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Law No. 61 Of 5 March 1998 The Law On Mines

Original Language Title:  LEGE nr. 61 din 5 martie 1998 Legea minelor

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LEGE no. 61 61 of 5 March 1998 The Mining Act
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 113 113 of 16 March 1998



The Romanian Parliament adopts this law This law regulates the conduct of mining activities in Romania, stimulating the exploitation of mineral resources, public property of the state The law ensures maximum transparency of mining activities and fair competition, without discrimination between forms of ownership, the origin of capital and the nationality of operators. Mining investments are encouraged by tax and administrative facilities, being free from any constraints in terms of recovery of investments and the use of realized profit. + Chapter 1 General provisions + Article 1 Mineral resources located on the territory and in the basement of the country and continental shelf in the economic area of Romania in the Black Sea, delimited according to the principles of international law and regulations of international conventions to which Romania is a party, are the exclusive object of public property and belong to the Romanian state + Article 2 (1) The mineral resources covered by this Law are: coal, ferrous, non-ferrous ores, aluminium and aluminium rocks, of noble metals, radioactive, rare earth and disperse, haloid salts, non-metallic useful substances, rocks useful, precious and semi-precious stones, peat, sludge and therapeutic peat, bituminous rocks, non-combustible gases, waters, gas accompanying and heat from geothermal systems, flat waters, mineral waters, thermomineral waters, such as and mineral-metallurgical waste products of halde, tailings, and other technological deposits. (2) The provisions of this Law shall also apply to groundwater for exploration, evaluation and bookkeeping activities. + Article 3 For the purposes of this Law, the terms of mineral resources and mining activities shall be defined as follows: 1. mining activity-all works on prospection, exploration, development, exploitation, processing, concentration, metallurgical extraction and marketing of mining products; 2. administration-the right granted by the state, through the competent authority, to a public institution, to perform mining activities on the basis of a license; 3. competent authority-National Agency for Mineral Resources, which represents, in the field of mineral resources, the interests of the state; 4. mining cadastre-specialized document representing the set of specific works, of technical, economic, legal and other information on the perimeter established; 5. the mining book-document of record by which the identification, registration and representation on maps and cadastral plans of all works of a mining and geological character, of all land with mining destination and of the other immovable property within a scope of exploitation, comprising all legal acts of any nature relating to a prospectus, exploration and exploitation or related thereto, and all data relating to land ownership, to the topographic situation of the perimeter and all works and mining facilities existing within it, to the situation of reserves and gross production on each type of mineral resource; 6. concedent-the competent authority empowered by the law to grant the concession; 7. the mining concession-the right granted by the State, by the competent authority, to a concessionaire to carry out mining activities on the basis of a licence; 8. concessionaire-the holder to whom the mining concession is granted; 9. development-all works consisting in the realization of mines and quarries, the construction and installation of specific installations, equipment and other utilities necessary for extraction, processing, transport, provisional storage of products mining, in the specific and final forms of the waste products; 10. exploitation-the whole works carried out underground and/or on the surface for the extraction of mineral resources, their processing and delivery in specific forms; 11. exploitation-all studies and activities for the identification of deposits, their quantitative and qualitative evaluation, as well as the determination of technical and economic recovery conditions; 12. the national geological fund-the totality of the data in relation to the mineral resources of the country, obtained from mining and oil activities, regardless of the nature of the storage medium; 13. the national reserve fund-the totality of the reserves highlighted and recorded by the competent authority for each type of mineral resource of the country, determined according to the specific regulations; 14. force majeure-unpredictable, inevitable and insurmountable event that generates the temporary or definitive impossibility of execution, partial or total, of the obligations of the license holder; 15. license-the legal act concluded between the concedent and the concessionaire, in order to carry out mining activities, according to the provisions of 16. environment-all conditions and natural elements, defined according to the Environmental Protection Law no. 137/1995, which may be affected by mining activities; 17. radioactive ore-accumulations of uranium, thorium, in the form of natural chemical compounds; 18. the relevant ministry-the specialized body of the central public administration, with powers and competences in the field of mineral resources; 19. perimeter of prospection, exploration and exploitation-the area corresponding to the surface protection of the contours of the part of the earth crust, in whose territory, on a determined depth range, prospection works, exploration, respectively of exploitation, as well as the areas necessary to carry out the activities of exploitation, processing and preparation of mineral resources located outside the deposit; 20. exploitation permit-the legal act issued by the competent authority granting the