Law No. Mines 85 Of 18 March 2003

Original Language Title:  LEGEA MINELOR nr. 85 din 18 martie 2003

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LAW No. MINES 85 of 18 March 2003 (* updated *) (updated May 25, 2015 *) ISSUER-PARLIAMENT------Parliament adopts this law.
This law regulates the conduct of mining activities in Romania, boosting capitalization of mineral resources, 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 I 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: low, ferrous ores, non-ferrous metals, aluminium and aluminifere rocks, radioactive, noble metals, rare earth salts and stray haloide, useful minerals, rocks, precious and semiprecious stones, peat, sludge and therapeutic turbele bituminous rocks, non-combustible gas, geothermal waters, gases that accompany them, natural mineral waters (and flat) therapeutic mineral waters, as well as product from mining waste dumps and tailings ponds.
  

(2) the provisions of this law shall also apply to groundwater for drinking and industrial activities of prospecting, exploration, determination and record reserves.
  


Article 3 for the purposes of this Act, the terms used are defined as follows: 1. the mining activity-ensemble works concerning prospecting, exploration, development, exploitation, preparation/processing, concentration, marketing products, mining and closure of mines, including related works of restoration and rehabilitation of the environment;
2. the right of Administration granted by the State, by the competent authority, a public institution to carry out mining activities on the basis of a licence or a permit;
3. administrator-public institution that runs the mining activities on the basis of a licence or a permit;
4. the competent authority-the National Agency for mineral resources, which represents the interests of the State in the field of mineral resources, in accordance with the duties set out in this law;
5. Land Cadastre-specialty steelworks, representing a subsystem of the recording and systematic inventory of real estate related mining activities (land, building and installation of surface and underground) in the technical, economic, legal and other information relating to the perimeter set up;
6. Book-component of mining Cadastre steelworks, containing all the data concerning the legal regime of the perimeter of the prospecting areas related, exploration and exploitation, ownership, topographic situation of mining related resources/mineral reserves and production;
7. write-competent authority empowered by law to granted entry into management or concession;
8. mining concession-operation through which legal State, represented by the competent authority, as is kept, for a period to be determined, as the concessionaire, the right and obligation to carry out, on their own risk and expense, mining activities involving the mineral resources that fall under incidence of this law, in return for a royalty for mining exploitation and prospecting activity fees exploration and exploitation of, natural resources;
9. the concessionaire-holder to whom is granted the concession of mining;
10. development-ensemble works that consist in the realization of the mines and quarries, building and installation of specific equipment installations and other utilities necessary for extraction, processing, transport and storage of mining products provisional;
11.-Assembly works executed in the underground and/or the extraction of mineral resources, processing and delivering them into specific forms;
12. exploration-ensemble studies and activities for identification of ore, quantitative and qualitative evaluation of these, as well as determining the technical and economic conditions of use;
13. national geological fund all data on mineral reserves and resources obtained from petroleum and mining activities, irrespective of the nature of the support;
14. the National Fund of resources/reserves all resources/reserves highlighted and registered by the competent authority for each type of mineral resources of the country, determined according to special regulations;
15. force majeure-the event inevitably unpredictable and insurmountable that generates temporary or definitive inability of execution, partial or total, of mining activities;
16. financial guarantee for environmental restoration obligation and responsibility of natural or legal persons engaged in mining license for exploitation permit times ensuring necessary financial funds for the restoration of the environment and that can be in the form of bank deposit, bank guarantee, irrevocable letter or other means provided by law;
17. legal document license-granting concession/lease administration of mining activities the exploration/exploitation;
18. the environment-conditions and ensemble elements defined under the law on environmental protection no. 137/1995, republished, with subsequent amendments and additions, which can be affected by mining activities;
19. radioactive ore-accumulation of uranium, thorium, in the form of natural chemical compounds;
20. the Ministry of the body of the central public administration with powers and jurisdiction in the field of mining activities, in accordance with the present law;
21. the perimeter of the prospecting, exploration and exploitation in the area corresponding to the projection surface contour part of the Earth's crust that's inside a range of depth, is carried out prospecting, exploration works, respectively, as well as areas for processing activities, preparation of mineral resources and mining waste storage products;
22. operating permit-legal document issued by the competent authority granting the right of occupancy of the amounts determined for useful rocks and alluvial gold, peat, according to art. 28 and 30;
23. prospecting permit-legal document issued by the competent authority granting the right to perform prospecting;
24. pillar-that portion of the mineral reserves/resources or from the surrounding rocks that do not extract in a certain period or permanently and no supply, in order to protect the works of underground mining, or at the area perimeter, water banks and other targets on the surface;
25. the cessation of business plan-technical documentation, economic, social and environmental reasons for its closing the exploitation and contains the necessary actions to ensure the funding and implementation of effective measures for the cessation of the activity;
26. recovery plan for environment-rehabilitation and restoration of the environment within the exploration/mining, taking into account the options local communities concerning the use of the postînchidere, containing a draft technical achievement;
27. the mining production-quantity of extracted mining products for processing and/or marketing of the holder;
28. the mining product-the product of the activity of an operating reserve, delivered as such or in the form of shorts resulting from a technological process of processing/preparation for use as a finished product and as a raw material in the manufacture of another product;
29. waste product residual mining-product filed in dumps and tailings ponds, resulting from mining activities;
30. prospecting studies and ensemble-works by area which is carried out in order to identify possibilities of accumulation of mineral resources;
31. the mining royalty-the amount due to the State budget by the proprietor for concession management activities of exploitation of mineral resources, the State of the public domain;
— — — — — — — — — — — — — Pct, article 31. 3 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.
32. mineral resource-natural substance from the Earth's crust, formed as a result of geological processes, usable as such or by processing in social and economic activity;
33. book-part of the deposit determined by quantitative and qualitative exploration and exploitation, having established the technical and economic conditions of use;
34. holder-any legal or natural person, Romanian times foreign mining activities can be carried out on the basis of a licence or a permit;
35. natural reserve-accumulating resources/mineral reserves, usable from technically and economically.


Article 4


(1) mining Activities are carried out by legal persons registered, in accordance with the law, and are specialized and qualified in conducting such activities or organised for this purpose. Permitting economic and technical expertise related mining activities are carried out by individuals qualified for that purpose by the competent authority, in accordance with the law.
  

(2) mining operating Activities can be carried out by natural persons, pursuant to article. 28-30. (3) mining Activities are carried out only in premises approved for that purpose by the competent authority, with the exception of individuals who carry out mining activities of exploitation pursuant to article. 29, for which authorization is not required perimeter.
  


