Law No. 61 of 5 March 1998 the law of mines published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 113 of 16 March 1998, the Romanian Parliament adopts this law.
This law regulates the conduct of mining activities in Romania, harnessing natural resources, stimulating public property of the State. The law ensures maximum transparency of mining activities and fair competition, without discrimination between types of ownership, origin and nationality of capital market operators.
Investments in mining are encouraged through taxation and facilities, being free of any constraints in terms of return on investment and the use of the profit realised.
Chapter 1 General provisions Article 1 mineral resources situated within its territory and in the basement of the country and of the continental shelf in Romania's economic zone in the Black Sea, delineated according to the principles of international law and the rules and regulations of international conventions to which Romania is a party, are the subject of public property and belong to the Romanian State.
Article 2 (1) mineral resources that are the subject of this Act are: coal, iron ore, non-ferrous metals, aluminium and aluminifere rocks, noble metals, radioactive, rare-earth and stray, haloide salts, the useful minerals, rocks, gems, and gemstones, peat, sludge and therapeutic turbele bituminous rocks, non-combustible gases, waters, gases that accompany them and heat from geothermal systems, flat waters waters, mineral waters, as well as Thermo-residual products from minero-metallurgical dumps, tailings ponds and other deposits.
(2) the provisions of this law shall also apply to groundwater exploration activities, reserves and assessment records.
Article 3 for the purposes of this law, the following terms relating to mineral resources and mining activities are defined as follows: 1. mining activity-ensemble works concerning prospectiunea, exploration, development, exploitation, processing, extraction, concentration, and metal mining products;
2. the right of Administration granted by the State, by the competent authority, a public institution, to conduct mining activities on the basis of a licence;
3. the competent National Authority-the Agency for mineral resources, which means, in the field of mineral resources, the interests of the State;
4. the mining cadastre-specialized document representing the specific work taken as a whole, of the economic, technical, legal and other information relating to the perimeter set up;
5. book-keeping-mining document through which the identification, recording and mapping maps and cadastral plans of all jobs with the mining and geological character of all the mining land and other immovable property within a perimeter of exploitation, which includes the entirety of the legal documents of any kind relating to a perimeter of prospecting, exploration and exploitation of or in connection with this and all data related to land property, the topographic situation of perimeter and all existing mining facilities and works within it, to the reserves and production of crude on each type of mineral resource;
6. the competent authority issued the write-regulations to grant the concession;
7. mining right granted to concession-State, by the competent authority, a concessionaire to perform mining activities on the basis of a licence;
8. concessionaire-holder to whom is granted the concession of mining;
9. development of the work as a whole consists of the realization of the mines and quarries, building and installation of specific equipment installations and other utilities necessary for extraction, processing, transport, storage, mining products, provisional in specific forms completed and final waste products;
10.-Assembly works executed in the underground and/or the extraction of mineral resources, processing and delivering them into specific forms;
11.-Assembly of studies and activities for identification of ore, quantitative and qualitative evaluation of these, as well as determining the technical and economic conditions of use;
12. national geological fund all of the data in relation to the mineral resources of the country, obtained from petroleum and mining activities, irrespective of the nature of the support;
13. the national reserve all the highlighted and reserves recorded by the competent authority for each type of mineral resources of the country, determined according to special regulations;
14. force majeure unforeseeable event, inevitable and insurmountable that generates temporary or definitive inability of execution, partial or total, of the obligations of the holder of the licence;
15.-legal act concluded between the write and concessionaire, in pursuit of mining activities, according to the provisions of this law;
16. the environment-conditions and ensemble elements defined under the law on environmental protection no. 137/1995, which may be affected by mining activities;
17. radioactive ore-accumulation of uranium, thorium, in the form of natural chemical compounds;
18. the Ministry of the body of the central public administration, with powers and jurisdiction in the field of mineral resources;
19. the perimeter of the prospecting, exploration and exploitation-appropriate area to contour surface protection section of the Earth's crust, in whose territory, on a range of depth, it carries out prospecting, exploration works, respectively, as well as areas for the activities of mining, processing and preparation of mineral resources located in out zacamantului;
20. operating permit-legal document issued by the competent authority granting the right of occupancy of the amounts determined for rocks, peat and alluvial gold;
21. permit for prospecting-legal document issued by the competent authority granting the right to perform prospecting;
