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

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4665&RID=-1&Last=10058&First=0&CurrentPage=7&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 26 of 2009

Provisions extraction and Investment raw materials Almqlaah



President of the Republic based on the provisions of the Constitution and what was approved by the People's Assembly in its meeting held on 11/03/1430 H corresponding 21-10-2009 L M

Issued the following:

Material (1)

Intended expressions listed below, wherever they appear in this Law, the meanings set forth by each of them:

Ministry: Ministry of Petroleum and Mineral Resources.

Minister: Minister of Oil and Mineral Resources.

Province: the province that is located within the administrative borders place the quarry.

Institution: General Establishment of Geology and Mineral Resources.

Branch: General Establishment of Geology and Mineral Resources Branch in the province.

Mineral wealth companies: public companies of the General Establishment of Geology and Mineral Resources.

Raw materials Almqlaah: natural materials are used for the purposes of building and construction and decoration, industry, agriculture and improve the environment and include sedimentary rocks and vaporized and impulsivity and Alasthalah kinds.

Quarry: the land on which the surface or subsurface processes for the extraction of ores and invest or Mqlaah materials.

License: a document issued by the Governor or the institution in accordance with the provisions of this law allows the owner to extract and invest ores or materials Mqlaah from a certain area and during a specific period of time.

Licensee: any natural or legal person gives the extraction and investment ores or certain Mqlaah materials license.

Rehabilitate the place of the quarry: the measures and actions that must be performed to restore the quarry site to a natural state during and after the end of all business Almqlaah it and get rid of all the waste and waste resulting from his investment.

Article (2)

Taking into account the provisions of the Legislative Decree No. 25 of 2007, the provisions of this law apply to all land containing raw materials Almqlaah surface and subsurface exception due areas of protection of places of worship, archaeological sites, tourist areas, cemeteries, security zones beaches of seas, lakes, springs and wells , land on which the public roads, airports, dams, ports, factories, housing and establishments and lines carrying water, oil and gas can justifying reasons to add other areas by a decision of the Council of Ministers upon the proposal of the ministry concerned and if there ores and useful materials of economic interest under the surface of this land may cover with the provisions this law decision issued by the Council of Ministers on the recommendation of the Minister.
Article
(3)

All extraction and Investment raw materials Almqlaah operations are subject to whatever the person or entity that conducts its license in accordance with the provisions of this Act and instructed the executive with the exception of public bodies which provided instruments of its creation on assuming extraction and investing in mineral wealth or natural raw materials.

Article (4)

Longer the property of the state of all raw materials and natural materials Almqlaah located within the boundaries of the territory of the Syrian Arab Republic, whether on the surface or in the interior or in the territorial waters and the continental shelf and the licensee has the right to invest once extracted from the area licensee in accordance with the provisions of this law and the executive instructions.

Article (5)


Divided raw materials Almqlaah into two categories:

First category:

Raw materials and raw materials for building and construction business, including, but not limited to:

1- and dolomitic limestone and basalt and sand to grind .. sand and gravel river and Saliyah kinds .. The sand quartz vestiges.

2- building stones and rocks, marble and granite rocks decorations .. ..algabro ..turakit .. .. basalt outcroppings ..alohjar limestone and dolomitic rocks Alasthalah kinds.

Second category:

Raw materials and raw materials for industry and agriculture and for the environment, including, but not limited to:

1- Algdharyat manufacturing porcelain and ceramic sanitary ware, bricks and tiles, cement, drilling fluids and purification, and others.

2- limestone rocks and Almarlah for cement, paper, paints, powders and lime neighborhood, glass and others.

3- dolomitic rocks for the manufacture of refractories, glass, metal smelting and others.

4- basaltic rocks and volcanic tuff for the manufacture of cement, wool and yarn, pipes and castings and filtering, isolation and block lightweight panels and others.

5- phosphate ores and plaster and Alanhdric, zeolite, and trachyte Alnivilin isocyanate and Altrepola sand Alkuartza pure iron, bauxite, asphalt, shale oil, and others.

Article (6)

Any classified materials or materials Mqlaah not mentioned in one of the categories mentioned in the previous article by a ministerial decision on the proposal institution.

Article (7)

Except ores Almqlaah and materials, which holds the invested mineral wealth firms subject Investment raw materials Almqlaah referred to in the first category of Article "5" previous license issued by the governor with the approval of the Executive Office of the provincial council and the branch of the institution and the Directorate of Agriculture and Agrarian Reform, and is subject to investment raw materials Almqlaah referred to in the second category of the article "5" for the previous license issued by the institution after the approval of the minister and the Department of Agriculture and agrarian reform in the province.

Article (8)

The Agency may, in coordination with the mineral wealth companies and after consultation with the ministry opinion and approval of the Cabinet licensing views private and joint sectors to invest any of the raw materials Almqlaah and materials, which holds the production of those companies under a contract to extract specifying the terms and conditions of the license and the obligations and rights of both parties, including state revenues.

Article (9)

License is granted for a period of three years, renewable at the suggestion of the institution and the consent of the owner or the owner, provided the state comply with the instructions of the Executive and the complementary provisions of this law and the payment of all of the license and the financial obligations stipulated in Article 14 thereof.

Article (10)

A license is considered for the duration of personal and spatial force entails responsibility to its owner and the governor or organization "by raw materials category Almqlaah" right after the approval of the owner or the owner to the state:

1- transfer of rights and obligations of the license to the heirs or their representatives by law.

