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Law 26 Of 2009 And The Provisions Of The Extraction Of Raw Materials And Investment Material Almqlaah

Original Language Title: القانون 26 لعام 2009 أحكام استخراج واستثمار الخامات والمواد المقلعية

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Law No. 26 of 2009 Provisions for the extraction and investment of raw materials and articles


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Act No. 6 of 2009
Date-birth: 2009-11-01 History-Hjri: 1430-11-14
Published as: 2009-11-01
Section: A law.

Information on this Act:
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Law 26 of 2009
Provisions for the extraction and investment of raw materials and articles

President
Based on the provisions of the Constitution, and as approved by the People's Assembly at its meeting held on the date of 3-11-1430 A.H., 21-10-2009,

The following are issued:

Article 1

The terms listed below and where in this Act shall mean the meanings set forth in each of them:
Ministry of Petroleum and Mineral Resources
Minister: Minister of Petroleum and Mineral Resources
Maintenance: The province within its administrative boundaries is the place of the quarry.
Foundation: Public Foundation for Geology and Mineral Wealth.
Branch: branch of the General Foundation for Geology and Mineral Resources in the prefecture.
Mineral wealth companies: public companies affiliated with the Public Enterprise of Geology and Mineral Resources.
The raw materials and materials are natural materials used for construction, construction, decorations, industry, agriculture and environmental improvement, and include sedimentary, evaporite, subconscious, and evoking rocks.
The quarry: Earth that is based on surface operations or subsurface operations to extract and invest raw materials or materials.
License: A document issued by the Governor or the Corporation in accordance with the provisions of this Law allows its owner to extract and invest raw materials or materials from a particular area and within a specified period of time.
Licendo: Any natural or legal person granting a licence to extract and invest certain raw materials or articles.
Rehabilitation of place of quarry: actions and actions that must be carried out to restore the location of the quarry to the natural condition during and after the end of all the work in which it is completed and dispose of all waste and waste resulting from its investment.

Article 2

Taking into account the provisions of Legislative Decree No. 25 of 2007, the provisions of this law shall apply to all land containing raw materials, subsurface and subsurface materials, excluding protected areas, places of worship, archaeological sites, tourist areas, cemeteries, security zones The shores of the seas and lakes, springs and wells, lands that are based on public roads, airports, dams, ports, factories, housing, facilities, water and gas transmission lines, oil and gas, and, for the reasons of the Ministry's proposal, other areas may be added by a decision of the Cabinet. In the event of raw materials and useful materials of economic importance under the surface of these lands, they may be included. The provisions of this Act shall be made by a decision of the Council of Ministers upon the Minister's proposal.

Article 3

All the extraction and investment of raw materials and materials is subject to any person or entity that is licensed in accordance with the provisions of this law and its executive instructions, except for the public bodies whose instruments are stipulated in the extraction and investment of mineral wealth or raw materials. Natural.

Article 4

All raw materials and natural articles within the borders of the Syrian Arab Republic, whether on their surface, in the subsoil or in their territorial waters, and for the licensor, are entitled to be invested by the State as soon as it is extracted from the area in which it is licensed. to the provisions of this law and its executive instructions.

Article 5

The raw materials and materials are divided into two categories:
Category I:
The raw materials and raw materials required for construction and construction works include, but are not limited to:
1. Classy, Dulmite, basaltic and sandy rock, sand, river gravel and silt with species, and quartz sand.
2. Construction stones, marble rocks, ornamental rocks, granite, paraphyte, basalt, serpentine stones, clarinet, blood, and rock, and the rocks.
Category II:
The raw materials and raw materials required for industry, agriculture and environmental purposes include, but are not limited to:
1. The cartilage for the manufacture of ceramics, ceramics, sanitary ware, agger, bricks, cement, drilling fluids, purification and others.
2. Classy and marina rocks for the manufacture of cement, paper, paints, powders, live dogs, glass and others.
3. Dulmite rocks for thermals, glass, smelting of metals and others.
4. The basaltic rock, the volcanic parasite of the cement industry, wool, thread, piping, bumper, flint, insulation, blues, lightweight panels, and others.
5. Phosphate, coaster, defeatist, zeolite, trout, neveline Cyanite, tripoli, pure quartz sand, iron, bauxite, asphalt, oily gil and others.

Article 6

Any raw material or material that is not mentioned in one of the two categories listed in the preceding article shall be classified by decision of the Minister upon the proposal of the Enterprise.

Article 7

With the exception of raw materials and articles that are invested by mineral wealth companies, the investment of raw materials and articles referred to in the first category of Article 5 is subject to a license issued by the Governor after approval by the Executive Office of the Provincial Council, the branch of the institution and the directorate. Agriculture and agrarian reform, and the investment of raw materials and materials referred to in the second category of Article "5" is subject to a license issued by the institution following the approval of the Minister and the Directorate of Agriculture and Agrarian Reform in the governorate.

Article 8

The institution, in coordination with the mineral wealth companies and after exploring the Ministry's opinion and the approval of the cabinet, may authorize private and joint private sector bodies to invest any of the raw materials and materials produced by those companies under an extraction contract in which the licensing rules and conditions are determined. The obligations and rights of the parties, including those of the State.

Article 9

The licence shall be granted for a period of three years, renewable upon the proposal of the Corporation and the approval of the owner or the holder of the mandate, provided that the executive instructions and provisions of this Act are adhered to and that all financial obligations arising from the licence provided for in article 14 of this Law shall be reimbursed.