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, the recording and management of their being made at the national level by the competent authority, in accordance with the present law.
  

(2) holders of licences or permits for mining activities may use the data and information acquired solely in their own interest, throughout the duration of the mining activity.
  

(3) disclosure to other stakeholders of data and information on mineral resources from Romania is done only with the consent of the competent authority, in accordance with the rules for the implementation of this law.
  

(4) the competent authority, holders of licences/permits, as well as other public authorities and institutions involved in the implementation of the provisions of this law shall have the obligation to maintain the confidentiality of data and information submitted by holders of licences and/or permits, who acquire knowledge in performing job duties during mining activities, as provided by law.
  


Chapter II Acquisition and lease of land access to the mining activities Article 6 right of use of land required to carry out mining activities from exploration/mining perimeter is acquired, in accordance with the law, through: the land sale-purchase) and, where appropriate, building located on them, 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 the holder of the benefiting land released, in accordance with the Convention concluded between the parties;
  

c) fixed-term leasing of land, on the basis of contracts concluded between the parties;
  

d) expropriation for public interest, in accordance with the law;
  

e land concession);
  

f) Association between the landowner and the licensee;
  

g) other procedures provided by law.
  


Article 7 (1) land required access to exploitation or exploration perimeters and any other activities they involve Institute in favor of the holder of a right of easement of passage.
  

(2) the exercise of the right of way, easement established pursuant to paragraph 1. (1), shall be made against payment of an annuity on an annual basis by the owners of the land affected by it, on the basis of the Convention concluded between the parties in compliance with legal provisions, within 60 days of the communication to the landlords of a notification by the holders of licenses and/or permits.
  

(3) where the parties do not reach an agreement of will within the period referred in paragraph 1. (2) establishing the amount of rent will be made by the Court, in accordance with the law.
  

(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.
  


Article 8 (1) 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.
  

(2) Any disagreement between the holders of mining activities and land owners resolve by the competent courts, in accordance with the law. The resolution of such cases will be made by the competent authorities as a matter of urgency.
  


Article 9 the expropriation for public interest of national interest is done according to the law, under the coordination of the Ministry.


Article 10 if the sale of assets expropriated pursuant to article. 6 lit. d), previous owners or, where appropriate, their successors have the right of pre-emption, the purpose of which will be notified about the conditions of sale by administrative channels and through advertising.


Article 11 (1) conducting mining activities on the land are located historical monuments, cultural, religious, archaeological sites of special interest, nature reserves, health protection areas and perimeters of hydrogeological protection of water supply sources, as well as the imposition of servitude for mining activities on such land are strictly prohibited.
  

(2) the exceptions to the provisions of paragraph 1. (1) shall be determined by decision of the Government on the advice of the competent authorities in the field and in the assessment of damages and other compensatory measures.
  


Article 12 Right of ownership of land does not confer a right of pre-emption upon licensees/putting into administration of mining activities.


Chapter III Arrangements for the implementation of value of mineral resources Mineral Resources Article 13 shall value through mining activities that are legal persons or concesionează Romanian foreign times are given in the administration of public institutions by the competent authority, in accordance with the present law.


Article 14 (1) Prospecting shall be conducted on the basis of a non-exclusive licence issued in accordance with the law of the competent authority on the basis of receipt of a request by, for a perimeter defined by coordinates topogeodezice. The shape and dimensions of the prospecting shall be determined by the competent authority.
  

(2) the permit shall be issued for prospecting for a period of up to three years without extension, with advance payment, each year, the charge on the activity of prospecting.
  

(3) holders of prospecting permits are required to carry a volume of papers with a minimum value of what will be determined through negotiations with the competent authority, when issuing the permit of prospecting, correlated with the duration of validity of the licences and the surface perimeter of the prospecting.
  

(4) the permit holder shall submit to the competent authority of prospecting semiannual and annual reports regarding the work to be performed and value thereof, justified by documents. Within 60 days from expiry for which the permit has been issued for prospecting, the holder shall submit a final report containing the methods of investigation used, justification of the work to be performed, their value, and the results obtained.
  

(5) the permit holder of prospecting that participate in the contest organized by public tender for the granting of exploration licence within the perimeter of the prospecting, qualifying scores in addition to evaluation, established pursuant to article. 15 para. 8. Article 15 (1) Exploration is carried out on the basis of an exclusive licence granted in respect of any of the mineral resources found in the perimeter, on request, the Romanian or foreign legal persons concerned.
  

(2) the licence shall be granted to the winner of a public competition by tender, organized by the competent authority under the present law, mineral resources established by the order referred to in paragraph 1. 4. (3) the initiative of the concession for exploration mining activities may belong to the competent authority or foreign legal persons interested Romanian times.
  

(4) the list of exploration perimeters shall be determined by the competent authority by order to be published in the Official Gazette of Romania, part I.
  

(5) to participate in public tender competition, Romanian or foreign legal entities will submit a tender within a specified period, to be determined by the competent authority by the order referred to in paragraph 1. (4) and (6) Tenders shall contain the proposed exploration program, documents concerning the technical and financial capacity of the tenderer, and other documents as determined by the competent authority.
  

(7) the proposed exploration program included in the annual volume of exploration and related expenses, compulsory.
  

(8) the conditions for organizing and conducting public tender competition established in paragraph 2. (2) criteria for the selection and appointment of the additional points awarded to the winner, a holder of a prospecting permit, and other issues will be determined by the competent authority by the rules.
  


Article 16 (1) the license shall be granted exploration for a maximum of 5 years, with extension for a maximum of 3 years, within the limits of the perimeter, with advance payment, each year, the charge on exploration activity and relevant financial collateral for the restoration of the environment, established by the environmental restoration project.
  

(2) Exploration Program agreed in part, runs up to expiry of the licence.
  


(3) the area perimeter, defined by the coordinates topogeodezice, in the national system, in which runs the mining exploration activities is the shape and size of the corresponding formations and geological structures and deposits of mineral resources that are the subject of exploration licence.
  

(4) the holder of a licence for exploration shall furnish to the competent authority the quarterly and annual reports on the work done and the costs related thereto, at dates to be determined by the competent authority by the rules, and a final report containing the applied methodology, the work to be performed, the expenses involved and the results obtained not later than 60 days after the expiry of the licence.
  

(5) the holder is entitled to reduce the perimeter surface exploration, with the agreement of the competent authority, on the basis of documents of evidence stage, providing that the surface on which the folds were carried out all the necessary work of environmental remediation, with a requirement to carry out the work stipulated for the first year of contract.
  