22. pillar-that portion of the reserves of mineral resources or from surrounding rocks that do not withdraw within a specified period or on a permanent basis and not execute works, in order to protect the works of underground mining, or at the area perimeter, water banks and other targets on the surface;
23. termination of the activity plan-technical documentation, economic, and social environment that motivates the closure of exploitation and contains the necessary actions to ensure the funding and implementation of effective measures for the cessation of the activity;
24. environmental remediation plan-environmental restoration measures within the perimeter of the operation, in accordance with the law on environmental protection no. 137/1995;
25. mining mining production-product marketed by the holder;
26. the residual product-by-product miniero residual iron deposited in the dumps, tailings ponds and other deposits, resulting from the extraction, mining and metallurgical process preparation of mineral resources;
27. prospecting studies and ensemble-works area shall be carried out to identify existing opportunities some accumulations of mineral resources;
28. royalty payment to the State-reported the value of mining production gained offsetting declining consumption, representing the reserves of mineral resources;
29. mineral resource-natural substance from the Earth's crust, formed as a result of geological processes, usable, or processing, in economic and social activity;
30. book-zacamant, determined by quantitative and qualitative exploration and exploitation, having established the technical and economic conditions of use;
31. the holder is a legal person, any Romanian or foreign mining activities that may be carried out on the basis of a licence;
32. zacamant-natural accumulation of mineral resources, valorificabila from technically and economically.
Article 4 (1) mining Activities are carried out by legal entities which are registered in accordance with the law and are specialized in conducting such activities or organised for this purpose.
(2) mining Activities can be carried out by natural persons, pursuant to article. 18-20 of this law.
(3) mining Activities are carried out only in premises approved for that purpose by the competent authority, with the exception of those referred to in paragraph 1. 2. Article 5 (1) all data and information, regardless of method of storage, with regard to mineral resources, determined pursuant to article 51. 1, will be made available to the competent authority and belong to the Romanian State.
(2) legal persons who perform activities freely and without any feature mining of data and information, only in their own interest, throughout the duration of the mining activity.
(3) the transmission by third parties to data and information on mineral resources from Romania is made with the agreement of the competent authority.
(4) data and information relating to mineral resources, through their content, fall under a special law, may circulate only in accordance with its provisions.
Article 6 (1) access to the land necessary to carry out mining activities is done according to the law, by: a) the sale and purchase of the land and, where appropriate, building located on these legal acts through at the price agreed between the parties;
b) exchange of lands, accompanied by displacement of the affected owner and reconstruction of buildings on land newly granted at the expense of holder benefiting from the land issue;
c) fixed term rental of land, for the establishment, on the basis of contracts concluded between the parties;
d) expropriation for public utility cause, according to the law;
It's publicly owned land concession);
f) Association between the landowner and the licensee, through its contribution to the share capital, with the equivalent value of the land;
g) other procedures provided by law.
(2) mining activities over land needed to be implemented besides the exploitation and land required for the exploration works and any other activities they involve is hereby, in favour of the holder a right of easement, as appropriate.
(3) the exercise of the right of easement established by paragraph 1. (2) shall be made against payment of an annuity on an annual basis by the owners of the land affected by it.
(4) the duration is that of servitude legal mining activities, and the land to be affected will be determined, in respect of the areas and the owners, and the principle of the smallest possible brought touches of ownership.
(5) access to land affected by legal rights is determined through negotiations between the holder of the mining activity and land owners, with due regard for the principle of equal treatment and fairness.
(6) Any dispute between holders of mining activities and land owners resolve by the competent courts, in accordance with the law.
(7) In case of sale of assets expropriated under the conditions of paragraph 1. (1) (a). d), previous owners or, where appropriate, their successors have a right of preemption, where the goal will be notified about the conditions of the sale, administratively and through advertising.
(8) access to land are located historical monuments, cultural, religious, archaeological sites of special interest and nature reserves to deal with the opinion in law enforcement agencies.
Chapter 2 implementation scheme worth of mineral resources Article 7 mineral resources are put in value through mining activities that are concesioneaza companies and corporations, as well as Romanian or foreign legal persons or to the administration of public institutions by the competent authority, in accordance with the present law.
Article 8 (1) Prospectiunea is carried out on the basis of a non-exclusive licence issued, on application, for a perimeter of geometric shape with sides oriented North-South and Southwest, defined by the coordinates topogeodezice.
