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Amendments To The Law "on The Earth"

Original Language Title: Grozījumi likumā "Par zemes dzīlēm"

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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) the following amendments: 1. Replace the entire law, the word "institution" (fold) with the word "authority" (the fold).
2. in article 1: replace paragraph 5, the word "Cadastre" by name "registry";
make paragraph 6 by the following: "6) mineral extraction-job complex mineral deposits to obtain;";
Add to article 15.1 and 15.2 of the point as follows: "151) — the underground construction of artificial tunnels, caves, trunks, shelters, as well as hydrocarbons and carbon dioxide storage in geological structures;
152) valid subsoils qualities — rock physical properties (porosity, permeability, density, izolētspēj, thermal energy, etc.), as well as the geological structures that you can use in the economy; "
turn off 16;
Replace paragraph 21, the words "the properties of subsoils" with the words "valid properties of subsoils".
3. Express article 2 by the following: ' article 2. The purpose of the law the purpose of the Act is to provide a complex of subsoils, rational, environment-friendly and sustainable exploitation, as well as to define the requirements for the protection of the subsoils. "
4. Article 4: make the first part of paragraph 1 by the following: "1") the Ministry of the environment and its subordinated institutions; "
replace the first subparagraph of paragraph 3, the words "County and city" with the word "local";
to make the second, third, fourth and fifth paragraph as follows: "(2) the competence of the institutions of this law and other laws, as well as the Cabinet approved the relevant ministries and institutions (institutions) regulations and other legislation.
(3) the Latvian environment, geology and Meteorology Agency provides Fund subsoils geological monitoring and rational use of the subsoils.
(4) the Ministry of economy in the Cabinet of license plots cabinet order issued for hydrocarbons, exploration and mining permits (licenses), as well as of the activities of prospecting, exploring for and producing hydrocarbons administrative oversight.
(5) local governments in their administrative areas: 1) cabinet order and subject to the Latvian environment, geology and Meteorology Agency in certain mining limits, shall authorise the common mineral production, with the exception of this law article 10, first paragraph, point 3 of the "a" and "b" in certain cases;
2) controls the mineral mining site conditioning. ";
replace the sixth paragraph, the words "the use of the subsoils permits (licences)" with the words "common mineral mining permissions";
off the seventh part.
5. Article 5: make the first paragraph by the following: "(1) the Latvian environment, geology and Meteorology Agency in this law and other laws in the order: 1) accepts and lists the mineral inventory;
2) shall draw up a register of mineral deposits and mineral inventory balance sheet;
3) mineral (except hydrocarbons) abstraction limits;
4) obtains, collects and stores information on geological;
5) carried out geological mapping of the territory of the country. "
replace the second paragraph, the words "property rights" with the words "aprobežojum property aprobežojum".
6. To make article 7 by the following: ' article 7. Use of the subsoils in the use of the subsoils are: 1) the geological, hydrogeological, inženierģeoloģisk, ģeoekoloģisk and ģeofizikāl research, scientific research, training, monitoring the subsoils and;
2) mineral extraction or of valid properties of subsoils;
3) the underground structures construction and operation, which are not related to the extraction of mineral resources;
4) recreation and tourism activities;
5) material acquisition, palaeontological and mineralogical geological collection;
6), use the bore hole, preservation and liquidation. "
7. Express article 8 paragraph 3 by the following: "3) the legal or natural person to the land owner concluded the contract, with the use of the subsoils. This contract is a prerequisite for the use of the subsoils permission (license). "
8. Article 9 shall be expressed as follows: "article 9. The use of the term subsoils beneath the subsoil use may refer to the following limits: 1) the geological, hydrogeological, inženierģeoloģisk, ģeoekoloģisk and ģeofizikāl research, research work, vocational training, monitoring the subsoils, construction and recreational and tourist activities, for a period of up to 5 years;
2) mineral extraction, the valid properties of subsoils, the underground structures construction and operation, which are not related to the extraction of mineral resources, — for a period of up to 25 years;
3) prospecting and subsequent mineral extraction or of valid properties of subsoils for use, for a period of up to 30 years;
mineralogical, palaeontological 4) and other geological collection building, for a period up to 2 years. "
9. Express article 10 by the following: ' article 10. The use of the subsoils (1) launch of the subsoils may be use only if the use of the subsoils permission (license) cabinet order (except in the case referred to in article 11). Such permission shall be issued: 1 (licence)) local authorities — article 4 of this law in the fifth part of the cases;
2) Ministry of Economics — this law, article 4, fourth paragraph, of the cases;
3) Latvia-environment, geology and Meteorology Agency: a) if the common mineral deposits within the administrative territory of several municipalities, b) if mineral deposits in addition to frequently occurring beneficial minerals have accepted another mineral inventory, c) in all other cases.
