Decree Of 8 May 1986, Laying Down General Measures Concerning The Detection And Exploitation Of Mineral Resources

Original Language Title: DECREET van 8 mei 1986, houdende algemene regelen omtrent de opsporing en ontginning van delfstoffen

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Decree of 8 May 1986, laying down general measures concerning the detection and exploitation of mineral resources (Mining Decree) (Bulletin of acts and decrees 1986 No. 28), S.B. 1997 No. 44.

CHAPTER I

DEFINITIONS

Article 1

In this Decree, the following definitions shall apply: a. construction materials: all forms of rocks such as gravel, sand, clay, shells as well as crushed stone and other materials that are used in the construction of buildings, roads, dams, airports and similar works b. Mineral resources: all substances, both in gaseous, liquid, and solid state, which naturally are or have been part of the Earth's crust, including among other ores and rocks and components of all rocks, fossil fuels and building materials, with the exception of groundwater. c. Operation: it mine and then editing, processing, transporting and trading of minerals. d. Operation area: The area in which the applicant has been granted the right to exploitation. e. Exploration: conducting work with the immediate goal, the nature, scope, mode of occurrence and the economic value of the mineral deposits as accurate as possible, as well as all other work related with the establishment of the economic and technical feasibility of exploitation of mineral resources. f. Exploration area: The area in which the applicant has been granted the right to exploitation. g. Kleinmijnbouw: exploring-and explore to and exploiting mineral deposits whose nature, mode of occurrence and size the extraction using simple means and technology, economically. h. Mining activities: Exploration, exploration, exploitation, kleinmijnbouw or operation of building materials. i. Mining rights: the rights as defined in the first paragraph of article 6. j. Minister: The Minister in charge of mining Affairs. k. State Enterprise: a company or legal person in which the State itself and/or through State institutions controls the Board. l. Reconnaissance: The performing procedures with the aim of detecting mineral indications, otherwise than by means of substantial drilling operations, ground or rock moving, or other work making changes to the natural shape of the surface and/or in the condition of the surface. m. Reconnaissance course: The area in which the applicant has been granted the right to exploration.

CHAPTER II

GENERAL PROVISIONS

RIGHTS OF THE STATE IN RELATION TO MINERAL RESOURCES

Article 2

1. all mineral resources in and on the ground are considered to be separated from the ownership of the land. 2. All mineral resources within the territory of the State of Suriname, including the territorial sea, her bottom and surface as defined in the law of 14 april 1978 (Bulletin of acts and decrees 1978 No. 26) belong in property to the State. 3. In the economic zone, being the sea area adjacent to the territorial sea of the Republic of Suriname, which zone is defined in article 3 of the law of 14 april 1978 (Bulletin of acts and decrees 1978 No. 26), exercises the exclusive sovereign rights in respect of exploration Is Suriname and exploration for, ex-ploitatie and conservation of and control of mineral resources on the seabed, in the subsoil and in the higher waters. 4. In the continental shelf, the seabed and subsoil of the maritime area outside the territorial sea, to the outer edge of the continental border, or up to a distance of 200 nautical miles from the baseline from which the breadth of territorial sea is measured in case the continental border is within 200 nautical miles, the State exercises exclusive sovereign rights in respect of Suriname also reconnaissance and exploration for and exploitation of mineral resources. 5. Notwithstanding the foregoing, will be given, among other State decision rules relating to: a. the establishment and use of artificial islands, installations and similar constructions; b. the protection of the marine environment, including the adoption of measures against pollution; c. the provision of scientific investigations and experiments; d. all other activities, aimed at efficient reconnaissance, exploration for and exploitation of mineral resources in the economic zone and the continental shelf. 6. It is no one allowed mining and related activities than in accordance with the mining-related statutory regulations. This work may only be carried out after a right granted by the authorized authority, as defined in article 6.

MINERAL POLICY

Article 3

The national mining policy is reserved to the Government.

The Minister is responsible for the implementation of this policy.

INTERESTS OF THE STATE

Article 4

1. all mining work will be carried out in the most efficient way, taking into account the higher interest of the nation and taking into account the most modern international techniques and in the mining industry and the usual methods generally applicable implied terms, Furthermore, competently using advanced technology and efficient equipment in compliance with current standards in the field of safety and health of workers in particular and the community in General and of standards to protect ecosystems. 2. For the activities listed in paragraph 1 of this article will preferably use be made of Surinamese in Suriname and of produced goods and of services by undertakings established in Suriname, where to obtain them are on no less favourable terms, such as prices, types, quality and other usual conditions in this industry, than those, which similar goods and services can be obtained from elsewhere.

CLASSIFICATION OF MINERALS

Article 5

Quarrying in the framework of this Decree are distinguished into 5 groups: a. bauxite; b. radioactive minerals; c. hydrocarbons; d. other mining and quarrying products, with the exception of building materials; e. building materials.

CHAPTER III

MINING RIGHTS

GENERAL

Article 6

1. keep the power in Mining Rights to carry out mining activities and can be distinguished in: a. the right to exploration; b. the right to exploration; c. the right to exploitation; d. the right to kleinmijnbouw; e. the right to exploitation of building materials. 2. Mining rights are granted only in accordance with the provisions of this Decree. Exploration and exploitation rights relating to mineral resources referred to in article 5 (a), (b) and (c) must be granted by resolution and those relating to mineral resources referred to in article 5 (d) and (e) by order of the Minister. 4. The right to exploration shall be granted by decision of the Minister.

Article 7

Mining rights can be obtained, if this concern: a. radio-active minerals and hydrocarbons, exclusively by State enterprises b. bauxite, exclude by State and private companies. c. other mining and quarrying products and building materials, by both State and private companies as well as by natural persons.

Article 8

1. a holder of a mining law should hold office in Suriname in which a copy of all the technical reports on the work concerned must be present and must regularly book in it to keep up with regular annual closures. 2. If the holder of a mining law is a natural person, this resident of Suriname and legally competent. 3. Not in Suriname established the holder of a mining law should in Suriname about such office space that the requirements referred to in the first paragraph must be solidly fulfilled.

Article 9

1. Mining rights can only be granted if the applicant to the satisfaction of the Minister by, among others, is shown: its financial position, technical ability, organizational skill and experience with regard to the mineral substance (s) for which a mining right is requested.

