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The Depths Of The Earth

Original Language Title: Par zemes dzīlēm

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The Saeima has adopted and the President promulgated the following laws: the depths of the Earth, chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) Oh, grod-grod of strengthened water intake installation of groundwater capture;
2) Oh, nailed or drilled, with pipes fixed water intake installation of groundwater capture;
3) soil — the top loose layer of the Earth's crust that formed in atmospheric and biological factors and having a natural fertility;
4) often common mineral resources — common in the territory of Latvia and sufficient quantity of existing mineral resources;
5) mineral resources — inorganic or organic origin formations (including groundwater), which are practically feasible and cost-effective;
6) mineral deposits — natural mineral collection, which the quantity, quality and mining conditions are evaluated and that practical use is possible;
7) mineral deposits of cadastral data on collection, mineral deposits and their stocks;
8) mineral inventory balance for data collection for a specific time period for mineral mining, stock losses and the remaining mineral stocks;
9) geological information — data about the structure of the subsoils, and resources;
10) prospecting, geological research complex: mapping, mineral deposits and assessments, hydrogeological, inženierģeoloģisk, thematic and other work;
11) Fund — the subsoils, all used and disused ground subsoil in Latvia, regardless of their nationality (the owner) and continental shelf depths;
12) easements — the meaning of this law: 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;
13) national mineral resources — hydrocarbons (oil and natural gas) and underground waters;
14) national mineral deposits or the national significance of the subsoils nogabal — cabinet location set, which provides the country's stocks of or more of its regions, where the valid minerals, or Cabinet set the crust on the station, which has an especially important role in the national economy, defence and other areas;
15) 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;
16) of the subsoils: evaluation of properties of subsoils, mineral extraction and use properties of subsoils;
17) use of 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;
18) evaluation of properties of subsoils, all geological research complex that is made to clarify the structure of the subsoils, condition, composition and properties;
19) crust, Earth's outer solid part, which in Latvia is the thickness of 40-64 km;
20) subsoils monitoring — observation of the situation of the subsoils, control, analysis and forecasting system.
 
2. article. The action of the law this law determines the order in which to package the subsoils, rational and environment-friendly, as well as the use of subsoils and protection requirements.
 
3. article. Property rights (1) the Earth and all the mineral resources that are located, belongs to the land owner.
(2) the landlord may dispose of the land as far as the depths this law and other laws and regulations restrict their rights.
Chapter II of the subsoils Fund supervision article 4. The subsoils Fund oversight bodies (1) the use of the subsoils Fund monitoring, regardless of their nationality (the owner's) legislation in the order made on behalf of the environment and regional development Ministry and the other under their authority, supervision and held by the institutions, as well as the cases stipulated in this law, the County and city authorities.
(2) 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 regulate and ensure the rational use of subsoils and its supervision. National Geology service governed by this law and the regulations of the Cabinet of Ministers approved.
(3) 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 in the fifth subparagraph, of this article and article 10, second paragraph under certain circumstances;
2) controls the mineral deposits of conditioning.
(4) the Government released for the functions necessary expenses from fees received for the use of the subsoils permits (licences).
(5) permission (license) to use the subsoils, if mineral deposits in several parish and city administrative territory or municipality to use the easement rights, issued by the National Geology Department.
 
5. article. Use the subsoils adjustment form (1) the protection of the environment and regional development Ministry in this law and other laws in the order on behalf of the State, regulating the use of the subsoils: 1) mineral inventory;
2) draw up the mineral deposits of the cadastre and the mineral inventory balance sheet;
3) mineral extraction;
4) develop standards (norms, rules) in the subsoils of prospecting and exploitation and protection as well as safety rules the use of subsoils.
(2) the Cabinet has the right to legal and natural persons-owned land and subsoil law cases, saddled with the State the necessary property rights aprobežojum.
(3) the national security, the environment and the protection of the subsoils, national mineral and ore, as well as the national significance of the subsoils nogabal, nationally significant structure installation and operation of the owners can dispose of land according to the law "On property expropriation in public and social needs".
 