2- introduction of the partners in the license based on the licensee or his heirs asked.


3- transfer the license to a third party based on the licensee or his heirs asked.

B prescribed by the minister in agreement with the minister of finance charges arising from the cases of transfer of the license or the introduction of the partners set forth in paragraph "a" previous devolve revenue to the public treasury of the state.

Article (11)

Shall enjoy the site license at renewal or transfer of non-protection, which may arise from the nearby construction, carried out by individuals in violation of the laws and regulations in force.

(B) The Minister may or purses as raw materials Almqlaah category and based on reasoned request from one of the public bodies and the institution after poll stop investing in the quarry temporarily licensed or non-renewal of the license or definitively canceled.

Article (12)

A-institution may, after approval by public bodies relevant to the granting of licenses Mqlaah temporarily in the following cases:

1- to secure Almqlaah materials for projects and the state awarded to contractors under contract with public entities to implement these projects.

2- to invest Almqlaah materials resulting from agricultural land reclamation operations.

3-to invest Mqlaah materials from sites had been placed in the investment previously has not been rehabilitated.

(B) determine the conditions and rules for granting temporary licenses in the executive instructions of this law.

Article (13)

Taking into account what is stated in Article 2 of this Act may, after approval of the Cabinet allocation of the institution by the Minister of Agriculture and Agrarian Reform specific sites of the territory of state property in which the materials and ores Mqlaah are deposited to extract economic and environmental suitable for the establishment of a centralized gatherings Investments Almqlaah technical conditions in the provinces and regulate the granting of licenses.

Article (14)

A- met at the request of granting Almqlaah license and renewal of a license fee for every square meter of the licensed area determines the amount and modifies the decision of the minister in agreement with the Minister of Finance and construed revenue to the public treasury of the state.

B satisfy the value of the right of the State annually for materials and raw materials Almqlaah invested under and in accordance with the provisions of Law No. 67 of 2006 and instructed the executive views the private and joint sectors or Article 12 of Law No. 20 of 1991 for the quarries of public sector bodies license.

C local management fee in accordance with the laws and regulations in force.

D expenses to be borne by the institution to meet its studies and tests and statements and technical procedures for granting the license or renew or enter their partners, or transfer to non amount determined and adjusted by decision of the Board of Directors and get to their advantage.

Article (15)

Shall abide by the applicant after the payment of a sum of money awarded in favor of maintaining insurance for the rehabilitation of the quarry location determines the amount and modifies the decision of the minister in agreement with the ministers, "local administration" Agriculture and Agrarian Reform of State for Environmental Affairs procedures completed.

(B) re-insurance amount in whole or in part to the licensee if the rehabilitated quarry place within six months of the end of his investment in a final in the absence of doing so insurance confiscated for the benefit of the province to take over the rehabilitation of the quarry.


(C) An estimate of 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 enterprise branch and the departments of Environment, Agriculture and Agrarian Reform and filtered insurance amount, according to estimates by the Committee.

Article (16)

Addition to the fine provided for in Article 6 of Law No. 67 of 2006 imposes on each person invests Mqa without a fine equivalent to ten times the license fee provided for in item "a" of Article 14 of this law license.

Article (17)

Addition to the fine provided for in Article 7 of Law No. 67 of 2006 imposes on the licensee in excess of the investment area of ​​more than 25 percent of the license granted to him an area of ​​a fine equivalent to three times the license fee provided for in item "a" of Article 14 of this law.

Article (18)

Financial penalties stipulated in articles 16 and 17 the previous two do not relieve the violator to pay all financial obligations stipulated in Article 14 of this Act as if it were licensed.

Article (19)

Are collecting fees, fines and financial obligations stipulated in the preceding 16-17-18 materials by financial circles direct the collection in accordance with the laws and regulations in force.

Article (20)

Gives workers in the organization designated by the Director General after their oath the validity of the judicial police organized Illot on violators of the provisions of this law and are entitled to access to the warehouses, stores and establishments in which there are ores or materials Mqlaah to verify the legal possession is the reluctance of those workers or abuse as an assault on members of the judicial police and punished organizers so the penalties prescribed in the Penal Code.

Article (21)

Alillot organization forwarded under the provisions of this law to the public prosecutor competent financial directorate including the amounts invested materials and all financial obligations and fines resulting from the offense.

Article (22)

Violations of the provisions of this Act shall be confirmed by the minutes of tuning organized by at least two jurors workers in the organization and works Balillot mentioned to prove forgery by virtue of a final judicial decision.

Article (23)

Determine the origins of the organization Illot offenses and related provisions in the executive instructions of this law.

Article (24)

Minister shall issue at the suggestion of the enterprise operational instructions and complementary provisions of this law shall determine which particular:

1- conditions that must be met in the student investment license Almqlaa.

2-procedures for obtaining the license and renewal.

3- technical conditions to invest quarries.

4- safety distances that separate the quarry on the protection sites.

5. Terms explosives storage and use.

6- supervision and control over the investment business.

7. Supporters commitment.

Article (25)

Repealed Resolution No. 253 L.r date of 11.08.1935, as amended, and shall apply the provisions of this law when they conflict with the laws of any other window before its release.

Article (26)

Settled license conditions Almqlaah list with the provisions of this Act upon their renewal.

Article (27)


This law shall be published in the Official Gazette and shall come into force three months after the date of issue.



President
Bashar al-Assad






















Egyptian lawyer Nahel