Law No. 40 Of 16 February 1998 Approving Government Emergency Ordinance Nr. 51/1997 Concerning Certain Protective Measures And Closure Of Mines

Original Language Title:  LEGE nr. 40 din 16 februarie 1998 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 51/1997 privind unele măsuri de conservare şi de închidere a minelor

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071203/-lege-nr.-40-din-16-februarie-1998-pentru-aprobarea-ordonanei-de-urgen-a-guvernului-nr.-51-1997-privind-unele-msuri-de-conservare-i-de-nchidere-a-mine.html

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Law No. 40 of 16 February 1998 approving the Emergency Ordinance of Government No. 51/1997 concerning certain protective measures and closures of mines published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 87 of 24 February 1998, the Romanian Parliament adopts this law.


The sole article approving Government Emergency Ordinance nr. 51 of 18 September 1997 concerning certain protective measures and closures of mines, published in the Official Gazette of Romania, part I, no. 245 of 19 September 1997, with the following amendments and supplements: 1. Title of the Ordinance shall read as follows: "an Emergency Ordinance on the conservation and the cessation of activities of some me" 2. Article 1 shall read as follows: Art. 1.-until the entry into force of the law on mines, mining operators in the sector, are in one of the situations referred to in article 1. 2, will require national agency for mineral resources, cessation of mine with the prior opinion of the Ministry of industry and trade. "
3. Article 2 shall read as follows: Art. 2.-termination of the mines can be decided in one of the following situations: a) remotely exploitable reserves of mineral resources have been exhausted;
  

b) continuing exploitation has become impossible due to natural causes;
  

c) exploitation has become waste;
  

(d) lack of demand) products. "
  

4. Article 3 shall read as follows: Art. 3.-termination For mines, businesses are required to draw up the technical documentation, and an economic plan for the cessation of the activity. "
5. Article 4 shall read as follows: Art. 4.-termination of the activity plan of the mines will comprise primarily the following documentation: a) technical program or closure through decommissioning, where appropriate;
  

(b) ecological reconstruction) programme or, where appropriate, on the prevention of environmental damage as a result of the cessation of mining;
  

(c) social protection program) to redundancy after decommissioning;
  

d) funding sources necessary to cover the costs of closure, resulting from technical decommissioning program or conservation, the environmental remediation and since social protection programme, to be secured from own sources and from budgetary allocations. "
  

6. Article 5 shall read as follows: Art. 5. (1) within 30 days after the submission by the economic operator to request the termination of activity of mines, National Agency for mineral resources will assess the public appeal of the offer, according to the law, to be granted to legal persons or associations of employees appliant where appropriate, exploitation of perimeters for failing.

(2) the license shall be granted in written form and shall enter into force on the date of its publication in the Official Gazette of Romania governmental decision approving it.
  

(3) the operating License will refresh and it will have validity and after entry into force of the law of mines. "
  

7. Article 6 shall read as follows: Art. 6.-If, within 30 days after the public release of call offer any legal person or Association of employees do not express interest, National Agency for mineral resources shall submit for approval to the Government's decision to close the mine. "
8. Article 7 shall read as follows: Art. 7. — (1) in the case of mines closed, fixed assets and the means made available will be valued in accordance with the law.

(2) Some economic agents subunits undergoing final closure may reorganize as private companies with state capital, which will be subject to privatisation, or, where appropriate, can be sold as an asset, with priority under the law, employees ' associations in the field, at their request.
  

(3) this right can benefit all employees made redundant through restructuring, according to the Government's Emergency Ordinance No. 9/1997 and Ordinance No. 22/1997. "
  

This law was adopted by the Chamber of deputies at its meeting on 21 October 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting on 3 February 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE PRESIDENT-— — — — — — — —