Article 10


1. The application for obtaining a mining law will in the Dutch language shall be made in writing and be sent in triplicate to the Minister. All documents must have a date and a signature indicating the description of the signatory. 2. The application shall report all necessary data of the applicant, at least: a. with respect to individuals: name and first names, date and place of birth, nationality, residency of Suriname and address; b. with respect to a legal person or membership: name, type of legal person or partnership, it on her-applicable law, the place of incorporation and location, the name and address of a representative in Suriname , civil society, and the paid-up capital as well as the names and addresses of the directors and those who the legal entity or membership to third parties. 3. To the first application, will be added: a. with regard to natural persons: an extract from the population register or a certificate showing his identity; b. with regard to legal persons and memberships:-a certified copy of the articles of Association;-a copy of the last published balance sheet and operating account, profit and loss account, report of the auditor and the Supervisory Board or similar body and the approval of the annual accounts by the general meeting of shareholders or similar body;-a list of name and first names, nationality, profession and address of the President and members of the Supervisory Board or similar body;-the credentials of the signatory. 4. Data mentioned in paragraph 3 of this article at a second and subsequent application does not need to be mentioned if this still apply but the applicant will make mention of the provision already made with the statement that this data is still apply. 5. Any change in respect of the data mentioned in paragraph 3 of this article shall be communicated immediately to the Minister. 6. The Minister may, at any time, additional data other than those mentioned in the second and the third paragraph of this article, of the applicant for a mining right desire.

TRANSFER AND RENTAL

Article 11

1. the right to exploration and the right to kleinmijnbouw are not transferable and cannot be transferred in rent or use. 2. The right to exploration, to exploitation and the right to the right operation of building materials may only be transferred, in whole or in part be ceded to third parties use or hire, after written approval of the authority that is competent to the granting of that right to persons or companies that meet the requirements for an applicant of the relevant law. 3. Those to whom the law mentioned in the second paragraph of this article has been transferred, in use or rent ceded, are severally for all connected with respect to all obligations on them which has been transferred, in rent or use. 4. The right of exploitation and the right to exploitation of building materials are business property rights. The execution thereof shall be applied only after obtaining the consent of the competent authority to the granting of this right, and the execution creditor can only transfer to a third party who wholly in accordance with the requirements of the law which the applicant must meet.

Article 12

A proposed clause in which a holder of a mining law will assume the obligation to transfer his right, in rent or use to face off will advance shall be communicated to the competent authority to the granting of that right, what authority against this clause within two months. Not doing a resistance implies no approval referred to in the second paragraph of article 11 in.

REGISTRATION

Article 13

1. by State Decree the registration at mortgage offices arranged with respect to the State Decree mentioned in that mining rights. The State Decree set in the registry will be public and will apply the negative registry system. 2. A provision, transfer or encumbrance of a mining law is in force by the registration thereof in the register referred to paragraph 1 of this article. 3. The holder of a prior to the date of entry into force of this Decree obtained permit or concession on mining activities is, under penalty of loss of his rights, required within two years after entry into force of the State decree referred to in the first paragraph of this article, to give up his right acquired registration.

TERMINATION AND WITHDRAWAL

Article 14

Mining rights are terminated by:

1. expiry of the term for which they are issued; 2. distance; 3. withdrawal.

Article 15

The right to exploration and the right to exploration will not end by the end of the period for which they have been granted if the holder of the right under article 23 or article 27, timely renewal has applied and not the extension.

Article 16

1. At the end of a mining law will be the holder of the right, to the satisfaction of the Minister, all necessary measures in the interest of public safety, the preservation of the deposition, again to use of the site and the protection of the environment. 2. If the holder of the right referred to in the first paragraph of this article fails to take measures as listed in that paragraph, the State can do to empower themselves by the judge, at the expense of the holder of this right to implement these measures. 3. Unless otherwise when granting a mining right is determined or agreed is the holder or former holder of a mining right shall be entitled within six months of the date of termination of the said law, all property belonging to him in and on the area in which the right is established (was) movable property present. In equal sense he may, but after authorisation by the Minister, stalling, which, in the opinion of the Minister are not necessary for the preservation of the deposition, break off and.

Article 17

1. The holder of a mining law which wish to do away in whole or in part, of that right will make a request to that end at the Minister.

This request will:

a. for the right to reconnaissance, not later than one month; b. for the right to exploration, not later than three months; c. for the right to operate, no later than two years, for the intended date of distance.

In case of partial distance it will request:

a. contain a description of the area, which remains indicating the geographical coordinates of the boundary specified on a map by a surveyor in Suriname crafted figurative in triplo, on which the form being a polygon with respect to the original area where the right relates to and those relating to the area, which will remain and on the same scale as the map on which the mining right was originally granted; b. make mention of the details on the in the to get stane area work performed. 2. The Minister will to the distance that conditions, like him, with regard to public security, the preservation of the deposition and again use of the stane resort, guessed. 3. The Minister will request for distance accept if and as long as the are not fulfilled in the second paragraph of this article conditions. 4. He who renounces all or part of a mining right is required, a final report of its mining activities in the area carried out, assigned to the Minister.

Article 181. The Minister has the power to suspend an issued mining right to withdraw or if the holder of that right: a. except in cases of force majeure, does not meet legal requirements and imposed or agreed terms and conditions applicable to the relevant law; b. mining law, rent or use ceded without prior approval as referred to in article 11; c. the notice of a proposed transfer clause , rent or use referred to in article 12 has not; d. within three months after being due has not complied with any payment to General Government; e. judicial condemned is because of illegal or unauthorized exploitation; f. refused to give effect to an award referred to in the second paragraph of article 62.

2. Suspension or revocation referred to in the first paragraph of this article will not take place before the Minister the holder of mining right in the default indicating which specifically required of him and of a period, not longer than 30 days, within which still the requirements must be met. 3. By the withdrawal ends the mining law on the understanding that all before the 7datum of termination liabilities and obligations resulting from the mining right continue to exist.

DISCOVERY OF MINERAL RESOURCES

Article 19

A holder of a mining right is mandatory, of each mineral deposition, within thirty days after that discovery, the Minister thereof with the addition of all the data available on this subject.