right of exploitation of quantities determined by useful rocks, peat and alluvial gold; 21. Prospecttion permit-the legal act issued by the competent authority granting the right to carry out prospection works; 22. safety pilier-the part of the reserves of mineral resources or surrounding rocks that are not extracted in a certain period or permanently and in which no works are carried out, in order to protect the mining works from the underground or from the area of the operating perimeter, the banks of the waters or other targets on the surface; 23. plan of cessation of activity-complex of technical, economic, social and environmental documentation that motivates the closure of the exploitation and contains the necessary actions to ensure the effective financing and realization of the cessation measures activity; 24. plan to restore the environment-measures to restore the environment in the area of exploitation, in accordance with the Environmental Protection Law no. 137/1995 137/1995; 25. mining production-the mining product sold by the holder; 26. miniero-metallurgical waste product-remanent product deposited in halde, tailings ponds and other technological warehouses, resulting from mining extraction, preparation and metallurgical process of mineral resources; 27. prospection-the ensemble of studies and surface works that are carried out to identify the possibilities existing for accumulations of mineral resources; 28. royalty-payment to the state, relative to the value of the mining production, obtained by the holder, representing the compensation of the decrease of mineral resources 29. mineral resource-the natural substance in the earth's crust, formed as a result of geological processes, usable, as such or by processing, in economic and social activity; 30. reserve-the deposit part, determined quantitatively and qualitatively through exploration and exploitation works, having established the technical and economic conditions of valorization; 31. holder-any Romanian or foreign legal person who may perform mining activities on the basis of a license; 32. deposit-natural accumulation of mineral resources, technically and economically valuable. + Article 4 (1) The mining activities shall be carried out by legal persons who are registered according to the law and are specialized in carrying out such activities or are organized for this purpose. (2) Mining activities may also be carried out by individuals, under the conditions of art. 18 18-20 of this law. (3) The mining activities shall be carried out only within the framework of certain perimeters authorized for this purpose by the competent authority, except those mentioned in par. ((2). + Article 5 (1) All data and information, regardless of the method of storage, regarding the Romanian mineral resources, determined according to art. 1, will be made available to the competent authority and belong to the Romanian state. (2) Legal persons performing mining activities have free and unhindered data and information obtained, only in their own interest, for the duration of the mining activity. ((3) The transmission to third parties of data and information on mineral resources in Romania is made with the consent of the competent authority (4) Data and information on mineral resources which, by their content, are subject to a special law, may circulate only in accordance with its provisions. + Article 6 (1) Access to land necessary for carrying out mining activities shall be done under the law, by: a) sale-purchase of land and, as the case may be, of constructions located on them, by legal acts, at the price agreed between the parties; b) the exchange of land, accompanied by the displacement of the affected owner and the reconstruction of buildings on the newly granted land, at the expense of the holder benefiting from the land issued; c) the lease of the land for a fixed term, with the establishment of the usufruct, on the basis of contracts concluded d) expropriation for the cause of public utility, under the law; e) concession of publicly owned land; f) the association between the land owner and the license holder, by contribution to the share capital, with the value of the land; g) other procedures provided by law. ((2) On land necessary for mining activities which are carried out outside the scope of exploitation, and on the land necessary for exploration works and any other activities which they involve shall be established, in favour of the holder, a right of legal servitude, as the case may be. (3) Exercise of the right of legal servitude established in par. (2) is made against payment of an annual annuity to the owners of the land affected by it (4) The duration of the legal servitude is that of the mining activities, and the land to be affected will be determined, in terms of surfaces and owners, according to the principle of the smallest possible touching on the right of property. ((5) Access to land affected by legal servitude shall be established by negotiations between the holder of the mining activity and the landowners, in compliance with the principle of equal treatment and equity. (6) Any misunderstandings between the holders of mining activities and the landowners shall be settled by the competent courts, according to the law. (7) In case of sale of expropriated goods under par. ((1) lit. d), the former owners or, as the case may be, their successors have the right of pre-emption, in which purpose they will be notified about the conditions of sale, by administrative means and by advertising. ((8) Access to land on which historical, cultural, religious monuments are located, archaeological sites of particular interest and nature reserves is made with the opinion of the bodies in law. + Chapter 2 Arrangements for the enhancement of mineral resources + Article 7 Mineral resources are valued by mining activities that are leased to national mining companies and companies, as well as to Romanian or foreign legal entities or given in the administration of public institutions by