Article 17 (1) at the request of the holder of the exploration licence, he shall be entitled to obtain directly for any exploitation of the mineral resources found in the article. 18 paragraph 1. (2) (a). He and art.) 20. (2) the holder of the licence has the right to continue exploration, pending entry into force of the operating license granted pursuant to article. 18 paragraph 1. (2) (a). He and art.) 20, execution of operating experimental mining activities, conservation and maintenance of the works executed in mining exploration perimeter established.
  


Article 18 (1) mining operation is carried out on the basis of an exclusive licence which is granted under this law.
  

(2) the exploitation shall be granted: (a) the licence holder) of exploration, at the latter's request, any mineral resources discovered within 90 days from the date of transmission to the competent authority of the final report of the exploration supported by it;
  

(b) a public competition winner), organized by the competent authority under the present law, mineral resources established by the order; 19 para. (2) article 19 (1) initiative of the concession mining activities operating under the conditions laid down in article 21. 18 paragraph 1. (2) (a). (b) the competent authority may belong to) or juridical persons Romanian foreign times.
  

(2) the list of operational objectives pursuant to article. 18 paragraph 1. (2) (a). b) shall be determined by the competent authority by order to be published in the Official Gazette of Romania, part I.
  

(3) to participate in public tender competition, Romanian or foreign legal entities will submit a tender within a specified period, to be determined by the competent authority by the order referred to in paragraph 1. (2) and (4) Bids will contain documents concerning the technical and financial capacity of the tenderer, and other documents as determined by the competent authority by the procedure of the contest for public tender.
  

(5) in order to be observed technical conditions necessary for the protection of groundwater will be put out to public tender competition for concession of mining activities in mining areas only where it has been obtained in advance consent of the competent authority in the field of water management.
  

(6) the conditions for organizing and conducting public tender competition laid down in articles 81 and 82. 18 paragraph 1. (2) (a). (b)), the criteria for selecting and designating the winner, as well as other aspects will be established, by way of derogation from the law on concessions, by the competent authority by the rules.
  


Article 20 (1) exploitation right shall be granted through negotiation, on the basis of a request accompanied by: a) the recovery feasibility study of mineral resources and the protection of the deposit, which will contain the original plan for the cessation of the activity, in accordance with rules issued by the competent authority;
  

b) development plan of operation established in accordance with the instructions issued by the competent authority in technical;
  

c) environmental impact assessment and environmental balance sheet, if applicable, issued in accordance with the law;
  

d) environmental remediation plan and technical design, drawn up in accordance with the technical instructions issued by the competent authority;
  

e) study of social impact assessment and mitigation plan social impact, in accordance with the technical instructions issued by the competent authority in the field of labour and social solidarity together with the relevant Ministry.
  

(2) the exploitation shall be granted for a maximum of 20 years, with extension for successive periods of five years.
  

(3) the licensee will pay annual operating fees on mining activity and a mining royalty, according to this law.
  

(4) the holder of a licence for the exploitation constitutes a financial guarantee for the restoration of the environment, in accordance with the technical instructions issued by the competent authority.
  


Article 21 (1) the license shall be concluded in written form. For the exploration licence shall take effect on the date of publication of the order of the President of the competent authority for approval of it in the Official Gazette of Romania, part I; for the mining licence shall take effect on the date of publication in the Official Gazette of Romania, part I, of the governmental decision approving it.
  

(2) legal provisions existing at the effective date of the licence shall remain valid for the entire duration thereof, with the exception of any legal provisions favourable to the holder.
  

— — — — — — — — — — — —-. (2) of article 9. 21 has returned to its original form by repealing item 2 of article. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007 by point 1 of article 2. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. 482 from 13 July 2009.

(3) deleted-— — — — — — — — — —-. (3) art. 21 was removed by the repeal of section 3 of article 9. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007 by point 2 of article 2. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. 482 from 13 July 2009.

(4) the amendment of licences in force/filling is achieved by amendments signed by the competent authority and holder.
  

— — — — — — — — — — — —-. (4) article. 21 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 22 (1) the commencement of mining activities referred to in the licence shall be approved in writing by the competent authority within a period of up to 180 days after the entry into force of the licence, upon submission by the holder of the following documents, cumulatively: (a) proof of payment of the levy's) activity of mining;
  

b) proof of financial collateral for the restoration of the environment;
  

c) tax certificate indicating that the holder of the licence is not outstanding obligations toward the State budget;
  

d) agreement/authorization;
  

e) for exploration-the competent authority's opinion for the annual programme of work; for the competent authority's opinion-for annual operational programme;
  

f) or land owner agreement regarding access to necessary areas of mining activity set out in the annual programme.
  

(2) authorizing the commencement of mining activities are carried out by the competent authority, not later than 30 days after the filing of the documents referred to in paragraph 1. (1) Legal Persons Article 23. foreign workers 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 subsidiary in Romania.


Article 24 (1) the holder of a licence may transfer to another person of acquired rights and legal obligations only with prior written approval of the competent authority. Any transfer made without written approval is null and void.
  

(2) The competent authority for approval of transfer will take account of the criteria for approval, which shall be set by rule.
  

(3) where the licensee has its change status through reorganization, sale or any other reasons, license, as was negotiated, will be provided by legal successors addendum to the holder, on the basis of the contract between the parties or of the judgement of the competent authority, presented.
  

(4) the license release administration is non-transferable.
  


Article 25 within a perimeter of exploration/exploitation, the competent authority may be granted, in accordance with the law, legal persons, other than the holder of the licence, the right of exploration and/or exploitation for other mineral resources, with the consent of the proprietor.


Article 26 the right obtained by concession, as distinct from the ownership of land, cannot in any way be transmitted to the holder the benefit of a legal person other than under the terms of art. 24. Article 27 of the exploration licence Holder/exploitation may contract Bank loans to perform mining activities, certification of the existence of the concession by the competent authority.


Article 28 (1) usable in construction and Rock accumulation of peat may be removed by natural or legal persons in specified quantities for a period of up to one year and on the basis of operating permit issued by the competent authority. The permit shall be issued to the first applicant.
  


(2) For the exploitation of sand and gravel from the gravel beds of the rivers operating permits shall be issued after obtaining approvals under the laws in force in the field of water management.
  

(3) in order to obtain operating licence applicants are obliged to financial collateral for the restoration of the environment, as well as tax on mining activity and mining royalties, according to the law. Financial collateral for restoring the environment and tax will be charged at the date of issue of the licence fee, and payment of mining is carried out pursuant to article. 45, stages, during the validity of the permit.
  