BOOKING OF TERRAIN

Article 20


1. State decree can, over a period of time in respect of certain minerals, areas or areas are reserved: a. in the public interest; b. for granting mining rights under special conditions. 2. The before the date of the State referred to in paragraph 1 of this article the decision to reserve area on existing mining rights are respected.

CHAPTER IV

RIGHT TO EXPLORATION

THE APPLICATION

Article 21

1. the application for the right to exploration will take place in accordance with article 10 and will indicate: a. the form, being a polygon, of land in respect of which the request is made; the geographical coordinates of the vertices of this polygon, one and other specified on a map by a surveyor in Suriname crafted figurative in triplo, scale 1:100,000 to the by the Central aerial mapping published topographic map of the same scale, declaring the borders of the land in respect of which the request is made; (b) the mineral substance (s) in respect of which the application is made; (c). the work programme according to which the applicant intends to carry out activities including (a) timetable (s) , overview (en) of costs, equipment and labour. 2. If further information is required or provided data modifications, will the Minister thereof in writing communication to the applicant.

GRANTING AND DURATION OF THE RIGHT AND

SIZE OF THE AREA

Article 22

1. the right to exploration is, having regard to the third paragraph of article 6 granted for a period of up to two years and can only be extended once for a period of one year. 2. The right to exploration is granted to an area no larger than 200,000 hectares.

RIGHTS

Article 23

1. The holder of the right to exploration, to the exclusion of others, the right to reconnaissance work in or on the crawl site in relation to the mineral substance (s) for which the right has been granted. 2. It also entitled: (a) the area in which his right to enter, for reconnaissance purposes; b. camps and temporary buildings on the crawl area for its personnel and equipment, necessary for said reconnaissance work; c. having samples obtained from research and for necessary tests and analyses; d. after obtained permission from the Minister , to transport samples abroad.

DUTIES

Article 24

The holder of the right to exploration is required: a. to carry out reconnaissance work according to the agreed work programme, timetable and reviews; b. discovery of mineral indication (s) the Minister within thirty days after that discovery, thereof; c. report on work carried out are done on a quarterly basis to the Minister; d annually to the Minister to offer a report which is indicated the scientific and technical results of the work of the relevant year enclosing the necessary maps, profiles, charts and tables as well as a State of the costs incurred and further a State of the workforce by nationality; e. to the Minister State of all raw data, tests and analyses, detailed reports and interpretations, if deemed necessary by the Minister; f. within two months after the termination of its right pursuant to the first paragraph of article 22 , to submit a final report to the Minister, about the work done and the results obtained therefrom; g. half of each point (c) of the second paragraph of article 23 referred sample, available in Suriname.

CHAPTER V

RIGHT TO EXPLORATION

THE APPLICATION

Article 25

1. the application for the right to exploration will take place in accordance with article 10 and will indicate: a. the form being a polygon, of land in respect of which the request is made; the geographical coordinates of the vertices of this polygon, one 9en other specified on a surveyor in Suriname crafted figurative map in triplo, scale 1:100,000 to the by the Central aerial mapping published topographic map of the same scale, declaring the borders of the land in respect of which the request is made; (b) a statement of the in and in close proximity to the site requested villages of in family related residing persons; c. the mineral substance (s) for which the application is made; d. a general work programme according to which the applicant intends to carry out during the term of the right to grant to exploration as well as a detailed work programme with regard to the first twelve months enclosing (a) timetable (s), the cost of the project and deploy personnel and equipment; e. a declaration in which the applicant undertakes to spend a certain minimum sum of money during the first period of the right to grant to exploration referred to in the first paragraph of article 27.2. If further information is required or provided data modifications, will the Minister thereof in writing communication to the applicant. 3. The Minister may require the applicant or a certificate of deposit at a bank or guaranteed by a bank established in Suriname institution, an amount which in his opinion is desired with respect to the declaration mentioned in paragraph (e).

Article 26

1. If the request referred to in article 25 is done by the holder of the right to exploration that meets all the agreed obligations, the Minister will in the short term, all measures to reach an agreement with the applicant. 2. It's related to the same minerals already to the right granted to applicant exploration remains legally in force until the time when the decision on the application referred to in paragraph of this article is taken.

SERVICES

Article 27

1. the right to exploration is, having regard to the third paragraph of article 6, granted for a period of no longer than three years. This first period can be renewed twice for a period of two years, if the holder of the right are granted according to the agreed work programme in the period prior to the extension has carried out to the satisfaction of the Minister and as a direct cost for the previous period at least the minimum sum of money committed has issued and under the condition that the applicant for the next period again directly connects a certain minimum sum of money. 2. The right to exploration is granted for a contiguous area not greater than 40,000 ha. At each renewal as indicated in the first paragraph of this article, the size of the premises be reduced by at least 25% of the surface in the first period in force, at the option of the holder of the 10exploratierecht, on the understanding that the remaining area a contiguous whole. 3. To no other will be granted the right to exploration during the same period in the same area, for the same mineral substance (s). 4. Before granting the right to exploration, the Minister may enter into an agreement with the applicant on special conditions including the right to exploration will be exercised.

RIGHTS

Article 28

1. The holder of the right to exploration, to the exclusion of others, the right to investigative work activities performed in or on the exploration area with respect to the mineral substance (s) for which the right has been granted. 2. It also entitled: a. the exploration area for the activities listed in the first paragraph, to enter; b. to drill holes for sample collection as well as excavations and underground work to do what in his opinion necessary; c. camps and temporary buildings on the exploration area for personnel and equipment needed for said exploration activities; d. the necessary infrastructural works; e. the in the exploration area to use geological samples collected for tests and analyses; f. after obtained permission from the Minister, to transport samples abroad.