the authority competence, according to this law. + Article 8 (1) Prospection is carried out on the basis of a non-exclusive permit, issued, on request, for a perimeter of geometric shape, with north-south and southwest-oriented sides, defined by topogeodetic coordinates. (2) The size of the prospection perimeter is the multiple minimum area of 45 sq km. (. The prospecting permit shall be issued for a maximum period of 3 years, with the prepayment of an annual fee. (4) No right of granting of the exploration and/or exploitation licence shall result from the prospecting permit. ((5) The holder of the prospectus permit shall submit to the competent authority annual documentation on the work carried out and the results obtained, as well as a final report containing the methods of investigation applied and the results obtained. + Article 9 ((1) Exploration is carried out on the basis of an exclusive license granted, upon request, to Romanian or foreign legal entities interested, selected by semi-annual tender competition by the competent authority, based on a program of works and the establishment of an appropriate bank guarantee for environmental restoration. (2) The exploration license shall be granted, under the law, for all mineral resources existing within the perimeter, within a maximum of 180 days from the date of announcement of the tender, but no more than 30 days from the date of announcement of the result this contest. (3) The exploration license shall be granted for a maximum duration of 5 years, with the right of extension for no more than 3 years, with the prepayment of an annual fee. (4) The size of the exploration perimeter is the multiple of the minimum area of 10 sq km and will be reduced by 50%, after the first 2 years, and by another 25% of the initial perimeter, after 4 years. (5) As a rule, the perimeter of exploration is rectangular, with north-south and east-west-facing sides, and is defined by topogeodetic coordinates. (6) The holder of the exploration license shall submit to the competent authority annual documentation on the work carried out and the results obtained and a final report containing the applied methodology, the executed works and the results obtained (7) At the request of the holder of the exploration license, he has the right to obtain the exploitation license for any of the mineral resources discovered, under the present law. + Article 10 (1) The mining operation shall be carried out on the basis of an exclusive licence granted for all mineral resources from an operating perimeter. (. The operating licence shall be granted: a) the holder of the exploration licence, at his request; b) the winner of a public offering competition, organized by the competent authority under the conditions of this law. (. The operating licence shall be granted, by negotiation, on the basis of an application, accompanied by: a) the feasibility study to ensure the exploitation of mineral resources and the protection of the deposit; b) the exploitation plan; c) environmental impact assessment, endorsed according to the law; d) the environmental recovery plan, accompanied by a bank guarantee, based on the value of the development plan and the environmental impact study, calculated on the basis of the implementing rules adopted under this law. (4) The operating licence shall be granted for a maximum of 20 years, with the right of extension of successive periods of 5 years. (5) The holder of the operating license will pay an annual fee on the surface and a mining fee, according to this law. + Article 11 (1) The license shall be concluded in written form; for exploitation, the license shall enter into force after its approval by the Government. (2) The provisions of the license remain valid for the duration of the license, under the conditions existing at the conclusion + Article 12 The commencement of the mining activities provided for in the licence shall be authorised in writing by the competent authority within 60 days of the licence. + Article 13 (1) Foreign legal persons, who have obtained the right to perform mining activities, are obliged, within 90 days of the entry into force of the licence, to set up and maintain for the duration of the concession a branch or subsidiary in Romania. (2) If two or more foreign partners acquire, together, mining rights with respect to the same perimeter, the obligation to establish and maintain a branch or subsidiary in Romania returns only to the company designated to represent their interests. + Article 14 (1) The holder of a licence may transfer to another legal person the acquired rights and obligations assumed, only with the written approval of the competent authority. Any transfer made without written approval is null and void. (2) The management licence is not transferable. + Article 15 Within the limits of an operating perimeter the competent authority may grant, under the law, to legal persons, other than the holder of the license, the right of exploration and/or exploitation for some mineral resources, with the consent of the holder. + Article 16 The right obtained by giving into administration or concession, as distinct from that of ownership of land, cannot in any way be affected by the holder for the benefit of a third party, except under the conditions of art. 14. + Article 17 The operating rights obtained by license may be a guarantee for bank loans, in order to execute the mining activities provided for in the license, with the written approval of the competent authority. + Article 18 ((1) Rocks usable in construction and peat accumulations may be extracted by operators, in specified quantities and on a limited basis, on the basis of an exploitation permit issued by the competent authority. The licence shall be issued to the applicant, natural or legal person (2) For the exploitation of sands and pebbles from river beds, the operating permits shall be issued after obtaining the notices provided for by the legislation in force in the field of water management. ((. Perimeters