Chapter III use of the subsoils article 6. Use the subsoils fundamentals (1) Earth's non-renewable value that is to be used at the same time the owner of the land, the State and society.
(2) the value of the subsoils are not included in the cadastre value of property, and the depths of the earth do not pay property tax. Users of the subsoils personal needs Earth of their property or use the existing land use, free of charge. The use of the subsoils profit purposes is permitted, if the appropriate permission (license), in article 10 of this law.
(3) the use of the subsoils followed specially protected natural areas and objects of protection and terms of use, rules on the protection of cultural monuments, as well as the use of the subsoils restrictive rules.
(4) ensuring the rational use of subsoils, and protection of national and local authorities in this Act and other legislation in the cases and in the order may restrict, suspend or terminate any legal and physical persons in the use of the subsoils.
 
7. article. The use of the subsoils target uses of the subsoils are: 1) take the prospecting, exploration, scientific research, professional training and to create a monitoring of the subsoils;
2) to get the valid minerals;
3) make the underground construction and operation of buildings, which are not related to the extraction of mineral resources;
4) to create the specially protected natural areas and objects;
5) make recreational, tourist and therapeutic measures;
6) get a mineralogical, palaeontological material and other geological collection.
 
8. article. Users of the subsoils Earth subsoil use: 1) land owner;
2) person with land granted permanent use;
3) the legal or natural person, also a foreign national or a foreign legal person with the land owner concluded an agreement.
 
9. article. Use of subsoils and deadlines (1) use of the subsoils are: 1) the perpetual use;
2) termiņizmantošan.
(2) perpetual use of Earth can put the underground structures construction and operation, which are not related to the extraction of mineral resources, as well as other State and public needs (special protection of geological objects, scientific or teaching the nature of landfills, natural monuments and other special underground or surface formations).
(3) in the Earth's Termiņizmantošan can pass: 1) geological research, for a period up to 5 years;
2) mineral extraction, for a period of up to 20 years;
3) geological research and subsequent mineral extraction, for a period of up to 25 years.

(4) the time the subsoils and shall use the subsoils permission (license).
 
10. article. 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 permit (licence) issued by the National Geology Department or county or city government. Municipalities issued permits (license) this law, in article 4, the third part of the cases. In other cases, permission (license) issued by the National Geology Department.
(2) the national mineral and ore, as well as the national significance of the subsoils nogabal shall lay down the procedure for the use of the Cabinet of Ministers regulations.
(3) ground water may be used only if the consent to use of waters (except in the case specified in article 11). Water use permit issued by the regional environmental governance.
(4) permission (license) is provided for a fee. The amount and payment procedures for the use of the subsoils and subsoils authorization (license) issued is determined by the Cabinet of Ministers regulations.
(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.
(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 established can also hold a tender or auction the subsoils in obtaining rights to use his land. Such a tender or auction, and its provisions should be harmonised with the Geology Department of the State and the municipalities.
(10) the use of the subsoils permission (license) issued a tender or auction establishes general procedures Cabinet of Ministers.
 
11. article. The use of the subsoils without use of the subsoils permission (license) of the land (natural persons) and persons that have been assigned a permanent land use, pursuant to article 6 of this law, in the third paragraph, the requirements above, you can use the Earth's own land ownership boundaries without use of the subsoils permission (license) and paid in the following cases: 1) of the Act set out in the annex to common mineral extraction, except for those transactions is a business;
2) installing and using 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 ground surface to the deepest place for personal use, as well as water drains drainage needs of surface water drainage.
 
12. article. Easement rights to the use of the subsoils (1) national road service and the national forest service has the right to use the easement mineral occupied land where mineral resources are required for road construction, repair and maintenance.
(2) the County and city municipalities have the right to use the easement mineral occupied land where mineral resources are required for road construction, repair and maintenance, utilities or municipality-owned building.
(3) For the first and second part of servitude referred to the establishment of the Cabinet of Ministers shall decide in each individual case.
(4) remuneration to the owner of the above land servitude be on the agreement. If no agreement is reached, the amount of remuneration shall be determined by the Court.
(5) an Easement, the easement after the user provides the ground conditioning.
 
13. article. Subsoils user right to the users of the subsoils have the following rights: 1) use Earth's business activities (business) that is specified in the subsoils authorization (license);
2) use the use of the subsoils obtained under permission received (license) and existing laws;
3) use mineral mining and processing the by-products obtained in the course of the authorization (license) is not restricted;
4) propose permission (license) to review the issuing permit (license), if the conditions specified in the use of the subsoils progresses reveals circumstances that differ significantly from the authorisation (licence) specified;
5) get permission (license) the extension or new permission (license), if properly adhered to previous authorization (license) the conditions and if it is authorized by the land owner concluded the use of the subsoils.
 