(4) after the filing of documents for obtaining or renewing licenses/permits, applicants will submit a rehabilitation agreement signed with local public administration authorities for cases in which the carriage of road infrastructure affects the mineral resources and adjacent buildings from urban areas or rural question.
  

--------------
Alin. (4) article. 28 was introduced by the sole article of law No. 284 of 11 October 2005, published in Official Gazette No. 917 of 13 October 2005.


Article 29 (1) usable in construction, Rocks peat and mineral waters, located on land owned by individuals, can be used by the owner of the surface only if not covered by an existing concession and only for your own needs without trading. The use is exempted from payment of taxes and legal fees, provided that the competent authority încunoştiinţării through its territorial bodies.
  

(2) the provisions of paragraphs 1 and 2. (1) benefit children's homes and homes for the elderly located on land owned by them.
  


Article 30 (1) recovery of gold from sediment carried in out concessions, is done by individuals and legal entities, on the basis of an operating permit issued by the competent authority.
  

(2) natural persons and legal entities authorised for recovery of gold from sediment shall be obliged to pay taxes and fees provided for by law.
  


Article 31 the mining Concession or lease ceases Mining Administration) expiry for which authorization was granted;
  

b) shedding by the licensee under the conditions laid down in article 21. 32;
  

c) by revoking the license/permit by the competent authority, in accordance with the provisions of art. 34 and 35;
  

d) at the request of the holder, in the case of survenire events that constitute causes of force majeure and the impossibility of determining the final objective and comply with certain obligations and/or realization of the duties laid down in the licence holder, and who are essential for the achievement of mining activity;
  

e) exploitable through depletion, only in the case of concession/putting into administration of mining activities.
  


Article 32 (1) the holder of the licence/permit can he/she abandon the if notification of surrender by the responsible authority fulfils 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 work provided for in the programme of work of prospecting/exploration prospecting permit required by/exploration license, maturity from the date of the surrender and the failed for reasons attributable to the holder. The resulting amounts are made come from the State budget;
  

c) provides the competent authority with evidence of document execution works of restoration of the environment damaged due to mining activities carried out up to the moment of the surrender, issued by the competent authority in the field of the environment;
  

d) make available to the competent authority the amount representing the counterpart of conservation works on/off not executed for mining activities carried out up to the moment of the surrender, and the programme for the monitoring of environmental factors postînchidere, specified in the termination of the activity.
  

(2) the competent authority shall verify that the conditions referred to in paragraph 1. (1) within 60 days after the date of notification of the cancellation license/permit.
  

(3) within the period of 60 days referred to in paragraph 1. (2) the grant management shall cease 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 effect from the date of fulfilment of the term.
  

(4) where the competent authority refuses to issue the decision for termination of the concession or waiver on the grounds, the interested party may apply, within 30 days after the communication to the competent administrative court, which judges the dispute and act according to the law. The judgment of the Administrative Court is final and irrevocable. The procedure is not mandatory.
  

(5) a judgment of the Administrative Court goes out by the competent authority within a period of 15 days, under penalty of a fine of 5 million lei per day of delay. The fines shall be made to the State budget income. Shall apply and the provisions of criminal law concerning the non-execution of judgments.
  


Article 33 (1) the competent authority shall suspend the license/permit when it finds that: (a) fails to comply with the judgment holder) a court concerning disputes in the performance of mining activities;
  

(b) the holder is subject to the procedure) to reorganise it and/or bankruptcy;
  

c) holder was suspended and/or authorisation agreement concerning the protection of the environment and/or the protection of labour;
  

d) could endanger the holder, by way of enforcement of the mining activities, the possibility of future exploitation of the deposit protection act, violates the rules and operation of the safety of deposits;
  

(e) serious infringements) holder brings health and safety labour, established by the competent authorities in the field.
  

(2) the suspension of the licence/permit for any of the grounds referred to in paragraph 1. (1) produce an effect of the notification made by a competent authority until the case that prompted the suspension, for a period of one year or less.
  


Article 34 the competent authority shall cancel the license/permit holder sanctioned offense within 30 days of receipt of the notification, it finds that: (a) the proprietor does not) fulfills its obligations concerning the authorisation and the term relating to the commencement of mining activities;
  

b) cessation of continuing work on the holder for a period of more than 60 days without the consent of the competent authority;
  

c) holder uses operating methods and technologies other than those provided for in the development plan, without the consent of the competent authority;
  

(d) the holder of the mining activities) running in violation of the provisions of article 7. 22 paragraph 1. (1) (a). e);
  

e) holder have cancelled the agreement and/or authorization concerning the protection of the environment and/or the protection of labour;
  

f) holder, with good science provides the competent authority with data and false information about its activities or violates the terms of mining privacy set out in the licence;
  

g) the proprietor does not pay within six months from the date of exigibilităţii mining taxes and royalties owed to the State;
  

h) the proprietor does not meet the conditions and does not comply with the time limit referred to in article 1. 33 para. (2) suspend the licence/permit.
  


Article 35 (1) within 30 days after the notification referred to in article 1. 33 para. (2), the holder may ask the Administrative Court revoke the measure of suspension/cancellation of licence/permit.
  

(2) the authorisation holder and the competent authority that the hearing officer ordered the measures referred to in paragraph 1. (1) the Court may order the suspension measure taken pending the final judgement continued through the Court to pronounce upon legality and solidity of the suspension/cancellation.
  

(3) the procedural provisions laid down in article 21. 32 para. (4) and (5) shall apply accordingly.
  


Article 36 (1) in case of the occurrence of an event of the type referred to in article 1. 31 lit. (d)), the holder shall notify the competent authority of the situation within 5 days of the event, with the presentation of documents certifying the force majeure within 15 days of his production, released by the institution legally empowered to that end. Termination of the concession or the administering of 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 impossibility of initiating or continuing the execution of its mining activities, neimputabilă, licensee may ask the Administrative Court annulled the licence issuing unilateral for cases of force majeure, without the obligation to pay damages.
  

(3) In case of cancellation of the licence of pronouncement, after staying in the irrevocable judgement, the competent authority will issue the decision of termination of the concession or administration. (4) the procedural provisions laid down in article 21. 32 para. (4) and (5) shall apply accordingly.
  


Article 37


(1) decision of termination of the concession or licence granted by administration shall be published in the Official Gazette of Romania, part I, noting the date of effect, and shall be entered in the book of mining by the competent authority.
  