(2) the Cabinet cases relating to State and local government property in the areas of land use of the subsoils permission (license) issued by tender or auction in order.
(3) mineral extraction wells of national importance, as well as the national significance of the subsoils of use nogabal use of subsoils permission (license) issued by tender or auction in order.
(4) the use of the subsoils permission (license) and the passport issued for deposits. Fee and payment arrangements determined by the Cabinet of Ministers.
(5) if the use of the subsoils of valid minerals for use in municipal road maintenance, utilities or buildings owned by them, then based on local demand and identifying these necessary mining limits the use of the subsoils permission (license) to the municipalities for their property, or in permanent use for State and local Government transferred land areas shall be issued free of charge.
(6) the use of the subsoils permission (license) is prohibited to be sold, gifted, pledge, or otherwise dispose of change. Users of the subsoils in the event of a change of earlier issued a permit (license) shall cease to apply, but the new users of the subsoils, taking the previously issued permit (licence) obligations, you can get new permission (license) without competition (auction). Exploration and production of hydrocarbons in issued permits (license) by the user changing the order of the Cabinet of Ministers.
(7) the national mineral deposits of national importance, the use of the procedure and of the activities of prospecting, exploring for and producing hydrocarbons arrangements as well as the rules on the protection of the environment for hydrocarbons and mining works at sea are governed by the Cabinet of Ministers. Cabinet of Ministers regulations govern the State interest in the use of mineral order when a plot of land and national mineral mining guards owner are one and the same person.
(8) the subsoils of national provisions on the use of nogabal for each nogabal separately determined by the Cabinet of Ministers.
(9) ground water may be used if the received water use permit, (A) or (B) pollutant categories authorized or polluting activities of category C attestation in accordance with environmental protection legislation.
(10) the use of the subsoils permission (license) issued a tender or auction the General arrangements as well as of the activities of prospecting, exploring for and producing hydrocarbons licensing procedures shall be determined by the Cabinet of Ministers.
(11) for the use of the subsoils permission (license) any valid minerals (except hydrocarbons), is to receive the Latvian environment, geology and Meteorology Agency prepared lookup Passport content shall be determined by the Cabinet of Ministers. "
10. Article 11 shall be expressed by the following text: "(1) the owner of land and permanent users, pursuant to article 6 of this law referred to in the third subparagraph, may use their own Earth's land boundaries without use of the subsoils permission (license) in the following cases:

1) specified in the annex to this law, common mineral extraction, except for those transactions is a commercial nature;
2) personal use when installing and using the grod, nailed and drilled wells — up to 20 metres in depth, various building (basement, tanks, etc.): the depth of up to 5 meters from the original ground surface it deeper into space, as well as water drains drainage needs of surface water drainage.
(2) the Latvian environment, geology and Meteorology Agency of this law, article 7(1) of the subsoils in applications may use them without the use of the subsoils permission (license) before notifying the owner of the land. "
11. To supplement the law with article 11.1 of the following: ' article 11.1. The use of the subsoils, obtaining a valid minerals underground and above-ground structures during construction (1) where the underground and above-ground structures, including the construction of ponds and other bodies of water in the bed of ūdensobjekt, surface cleaning or result is deepening in the mineral resources and are expected to be realised, then the regional environmental management of natural resources issued a permit.
(2) the underground and above-ground structures construction, surface cleaning or ūdensobjekt bed of the deepening jobs which result in mineral resources obtained less than 1000 cubic metres in volume, in the first paragraph, specific permission is required. "
12. off 12.
13. To supplement the law with article 12.1, as follows: "article 12.1. Subsoils of property rights of aprobežojum national nogabalo of subsoils (1) of the subsoils property aprobežojum can be established on the national significance of the subsoils nogabalo, if the public and the public interest require the subsoils of valid properties or get ground water. For each of the subsoils property aprobežojum and subsoils, or their properties to a Cabinet of Ministers shall decide separately.
(2) the order in which the owner of the land and paid remuneration calculated on property rights aprobežojum determined in accordance with the first paragraph of this article shall be determined by the Cabinet of Ministers. The amount of remuneration payable on property rights aprobežojum, a written agreement be concluded. "
14. Article 14: express the following in paragraph 2: ' 2) to comply with the Cabinet of Ministers approved mineral mining; ";
Replace in paragraph 4, the words "national geology service" with the words "Latvian environment, geology and Meteorology Agency";
Replace paragraph 10, the words "regional environmental administration" with the words "the State Environment Department" and the words "national geology service" with the words "Latvian environment, geology and Meteorology Agency".