(2) the size of the perimeter of the prospecting is the multiple minimum 45 km2 area.
(3) the licence shall be issued for prospecting for a maximum of 3 years, with payment of annual fee beforehand.
(4) license prospecting does not derive any rights licence of exploration and/or exploitation.
(5) the permit Holder shall submit to the competent authority of prospecting and documentation regarding the work done and the results obtained, as well as a final report comprising the investigation methods applied and the results obtained.
Article 9 (1) Exploration is carried out on the basis of an exclusive licence granted, on request, to the Romanian or foreign legal persons concerned, selected through competition offer half-yearly by the competent authority on the basis of a programme of work and the provision of bank guarantees for the restoration of the environment.
(2) Exploration License shall be granted, in accordance with the law, for all mineral resources existing within the perimeter, not later than 180 days after the date of notification of the offer, but no longer than 30 days from the date of notification of the outcome of this competition.
(3) Exploration License shall be granted for a maximum of 5 years, with extension for a maximum of 3 years, with payment of annual fee beforehand.
(4) the size of the exploration area is the multiple of the minimum of 10 sq km and will be reduced by 50% after the first 2 years, and a further 25% of the original perimeter, after 4 years.
(5) the perimeter of the exploration is rectangular with sides oriented North-South and East-West, and is defined by the coordinates topogeodezice.
(6) the licensee shall submit exploration competent authority documentation regarding the work done and the results obtained and a final report containing the applied methodology, the work to be performed and the results obtained.
(7) at the request of the holder of the exploration licence, he shall be entitled to obtain operating license for any mineral resources discovered under this law.
Article 10 (1) mining is carried out on the basis of an exclusive licence is granted for all mineral resources from a perimeter.
(2) the license shall be granted for exploitation: the exploration licence holder), at his request;
b the winner of a design contest) public offer, organised by the competent authority under the present law.
(3) the license shall be granted for exploitation, through negotiation, on the basis of a request accompanied by: a) the feasibility study to ensure the protection of natural resources and harnessing zacamantului;
b) development plan of operation;
c) environmental impact study, approved by law;
d) environmental remediation plan, backed by a bank guarantee, based on the value of the development plan and environmental impact study, calculated on the basis of the rules adopted in accordance with the present law.
(4) the license shall be granted for exploitation up to 20 years, with extension for successive periods of five years.
(5) the holder of the licence of mining will pay an annual fee on the surface and a mining royalty, according to this law.
Article 11 (1) the license shall be terminated in written form; license for exploitation, shall enter into force after its approval by the Government.
(2) the provisions of the licence shall remain valid for the duration of the Administration, under the conditions existing at the time of conclusion.
Article 12 commencement of mining activities is provided for in the license authorizes in writing by the competent authority, not later than 60 days after the grant of license.
Article 13 (1) the foreign legal Persons who have obtained the right to perform mining activities are obliged, within 90 days after the entry into force of the licensee, to establish and maintain for the duration of the concession a branch or a subsidiary in Romania.
(2) where two or more foreign partners acquired mining rights collectively about the same perimeter, establishing and maintaining a branch or subsidiary in Romania returns only the company designated to represent their interests.
Article 14 (1) the holder of a licence may transfer to another person of acquired rights and legal obligations, only with the written approval of the competent authority. Any transfer made without written approval is null and void.
(2) Release License Management is not transferable.
Article 15 within a perimeter of tenure may be granted by the competent authority, in accordance with the law, legal persons, other than the holder of the licence, the right of exploration and/or exploitation of some minerals, with the consent of the proprietor.
Article 16 the right obtained by putting under management or concession, as distinct from the ownership of land, may not be in any way affected by the holder for the benefit of a third party, except under the terms of art. 14. Article 17 operating Rights obtained by license may constitute a guarantee for bank loans and eventual execution of mining activities set out in the report, with the written approval of the competent authority.
Article 18 (1) usable in construction and Rocks spooks peat can be extracted by the operators, in amounts determined for a limited period and on the basis of operating permit issued by the competent authority. The permit shall be issued to the first applicant is a physical person or legal entity.
(2) For the exploitation of sand and gravel from riverbeds, mining permits shall be issued after obtaining approvals under the laws in force in the field of water management.
(3) Designate for granting the right of exploitation shall be determined through the permit and shall renew annually by the competent authority, at the request of the person concerned.