Article 10

a. For the duration of its period of personal and spatial effect, the licence shall be the responsibility of its owner, the mayor or the institution "in the category of ores and articles" entitled "Right after approval by the owner or by the owner of the mandate":
1. Transfer of licence rights and obligations to heirs or their legal representative.
2. Introduce the licence partners at the request of the licensee or its heirs.
3. Transfer the licence to others at the request of the licensee or its heirs.
b. By decision of the Minister in agreement with the Minister of Finance, the charges for the transfer of the licence or the introduction of its partners provided for in the preceding paragraph "a" shall be determined by the Minister of Finance and shall be responsible for the general treasury of the State.

Article 11

a. The location of the licence when it is renewed or transferred to others shall enjoy protection, which may arise in close proximity to the establishment of personnel in violation of the laws and regulations in force.
b. The Minister or the Governor may, depending on the category of raw materials and articles, on the basis of a reasoned request from a public body and after the institution's opinion poll, suspend investment in a licensed quarry temporarily, or not to renew or cancel the licence.

Article 12

a. The institution may, after approval by the relevant public authorities, grant licences to be granted in the following cases:
1. To secure the articles that are necessary for State projects and are awarded to contractors engaged with public contractors for the implementation of such projects.
2. To invest the articles resulting from agricultural land reclamation processes.
3. To invest skillet materials from sites that were previously placed on investment and have not been rehabilitated.
b. The conditions and rules for granting temporary licences shall be set out in the executive instructions of this Act.

Article 13

Taking into account Article 2 of this Law, after approval by the Council of Ministers, the institution may be allocated by the Minister of Agriculture and Agrarian Reform at specific locations from the lands of the State where materials and raw materials are put in place to be subject to technical, economic and environmental conditions suitable for the establishment of the institution. Central groupings of governorate-level investments in the governorates and the regulation of the granting of licences.

Article 14

a. When requesting the granting and renewal of a licence fee, a licence fee for each square metre of the licensed area shall be determined and amended by decision of the Minister in agreement with the Minister of Finance and shall be made public for the general treasury of the State.
b. The value of the State's annual right to material and raw materials invested under the licence is fulfilled in accordance with the provisions of Law No. 67 of 2006 and its operational instructions to private and public sectors, or article 12 of Act No. 20 of 1991, for the indepence of the public sector.
c. Local management fees in accordance with applicable laws and regulations.
d. The expenses incurred by the Enterprise for carrying out studies, tests, technical lists and procedures for granting, refurbating, introducing or transferring partners to others, which shall be defined and amended by decision of the governing body of the organization and shall be awarded for its benefit.

Article 15

a. Following the completion of the procedures for granting them the payment of a sum of money in the interest of the governorate, the request for the rehabilitation of the place of the quarry shall be determined by the minister in agreement with the ministers of the "local administration" of agriculture and land reform for environmental affairs.
b. The insurance shall be returned in full or in part to the licensee if it requalify the place of the quarry within six months after the end of its investment in a final form and in the event that it does not confiscate the insurance in the interest of the county for the rehabilitation of the quarry.
c. The adequacy of the work carried out by the licensee to rehabilitate the place of the quarry by a committee formed by a decision of the Governor and with the participation of representatives from the branch of the institution, the directors of the environment, agriculture and agrarian reform and the amount of insurance is estimated in accordance with the Commission's estimates.

Article 16

In addition to the fine provided for in article 6 of Act No. 67 of 2006, every person who invests in a quarry without a licence is fined ten times the licence fee set forth in section 14, section A, of this Law.

Article 17

In addition to the fine provided for in section 7 of Act No. 67 of 2006, a licensee who exceeds investment exceeds 25 percent of the licence area granted to it a fine of three times the licence fee set forth in article 14, section A, of this The law.

Article 18

The financial penalties provided for in the preceding Articles 16 and 17 do not exempt the contrary from the payment of all financial obligations under article 14 of this Law as if it were licensed.

Article 19

Fees, fines and financial obligations provided for in former Articles 16-17-18 are collected by financial services with direct collection in accordance with the laws and regulations in force.

Article 20

The employees of the institution, designated by its general manager after their performance, shall be granted the authority of the judicial officer to regulate the right in conflict with the provisions of this law. They are entitled to enter warehouses, stores and facilities where there are raw materials or articles for verification. Their possession and the reluctance of such employees to assault them are tantamount to assaulting the officers of the judicial officer and punishing those who are subject to the penalties provided for in the penal code.

Article 21

The octopus organized under the provisions of this Act shall be referred to the Public Prosecutor's Office and the competent Financial Directorate, including the quantities of the invested material and all financial obligations and fines arising from the offence.

Article 22

Violations of the provisions of this Act are established by the record of an arrest organized by at least two jurors of the institution and of the said octopus until proven guilty by a judicial judgement.

Article 23

The assets and provisions of the octopus organization shall be determined in the executive instructions of this Act.

Article 24

On the proposal of the institution, the Minister shall issue the executive instructions and the provisions in which this law shall be supplemented, in particular, to:
1. The conditions that must be provided in a student's licensed investment license.
2. Procedures for obtaining and renewing the licence.
3. Technical conditions for the investment of the indeper.
4. Safety distances separated from protected sites.
5. Conditions for the storage and use of explosives.
6. Supervision and oversight of investment work.
7. Commitment supporters.

Article 25

Decision No. 253 L. R of 8-11-1335 shall be repealed and amended and the provisions of this Act shall be applied when opposed to any other laws in force prior to its promulgation.

Article 26

The status of the existing licences shall be settled with the provisions of this Law when they are renewed.

Article 27

This law is published in the Official Journal and is considered to be effective three months after the date of its promulgation.


President

Bashar al-Assad

Lawyer Naam Al-Masri












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