14. article. Subsoils users responsibilities user subsoils are obliged: 1) to comply with the legislation requirements, standards, rules, permissions (licenses) conditions and other provisions, relating to the use of the subsoils;
2) to comply with valid mining regulations and safety rules;
3) geological subsoils research, provide geological documentation preparation and ensure its preservation;
4) submit national geology service authorization (license) in the order and timing of geological information as well as data on mineral reserves and their components;
5) regulations in order to submit the necessary reports on the use of the subsoils;
6) to comply with the standards, rules and regulations governing the protection of the environment, the protection of cultural monuments, land transformation, as well as structures, and other objects of protection, and prevent the use of the subsoils have left harmful effects on them; subsoils users do not have to take responsibility for previous users my deviations from the standards, rules and regulations;
7) remove and save the fertile soil of the conditioning part;
8) at his own expense to rekultivē use of subsoils resulting in damage of the parcel in the permit (license) within the time limit specified;
9) pay all damages caused to their land as a result of your use of the deep subsoils owners, users, the environment, cultural monuments;
10) to stop the use of the subsoils where science, culture and environmental protection, geological formations, important meteorites, archaeological or other objects, as well as immediately to report the discovery of permission (license) to the vendor, the regional environmental authority or national cultural monument protection Inspectorate, as well as the national geological service. If further use of the subsoils are endangering or damaging these objects, use the subsoils. Subsoils discontinuation of the user of the subsoils damage recoverable by law "on land-use and land-use planning".
 
Chapter IV protection of the subsoils article 15. The main requirements for the protection of the subsoils key requirements in the protection of the subsoils are: 1) the subsoils full and complex research;
2) rational quarrying, as well as deposits occurring subproducts;
3) use of subsoils, and to prevent adverse effects on mineral reserves and the characteristics of the subsoils;
4) use the subsoils, preventing pollution in the underground and above-ground structures and storage contained environmentally hazardous substances, as well as waste water;
5) regulating the use of subsoils and control.
 
16. article. The restriction of the use of the subsoils, suspension or termination (1) use of the subsoils permission (license) holder can be limited if revealed in new circumstances that preclude the future use in full permission (license) the rights specified.
(2) the use of the subsoils may be suspended if: 1) use of the subsoils in violation of a permit (license) or other use of the subsoils regulatory normative acts requirements;
2 use the subsoils) results in a danger to public health, life, the environment and property;

3) of subsoils in consequence of the use or location of use in extreme situations (floods, fires, etc.);
4) change of user subsoils (suspension is in effect until a new use of the subsoils permission (license) to receive);
5) use the subsoils are endangered as a result of cultural monuments.
(3) the use of the subsoils are interrupted if: 1) permission (license) the specified date;
2) user subsoils voluntarily renounces the further use of the subsoils or goes out of business;
3) year of permission (license) received are not initiated the use of the subsoils;
4) of Earth is used for purposes other than specified in the permit (licence), or is in violation of article 11 of this law;
5) land is seized, State or public needs;
6) systematically violates the use of subsoils and their protection.
(4) the use of the subsoils are 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 part of this article 1.-3. in the cases referred to in paragraph 1 with the country's Geology Department, regional environmental authorities or environmental State Inspectorate's decision, but the third paragraph of this article 5. in the case referred to in paragraph 1 in accordance with the signed agreement or, having been convicted by a law; the use of the subsoils are suspended in the second paragraph of this article 5 in the case referred to in the paragraph, with the Ministry of culture national cultural monument protection Inspectorate's decision, but the third part of this article 4 and 6 in the cases referred to in paragraph — on the basis of a court ruling. Regional environmental management or environmental State Inspectorate may suspend use of the subsoils of this article, in the cases referred to in the second subparagraph. Authorities may suspend use of the subsoils of part two of this article 1, 3, and 4. in the cases referred to in point. Authorities can stop the use of the subsoils referred to in the third subparagraph. Persons whose rights are infringed may require restricting the use of the subsoils, suspension or discontinuance of the Court in other cases, if the use of the subsoils of breach of the provisions of this law.
 
Article 17. Mineral area building of distribution conditions (1) examining the settlements, industrial or recreational complex, as well as other objects of construction projects, environmental protection authorities, or at the area assessed the Earth is not a national mineral deposits.
(2) the national mineral deposits or the national prevalence of subsoils nogabal Plaza building, as well as the design of underground structures and construction only after national geology service authorisation.
 