15. in article 16: put the name of the article as follows: "article 16. The restriction of the use of the subsoils, suspension or cancellation of a permit (license) ";
to make the fourth subparagraph by the following: "(4) the use of the subsoils (except hydrocarbons, exploration and extraction) are: 1) limited this article in the case referred to in the first paragraph with the Latvian environment, geology and Meteorology Agency or national environmental service;
2) stopped the second paragraph of article 1, 2, 3 and 4 in the cases referred to in paragraph with the Latvian environment, geology and Meteorology Agency or national environmental service; the second paragraph of this article 5 in the case referred to in the paragraph, with the national cultural monuments protection inspectorates or the national environmental service; the second part of this article 1, 3, and 4. in the cases referred to in point — with the decision of the local government;
3) stopped the third subparagraph, in the cases referred to by the authorities or the Latvian environment, geology and Meteorology Agency decision; the third paragraph of this article, 1., 2., 3., 4. and 5. in the cases referred to in paragraph 1, with the Latvian environment, geology and Meteorology Agency or national environment service. ";
to supplement the article with the fifth and sixth the following: "(5) of the activities of prospecting, exploring for and producing hydrocarbons permission (license) is restricted, suspended or withdrawn in the cases referred to in this article with the permission (license) issued a decision by national authorities in charge of the proposed legislation.
(6) the use of the subsoils permission (license) issued by them withdrawn if: 1) use the subsoils are suspended in accordance with the provisions of this article;
2) within a period of three years from the permission (license) from the date of receipt is not launched mineral extraction or interrupted and not resumed within one year. "
16. Replace article 17, the words "national geology service" with the words "Latvian environment, geology and Meteorology Agency".
17. the express article 18, first and second subparagraph by the following: "(1) the use of the subsoils and protection control in this law and other use of the subsoils regulatory laws duly made use of the subsoils permission (license) or the issuing State environmental service.
(2) the municipality after the reconciliation with the national environmental service may take local measures for the protection of the subsoils and to control their use under this Act. "
18. Replace article 23, the words "national geology service" (fold) with the words "Latvian environment, geology and Meteorology Agency" (fold).
19. transitional provisions: Express 4 by the following: "4. Cabinet of Ministers within six months after the entry into force of this law, shall draw up rules concerning the national mineral and ore, as well as the national significance of the nogabal use of the subsoils; rules on of the activities of prospecting, exploring for and producing hydrocarbons licensing procedures, as well as of the activities of prospecting, exploring for and producing hydrocarbons rules. ";
transitional provisions be supplemented with 5, 6, and 7, paragraph by the following: "5. the Cabinet of Ministers until new rules into force, but not longer than until 1 July 2005 has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers of 8 July 1997 of Regulation No 239 of subsoils" terms of use ";
2) the Cabinet of Ministers of 5 September 2000, the provisions of no. 307 "national mineral and ore, as well as the national significance of the subsoils nogabal procedures for the use of";
3) the Cabinet of Ministers of 28 November 2000 No. 412 of the rules "rules for the protection of the environment for hydrocarbons and mining works in the sea";
4) Cabinet February 8, 2000, the provisions of no. 51 "of the activities of prospecting, exploring for and producing hydrocarbons";
5) Cabinet of Ministers of February 8, 2000, the provisions of no. 52 "of the activities of prospecting, exploring for and producing hydrocarbons licensing tender".
6. The Cabinet of Ministers to the 2005 September issue 1:1) of the Act in the second paragraph of article 12.1 these provisions;
2) of this Act article 14, paragraph 2 these provisions.
7. in the case of the subsoils of valid use of properties launched prior to 16 December 2004, adopted the law on the amendment of the date of entry into force of the subsoils users should not receive the use of the subsoils permission (license) to the contract for the use of the subsoils. These users to subsoils permission (license) to be followed for the use of the subsoils of regulatory legislation, as well as to provide the relevant environmental protection authority all use of subsoils related geological information. "
20. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 30 May 1994, Directive 94/22/EC on licensing and terms of use of the prospection, exploration and production of hydrocarbons."
21. Annex: make (2) of the following: "2. the sand, sand-gravel.";
Supplement to annex paragraph 5 by the following: "5. the Loam, sandy loam, silt."
The law adopted by the Parliament in the December 16, 2004.
State v. President Vaira Vīķe-Freiberga in Riga 2004 December 28 Editorial Note: the law shall enter into force on 11 January 2005.