for which the right of exploitation is granted shall be established and renewed annually by the competent authority, at the request of those concerned. (4) In order to obtain the operating permit, the applicants are obliged to pay the tax on the operating activity and the mining fee, under the law. The payment of the tax will be made at the date of issuance of the license, and of the royalty, phased, during the validity of the operating permit. + Article 19 The usable rocks in construction, clays, sands, gravel, andesite, basalts, ironing, tuffs, as well as peat and mineral water springs, located on land areas in private property, can be used by the owner of the surface. only for own needs, without payment of fees and legal fees. + Article 20 (1) The recovery of gold from alluviums, carried out outside the concessions, shall be made by natural persons, on the basis of an exploitation permit issued by the competent authority. (2) Individuals authorized for the recovery activity of gold from alluviums shall be obliged to pay the fees and royalties provided by law. + Article 21 The mining concession or the delivery of the mining shall cease by: a) the expiry of the duration for which it was granted b) waiver by the license holder, under the conditions set out in art. 22 22; c) withdrawal of concession or administration by the competent authority, according to the provisions of art. 23-25 23-25; d) in case of occurrence of events that constitute causes of force majeure, defined in the license. + Article 22 (. The licence holder may waive it, if, at the time of notification of the waiver to the competent authority, it satisfies the following conditions: a) make available to the competent authority the documentation on the activity carried out until the date of notification of the waiver, and its results b) provides the competent authority with the amount representing the value of the works provided for in the environmental recovery plan and unexecuted. (. The competent authority shall verify that the conditions laid down in paragraph (1), within 60 days from the date of notification of the waiver. (3) At the end of the 60-day period, provided in par. (2), the license is cancelled, if the competent authority has not communicated its refusal, which is obliged to issue the decision to terminate the administration or concession, with effect from the payment of the deadline. ((. In the event of refusal of the competent authority, the holder may ask the court of arbitration or the court to ascertain the fulfilment of the terms of the unilateral cancellation of (5) If the court or arbitration finds that the conditions of unilateral cancellation of the licence are met, the competent authority shall issue the decision to terminate the administration or concession, with effect from the date of the final stay and irrevocable of the judgment. + Article 23 The competent authority shall withdraw the licence to the contraventionally sanctioned holder, 30 days after receipt of the notification, when it finds that: a) does not fulfill its obligations regarding the term of commencement of mining activities; b) continue the cessation of works for a period of more than 30 days without the consent of the competent authority; c) use exploitation methods and technologies other than those laid down in the development plan; d) execute mining activities without authorization. + Article 24 The competent authority shall suspend or withdraw the licence holder or the administration when it finds that: a) do not comply with the judgment of a court of arbitration or court on mining activities; b) is subject to the reorganization and judicial liquidation procedure for insolvency; c) knowingly provide the competent authority with data and false information about its mining activities or violate the confidentiality clauses provided for in the license; d) jeopardises, by the way of execution of mining activities, the possibility of future exploitation of the deposit, violates the rules on the rational protection and exploitation of deposits or has been withdrawn the agreement and/or the authorization on protection the environment and/or the protection of work; e) do not pay at the time limits established by license, fees and taxes due to the state. + Article 25 ((1) Withdrawal of the concession or administration for any of the reasons provided for in art. 23 23 and 24 shall take effect on the holder of the licence, after 30 days from the date of notification by the competent authority. (2) Within the period set out in par. (1) the holder of the licence may ask the court or arbitration, as the case may be, to annul the measure withdrawing the concession or administration (3) At the request of the licensee and with the hearing of the competent authority, the court may order the suspension of the revocation measure until the final stay of the + Article 26 (1) If an event is occurred between those provided for in art. 21 21 para. ((1) lit. d), the holder of the license shall notify the competent authority of the situation, within 15 days from the occurrence of the event, with the presentation of the documents certifying force majeure, issued by the institution legally empowered Termination of the concession or administration shall take effect 30 days after the date of notification of the force majeure. (2) If, within the deadline of 30 days provided in par. ((1), the competent authority shall notify the licence holder of its refusal to accept the event invoked by the holder as a cause of force majeure, causing the initiation or continuation of the operation of the mining activities to be definitively The holder of the licence may ask the court of arbitration or court, as the case may be, to pronounce the unilateral cancellation of the licence for the case of force majeure, without obligation to pay damages. (3) In case of delivery of the cancellation of the license, after the final stay of the arbitral or judicial decision, the competent authority will issue the decision to terminate