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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) the following amendments: 1. Express article 1 by the following: "article 1. The terms used in the law, the law is applied in the following terms: 1) soil — the top loose layer of the Earth's crust that formed in atmospheric and biological factors and having a natural fertility;
2) often common mineral resources — common in the territory of Latvia and sufficient quantity of existing mineral resources;
3) mineral resources — inorganic or organic origin formations (including groundwater), which are practically feasible and cost-effective;
4) mineral deposits — natural mineral collection, which the quantity, quality and mining conditions are evaluated and that practical use is possible;
5) mineral deposits of cadastral data on collection, mineral deposits and their stocks;
6) mineral extraction: a commercial interest in the fields to work in complex, which aims to get valid minerals;
7) mineral exploration license area to: geological, ģeofizikāl, ģeoķīmisk and technical work whose objective is to define the quality of mineral deposits and stocks, as well as to assess mineral deposits of commercial significance;
8) mineral inventory balance for data collection for a specific time period for mineral mining, stock losses and the remaining mineral stocks;
9) mineral search: geological studies targeted to find future prospects for mineral deposits;
10) Oh-grod grod strengthen water sampling rig groundwater capture;
11 geological information) — the data on the structure of the subsoils, and resources;
geological studies, 12) all types of geological work, the purpose of which is to clarify the structure of the subsoils, composition, characteristics, status, as well as mineral and useful properties of subsoils in the distribution and disposition patterns;
13) or drilled into the UK — with the pipes fixed water intake installation of groundwater capture;
14) license area-specific uses of the subsoils provided the subsoils station (unit) or more precinct (block) or part of a collection that is defined the boundaries of the subsoils authorisation (licence) or common mineral mining permissions;
15) hydrocarbons — raw petroleum (crude oil), natural gas and gas condensate;
16) easement — the rights to use the Earth's depths, when property rights to them are limited in terms of use of any of the particular person for the good;
17) national mineral resources — hydrocarbons [crude oil (crude oil), natural gas] and underground waters (fresh, mineral water, thermal water and industrial water);
18) national mineral deposits — Cabinet fixed deposits, located in the territory of Latvia or the exclusive economic zone and which items to public or more of its regions, where the valid minerals;
19) the national significance of the subsoils nogabal: the Cabinet set the crust on the station in the territory of Latvia or the exclusive economic zone, which is the specific properties of subsoils and whose use may be especially important to the national economy, defence and other areas;
20) Earth — part of the Earth's crust below the soil and surface waters up to depth, where economically and technically feasible for geological studies, mineral extraction or exploitation;
21) of the subsoils: geological studies, mineral extraction and use properties of subsoils;
22) the use of the subsoils permission (license), the document that certifies the holder's right to use the Earth's limits, specific purpose, in a certain way and a certain period of time, subject to the specified requirements and regulations;
23) crust, Earth's outer solid part thickness 40 – 64 km in Latvia;
24) Fund — the subsoils used and not all land in the territory of Latvia, the subsoil and the exclusive economic zone, regardless of their nationality (the owner);
25) subsoils monitoring — observation of the situation of the subsoils, control, analysis and forecasting system;
26) subsoils fund national geological monitoring, legislation established a system of measures which the task is to ensure compliance with legislation, regulations, documents and permits (licences) the use of the subsoils (mineral geological research compliance program and evaluation of the results achieved, the mineral inventory and accounting acceptance). "
2. To make article 4 by the following: "article 4. The subsoils Fund oversight bodies (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 protection of the environment and regional development Ministry and under its authority, supervision and held by the institution;
2 the Ministry of Economics);
3 the County and municipalities).
(2) the competence of the institutions of this law and other laws, as well as the Cabinet approved the Ministry and the State Geological Service's regulations and other laws.
(3) the National Geology Department is the protection of the environment and regional development Ministry in monitoring public administration institution, which, according to their competence to ensure rational use of the subsoils and subsoils fund national geological monitoring. National Geology service governed by this law and the regulations of the Cabinet of Ministers approved.
(4) the Ministry of economy in the Cabinet of license plots Cabinet organized in the order of the activities of prospecting, exploring for and producing hydrocarbons permission (license) issued tender and served these permissions (licenses), as well as of the activities of prospecting, exploring for and producing hydrocarbons administrative oversight.
(5) the County and city governments in their administrative areas: 1) cabinet order and the protection of the environment and regional development Ministry in the volumes of issued permissions (licenses) common mineral use annual quota and limit, except for the seventh part of this article and article 10, second paragraph under certain circumstances;
2) controls the mineral deposits of conditioning.
(6) the local government passed to the function to execute the necessary expenses from fees received for the use of the subsoils permits (licences).