DUTIES

Article 29

The holder of the right to exploration is required: a. within three months of granting the right to exploration are to begin exploration work and this work without interruption longer than four months, continue, unless a longer period of interruption by the Minister is allowed; b. the exploration work in accordance with the agreed programme and every year a detailed program for the subsequent year; changes in the work programme can only be made after approval by the Minister; c. by every discovery of mineral deposits (and) the Minister thereof within thirty days of that discovery,; d. If direct costs the minimum monetary amount as shown at the right is granted to exploration, gain; e. complete and accurate States to keep track , which will show, among other things:-number of drilled holes with any drill hole charts, borehole measurements, drill hole profiles and the like;-discovered mineral deposits (and);-raw data obtained from geological, geochemical and geophysical research;


-all other work carried out in connection with the exploration work;-number of persons by nationality, directed to the exploration work here te lande;-expenditure incurred in relation to the exploration work;-all other things that are or will be prescribed. The Minister will at all times have access to the said States may; f. to refrain from commercial production; for marketing of products obtained from trial production is approval of the Minister required; g. half of each sample or core, made available here to lande; h. report on work carried out are done on a quarterly basis to the Minister; i. annually to the Minister to offer a report which is indicated the scientific and technical results of the work of the year in question enclosing the necessary cards , profiles, charts and tables as well as a State of the costs incurred; j. to the Minister State of all raw data, tests and analyses, detailed reports and interpretations, if deemed necessary by the Minister; k. If he is a company, every year within three months of approval of the annual accounts, the annual accounts to the Minister; l. the charge referred to in the first paragraph of article 63.

CHAPTER VI

RIGHT TO EXPLOITATION

REQUEST

Article 30

1. the application for the right to operate in compliance with the provisions of article 10 shall not exceed six months before the termination of the right of exploration to be done. 2. The application will indicate: a. the form, being a polygon from the premises in respect of which the request is made, the geographical coordinates of the vertices of this polygon, one and other specified on a map by a surveyor in Suriname crafted figurative in triplo on a scale not smaller than 1:50, 000, the by the Central Bureau spend the same scale topographical map of aerial mapping , declaring limits of premises in respect of which the request is made; (b) the name (s) of the mineral substance (s) that will be won; c. details of the mineral deposits with a comprehensive report including the details of all proven mineral resources, proven and probable reserves, estimated, in accordance with internationally accepted standards as well as a technological report of extraction and treatment options; d. a program under which the applicant intends to carry out the extraction work with associated timetable; e. to install it production capability and an estimated total of the proceeds from the mineral deposits; f. a prediction of the investing capital, operating costs and sales revenue as well as the intended method of financing; g. a plan of the here country produced goods and services rendered; h. a plan for training and transfer of knowledge to Surinamese people; i. a plan of work on the reusable making uitgemijnd country. 3. If further information is required or provided data modifications, will the Minister thereof in writing communication to the applicant.

Article 31

1. If the request referred to in article 30 is done by the holder of the right to exploration that a mineral deposit of potential commercial value in the exploration area has discovered and additionally to all agreed obligations, the Minister will in the short term, all measures to reach an agreement with the applicant. 2. It's related to the same minerals already to the right granted to applicant exploration remains legally in force until the time when the decision on the application referred to in paragraph 1 of this article is taken.

PARTICIPATION OF THE STATE

Article 32

1. The State has the right of option for participation in operation. 2. If the State intends to make use of the right of option referred to in the previous paragraph, the Minister will, within 2 months of receipt of the application referred to in article 30, notify the applicant of this intention.

GRANTING AND DURATION OF THE RIGHT AND

SIZE OF THE AREA

Article 33

1. The right of exploitation is, having regard to the third paragraph of article 6, granted for a period of not more than twenty five years and may, under the then agreed conditions be extended. If the holder of the right to exploitation would like to make use of the possibility of extending his will, no later than two years prior to the termination of his right, an application to the Minister wish to focus in which his extension is indicated. 2. The right of exploitation shall be granted for an area not greater than 10,000 hectares in total.

RIGHTS

Article 34

1. The holder of the right of exploitation is to the exclusion of others entitled in or on the site of operation to mine minerals for which his right is granted, in compliance with the legal regulations and agreed conditions. 2. It also entitled: a. in paragraph 1 of this article the mined minerals to edit, process, transport and trade in accordance with the provision of the right to exploitation agreed conditions; b. all works and buildings in or on the site of operation to set up and to keep for the extraction and processing of mineral resources for which they have right is granted. If the site of operation domain country, he is also entitled buildings intended for habitation for his staff. The holder of the mining right regarding the work and buildings referred to here the right Victor; c. reconnaissance and exploration work to continue in or on the site of operation with respect to the mineral substance (s) for which his right has been granted; d. in or on its site of operation common wood rebellion and building materials, to use and to process for setting up and maintaining the work referred to in this paragraph (b) and buildings site of operation domain, insofar as the country is concerned. The Minister may impose conditions on this. For the marketing of coiffed and grubbed trees and of excavated building materials, is authorized by the competent authority required; e. If the site of operation domain country, Earth and tree fruits and vegetables for the benefit of the daily diet of his staff. He is prohibited without the authorization of the competent authority responsible for agricultural issues and without regard to the existing and further by intended authority to be determined, on site of operation called farming for commercial purposes.

DUTIES

Article 35

The holder of the right of exploitation is required: a. to begin in good time the agreed activities and to continue this without interruption, unless authorized permission has been granted by the Minister, under the then agreed conditions; b. the location of the site of operation in the field; c. in setting up buildings intended for habitation the legal requirements relating to the construction of residential houses in urban areas ,; d. 30 november each year at the latest, the for the coming year intended to import and export quantities, production ground and/or supplies, fuels, capital goods and other goods necessary for its work, with the import values, as well as an estimate of the export value and revenue, to pay taxes and to the financing amount; e. complete and accurate to keep States in which technical and financial data of all work can be considered; f. to annually of contents doing the law still under its proven and probable reserves, estimated, with applicable maps, geological reports, analyses of minerals, air intakes, drilling profiles as well as of all other data; g. quarterly report of its activities to the Minister, which report will contain among other things:-the quantities produced, processed, traded and exported mineral dust or mineral concentrate , with the composition;-stocks mined mineral dust and/or mineral concentrate with the composition;-the production and export value of the mineral dust or mineral concentrate;-the markets and countries of destination;-the imported quantities of raw or auxiliary materials, types of fuel, capital goods and all other goods needed for the work and the import conditions;-the duties and taxes paid or payable;-number of employees, citizenship and the reimbursed amount; h. annually , no later than ninety days after close of the financial year the Minister to offer, its annual report from which complete understanding can be obtained about the work carried out in the year in question, including, but not limited to: production, investment, export, employment, profit and loss account; i. If it is a company, annually not later than three months after approval of the annual accounts , the year pieces to offer to the Minister; if prompted the Minister j. all additional information, which he considers necessary; k. the charges referred to in the second paragraph of article 63 and article 65.