18. article. The use of the subsoils and control of protection (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), the issuing of environmental protection and regional development Ministry, the State environment inspectorate, as well as regional environmental management.
(2) the district, city and county governments by matching with the protection of the environment and regional development Ministry of the order may take local measures for the protection of the subsoils and controls of the Act.
 
Chapter v the liability for violations in the use of the subsoils and damages article 19. Responsibility for the irregularities in the use of the subsoils of legal and natural persons, through the Earth, 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 to criminal, administrative, disciplinary or civil liability.
 
20. article. Damages (1) apart from prosecution at the criminal, administrative, disciplinary or civil liability for fault under specific taxi (rate) to pay the damages caused to the depths of Earth.
(2) the Earth's depths of loss suffered by the methodology and rates of reimbursement (rate) determines the protection of the environment and regional development Ministry in coordination with the Ministry of finance after.
(3) regardless of the perpetrators of the prosecution, it must avoid the depths of Earth damage.
 
21. article. Responsibility for previous land owners and land users deep injury (1) land owner who restored property rights in land or land from new ownership transferred in accordance with the law "On land reform in the cities of the Republic of Latvia" and "On the privatization of land in rural areas", is not responsible for previous land owners or users of the subsoils damage land and Earth.
(2) the owner of the subsoils or subsoils user can prevent damage to the Earth and the depths of the earth caused by other people before land acquisition, at its own expense, through conditioning and purification. In this case, it is indicated in the subsoils authorization (license) and is accordingly reduced fee for this permission (license).
(3) land reform during the land owners should pay the costs of the Court when they travel to the Court of Justice for damages against the authorities who granted permission of the unjustified use of the subsoils, or against persons who have used arbitrary landlords land subsoil.
 
22. article. The use of the subsoils and informational base of protection (1) the use of the subsoils and informational base of protection formed the basis of prospecting, scientific research, the results of the monitoring of the subsoils, as well as to mineral mining and other Earth science as a result of your use of the findings.
(2) geological exploration, scientific research and monitoring of the subsoils are made by the State, municipalities, the subsoils of the users or owners of the order.
(3) State and local government-owned land in the geological exploration and scientific research is carried out in accordance with geological and scientific research programs, and State and local governments received the order. Legal and physical persons in existing land these jobs are carried out in accordance with the research programmes or received national, municipal, subsoils, or the users of the land order and with land owners or users of the subsoils agreed times (intervals).
(4) persons who carry the subsoils of prospecting, exploration, scientific research as well as monitoring of subsoils, and thrifty care must be provided for the environment and land owners and users of the subsoils.
(5) prospecting, research, as well as the results of the monitoring of the subsoils in damage recoverable by law "on land-use and land-use planning".
 
23. article. Use the basic geological information (1) prospecting and scientific research, as well as the results of the monitoring of the subsoils, or other use of the subsoils of information owned by the State, if these works are carried out on the State budget or local government funds. If the information obtained by the legal or natural person order and means it belongs to the legal or natural person.
(2) a municipality, any legal or natural person order, order, financing or the use of the subsoils in the resulting information must be handed over to the State the National Geology Department, concluded a contract for its use.
(3) geological information owner may not prohibit the use of the information, if they do not use can result in potential environmental danger, environmentally hazardous situations or situations of ecological disasters.
(4) the use of geological information in general terms are determined by the Cabinet of Ministers.
 
Chapter VI final provisions article 24. Dispute procedures disputes arising over the use of the subsoils are processed in accordance with existing laws.
 
Transitional provisions 1. With the entry into force of this law shall lapse by law on the approval of the code of the subsoils "of subsoils of Latvia (the Latvian SSR Supreme Council and Government Informant, 1976, 1980, 23 No; 9. No; 1982, 52. no; 1985, nr. 1; 1988, no. 1).
2. the Cabinet of Ministers within six months after the entry into force of this law confirms the national mineral deposits.
3. national mineral deposits for the approval of the list of national mineral deposits constitute the Council of Ministers of 13 November 1991, in decision No. 316 "About the meaning of the industrial mineral and peat deposits in the approval list," meaning that the industrial mineral deposits.
4. the 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 the subsoils.
Annex common mineral list

1. Clay 2. Sand, gravel.
3. Loose the freshwater kaļķiež.
4. the peat deposits to 5 hectare area belonging to one owner of the property.
 
The Parliament adopted the law of 2 May 1996.
 The President g. Ulmanis in Riga on 21 May 1996 in