the concession or administration, with effect on the date provided in par. ((1). + Article 27 (1) The decision to terminate the concession or administration shall be published in the Official Gazette of Romania, Part IV, with the mention of the date on which it takes effect, and shall be entered in the Mining Book by the competent authority. ((2) Upon termination of the concession or administration for any of the cases referred to in art. 21 lit. a)-c), the exploitation, with all the dependencies and technological annexes existing at that time, returns to the property of the state, without any allowance and free of any rights or tasks, regardless of their nature. ((3) Concessions or administrators shall respond materially and financially to the restoration of all environmental factors affected by mining activities, in accordance with the environmental recovery plan approved by the competent authority. ((. Within a maximum of 3 months after the cessation of the concession or administration, the competent authority shall determine the measures to be taken in respect of the exploration and/or exploitation area and its related facilities, in consultation with the the relevant ministry. (5) The licence holder shall remain, according to the rules of non-contractual civil liability, to repair the damage caused to third parties at fault by the mining activities carried out until the expiry date or waiver, even if such damage is found after cessation of the concession or administration. + Chapter 3 Rights and obligations of the licence holder + Article 28 The licence holder has the following rights a) access, under the law, to the land or areas necessary to carry out mining activities within the limits of the perimeter provided in the license; b) to execute, within the limits of the perimeter granted, all mining activities provided in the license; c) dispose of the quantities of mining products made; d) to use, under the law, sources of surface or underground water necessary to carry out mining activities; e) to associate with other legal entities in order to execute the mining activities provided for in the license, with the consent of the competent authority. National companies that capitalize on mineral resources through the license will obtain the consent of the competent authority and the approval of the relevant ministry to associate with other legal entities; f) obtain from the competent authority, under the law, the data and information necessary to carry out its mining activities, to own and use this data and information, as well as those obtained from its own activities, for the duration licence validity; g) to interrupt the activity for a period exceeding 30 days, if it proves, before the competent authority, that it improves the development plan by introducing technologies and equipment superior to those previously approved and if it obtains its agreement; h) to build roads, bridges, railways, power grids, as well as other infrastructure units necessary for mining activities, under the law. + Article 29 (. The licence holder shall have the following obligations: a) comply with the rules, regulations and instructions issued in application of this law and the provisions of the b) to develop, on the basis of the license, before the start and during the mining activities, technical and economic documentation for their realization, documentation for environmental protection and to submit them to the approval of the competent authority, according to art. 8-10. In the case of companies and national mining companies the prior opinion of the relevant ministry is required; c) obtain, draw up, keep up to date and transmit to the competent authority, at the fixed deadlines, the data, information and documents provided in the license, relating to the executed mining activities, as well as the results obtained. In case of radioactive ores, this data will also be transmitted to the competent authority in the field, according to the legal provisions; d) maintain confidentiality over the data and information obtained from the competent authority and the relevant ministry, as well as from their own activity and not disseminate them without their consent; e) to recover and protect natural mineral associations with aesthetic and scientific value, called mine flowers, found in the executed mining works and to inform the competent authority; f) to use, as a priority, in the execution of mining activities, the domestic workforce with corresponding qualification; g) for the production of mineral resources obtained, to grant to the Romanian state the right of pre-emption to purchase, according to the license provisions, at international prices and in commercial terms; h) within 60 days of the cessation of administration or concession, by any of the ways provided in art. 21, to proceed to the surrender, to the competent authority, of the perimeter granted, under the conditions provided in art. 27 27 para. ((5); i) to meet, the deadlines established, the measures ordered in writing by the competent authority, in the exercise of their duties, according to the law; j) ensure the ecological reconstruction of the perimeters affected by the mining activities executed according to the law; k) to carry out the necessary topographic measurements to the day and to complete the situation plans of all works carried out during the course of the mining activities, in accordance with the regulations developed by the competent authority; l) not to store in the works carried out waste and toxic substances toxic, radioactive or any other polluting substances, except in compliance with the legal provisions; m) to obtain the opinion of the port authorities and the Ministry of Transport for carrying out mining activities in the waterway area n) to organize, in addition to the entries in the mine through which the access of the personnel is made, as well as underground, first aid medical services, equipped with personnel, equipment, specialized instrumentation and materials, according