(4) in order to obtain the permit, applicants are required to pay tax on the business of mining and mining redeventei in accordance with the law. Payment is made at the date of issue of the permit, and the redeventei, stages, during the validity of the permit.
Article 19 usable in construction, Rocks clays, Sands, gravels, andesites, bazalturi, limestone, tufuri, as well as peat and mineral water springs, located on of land in private property, can be used by the owner of the surface only for their own needs, without paying fees and legal fees.
Article 20 (1) recovery of gold from sediment carried in out concessions, is done by individuals, on the basis of an operating permit issued by the competent authority.
(2) natural persons authorised for recovery of gold from sediment shall be obliged to pay taxes and fees provided for by law.
Article 21 mining Concession or lease Mining Administration ceases by: a) expiry for which authorization was granted;
(b) renunciation by the proprietor) licence, under the conditions laid down in article 21. 22;
c) withdrawal of the concession by the administration or the competent authority, in accordance with the provisions of art. 23-25;
d) in the case of survenire by events constituting force majeure causes set forth in the license.
Article 22 (1) the holder of the licence may waive it if, at the date of the notification by the competent authority of the surrender, meets the following conditions: (a) (b) cumulatively) provides the competent authority with documentation concerning the work done up to the date of the surrender and the results thereof;
b) make available to the competent authority the amount of the equivalent value of the works specified in the environmental remediation and not executed.
(2) the authority shall verify compliance with the conditions of competence referred to in paragraph 1. (1) within 60 days after the date of notification of the surrender.
(3) upon expiry of the 60 days referred to in paragraph 1. (2) a license is revoked, if the competent authority has not communicated a refusal or, where this is required to issue its decision for the termination of the concession, or with the effect of the payment of the completion of the term.
(4) In case of refusal of the competent authority, the holder may ask the Court of arbitration or court finding of carrying out unilateral cancellation of the licence conditions.
(5) where the Court or the arbitration board establish conditions unilaterally annulled the licence, the competent authority shall issue the decision for termination of the concession, or with effect from the date of remaining final and irrevocable judgment.
Article 23 license holder of Authority withdraw jurisdiction punished offence within 30 days of receipt of the notification, when finds that: a) defaulting assumed regarding the term of commencement of mining activities;
b) continue work on restriction for a period exceeding 30 days without the consent of the competent authority;
c) use methods and technologies, other than those provided for in the development plan;
d) execute activities mining without a permit.
Article 24 the competence of Authority withdraw or suspend the licence or concession holder administration, when finds that: (a) do not comply with a judgment) Court of arbitration or court concerning mining activities;
b) shall be subject to the procedure of reorganization and judicial liquidation for insolvency;
c) provides, with good science data to the competent authority and false information regarding his activities mining privacy or violates the terms laid down in the license;
d) threaten, the performance of mining activities, the possibility of future exploitation of zacamantului, breach the rules regarding the protection and rational exploitation of ore or withdrew consent and/or authorisation concerning the protection of the environment and/or the protection of labour;
e) does not pay within the time limits laid down by license fees, royalties and taxes owed to the State.
Article 25 (1) withdrawal of the concession or the Administration for any of the grounds referred to in article 1. 23 and 24 produces an effect on the holder of the licence, after 30 days from the date of the notification by the competent authority.
(2) Within the time limit set in paragraph 1. (1) a licensee may apply to the Arbitration Court or, where appropriate, cancellation of the measure withdrawing the concession or the management.
(3) at the request of the holder of the licence to the competent authority and the hearing officer, the Court may order the suspension of the measure remain revoked until the final judgment.
Article 26 (1) in the case of the occurrence of an event of the type referred to in article 1. 21. (1) (a). d), licensee will notify to the competent authority, not later than 15 days after the event, with the presentation of documents certifying the force majeure legally issued by the institution empowered to do so. Termination of the concession or the management effect after 30 days from the date of notification of the case of force majeure.
(2) If, within the time limit of 30 days referred to in paragraph 1. (1) the competent authority shall notify the holder of the licence or refusal to accept the event raised by the owner as a cause of force majeure, causing permanent inability of initiation or further execution of its mining activities, neimputabila, licensee may ask the Court of arbitration or court, if necessary, the unilateral cancellation of the licence to blame for cases of force majeure, without the obligation to pay damages.