CHAPTER VII

SMALL MINING

GENERAL

Article 36


1. On kleinmijnbouw the provisions of articles 9, 12, 15 and of chapters IV, V, VI and VIII of this Decree do not apply. 2. The right to kleinmijnbouw may be granted only for mineral resources referred to in article 5 (d). 3. Kleinmijnbouw can be exercised only in areas designated by order of the Minister, which decision is published in the Official Gazette. Areas where mining rights have been granted already, will not be intended for kleinmijnbouw. 4. The right referred to in the second paragraph of this article may be granted only to natural persons who are citizens of Suriname. 5. The right referred to in paragraph 2 of this article may be granted only for one area. 6. The right referred to in the second paragraph of this article shall be granted only for a contiguous area not larger than 200 hectares. REQUEST

Article 37

1. the application for the right to kleinmijnbouw will take place in accordance with article 10 and indicate: a. the form being a polygon from the premises in respect of which the request is made, the geographical coordinates of the vertices of this polygon, one and other specified on a map by a surveyor in Suriname crafted figurative in triplo on a scale not smaller than 1:50,000 , issued by the Central Bureau to the aerial mapping topographic map of the same scale, declaring the borders of the land in respect of which the request is made; (b) the mineral substance (s) for which this right is requested; (c) the manner in which the applicant intends the work related with the exercise of his right,. 2. By order of the Minister, to be published in the Official Gazette, detailed rules can be given in respect of the application. SERVICES

Article 38

1. the right to kleinmijnbouw is granted for a period not longer than two years, which period may be extended with a further period of no longer than two years. 2. The Minister is responsible in the granting of the right to kleinmijnbouw special conditions related to the method of mining. RIGHTS

Article 39

1. The holder of the right to kleinmijnbouw to the exclusion of others, has the power to explore, explore and exploit the mineral substance (s) in or on the site for which the right is granted. It also authorised: a. all works and buildings in or on that site that are necessary for the performance of his work; b. in or on that terrain common wood rebellion on building materials, to use and to process for setting up and maintaining work and buildings, referred to as far as site domain country; c. If that site domain country is , Earth and tree fruits and vegetables to grow for the benefit of the daily diet of him and his staff; e. technical and administrative assistance to the Minister. This assistance will, as far as possible, be provided free of charge. DUTIES

Article 40

The holder of the right to kleinmijnbouw is mandatory: a. to report quarterly to the Minister stating:-the capital invested;-operating costs;-the number of people working in his own field, their name, date of birth and their nationality;-the amount of earth moving and mineral substance (s) mined; b. weekly States to keep track of the amount of earth moving and mineral substance (s) mined; c. to adhere to the conditions; d. levies provided for in articles 64 and 65 to meet.

CHAPTER VIII

BUILDING MATERIALS

GENERAL

Article 41

1. On building materials referred to in article 5 (e) the provisions of articles 9 and 15 and of chapters IV, V, VI and VII of this Decree do not apply. 2. To the owner of the ground, and the business or personal is allowed on domain ground, entitled the common building materials for personal or family use to mine; These materials may not in any form to third parties to be ceded or consideration and may not be brought outside the grounds referred to, then after the right to exploitation of building materials is obtained. 3. State decision can be given detailed rules relating to the management about building materials.

REQUEST

Article 42

1. the application for the right to exploitation of building materials will take place in accordance with article 10, and will indicate: a. the type of construction material for which the right is requested; (b) the proposed manner and estimated duration of the exploration work, whether the proposed mine annually amount of material and the intended method of mine; c. the form being a polygon from the premises in respect of which the request is made , the geographical coordinates of the vertices of this polygon, one and other specified on a map by a surveyor in Suriname crafted figurative in triplo on a scale not smaller than 1:20,000, issued by the Central Bureau to the aerial mapping, declaring the same scale topographical map of boundaries of the premises in respect of which the request is made; (d) the intended plan of it again to use of the site after it mine. 2. At State Decree detailed rules can be given as to the application process.

SERVICES

Article 43

1. the right to exploitation of building materials is granted for a period no longer than five years, which period may be extended with a further period of no longer than five years. 2. The right of exploitation of building materials is granted to an area no larger than 400 hectares 3. If on the ground a pleasure right to exploitation of the right building materials can only be granted to the owner of the land or aandegene that on a business or personal pleasure right domain country. 4. To no other will during the same period a right to exploitation of building materials in the same field, which already has a right to exploitation of building materials is valid. 5. The Minister may in the provision of the law which impose conditions it considers necessary in connection with safety, third-party interests and environmental conservation.

RIGHTS

Article 44

1. The holder of the right of exploitation of building materials to the exclusion of others, has the right to exploration and exploitation activities in relation to the type of building material, where his law relates to. 2. It also entitled: a. infrastructural works and buildings for staff and equipment necessary for said exploration and exploitation work, in or on the premises where his right relates; b. to use on site where are right, common wood rebellion for compiling, setting up and maintaining the infrastructure and buildings referred to in (a); (c). nature and tree fruits and vegetables for the benefit of the daily diet of his to grow staff on site where the right relates to. He is prohibited without permission of the competent authority and without regard to existing and further conditions to be determined by the named authority, called on site, in so far as this country is concerned, commercial agriculture domain.

DUTIES

Article 45

The holder of the right of exploitation of building materials is required: a. each quarter to report to the Minister about the progress and results of exploration work if there thereof; b. the Minister in a timely fashion in advance of his intention to operation, if a phase of exploration work was preceded; c. daily States to keep track of the amount of mined material; d. a quarterly report of its activities to the Minister, what report will contain among other things:-the quantities of;-the traded quantities;-if exported, destination country with export value;-stocks;-a personnel State of nationality, and the reimbursed amount;-the amount paid to royalty. e. 30 november each year at the latest, submit to the Minister a program in which indicated the proposed exploration and/or exploitation work including the intended amount of demolition material and the intended method of mining, for the coming calendar year; f. annually, not later than 90 days after close of the financial year, its annual report the Minister specific offer which complete understanding can be obtained about the work carried out in the year in question , including, but not limited to: production, investment, export, employment, profit and loss account; g. to adhere strictly to any conditions connected with the provision of its law; h. all measures in or on the premises where its right, to protect the health and safety of staff in particular and the community in General as well as to protect ecosystems, i. the Minister all other information which he considers necessary; j. the levies referred to in the second paragraph of article 64 and article 65.