(2) within three months after the termination of the concession or the Administration for any of the causes provided for in art. 31 lit. a)-d) technical annexes and dependencies whose dismantling may jeopardize the security of the State-owned works pass without any compensation, and free of any task, 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/mining and related facilities.
  

(5) the licensee remains held according to the rules of non-contractual liability, to compensation for damage caused to other persons or legal entities due to mining activities carried out up to the expiry date of the time of the surrender, even if such damages are found after the termination of the concession or administration.
  


Chapter IV rights and obligations of the holder of the licence-holder Article 38/permit shall have the following rights: a) to have access, in accordance with the law, the land for mining activities within the limits laid down in the licence/permit;
  

b) to execute all tasks foreseen in the mining license/permit, within the limits of the perimeter;
  

c) disposing of the quantities of products to mining;
  

d) use, in compliance with the legal provisions in the field of water management and environmental protection, sources of surface water or groundwater for mining activities;
  

s) to associate with other legal entities to perform mining activities set out in the licence, with the prior approval of the competent authority. The responsibility of fulfilling obligations devolves solely from licence by the shareholder who has tenure. For the purpose of issuing competent authority approval of the Association will consider at least the following elements: technical and financial capacity of the association with the ending, the object of the Association, its delineation of the rights and obligations of members. Companies and societies running mining activities will obtain the approval of the competent authority only with the prior consent of the Ministry;
  

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/permit;
  

g) to discontinue the activity for a period exceeding 60 days, with the prior consent of the competent authority;
  

h) to build roads, bridges, railways, power grids and other infrastructure utilities mining activities, in accordance with the law.
  


Article 39 (1) the holder of the licence/permit shall have the following obligations: a) to abide by the provisions of this law, the rules and instructions issued pursuant to it and the provisions of the licence/permit;
  

b) establish, on the basis of license/permit, before and during mining activities, technical and economic documentation for their realisation, documentation in order to obtain the environmental authorization agreement/according to the legislation in force, and environmental art. 22 paragraph 1. (1) (a). (d)), and to subject them to refer to the competent authority, in accordance with art. 14-20, 28 and 30. If economic agents are under the authority of the Ministry necessary consent thereof;
  

c) to start mining activities within a maximum of 210 days after the entry into force of the licence;
  

d) to draw up, keep up to date and to transmit to the competent authority, within the time limits laid down, data, information and documents provided for in the license/permit, relating to mining activities carried out and the results obtained, in order to be registered in the Land Book mining and steelworks. In the case of radioactive ores, these data will be transmitted to the competent authority, in accordance with the legal provisions;
  

e) to inform the competent authority with regard to acts of control carried out by the local authorities for the protection of the environment and labour protection;
  

f) maintain confidentiality over the data and information obtained in accordance with the law, from the competent authority and the competent Ministry as well as from their own activities and to broadcast only in the conditions of license;
  

g) to periodically update the plan of cessation of business and subject to the approval of the competent authority;
  

h) to recover and protect natural mineral associations with aesthetic and scientific value, also known as flowers of mine, encountered in mining works performed, and inform the competent authority;
  

I) in the case of termination by licensees either ways. 31, to proceed to teaching by the competent authority of the established, under the conditions laid down in article 21. 37 para. (2) and (5);
  

j) to meet the deadlines laid down measures provided in writing by the competent authority, in exercising the functions conferred on it by the law;
  

k) to carry out and complete the work of environmental remediation activities in the affected mining perimeters;
  

l) to carry out the necessary topographic measurements up to date and complete plans for the situation of all work performed on any mining activities, in accordance with the rules of mining surveying;
  

m) to carry, not to use, not to handle and do not store it in the work to be done tailings and hazardous substances and/or toxic, radioactive or other polluting substances, only in accordance with the legal provisions;
  

n) to obtain the opinion of the port authorities and the competent public authorities in the field of transport and water management to carry out mining activities in the area of waterways;
  

a) to organise, in addition to the entrances to the mine through which you want to access, as well as medical services, first aid, equipped with personal, equipment, and specialized tools and materials, according to rules issued by the competent authority in the field of health;
  

upon the termination of the concession), to carry out conservation works and/or closing the mine/quarry, in accordance with the termination of the activity plan, including monitoring of environmental postînchidere;
  

q) to bear the costs associated with the transfer of technology and the improvement of vocational training, set out in the licence. These amounts will be deposited in a separate account of the competent authority, opened for this purpose, and will be highlighted as such;
  

r) to prepare and to finance the implementation of the measures contained in the plan to mitigate social impact;
  

s) continue throughout the period of the operation of the financial guarantee for the restoration of the environment;
  

t) to pay taxes on mining and mining royalty in the deadlines laid down by this law.
  

(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, within specified time limits, the volumes of financing necessary for carrying out the work set out in the licence;
  

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) the competent authority) to transmit the particulars and documents referred to in points. the a and b)), approved by the Minister, to be recorded in the Register Book of mining and steelworks;
  

d) to execute, in case of privatization, the works of conservation/closure of mines/quarries and the environmental remediation of the affected areas by the time of privatization.
  


Chapter V, article 40(3) Permits Procedures for obtaining permits, agreements and/or opinions of environmental and labour protection, needed to carry out mining activities will be coordinated by each authority in accordance with the competences and rules set out by the legislation in force.


Article 41 (1) the competent authority shall notify, in writing, within 10 days from the date of entry into force of the operating licences, county councils, local councils and County within the prefectures of which lies the perimeters of the activities and administration of mining perimeters in these licenses are notoriously difficult.
  

(2) within 90 days of receipt referred to in paragraph 1. (1), county councils and the local councils will be modified and/or updated plans for landscaping and general urban plans in existence, to allow all operations necessary for the conduct of mining activities are notoriously difficult.
  


Article 42 (1) Consents, agreements and other necessary approvals and permits for construction and Assembly activities for me and other construction activities necessary for the commencement and conduct of mining activities will deliver, usually, for all of these constructions and not separately for each building, according to the request of licenses holders.
  


(2) other agreements and Authorizations, approvals and permits needed for construction-Assembly activities for me and other construction activities necessary for the commencement and conduct of mining activities may impose conditions on the parameters and features of construction and operation of the installations concerned.
  


Article 43 (1) Consents, agreements and other approvals and operating permits for mining activities are valid throughout the duration of permits and licenses under which these activities are being carried out. Where the conditions referred to in the issuance of permits, agreements and other opinions and approvals necessary for the conduct of holders of mining activities, these activities must require the issuance of new permits, agreements, permits and approvals.
  