(3) In case of cancellation of the licence of pronunciation, after the final decision of whether arbitral or judicial authority will issue the decision of termination of the concession or administration, with effect from the date referred to in paragraph 1. 1. Article 27 (1) the decision of termination of the concession or administration shall be published in the Official Gazette of Romania, part IV-a, provided the date of effect, and shall be entered in the book of mining by the competent authority.
(2) upon the termination of the concession or the Administration for any of the causes provided for in art. 21 lit. the-c)), operation with all dependencies and technological annexes existing at that date, the property of the State without any compensation and free of any duties or tasks, regardless of their nature.
(3) the responsible administrators or Concessionaires and the financial rebuilding of all environmental factors affected by mining activities, in accordance with environmental remediation plan, approved by the competent authority.
(4) not later than 3 months after the termination of the concession or administration, the competent authority shall determine the measures to be taken in relation to the perimeter of the exploration and/or exploitation and the related facilities, in consultation with the relevant Ministry.
(5) the licensee remains held according to the rules of non-contractual liability, the compensation for damage caused to third parties due to mining activities carried out until the date of expiry or surrender, even if such damages are found after the termination of the concession or the management.
Chapter 3 rights and obligations of the holder of the license Article 28 licensee shall have the following rights: a), in accordance with the law, from land or areas for mining activities within the limits provided for in the license;
b) to execute, within the limits of the granted all mining activities provided for in the license;
c) to dispose of the quantities of mining products;
d) to use, in accordance with the law, the sources of surface or subsurface for mining activities;
s) to associate with other legal entities to perform mining activities provided for in the license agreement with the competent authority. National companies that exploit natural resources through license will obtain consent and the approval of the competent Ministry in order to associate with other legal persons;
f) obtain from the competent authority, in accordance with the law, the data and information necessary for the conduct of its activities, to hold and to use these data and information, as well as those obtained from its own activities, the duration of validity of the licence;
g) discontinue the activity for a period exceeding 30 days, if the proof in front of the competent authority, as it improves the development plan through the introduction of technology and equipment above those previously approved and if get its consent;
h) to build roads, bridges, railways, power grids and other infrastructure units required mining activities, in accordance with the law.
Article 29 (1) the licensee shall have the following obligations: a) comply with the rules, regulations and instructions issued pursuant to this Act and the provisions of the licence;
b) to elaborate, on the basis of licence, before and during mining activities, technical and economic documentation for their realisation, documentation for environmental protection and to subject them to refer to the competent authority, in accordance with art. 10. In the case of mining companies and national firms necessary consent of the Ministry;
c) obtain, to draw up, to keep up to date and to transmit to the competent authority, within the time limits laid down, data, information and documents specified in the license, relating to mining activities carried out and the results obtained. In the case of radioactive ores, these data will be transmitted to the competent authority, in accordance with the legal provisions;
(d) to keep confidential) on the data and information obtained from the competent authority and the competent Ministry as well as from their own activities and not to serve without their consent;
e) to recover and to protect natural mineral associations with aesthetic and scientific value, also known as flowers of mine, encountered in mining works performed and to inform the competent authority;
f) to use, in carrying out priority activities of mining, domestic work force with appropriate qualifications;
g) for production of mineral resources obtained to give the Romanian State, the right of preemption to purchase, under license from international price and commercial terms;
h) within 60 days after the termination of administration or its licensees, through any of the ways set out in art. 21, to carry out the handover to the competent authority, of the conditions laid down, in the art. 27(2). (5);
I) has established deadlines, fulfil the measures provided in writing by the competent authority, in exercising the functions conferred on it by the law;
j) to ensure that organic reconstruction of affected by mining activities carried out according to law;
k) to carry out the necessary topographic measurements and day to complete plans for the situation of all work performed on any mining activities, in accordance with the regulations laid down by the competent authority;
l) not to store the work to be done tailings and hazardous substances toxic, radioactive or other polluting substances, only in accordance with the legal provisions;
m) to obtain the opinion of the port authorities and the Ministry of Transport to carry out mining activities in the area of waterways;
n) to organize, in addition to the entrances to the mine through which you want to access, as well as medical services, first aid, staffed, equipment, instrumentation and materials, according to rules issued by the Ministry of health.