to the norms issued by the Ministry Health. ((2) If the holder of the license is a company or a national mining company, it shall also have the following obligations to the relevant ministry: a) to substantiate and transmit, annually, at the established deadlines, the financing volumes necessary to carry out the works provided for in the license; b) to transmit the requested information regarding the production and investments made, as well as to the use of funds granted from the state budget; c) meet, within the established deadlines, the measures ordered in writing, according to the law; d) transmit to the competent authority the data and documents referred to a)-c), approved by the relevant ministry, to be registered in the Mining Book and in the Mining Cadastre. + Chapter 4 Taxes, tariffs and mining royalties + Article 30 (1) The holders of the licences shall be subject to payment to the state budget of a fee for the activity of prospection, exploration and exploitation of mineral resources, as well as a mining royalty. (2) The annual fee for the activity of prospecting is set at 5.000 lei/kmp. (3) The annual fee for the exploration activity is set at 20,000 lei/kmp. This doubles after 2 years and becomes 5 times higher after 4 years. (4) The annual fee for the operating activity is set at 5.000.000 lei/kmp. (5) The amount of taxes provided in par. (2), (3) and (4) will be updated, at the proposal of the competent authority, by Government decision, depending on the inflation rate. + Article 31 (1) The mining redevence due to the state budget shall be established at a rate of 2% of the value of the mining production carried out annually. (2) The mining redevance shall be due from the day of commencement of production and shall be payable quarterly, with maturity up to the 20th of the first month of the following quarter. + Article 32 Licence holders are required to submit to the competent authority the data and information on the value of the production made, in order to calculate the royalty due according to the law. + Article 33 ((1) Verification of the accuracy of the data and the information on the basis of which the fee for the exploitation activity of mineral resources and the mining royalty is calculated shall be made by the competent authority, as well as by the administration bodies public tasks in the field of financial control. (2) For non-payment within the fee for the exploitation activity of mineral resources, late increases are charged, according to the tax law, and for the term non-payment of the mining fee will be stipulated in the license damages the moratoriums and compensatory. + Article 34 (1) For acts issued in the exercise of its duties-opinions, prospection permits, exploration and exploitation, reserve registration documents, authorizations-as well as for the consultation and use of documents and information relating to mineral and mining resources, the competent authority shall levy tariffs established with the opinion of the Office of Competition. (2) The incomes realized, according to par. (1), by the competent authority will be able to be used for the compilation of data packages, the launch of public calls for tenders, the organization of competitions, facilities and the elaboration of studies. The remaining unused revenues at the end of the budget year shall be taken as income in the following year, at the disposal of the + Article 35 The payment of taxes, tariffs and royalties provided for in this law does not exempt the holder of the license from legal tax obligations, in so far as they are applicable to him, taking into account the provisions of art. 11 11 para. ((2). + Article 36 (1) Titulation of licences shall benefit from the following tax incentives: a) the payment of the corporate tax at the level of the tax rates provided by the law in force at the date of conclusion of the license, with its reduction, according to the provisions of b) the exemption from customs duties of imports of goods necessary for the execution of mining activities, carried out by the holders or their subcontractors; c) exemption from customs duties of the import of household goods and personnel necessary for the foreign personnel of the holder of the license, affiliated companies and their foreign subcontractors; goods that are exempt from import duties be nominated in the annexes to the licence; d) exemption from the payment of customs duties on equipment, installations and equipment in new condition, which are not produced in the country, imported, necessary for actions to restore the damaged environment as a result of mining activities. (2) Titulation of licenses, foreign legal entities, may benefit from the facilities provided in the foreign investment laws. ((3) The facilities that are granted to the holders of the licenses, according to the present law, remain unchanged for the entire duration of the license. + Chapter 5 Closure of mines + Article 37 (1) The mining activity of a deposit shall cease when: a) the exploitable reserves of mineral resources have been exhausted; b) the continuation of exploitation has become impossible due to natural causes: floods, surpasses, landslides or endogenous fires, gas explosions-, the effects of which cannot be removed by technical interventions, under economic conditions; c) exploitation has become economically unprofitable. (2) When one of the causes listed in par. ((1) is legally established, the licence holder submits to the competent authority the approval of the cessation of exploitation (3) The competent authority shall have the final or temporary closure of the operating activity on the basis of the cessation plan. For perimeters leased to companies and national mining companies, the closure will also be endorsed by the relevant ministry. + Article 38 ((. The initiative for the cessation of the activity of a mine or quarries shall belong to the holder of the operating licence, which shall submit to the competent authority an application accompanied by the plan of