CHAPTER IX

RIGHTS OF THIRD PARTIES

Article 46


In this chapter: a. private land: grounds of which a person other than the State of the right to property, or domain basis under a corporate or personal title issued. b. Copyright holders: those, that the right to property or another business pleasure right on private land. c. Third-interested: those whose, from a personal pleasure right on private land interests arising by detecting or cultivation, quarrying can be impaired.

Article 47

1. Right-holders and derdebelanghebbenden of areas in which a mining right is granted, are required to allow the holder of the mining right, work on are obtained to perform right on condition that they: a. areas referred to by the holder of the mining right timely prior notification of his intention to such a work about going with mention of the goal , time and location where these will come to pass; b. enjoyed in advance or against compensation, assured in advance in accordance with the provision of this Decree. In the first paragraph to right holders and obligation extends to the derdebelanghebbenden by the holder of the mining right to establish or improve the site all works or activities necessary for detecting or cultivation within the area in which the mining law. The holder of the mining right vis-à-vis referred here work the right Victor.

Article 48

1. The holder of a mining law, the interests of the rightholders and reasonably and derdebelanghebbenden will perform its work such that the distillate obtained manner, that the interests of the rightholders and derdebelanghebbenden are affected as little as possible. 2. The holder of a mining law is obliged to the beneficiaries and damage which may or may not be derdebelanghebbenden by its debt is incurred as a result of its work. 3. If no agreement can get parties concerned about the nature and extent of the costs referred to in the previous paragraph, the requesting party requests a court order. 4. The claim to compensation payable under paragraph 2 of this article and as far as not based on an agreement, shall become statute-barred, five years from the day when the damage to the beneficiaries or derdebelanghebbenden. 5. The holder of the mining law, however, is not required to compensate for damage by mining activities caused to buildings and landscape which are apparently with the goal to receive compensation in respect thereof.

Article 49

1. If by mining activities to private land or what this includes, damage is done, the right holders as well as the derdebe-mission authorized to instead of all of them coming to claim compensation in money, that the former State within a reasonable time by the holder of the mining right is restored, unless thereby by the holder of the mining law provision of mining activities is hampered or impossible , without prejudice to the right of the copyright holders and the derdebelanghebbenden for any diminished value of the land and all that this includes, which allowed after recovery in the former should exist, to claim damages under article 48. However, the cost to the recovery in the former State, the amount of compensation in money, then the right-holders and the derdebelanghebbenden is obliged to be content with this compensation.

Article 50

1. The holder of a mining law that will make long-term use of all or part of a private land, at the request of the person entitled to the rent all or part of the intended site for a rental fee to be agreed by the parties. 2. If the area referred to in this article longer than seven years in use by the holder of the mining right or after distance by a condition no longer appropriate for the destination for which rightholder's this used before, the person entitled to the right to require that the holder of the mining right takes over his right in this area for a price to be agreed by the parties. 3. If the parties concerned cannot reach agreement regarding the rent can get referred to in the first paragraph of this article, or the price referred to in paragraph 2 of this article, the requesting party a court order requests. The cost of the proceedings shall be borne by the holder of the mining law, in so far as not decided otherwise by the Court.

Article 51

1. The holder of a mining right shall, if he for mining work, the decision need about private grounds within the grounds, on which he has the right obtained either in full or for portions, wish to take over this first at amicable agreement, against prepaid or insured seek compensation. 2. Can the holder of the mining law on the one hand, and the right-holders and derdebelanghebbenden on the other hand, the compensation referred to in the first paragraph shall not understand, then it will be the most diligent party to the Sub-District Court requests to determine the compensation. The holder of the mining right may also request to determine to which amount for the payment of compensation to be determined security will. 3. Regarding the claim for determination of the amount of the security shall first and advance in a separate judgment ruled.

Article 52

1. only the actual value, which the private grounds and this includes exclusively for the rightholders or by the derdebelanghebbenden, as well as the actual costs and damages as referred to in article 48, shall be eligible. 2. It is considering the reduction of value, which the ground and all that this includes, is supposed to have undergone of the moment, that the holder of the mining law has begun to make use of the soil up to the moment, that the rightholders or derdebelanghebbenden which returned with a view to the use of the grounds by the rightholders or derdebelanghebbenden. 3. The multiple value that the land or portions thereof which is related to the work to be set for the mining activities are supposed to obtain, will come to the determination by the judge of the rental charge, the price or the compensation, not eligible. 4. In the calculation of the rent, the price or compensation for the feature sections of soils is also eight beaten on the depreciation, which for the portions, which are not provided by the holder of the mining right into service, the necessary consequence of that decision.

Article 53

Of all, by the Court of first instance decisions taken under this Decree, except that, where the amount of the security is provided, appeal allowed.

Article 54

The provisions of the code of civil procedure, insofar as they do not deviate from this Decree, apply to all proceedings brought by the holder of the mining law, on the one hand, and the copyright holders and/or third-stakeholders on the other.

Article 55

1. The Court of first instance appoints, if having made a request as referred to in articles 50 and 51 to the rental amount, to determine the price or compensation, for acceptance susceptible eight one or more experts in odd number in order to determine him about the rental price, price or compensation for information. 2. The district judge determines the time and place of as soon as possible by the experts to do research and does the Registrar immediately announced to both parties and the experts. 3. The parties can by the experts to do research today.

Article 56

1. Within 14 days of the end of the investigation, the experts submit their report at the Sub-District Court. 2. The subdistrict court shall inform the parties in occasion to take note of and ensures that the objections to enforcement of their rights, they, either orally, in writing, to the other party if wish to be informed. 3. Parties are summoned by the district judge in order for him to explain or defend their interests more closely on a day to be determined by him, not later than 30 days after the day on which the experts ' report has been filed. 4. Whether the parties whether or not published, does the District Court within fourteen days after the by him under paragraph 3 of this article the amount of rent reserved certain day, price or compensation that is owed to the copyright holders and derdebelanghebbenden due to the use of the ground.