(2) where the licensee is a company or a national mining company, it has the following obligations towards the Minister: a) to establish and to transmit annually to the deadlines, the volumes of financing necessary for carrying out the work set out in the license;
(b) to transmit the requested information) relating to production and investments, as well as how to use the funds granted from the State budget;
c) to carry out, within the established terms, the measures provided for in the written law;
d the competent authority) to transmit the particulars and documents referred to in points. the-c)), approved by the Minister, to be recorded in the Register Book of mining and mining.
Chapter 4 duties, tariffs and royalties mining Article 30 (1) the holders of licences are subject to the payment to the State budget of a fee for the activity of prospecting, exploration and exploitation of mineral resources and the mining royalty.
(2) the annual fee for the activity of prospecting shall be at 5,000 lei/km2.
(3) the annual fee for exploration activity is determined from 20,000 euro/km2. It is doubled after two years and gets 5 times higher after 4 years.
(4) the annual fee for exploitation to 5,000,000 lei/km2.
(5) the amounts of the fees referred to in paragraph 1. (2), (3) and (4) will be updated once every, at the proposal of the competent authority, by decision of the Government, depending on the inflation rate.
Article 31 (1) mining Royalty due State budget is established at a rate of 2% of the annual value of production mining performed.
(2) mining Royalty is due on the day of commencement of production and realisation is payable quarterly, with a maturity up to the 20th day of the first month of the following quarter.
Article 32 the holders of licences are required to forward to the competent authority with data and information on the value of production realized in order to calculate the appropriate redeventei.
Article 33 (1) Verifying the accuracy of data and information on which the levy for the exploitation of mineral resources and the mining royalty shall be made by the competent authority, as well as by public administration bodies in the field of financial control.
(2) For failure to pay duties within the activity of the exploitation of mineral resources shall be levied on arrears increases, according to the tax law, and for the non-payment of redeventei mining will be stipulated in the license of the compensation and damages.
Article 34 (1) acts issued in the exercise of his powers-opinions, prospecting permits, exploration and exploitation, documents for registration of authorisation-and for consultation and use of documents and information relating to mineral resources and mining Book, the competent authority shall charge fees to be agreed with the opinion of the Office of the competition.
(2) income, in accordance with paragraph 1. (1) the competent authority may be used for the composition of the data packet, launching calls for tenders, public competitions, facilities and the development of studies. Income remaining unused at the end of the budgetary year shall be taken as income in the following year, at the disposal of the competent authorities.
Article 35 the payment of taxes, tariffs and fees provided for in this law shall not relieve licensee of its obligations on tax law, in so far as they are applicable, taking into account the provisions of art. 11(2). 2. Article 36 (1) the holders of licences shall enjoy the following amenities: a tax) income tax profit tax at the level of the quota provided for by the law in force at the time of the conclusion of the licence with its reduction, as a more favourable subsequent laws;
b) exemption from customs duties to imports of goods necessary for the performance of mining activities, carried out by the holders or by subcontractantii them;
c) exemption from customs duties to imports of household effects and personal required foreign staff of the holder of the licence, of affiliated companies and their foreign subcontractors; goods which are exempt from import duties in annexes to be licensed nominates;
(d) exemption from payment of taxes) for the equipment, installations and equipment in new condition, which does not occur in the country, imported, necessary for environmental remediation actions damaged as a result of mining activities.
(2) holders of licences, foreign legal entities, may benefit from the facilities provided for in laws on foreign investment.
(3) the facilities to be granted to holders of licences, according to the present law, shall remain unchanged throughout the duration of the licence.
Chapter 5 Closing mines Article 37 (1) mining Activity of running a zacamant ceases when: a remotely exploitable reserves) mineral resources have been exhausted;
b) continuing exploitation has become impossible due to natural causes: flood, surpari, landslides or fires, explosions-endogenous gas-the effects of which cannot be removed by technical interventions in economic conditions;
c) operation has become an economic waste.
(2) When one of the reasons listed in paragraph 1. (1) is found legally competent authority the licensee subject to the approval of termination of operation.
(3) the authority shall endorse the competence final closing or temporarily operating on the basis of the activity plan for the cessation of the activity. For companies and corporations leased perimeters national mining closure will be approved by the Minister.