(2) other agreements and Authorizations, approvals and operating permits for mining activities shall be issued for all operations necessary for mining activities or separately for each category of operation times operation, in accordance with the request of the holders of licenses.
  

(3) compliance with the requirements imposed by other agreements and authorizations, approvals and permits for construction and Assembly activities for me and other constructions necessary for the commencement and conduct of mining activities, in accordance with art. 42 para. (2), and compliance with the conditions prescribed by law in respect of the conduct of mining activities will be monitored by the license holders and shall be verified by the competent authorities in the field, during the technological evidence, which may not exceed six months after completion of construction-Assembly.
  

(4) if it is found that the conditions in accordance with paragraph 1. (3) other agreements and authorizations, approvals and operating permits for mining activities shall be issued no later than 10 days after the completion of the technological evidence, unless the law provides otherwise.
  


Chapter VI Fees, royalties and mining Article 44 (1) the holders of licences/permits are required to pay 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 fixed at 341 lei/km2.
  

— — — — — — — — — — the amount of the annual fee referred to in paragraph 1. (2) of article 9. 44 it has been reconciled against under (b). the article) in JUDGEMENT No. 350 of 20 may 2015, published in MONITORUL OFICIAL nr. 359 25 may 2015.

(3) the annual fee for exploration activity is established at 1,367 lei/km2; It is doubled after two years and gets 5 times higher after 4 years.
  

— — — — — — — — — — the amount of the annual fee referred to in paragraph 1. (3) art. 44 it has been reconciled against under (b). b) art. in JUDGEMENT No. 350 of 20 may 2015, published in MONITORUL OFICIAL nr. 359 25 may 2015.

(4) the annual fee for the operation shall be at 34,180 euro/km2.
  

— — — — — — — — — — the amount of the annual fee referred to in paragraph 1. (4) article. 44 it has been reconciled against under (b). c) art. in JUDGEMENT No. 350 of 20 may 2015, published in MONITORUL OFICIAL nr. 359 25 may 2015.

(5) the amounts of the fees referred to in paragraph 1. (2) to (4) will be reconciled against the proposal on an annual basis, to the competent authority, by decision of the Government, depending on the inflation rate.
  

(6) the fees referred to in paragraph 1. (2) to (4) is due to be paid annually and in advance for next year, not later than 31 December of the current year.
  


Article 45 (1) the mining Royalty due the State budget shall be determined at the conclusion of the licence or operating licence issuance, as follows: a) a share of 5% percentage of the value of the mining production for non-ferrous ores, non-ferrous, aluminum and radioactive rocks, aluminifere, rare and stray, precious and semiprecious stones, residual mining products, bituminous rocks, therapeutic mineral waters Thermo , geothermal water and gases that accompany them, non-combustible gas, sludge and therapeutic peat from lowland;
  

(b) the percentage of shares) 4% of the value of production for coal mining;
  

(c) the percentage of shares) 6% of the total mining production for the noble metals;
  

d) equivalent in MDL of 0.875 euro, per unit of production, mining for minerals;
  

e) equivalent in MDL of EUR 0.4375, per unit of production, mining for igneous, metamorphic, and special industrial ironing, dolomite, sandstone and tufuri industrial;
  

f) equivalent in lei of euro 0.50 per unit of production, mining for clays, marne, loess, sand and gravel, sand and rocks caolinoase;
  

g) equivalent in MDL of EUR 0.6875 per unit of production for industrial mining, blue, pumice, sienite nefelinice, gypsum, chalk, siliceous sand, bentonite, sand caolinos, slate and diatomite;
  

h) the equivalent in lei of euro 2.5 per unit of production, mining basalt for ornamental, decorative, ornamental dacit andesite, riolit, ornamental granite and ornamental granodiorit;
  

I) the equivalent in lei of 3.125 per euro, the mining production, for ornamental ornate blue aragonite and ornamental siliconite;
  

j) equivalent in MDL of 3.75 euros per unit of production, mining for marble, limestone, travertine tiles, ornamental and decorative tufuri;
  

k) equivalent in MDL of EUR 1.0, per unit of production, mining for salt haloide.
  

— — — — — — — — — — — —-. (1) of article 1. 45 amended by art. Vi of the EMERGENCY ORDINANCE nr. 102 of 14 November 2013, published in MONITORUL OFICIAL nr. 703 November 15, 2013.
(1 ^ 1) Mining royalties referred to in paragraph 1. (1) shall be paid to the official exchange rate lei/euro fixed on the first working day of October of the previous year, published in the official journal of the European Union.
— — — — — — — — — — — —-. (1 ^ 1), art. 45 was introduced by paragraph 4 of art. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. July 13, 2009 482, which complements art. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007, with point 5 ^ 1.

(2) mining Royalty due State budget for natural mineral water at source shall be established, in the equivalent in lei of 4 euros/1000 litres, according to the National Bank of Romania from the date of payment.
  

— — — — — — — — — — — —-. (2) of article 9. 45 was amended by section 3 of article 9. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. 482 of 13 July 2009 amending section 5 of art. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(3) Repealed.
  

— — — — — — — — — — — —-. (3) art. 45 was repealed by section 6 of article. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(4) mining Royalty is due on the day of commencement of production and realisation is payable quarterly, with maturity up to the 25th day of the first month of the following quarter.
  

— — — — — — — — — — — —-. (4) article. 45 was amended by section 1 of article. V of the EMERGENCY ORDINANCE nr. 47 from 1 September 2012, published in MONITORUL OFICIAL nr. 635 of 6 September 2012.


Article 46 Holders are required to forward to the competent authority the data and information necessary for the purposes of calculating mining royalty due under the law.


Article 47 (1) Verifying the accuracy of data and information on which the levy mining royalty for mining activity and shall be made by the competent authority, as well as by the tax authorities under the national tax administration Agency.
  

(2) the amounts of the fee for the mining activity and the mining royalty payable to the State budget shall be declared by the paying agency to the competent tax authority until the period for payment laid down in article 21. 45 para. 4. (3) For non-payment of fees for the term mining activity and mining royalties are due to the interest and penalties on late payments, in accordance with tax legislation in force.
  

— — — — — — — —- 47 was amended by paragraph 2 of article 9. V of the EMERGENCY ORDINANCE nr. 47 from 1 September 2012, published in MONITORUL OFICIAL nr. 635 of 6 September 2012.


Article 48 (1) acts issued in the exercise of his powers: prospecting permits, operating permits and licenses of exploration and exploitation, the documents for registration of reserves, cessation of business decisions, approval of Mining Association, for the transfer of the licence amendments to licenses, certificates, authorizations or other such acts, as well as for consultation and use of documents and information relating to mineral resources and mining of the competent authority shall charge fees laid down by order of the President of the competent authority, published in the Official Gazette of Romania, part I.
  