Article 57


1. where beneficiaries or refuse derdebelanghebbenden soils in whole or in part in use after the holder of the mining law has set the compensation paid or the security for that, they can on a writ of the Court of first instance, if necessary, by means of the strong arm to full or partial clearance of the grounds are required. 2. Except in the case referred to in article 51, should land or portions thereof be made available again after made use of the copyright holders and the derdebelanghebbenden. Work on it the holder of the mining right posted or, should be removed and made openings in the Earth's surface such as holes, slots, pits and shafts must be safe be finished. 3. In negligence to meet the obligations laid down in paragraph 2 of this article, the right holders and the derdebelanghebbenden each can for so many they have interest, authorize themselves by the subdistrict court judge do itself in that respect, the necessary measures at the expense of the holder of the mining law.

Article 58

1. If the holder of the mining right to the payment of compensation as referred to in article 48 or to making cost of recovery as referred to in article 49 is mandatory in respect of land, which the State after the grant of the mining right in property to a third party, or any other right in or under any personal right-despite by the holder of the mining law issued a ruling against it on reasonable grounds- , will reimburse the State the holder of the mining law which damages or costs incurred, insofar as arising from action by the holder of the mining law, that-in the light of all the relevant interests of himself, of the State and of others-is reasonable. 2. If the State can not reconcile with the amount to be reimbursed by the State of damages or costs as referred to in the first paragraph of this article, it can ask the district judge of that amount. This shall apply mutatis mutandis to the settlements, which in this Decree have been taken with regard to it by the Court of first instance determine the by the holder of a mining law to pay compensation.

CHAPTER X

DETECTION BECAUSE OF THE STATE

Article 59

1. Right-holders and derdebelanghebbenden as well as holders of mining rights are required to permit because of the state geological work is carried out on site which extend their rights. 2. For the start of work referred to in paragraph 1 of this article, because of the State derdebelanghebbenden, rights holders as well as holders of mining rights in so far as they prevent as such in the public registers or to the State known, of the intention to do so given notice. 3. The notification must state the location where the work will be done and at what time starting a thus will be created. 4. To right holders or derdebelanghebbenden as well as holders of mining rights, the damage caused by the work from State coffers. The provisions of paragraphs 3, 4, and 5, of article 48 shall apply mutatis mutandis.

CHAPTER XI

SURVEILLANCE AND SECRECY

Article 60

1. The monitoring of mining activities and compliance with the provisions of this Decree rests with the Minister. The Minister may by order appoint his organs and persons for the actual supervision. 2. The bodies referred to in paragraph 1 of this article and people are empowered to enter any land, buildings and installations in which mining activities are carried out for actually monitoring in General, and in particular: a. for taking samples; b. for checking reports, registers, the accounting and other records; c. in order to obtain or do obtain other information. 3. The bodies referred to in paragraph 1 of this article and people can have appropriate qualifications of transport respectively by other persons, animals, vehicles, instruments and/or other materials if they judge necessary for the correct execution of their work. The holder, lessee or user of the mining law, the said organs and persons without delay, all the resources and assistance for the correct execution of their work and will also accompany them during their required and issue them all and absorbs information. 4. The bodies referred to in paragraph 1 of this article and people will the normal progress of mining activities not on unnecessary and unreasonably prevent, obstruct and/or harm. 5. The State is not vergoedingsplichtig for damage caused in carrying out under the absorbs referred to in this article, unless there is intent or gross negligence.

SECRECY

Article 61

1. the organs referred to in paragraph 1 of article 60 or persons to secrecy of confidential information which they required in the context of that article. They will release this data may only: a. for the bodies, services and bodies in charge with implementation of this Decree; b. for the purposes of the preparation of official statistics; c. related to take judicial steps; d. related to an examination of the compliance with this Decree; e. with the consent of the provider of the information. 2. Violation of the provisions of this article shall be punished in accordance with the provisions of the Penal Code. 3. The duty to maintain the confidentiality expires with the end of the mining law, in so far as the data does not include patents, licenses and patents and confidential information about the former holder of the mining law.

CHAPTER XII

DISPUTE RESOLUTION

Article 62

1. Disputes concerning the interpretation, application or the applicability of this Decree, between the State and the holder of a mining law or between the latter and a third will be subject to the decision of the Court of first instance in the first Canton. 2. Except in cases concerning taxes, fee and other charges including the establishment of gross income for the calculation of income-tax, the Minister may agree with the applicant for a mining law that any dispute under the right granted, including the claim that there is a dispute, that between the State and the mining industry can be solved amicably and not entitled , subject to the decision in arbitration. These can be agreed that the arbitral decision for implementation will be susceptible by or on behalf of all courts in and outside of Suriname.

CHAPTER XIII

TAXES AND FEES

SURFACE RIGHT

Article 63-1

1. The holder of the right to exploration will at the start of each period from one year to the State, in the hands of the Receiver of direct contributions or other designated official State decision, pay a sum calculated Sf.-100.0 (EENHONDERD GUILDERS) per hectare. 2. The holder of the right of exploitation will during the first period of 5 years, after granting of the relevant law, due to the State the sum of Sf 200.0.-(two HUNDRED GUILDERS) per year per hectare. In the period from the sixth to the tenth year, the annual payment amount 120%, in the period from the eleventh to the fifteenth year 150% and 200% the following years of the amount specified in the first sentence of this paragraph. The far-in this paragraph will be met on an equal schuldigde sum rules laid down in the first paragraph of this article.

FEE

Article 64-2

1. the holder of a right to kleinmijnbouw, an amount of 1,500.0 Sf.-(FIFTEEN HUNDRED GUILDER) due in respect of the grant of that right. Is due with the application for the right to be paid to the receiver of direct contributions or any other State-designated officer decision. If the right to kleinmijnbouw is not granted, the amount paid, after deduction of the costs incurred up to that time, refundable. 2. The holder of a right to exploitation of building materials will annually an amount of Sf 1,500.0.-(FIFTEEN HUNDRED GUILDER) due in respect of the grant of that right. The amount due must be paid in advance to the receiver of direct contributions or a designated officer decision at State, for the first time to pay on the right is granted.