(7) if the mineral deposits in several parishes and city administrative territory or municipality to use the easement rights, use of the subsoils permission (license) issued by the national geology service. "
3. in article 5: replace the title the word "regulation" with the word "monitoring";
replace the first paragraph, the word "controlling" with the word "monitoring";
make the first part of paragraph 3 as follows: "3) mineral (except hydrocarbons) abstraction;".
4. Make article 9, third subparagraph of paragraph 2 and 3 as follows: "2) mineral extraction, for a period of up to 25 years;
3) geological research and subsequent mineral extraction, for a period of up to 30 years. "
5. Express article 10 by the following: ' article 10. The use of the subsoils (1) launch of the subsoils may only if the appropriate permission (license) cabinet order (excluding article 11 in certain cases). The use of the subsoils permission (license) issued: 1) the county or municipal — this law, article 4 of the fifth part of the cases;
2) Ministry of Economics — this law, article 4, fourth paragraph, of the cases;
3) National Geology Department-in all other cases.
(2) the national mineral and ore, as well as the national significance of the subsoils nogabal procedures and the use of the activities of prospecting, exploring for and producing hydrocarbons order is determined 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.
(3) ground water may only be used if the water use permit (except in certain cases article 11). Water use permit shall be issued by the regional environmental governance.
(4) the use of the subsoils permission (license) shall be issued for a fee. Fee and payment arrangements determined by the Cabinet of Ministers.
(5) the free use of the subsoils permission (license) issued by the County and city governments in their possession or use existing standing in national and local government area, on the basis of this local demand and abiding mining volumes, if use of the subsoils of the valid use of the mineral resources for road maintenance, regional planning, as well as the buildings owned by the municipality.

(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 the existing permit (license) shall cease to apply, and the new user should receive a new permit (licence) in law. The user of the subsoils, permission (license) holder or business property in the event of a change in the permit issued earlier (license) shall cease to apply, and in this case, the new owner of the company, taking the existing permission (license), you can get new permission (license) without competition (auction). Exploration and production of hydrocarbons in issued permits (license) owner change can happen with the consent of the Cabinet.
(7) the State and local governments in the area of land owned by the use of the subsoils permission (license) issued by tender or auction in order. Tender or auction can participate in any legal or natural person, foreign legal and natural persons.
(8) land owners (except State and local) use the subsoils permission (license) it owned in the land issue, on the basis of the request and the abiding mining volumes. This procedure does not apply to cases where the use of the national mineral resources and deposits, as well as the national significance of the subsoils nogabal. The land owner (except for national and local authorities) of the subsoils exploitation rights may be transferred to other legal and natural persons concluding the contract, which is a prerequisite for the use of the subsoils permission (license).
(9) the land (except the State and municipal) legislation in order to organise a competition or auction the subsoils in obtaining rights to use his land. Such a tender or auction and its provisions incompatible with the country's Geology Department, and relevant authorities.
(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 tender procedures shall be determined by the Cabinet of Ministers. "
6. in article 16: turn off the second part of paragraph 1, the word "other";
adding to the fourth subparagraph, the first sentence after the words "the use of the subsoils" with the words "(except for hydrocarbons, exploration and exploitation);
Add to fourth after the fourth sentence with the following text: "the use of the subsoils prospection, exploration and production of hydrocarbons is limited to this article, in the case referred to in the first paragraph of this article, the second part 1.-4. in the cases referred to in point and stopped the third paragraph of this article 1.-3. in the cases referred to in paragraph 1 with the permission (license) issued the decision after a national authorized institution proposed legislation."
7. Express article 19 by the following: ' article 19. Responsibility for the irregularities in the use of the subsoils persons using the Earth's depths, is in violation of this law and other laws, as well as officials, contrary to this law and other legislative requirements by the use of the subsoils permission (license), called at the statutory responsibility. "
8. Make the text in article 20 the following: "(1) apart from prosecution at the administrative or criminal liability of the user shall indemnify subsoils beneath the depths of the damage.
(2) the land loss caused to the depths of the reimbursement methodology and taxi (rate) is determined by the Cabinet of Ministers.
(3) regardless of the subsoils of prosecution by the user must take measures to reduce or eliminate the damage caused by the Earth's depths. "
9. Express article 23, second subparagraph by the following: "(2) a municipality, any legal or natural person irrespective of the type of financing of the work of the subsoils resulting in the use of geological information must be handed over to the State the National Geology Department, concluded a contract for its use. National Geology service information obtained a complex geological research, as well as of the activities of prospecting, exploring for and producing hydrocarbons, shall also be submitted to the Ministry of the economy. "
The Parliament adopted the law on 11 February 1999.
The President g. Ulmanis in Riga in 1999 on February 24.