termination a) the motivation of the cessation of activity, based on a technical-economic documentation; b) the technical program of decommissioning or conservation of exploitation; in the case of companies and national mining companies, the program will also be endorsed by the relevant ministry, and for the ecological reconstruction program, and the ministry that coordinate the environmental protection activity; c) the social protection program of personnel, through redistribution and/or retraining, financial compensation and/or regional development measures, with the creation of new jobs; d) the program to restore the environment and/or to prevent its deterioration, as a result of the cessation of activity; e) the procedure for releasing the land. (2) The mining activity shall cease after the analysis and acceptance by the competent authority and the competent ministry of the cessation plan of the activity and after its implementation. The decision to close the mine will be approved by the Government. (3) Mining perimeters with temporary closed operating activity may be given in concession to another holder after the cessation of activity. The competent authority may hold a public tender on the basis of technical-economic documentation. + Article 39 (1) The responsibility of pursuing the obligations resulting from the mine or career cessation plan belongs to the competent authority; for companies and national mining companies, this follow-up will be done together with the ministry of Resort. (2) During the implementation of the mine or career cessation plan, the holder must meet the conditions imposed by the legal authorities who have granted opinions. + Chapter 6 Competent authority + Article 40 (1) The competent authority, empowered for the application of the provisions of this law, is the National Agency for Mineral Resources, organized under the Government, which has the following main tasks: a) manages the mineral resources and the national geological fund, the public property of the state, including the granting and issuing of licenses and permits provided by this law; b) establishes the terms and conditions of permits and licenses and regulates the carrying out of mining activities by norms, regulations and technical instructions, issued in law enforcement; c) receives, verifies and records the information on mineral resource reserves and organizes the national geological fund; constitutes the national mineral resource fund; official data on mineral resource reserves are the registered in the national fund; d) establishes, with the opinion of the Competition Office, the tariffs provided in 34 34 para. (1), under the law; e) pursue and verify the production of mineral resources for the calculation of royalties f) pursues the application of the measures established for the protection of the surface and subsoil, during and after the completion of the mining activities, in accordance with g) control by the holder of the provisions of the license, as well as those of the rules, regulations and instructions in the field and order measures for their imposition; h) endorses the documentation on the execution of geological or exploitation works, as well as the documentation for the cessation of mining activities, only with the provision and approval, according to the law, of environmental protection and reconstruction measures ecological; i) establish hydrogeological protection perimeters for groundwater, mineral and thermomineral, sludge and therapeutic turbe deposits and endorse the establishment of health protection perimeters; j) order the cessation of exploration or exploitation works, executed outside the established perimeter, those without approved technical documentation, as well as those who, through the way of deployment, can lead to unreasonable exploitation or the degradation of deposits, until the causes that have occurred to them; k) elaborates the regulations and technical instructions for the application of this law, with the assistance of the l) elaborate and keep up to date the Mining Book; the legal acts and documents not registered in the Mining Book are not opposable to third parties; m) ascertains and notifies the non-compliance (2) The establishment, organization and tasks of the National Agency for Mineral Resources shall be established by Government decision. + Chapter 7 Responsibilities of the relevant ministry + Article 41 The relevant ministry ensures that mining activities are carried out according to the law a) develop strategies and policies in the field of mineral resources, which are subject to Government approval; follow and participate in their realization in accordance with their own competences; the strategies and policies developed apply to participants to mining activities only in a favourable sense; b) evaluates and approves the budget for the production of mineral resources at national mining companies and companies, according to art. 29 29 para. ((2); c) develop programmes in the implementation of the strategies and policies referred to in a), as well as the budget provided for in lett. b), including programs of prospection and exploitation that are carried out with funds allocated from the state budget; d) is the principal authorising officer for the budgetary allocations for retrofitting-development, prospecting and geological exploration, technological research, environmental protection, restructuring and other activities in the field of mineral resources; e) ensure the preparation of studies, on the basis of which, together with the Ministry of Finance, select the mining products whose exploitation is carried out with funds from the state budget; substantiate their price under the law; f) endorses, together with the Ministry of Labour and Social Protection, normative protection of labor in mining; g) elaborates, together with the Ministry of Labour and Social Protection and employers ' and trade union organizations, health care and insurance programs for risk and accidents, for the rehabilitation