ROYALTY

Article 65

1. the holder of a right of exploitation, a right to kleinmijnbouw and a right to exploitation of building materials will apply. 2. State decision will lay down the manner in which the royalty payable for each type of deposition should be fixed. 3. State decision rules as to how the payment of the royalty will occur, the formalities related to fixing this should be taken into account, as well as on the measures aimed at ensuring the recovery of the amount due.

Article 66

In special circumstances may partial exemption from the payment of royalty pursuant to article 65. The partial exemption will be granted to the holder of a right of exploitation in State decision and to the holder of a right or a right to kleinmijnbouw for operation of building materials by order of the Minister.

RELIEF FROM IMPORT DUTIES

Article 67


1. The Minister of finance and Planning may be done on a request by order grant total or partial relief from import duties for equipment, materials, property or equipment of any kind, those for the mining activities will be used and purchased until the commercial production starts. 2. The Minister of finance and Planning may be done on a request referred to in paragraph 1 by decision the exemption from import duties in respect of the goods referred to therein also purchased in the context of a significant business expansion. In the petition should clearly indicate that it is a significant business expansion. 3. The decision mentioned in the first and second member must be published in the Official Gazette. 4. To the exemption can be made for values.

DEPRECIATION

Article 68

The Minister of finance and Planning done on a request can provide that for the calculation of the profit for the levying of income tax, the depreciation of the costs until the commercial production begins, early and randomly in the first 5 years of commercial production can take place.

REINVESTMENT RESERVE

Article 69

1. the holder of a right of exploitation may be a reserve to reinvestment forms. 2. It shall be charged to the profit to reinvestment in the reserve withdrawal amount is a maximum of 10% of the taxable profits of that year. 3. The reserve to reinvestment must be within 3 years after the reserve is formed in Suriname are reinvested:-in testing or development of mineral occurrences that go along with the right to exploitation from which those profits;-or in equipment intended for new mineral occurrences to mine, or in the equipment to the mining of existing mineral occurrences;-or in the acquisition of shares in companies whose activities are the ordeal , development and exploitation of mineral resources in Suriname. 4. If the reserve to reinvestment for a given year formed not or only partly exploited in the three consecutive years, the remaining unused will share in the profits of the fourth year. 5. In the event of termination of business activities for the expiry of the period referred to in paragraph 4 of this article three-year period, the reserve included in the profit of the year in which such activities are terminated.

Article 70

The facilities regulated by the investment law G.B. 1960 No. 17, text in force G.B. 1974 No. 5 shall not apply to holders of mining right within the meaning of this law.

CHAPTER XIV

PENAL PROVISIONS

Article 71

Any person who: a. mining activities without him mining rights; b. the facilities listed in article 60 refuses and/or no assistance to this end; c. intentionally, in violation of the truth formatted cards, registers, reports, information and wrong samples provided to the State; d. intentionally in violation of the provisions of this decree or legislation adopted in implementation of this , Act is punished with imprisonment of up to two years and/or a fine not exceeding one hundred thousand guilders.

Article 72

1. in article 71 If certain facts are committed by a legal person, the criminal proceedings and the sentence pronounced against here te lande present or established members of the Board or, in the absence of those members, against the representatives of the legal entity here te lande. 2. The provisions of the previous paragraph will apply mutatis mutandis in respect of legal persons acting as Director or representative of another legal entity. 3. No punishment is pronounced against the Member of the Board or against the representative, whose shows, that the fact has been committed outside of his actions.

Article 73

1. With the detection of the offences it by or under this Decree as well as of other offences which the mining concern, are apart from the article 134 of the code of criminal procedure, partly responsible for the appropriate persons to designate by resolution detection officer. 2. The law enforcement official, referred to in the previous paragraph, shall at all times have access to all places, including areas, mines, works and buildings, on the basis of certain facts or circumstances of which he suspects that an offence has been or is being committed. 3. He is denied access, then he provides that, if necessary, with claiming the strong arm. 4. In buildings intended for habitation, he acts against the will of the occupant is not within than: a. accompanied by the relevant District Commissioner or; b. with a general or special written by order of the Attorney-General at the Court of Justice or by the District Commissioner concerned. 5. This entry is within two hours and twenty minutes. It is also the time of entry and of the aim pursued thereby gave an indication to that effect. In case the investigation officer of certain persons designated by him is accompanied, in the minutes mention. 6. He may at any time inspect progressing of all books and records for the good performance of the task which he considers to be necessary inspection.

Article 74

1. everyone is required on first claim to grant access of books and records referred to in article 73, by the criminal investigation officer needed judged. 2. Each one is also required on the mongunningen first claim and/or concessions with regard to the investigation officer needed judged.

CHAPTER XV

TRANSITIONAL PROVISIONS

Article 75

1. The provisions of this Decree shall not affect the rights and obligations arising from previously granted permits and/or concessions with regard to the detection and/or cultivation of minerals for the duration for which they have been issued respectively. 2. At the entry into force of this Decree shall expire: a. Delfstoffenwet (text in force G.B. 1952 No. 28); b. the law of 1 december 1894 comparatively the exploitation of mineral resources in navigable creeks and streams (text in force G.B. 1952 No. 29); c. the law of 23 december 1952 (G.B. 1952 No. 120) concerning the examination of National authorities to the presence of minerals in areas , for which license shall examine the presence or concession to mining and quarrying; d. Article 11 paragraph 3 of the agricultural law (text in force G.B. 1950 No. 87); as well as all legal requirements, is hereby established for the addition, modification or implementation of these laws. 3. To in paragraph (a) and (b) laws and legal regulations adopted pursuant thereto, as last amended, shall continue to apply to licences and concessions resulting from force thereof have been granted.

Article 76

1. can the State Decree articles 9, 10, 21, 24, 25, 29, 30, 35, 40, 45, and with regard to the information provided by the holder of a mining law, be supplemented or amended. This decision shall not apply to State before the date of entry into force already granted mining rights. 2. State decision, the amounts referred to in articles 63 and 64 be amended taking into account a indicate indexing method.

FINAL PROVISIONS

Article 77

1. This Decree may be referred to as the "Decree mining". 2. It shall enter into force entry into force on the 60th day following its promulgation.

1 wt. at S.B. 1997 No. 44.2 wt. at S.B. 1997 No. 44.