineral policy, as well as the use of the subsoils authorization or issue a tender or auction procedures "and the Cabinet of Ministers of 24 April 2007 rules No. 280" to use the subsoils and common mineral mining permit and geological information use General order "in so far as they do not conflict with this Act.
18. The Cabinet of Ministers until 2011 to September 1 issue this law article 10 referred to in the thirteenth. Until the date of entry into force of the provisions, but not longer than until 1 September 2011 is applicable to the Cabinet September 4, 2007 no 597 of the rules "rules for the search of hydrocarbons exploration and exploitation, and the arrangements for payment of the State fee and the amount of" to the extent they do not conflict with this Act.
19. The Cabinet of Ministers until 2010 December 31 issue 10 article this law 2.1 and the fourteenth part of these provisions.
20. Article 10 of this law, fourteenth paragraph shall enter into force on January 1, 2011. "
The Parliament adopted the law of June 17, 2010.
President Valdis Zatlers in Riga V 2010 on July 7