Article 38 (1) cessation of business initiative a mine or the holder of the licence belongs to careers, presenting a request to the competent authority accompanied by the termination of the activity plan, including: a) the cessation of motivation, based on technical and economic documentation;
b) technical program of decommissioning or preservation of exploitation; in the case of mining companies and corporations, the program will be approved by the Minister, and for ecological reconstruction program, and coordinates the activity of the Ministry of environmental protection;
c social security) program staff through redeployment and/or retraining, and/or financial compensation measures for regional development, with the creation of new jobs;
d) programme for environmental remediation and/or to prevent its deterioration, as a result of termination of activity;
e) issuing procedure of land.
(2) mining Activity ceases after the analysis and acceptance by the competent authority and the competent Ministry of the plan for the cessation of activity and after its implementation. The mine's closure decision will be approved by the Government.
(3) mining Perimeters with operating activity temporarily closed the concession can be given to another holder, after termination. Jurisdiction authority may organise public tender competition, on the basis of technical and economic documentation.
Article 39 (1) responsibility for tracking obligations resulting from termination of the activity plan of the mine or quarry belongs to the competent authority; for mining companies and societies, this tracking will be done together with the relevant Ministry.
(2) during implementation of the plan for the cessation of activity of the mine or quarry, the holder must comply with the conditions imposed by the authorities which granted legal opinions.
Chapter 6 the competence of the Authority in article 40 (1) the competence of the Authority, issued pursuant to the provisions of this law, is National Agency for mineral resources, organized in subordination to the Government, which has the following main tasks: to) manage mineral resources and geological fund national, public ownership of the State, including granting and issuing licences and permits provided for by this law;
b) sets out the terms and conditions of permits and licenses and regulates the conduct of mining activities by rules, regulations and instructions issued in the technical application of the law;
c) receives, check and record the information concerning reserves of mineral resources and geological Fund; National Fund for mineral resources; official data about the reserves of mineral resources are those made in the National Fund;
d) establishes, with the opinion of the Office of competition, the tariffs set out in art. 34 para. (1) in accordance with the law;
e) pursues and check the output of mineral resources for the calculation of royalties;
f) monitor the implementation of the measures laid down for the protection of surface and subsoil during and after mining activities, in accordance with the legal provisions;
g) controls by the holder of the license, as well as those of the rules, regulations and instructions in the area and measures for their imposition;
h) documentation relating to the execution of the work gives a geological or mining as well as documentation for the cessation of mining activities, but with the introduction and approval, according to the law, measures of environmental protection and ecological reconstruction;
I) establish protection perimeters for hydrological subsurface groundwater, mineral and Thermo, therapeutic mud and peat from lowland and endorses the establishment of sanitary protection;
j) ordered the cessation of the work of exploration or exploitation, in outside perimeter established, those without approved technical documentation, as well as those which, by the way, can lead to unreasonable exploitation or degradation of deposits, up to removing the causes which they have produced;
k) develops technical regulations and instructions for the application of this law, with the assistance of the ministries concerned;
l) develops and you up-to-date mining Book; legal documents and documents in the book mining unregistered are not opposable to third parties;
m) establish and notify the violation of this law.
(2) the setting up, organization and tasks of the National Agency for mineral resources shall be established by decision of the Government.
Chapter 7 responsibilities of the Ministry Minister Article 41 ensures mining activities according to the law, as follows: a) develops strategies and policies in the field of mineral resources, subject to the approval of the Government; aims and participate in them in accordance with their own abilities; elaborate strategies and policies apply to participants in mining activities only in a favourable sense;
(b) approve and evaluate budget) in order to achieve the production of minerals from mining companies and national firms, according to art. 29 para. (2);
c the application programs) develops strategies and policies referred to. the) as well as of the budget referred to in subparagraph (a). b) programs including prospecting and exploitation which is carried out with funds allocated from the State budget;
d) is the principal authorising officer for budget allocations for refurbishment and development, prospecting and geological, technological research, environmental protection, restructuring and other activities in the field of mineral resources;
(e) preparation of studies) provide, on the basis of which, together with the Ministry of finance, mining and to select the products whose exploitation is carried out with funds from the State budget; base price thereof in accordance with the law;
f) advises, together with the Ministry of labour and social security, labour protection normative in mining;
g) draw up, together with the Ministry of labour and social security and employers ' organisations and trade union training opportunities, medical care and insurance for risk and accident rehabilitation and compensation for those who suffered accidents at work and occupational diseases in the mining activity;
h) endorses the feasibility studies and development plans of companies and corporations, as well as temporary or permanent cessation of mining activities;
I built and develops policies) national social problems in areas with mining activity, together with the Ministry of labour and social protection and with local public administration bodies;
j) elaborate draft laws and draft decisions of the Government for mining activities.