and compensation of those who have suffered work and occupational diseases in mining; h) endorses the feasibility studies and development plans of companies and national companies, as well as the final or temporary cessation of exploitation activities; i) substantiates and develops national policies in the field of social problems in mining areas, together with the Ministry of Labour and Social Protection and local public administration bodies; j) develop draft laws and draft decisions of the Government for mining activities. + Chapter 8 Sanctions + Article 42 Non-compliance by the holders of the permits and licenses of the obligations provided for in this law constitutes contravention, if, according to the criminal law, it is not a crime, and is sanctioned with contravention fine, as follows: a) from 10,000,000 lei to 20,000,000 lei, for violation of the obligations established in art. 13 and to art. 29 29 para. ((1) lit. b) and i); b) from 20,000,000 lei to 50,000,000 lei, for the commission of the facts provided in art. 23, as well as for the violation of the obligations established at 29 29 para. ((1) lit. a), e), f), k) and l); c) from 50,000,000 lei to 100,000,000 lei, for violation of the obligations established in art. 4 4 para. ((2) and in art. 29 29 para. ((1) lit. d), g) and j). + Article 43 (1) The commission for the second time of any of the contraventions sanctioned according to the provisions of art. 42, for which the law provides for the withdrawal of administration or concession, shall be sanctioned with double the maximum fine provided for in art. 42. (2) Further violation of the provisions for which sanctions are established in art. 42 entails application of the provisions of art. 40 40 para. ((1) lit. j). (3) Contraventions provided in art. 42 are applicable to them, insofar as this law does not otherwise have the provisions contained in Law no. 32/1968 on the establishment and sanctioning of contraventions, with subsequent amendments and completions, except art. 25-27. (4) The value limits of the fines provided for in art. 42 and 43 para. (1) will be updated periodically, according to the procedure established in art. 30 30 para. ((5) of this Law. + Article 44 Fines are made to the state budget. + Article 45 The finding of non-compliance with obligations and the commission of contraventions, as well as the application of fines shall be made by minutes, concluded by the authorized personnel of the competent authority, as well as by the state institutions with attributions in financial control area. + Chapter 9 Transitional and final provisions + Article 46 (1) Public institutions, national mining companies and companies will continue their activity only to those objectives they have in administration and where, at the time of publication of this law, they carry out authorized exploration works, development or exploitation. (2) Within 90 days from the date of entry into force of this Law, the public institutions, the national mining companies and the companies carrying out mining activities shall complete the action to delimit the exploration perimeters, development and exploitation for the objectives set in par. (1) and shall require the competent authority to assign them in administration or concession, according to this law. + Article 47 The settlement of disputes in relation to the interpretation and execution of licenses is the jurisdiction of the courts of Romania, if the parties have not agreed to the arbitral settlement, including the international courts. + Article 48 Within 90 days from the publication in the Official Gazette of Romania of this law, the competent authority will develop the necessary norms for its application, which will be subject to approval by Government decision. + Article 49 The relevant Ministry, together with the Ministry of Labour and Social Protection, in consultation with trade unions and branch employers, will develop, within 90 days from the publication in the Official Gazette of Romania of this Law, the Statute staff in the mining industry, which is approved by Government decision. + Article 50 (1) For rapid intervention, in cases of accidents and damage, the holder organises mining stations. (2) The organization of mining stations shall be made with mines and quarries or in central units on basins or mining regions. The organization decision belongs to the holder, who is obliged to obtain, in advance, the opinion of the territorial inspectorate for labor protection and the territorial environmental agency. (3) The organization and functioning of the mining rescue stations shall be made according to the Romanian legislation in the fields of environmental protection and labor protection. + Article 51 (1) In order to prevent accidents in mining activity, as well as for the recovery of the workforce and/or the granting of compensation and aid to legal offspring in cases of death can be organized, according to the law, professional associations as non-profit legal entities. ((. The associations referred to in the preceding paragraph shall be organized and operated in accordance with their own statutes. (3) The obligation of the contribution of the holders of the licenses to the intervention funds of the association will be entered in their status, and the amount of the contribution will be agreed + Article 52 For radioactive raw materials, the National Nuclear Activities Control Commission exercises nuclear security control, the National Atomic Energy Agency reported, and it reports to international organizations. specialty, according to agreements and conventions to which Romania is a party. + Article 53 This law comes into force 90 days after its publication in the Official Gazette of Romania. + Article 54 On the date of entry into force of this Law any contrary provisions shall be repealed. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 19 February 1998, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES ANDREI IOAN CHILIMAN P. SENATE PRESIDENT CRISTIAN DUMITRESCU ---------