(2) Revenues revenues made under paragraph 1. (1) the competent authority shall be used to finance expenses for data packets and launch public calls for tenders, organising the presentation of all the conditions for participation in public auction bid, keeping and developing studies, studied and technical advice and other materials, as well as for business and leisure.
  

— — — — — — — — — — — —-. (2) of article 9. 48 was amended by article VI of the EMERGENCY ORDINANCE nr. 71 of 31 august 2011, published in MONITORUL OFICIAL nr. 637 on September 6, 2011.

(3) the 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 authority.
  


(4) the categories of expenditure which is financed from extra-budgetary income approved by the law of the State budget shall be determined by order of the President of the competent authority.
  

— — — — — — — — — — — —-. (4) article. 48 was amended by article VI of the EMERGENCY ORDINANCE nr. 71 of 31 august 2011, published in MONITORUL OFICIAL nr. 637 on September 6, 2011.


Article 49 the payment of taxes, tariffs and fees provided for in the present law does not exempt the holder of the licence/permit payment obligations in accordance with tax laws due to budgetary provisions in force.


Article 50 Repealed.
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Art. 50 it was repealed by section 1 of article in law No. 237 of 7 June 2004, published in Official Gazette No. 553 of 22 June 2004.


Chapter VII closure of mines Article 51 (1) mining Activity of exploiting a deposit ceases when: a) exploitable mineral resources have been exhausted;
  

b) continuing exploitation has become impossible due to natural causes-floods, spillages, landslides or fires, explosions-endogenous gas-the effects of which can not be eliminated through technical interventions in economic conditions;
  

c) operation became unprofitable.
  

(2) When one of the reasons listed in paragraph 1. (1) the licensee is found, subject to competent authority advising cessation of operation.
  

(3) the competent authority shall endorse the final closure or temporary business of exploitation based on the termination of the activity plan. For companies and corporations leased perimeters national mining closure will be approved in advance by the Minister.
  


Article 52 (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 cessation of business plan updated, including: a) the cessation of motivation, based on technical and economic documentation;
  

b) technical program of decommissioning or conservation operation, which will also include monitoring programme of environmental factors postînchidere. In the case of mining companies and corporations, the program will be approved in advance by the Minister;
  

c social security) program staff through redeployment and/or retraining, financial compensation and/or regional development measures for the creation of new jobs, according to the law, drawn up following consultation with affected parties, and approved by the competent authority in the field of social protection. In the case of mining companies and corporations, it is approved in advance and the Minister;
  

d) authorization of water management and environmental authorisation for the closure of the mine or quarry;
  

e) procedure for decommissioning and to release the land.
  

(2) mining Activity is terminated by decision of the competent authority, after the analysis and acceptance by the competent authority and the relevant Ministry, if necessary, to plan for the cessation of activity and after its implementation. The decision of closing the mine preservation/or quarry belonging to companies and national mining companies will be approved by the Government, the preservation of which/closing and financed from budgetary funds.
  

(3) the closure of mines and restoring the environment in the case of mines or quarries, exploratory works stopped before the entry into force of this law and which are not subject to a licence shall be made in agreement with the competent authority of the competent Minister, by specialized divisions, with budgetary funds.
  

(4) mining Perimeters with operating activity temporarily closed, approved in accordance with article 4. 51 para. (3) may be given in concession/administration of another holder after failing. For this purpose the competent authority shall organise a public competition.
  


Article 53 (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 it will make tracking along with the Minister.
  

(2) during implementation of the plan for the cessation of activity of the mine or quarry the holder must meet the conditions imposed by legal authorities who granted permits.
  

(3) implementation of the programme for the monitoring of the environmental factors on postînchidere will be made by the holder with your own funds. For mining companies and national firms monitoring the environmental factors of postînchidere will be made by the Minister, through specialized departments, with budgetary funds.
  


Chapter VIII competent authority Article 54 competent authority empowered pursuant to the provisions of the present law is the National Agency for mineral resources, organized as a public institution of national interest, with legal personality, the originator, subordinated to the Government.


Article 55 (1) National Agency for mineral resources has the following main tasks: to) manage mineral resources and geological fund national, public property of the State;
  

b) sets out the terms and conditions of licences/permits, grants and issue licences/permits provided for by law shall govern the conduct of mining activities through technical rules and instructions relating to the conduct of mining activities, issued pursuant to this law;
  

c) receives, verifies and posts the data and information on mineral resources and reserves and organizes national geological Fund; the National Fund of mineral reserves/resources. Official data about the mineral resources/reserves are those made in the National Fund;
  

d) fixes the tariffs referred to in art. 48 para. (1) in accordance with the law;
  

e) seeks and verifies the production 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) controlling the compliance of the holder of the licence/permit, as well as the rules and instructions in the area and features for their measures;
  

h) endorse the implementation documentation mining activities, 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 hydrogeological groundwater deposits of natural mineral, geothermal and Thermo, therapeutic MUDs and peat from lowland and endorses the establishment of sanitary protection;
  

j) in pursuit of the activity control, collaborates with territorial authorities of water management, environmental protection and protection of labor;
  

k) suspend mining activities conducted in addition perimeter established, those without technical documentation approved and those that conduct may result in undue loss or degradation of reserves of deposits, up to removing the causes which they have produced;
  

It shall draw up the rules and instructions) for the application of this law, with the assistance of the ministries concerned;
  

m) shall draw up and keep up-to-date a register book of mining and steelworks, as provided for in the implementing rules of this law. Unposted documents and legal acts in the mining and steelworks in the Survey are not opposable to third parties;
  

n) notes and notify the violation of this Act;
  

o) draw up draft laws and draft decisions of the Government for mining activities.
  

(2) the operation and organisation of the National Agency for mineral resources shall be established by decision of the Government.
  