Chapter 8, Article 42 Penalties failure by holders of permits and licences to comply with the obligations laid down in this law shall constitute irregularity, if the law does not constitute criminal offense, and is sanctioned with contraventional fine as follows: a) to 10,000,000 20,000,000 Lions lions, for violation of the obligations laid down in article 21. 13 and in article 14. 29 para. (1) (a). (b)) and i);
b) from 50,000,000 lei lei to 20,000,000, for committing offences in article 7. 23, and for violation of the obligations laid down in article 21. 29 para. (1) (a). a), e, f)) k) and l);
c) from 50,000,000 lei lei to 100,000,000 violation of the obligations laid down in article 21. "". (2) and in article 8. 29 para. (1) (a). d), g) and (j)).
Article 43 (1) Committing to second time of any of the offences punishable under the provisions of art. 42, for which the law provides for the withdrawal of the concession, or administration shall be imposed twice the maximum fine provided for in article 10. 42. (2) Violation of the provisions for penalties that are set in article 7. 42 shall entail application of the provisions of article 7. 40 para. (1) (a). j). (3) the Offences referred to in articles. 42 apply to them, in so far as this law provides otherwise, the provisions contained in law No. 32/68 on the establishment and sanctioning offences, as amended and supplemented, except art. 25-27. (4) the limits of fines laid down in art. 42 and 43 para. (1) will be updated periodically in accordance with the procedure laid down in article 21. 30 paragraph 2. (5) of this Act.
Article 44 the fines to make come from the State budget.
Article 45 the finding of failure to fulfil obligations and the Commission of offences, as well as the imposition of fines shall be made through the report, done by the authorized personnel of the competent authority, as well as by the State institutions with competences in the field of financial control.
Chapter 9 transitional and final provisions Article 46 (1) of the public Institutions, national companies, mining and trading companies will continue their activity only to the objectives that we have in the Administration, and where, at the date of publication of this law, authorized works carried out exploration, development or exploitation.
(2) within 90 days after the date of entry into force of this law, public institutions, national companies and mining companies mining activities will complete the action of separation of the perimeters of exploration, development and mining for the objectives set out in paragraph 1. (1) the competent authority shall request and assigning their management or concession, according to the present law.
Settlement of disputes article 47 in relation to the interpretation and enforcement of licences is a matter for the courts from Romania, where the parties have not agreed about the arbitral settlement, including international courts.
Article 48 within 90 days following its publication in the Official Gazette of this law, the competent authority shall draw up the rules necessary for the application thereof, which shall be subject to the approval of the Government.
Article 49 the Ministry, together with the Ministry of labour and social security, in consultation with trade unions and employers, the branch will elaborate, in a period of 90 days following its publication in the Official Gazette of the present law, the status of the mining industry, which is approved by the Government.
Article 50 (1) For quick intervention in cases of accidents and mishaps, the holder of the mining rescue stations organize.
(2) Organizing rescue stations at mining mines and quarries or in tanks or central unit's mining regions. Organizational decision belongs to the holder, which shall be required to obtain beforehand the opinion of the territorial Inspectorate for labour protection and territorial environmental agency.
(3) the Organization and operation of the mining rescue stations shall be made in accordance with the laws of the areas of environmental protection and labor protection.
Article 51 (1) in order to prevent accidents in mining activity, as well as to recover and/or grant compensation and aid survivors in cases of legal death, can be arranged according to the law, professional associations as non-profit legal persons.
(2) the associations referred to in the preceding paragraph are organized and function in accordance with the Statute.
(3) the obligation to holders of licences contribution of intervention of the Association will be included in the articles of Association, and the amount of the contribution will be agreed between the parties.
Article 52 radioactive raw materials, National Commission for Nuclear Activities Control exercise control of nuclear safety, inform the National Atomic Energy Agency, international bodies and specialized reports, in accordance with the agreements and conventions to which Romania is a party.
Article 53 the present law shall enter into force 90 days after its publication in the Official Gazette of Romania.
Article 54 on the date of entry into force of the present law shall repeal any provisions to the contrary.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 19 February 1998, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN p. SENATE CRISTIAN DUMITRESCU---------