Chapter IX responsibilities of the Ministry Minister Article 56 shall ensure that mining activities in accordance with the present 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) evaluate and approve the budget for the realization of production of mineral resources from mining companies and national firms, according to art. 39 in paragraph 1. (2);
  

c the application programs) develops strategies and policies referred to. the) as well as of the budget referred to in subparagraph (a). b) prospecting, including programs which are carried out with funds allocated from the State budget;
  

d) is the principal authorising officer for budget allocations for refurbishment and development, prospecting programs, as set out in the annual plan prepared according to geological. c), technological research, protection and restoration of the environment, conservation, restructuring/closing mines or quarries, under (b). k), social protection measures in the event of closure of the mines, according to let. (j)), and other activities in the field of mineral resources;
  

e) shall ensure the establishment for studies, which, together with the competent authority in the field of finance, mining is selecting 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 competent authority in the field of labour and social solidarity, labour protection normative in mining;
  

g) endorses, with the competent authority in the field of environmental protection, environmental protection norms specific to the mining activity;
  


h) draw up, together with the competent authority in the field of labour and social solidarity and the employers ' organisations and Trade Union, health care programs and insurance for risk and accident rehabilitation and compensating those who have suffered accidents at work and occupational diseases in the mining activity;
  

I) endorses the feasibility studies and development plans of companies and corporations, as well as temporary or permanent cessation of mining activities;
  

j) base and draw up national policies in the field of social problems in areas with mining activity, together with the competent authority in the field of labour and social solidarity and with local public administration bodies;
  

k) through specialized departments undertake execution of conservation/closure of mines or quarries belonging to companies and corporations, as well as mining and quarries, mines or exploration work stopped before the entry into force of this law and which are not subject to licensing and monitoring of environmental factors postînchidere;
  

l) endorses draft laws and draft decisions of the Government for mining activities.
  


Chapter X Penalties in article 57 (1) failure by holders of permits and licences to comply with the obligations laid down in this law shall constitute contravention if the law does not constitute a criminal offence, and shall be sanctioned with contraventional fine as follows: a) to 30,000,000 60,000,000 Lions lions, for violation of the obligations laid down in article 21. 23 and in article 13. 39 in paragraph 1. (1) (a). b), d), (e)), f), h) and (i)) and paragraph 3. (2) (a). c);
  

b) from lei lei 60,000,000 200,000,000, for violation of the obligations laid down in article 21. 39 in paragraph 1. (1) (a). a), c), g), (j)),),),) and s);
  

c) from lei lei 200,000,000 500,000,000, for violation of the obligations laid down in article 21. "". (3) and in article 8. 39 in paragraph 1. (1) (a). k), m), p) and t).
  

(2) enforcement of mining activities without permit or license, except as provided for in article 10. 29, constitutes infringement and is punishable by imprisonment from 6 months to 3 years or with a fine.
  

— — — — — — — — — —-. (2) of article 9. 57 was amended by section 1 of article. 128, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

(3) Repealed.
  

— — — — — — — — — —-. (3) art. 57 it was repealed by section 2 of art. 128, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 58 (1) Committing to second time of any of the offences punishable under the provisions of art. 57 is twice the maximum fine imposed under article 4. 57. (2) Violation of the provisions for penalties that are set in article 7. revocation of licence 57 draws/permit.
  

(3) the Offences referred to in articles. 57 are applicable to them, in so far as this law provides otherwise, the provisions concerning the legal regime of irregularities.
  

(4) the limits of fines laid down in art. 57 will be updated periodically as prescribed. 44 para. 5. Article 59 (1) Finding contraventions and penalties are carried out by authorized personnel of the competent authority.
  

(2) the amounts derived from fines to make come from the State budget, in accordance with the legal provisions concerning the legal regime of irregularities.
  


Chapter XI transitional and final Provisions Article 60 (1) licensing Provisions in effect shall remain valid for their full duration, subject to the conditions in which they were concluded.
  

— — — — — — — — — — — —-. (1) of article 1. 60 was amended by section 5 of art. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. 482 of 13 July 2009 amending point 7 of article. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.
(1 ^ 1) Grant facilities State aid nature for holders of licences for the exploration and/or exploitation concluded before the entry into force of this law, for those undergoing approval by the Government and for new applicants is made in compliance with the legislation on State aid. — — — — — — — — — — — —-. (1 ^ 1), art. 60 was introduced by point 3 of article in law No. 237 of 7 June 2004, published in Official Gazette No. 553 of 22 June 2004.

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 60 it was repealed by section 6 of article. 1 of law No. 262 of 7 July 2009 published in Official Gazette No. July 13, 2009 482, which complements art. From the EMERGENCY ORDINANCE nr. 101 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007, with 8.

(3) the grant of operating licences to be used will be made under the conditions existing at the time of submission of requests only for public institutions, national companies and mining companies on 15 June 2001 had lodged with the competent authority the necessary documentation to obtain them.
  


Article 61 the settlement of disputes in connection with the interpretation and enforcement of licences/permits is a matter for the courts of Romania, where the parties have not agreed about the arbitrary resolution, including international courts.


Article 62 within 90 days of the publication of this law in the Official Gazette of Romania, part I, the competent authority will draw up detailed rules for its application, which shall be approved by decision of the Government.


Article 63 the relevant Ministry in conjunction with the competent authority in the field of labour and social solidarity, in consultation with trade unions and employers, the branch will elaborate, within 90 days of the publication of this law in the Official Gazette of Romania, part I, the status of the mining industry, which are approved by decision of the Government.


Article 64 the relevant Ministry in conjunction with the competent authority will draw up, within 90 days of the publication of this law in the Official Gazette of Romania, part I, Regulation of mining surveying.


Article 65 (1) For quick intervention in cases of accidents and mishaps, the holder of the mining rescue stations organize.
  

(2) the structure of the mining rescue is made from mines and quarries or central units, on the mining basins or regions. Organizational decision belongs to the holder, which shall be required to obtain beforehand the opinion of the territorial Inspectorate for labour and protection of the territorial environmental inspectorate.
  

(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 66 (1) in order to prevent accidents in mining activity, as well as for the recovery of labour and/or granting of damages and legal aid in cases of survivors of bereavement, can be arranged according to the law, professional associations, as legal entities without profit.
  

(2) the associations specified in paragraph 2. (1) are organized and function in accordance with the legislation in force.
  

(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 67 radioactive raw National Commission for Nuclear Activities Control controlling nuclear safety, inform the National Agency for Atomic Energy, and it reports the international organisations, in accordance with the agreements and conventions to which Romania is a party.


Article 68 this Act enters into force on its publication in the Official Gazette of Romania, part I.


Article 69 date of entry into force of this law shall be repealed Law No. mines 61/1998, published in the Official Gazette of Romania, part I, no. 113 of 16 March 1998, as amended and supplemented, as well as any other provisions to the contrary.

This law was adopted by the Senate at its meeting on 20 February 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. Senate PRESIDENT ALEXANDRU ATHANASIU this law was adopted by the Chamber of deputies at its meeting of 25 February 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER Bucharest, March 18, 2003.
No. 85.
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