Law 14.302
MARMOLES AND GRANITES
RULES ON EXPLORATION, EXPLORATION AND EXPLOITATION ARE SET OUT.
The State Council approved the following
LAW PROJECT
Article 1 °. For the purposes of this law, marbles and granites shall be understood to be those designated minerals in accordance with the general use of such words.
Article 2 °. This law shall apply to the exploration, exploration and exploitation of the marbles and granites immediately used as building and ornamentation materials, without transformation that modifies their substance.
When their substance is transformed or used for other uses, marbles and granites shall be included in Class III provided for in Article 3 of the Mining Code, sanctioned by the decree-law href=" /leyes/ley10327.htm"> 10.327, dated January 28, 1943.
Article 3 °. The one who wishes to operate a marble or granite field in an industrial manner, in his or her own or other's own, may do so provided that it conforms to the regime set out in Titles III to X, including the Mining, except for Articles 43, 44 and 45.
Article 4 °. The one that explodes a marble or granite deposit shall pay the State a production fee equal to 10% (ten percent) of the value of the materials immediately extracted, excluding any other that may be incorporated by further industrialization or transport processes.
Article 5 °. The State will pay the owner of the property in which the deposit is located, 50% (fifty percent) of what the dealer has paid for the production fee.
When the deposit is located in the premises belonging to different owners, the State will distribute the payment in proportion to the extension covering the area of the final concession in the various buildings.
Article 6 °. If the dealer owns all or part of the property in which the deposit is located, compensation will be operated upon payment of the production fee in proportion to what it is required to receive. in accordance with Article 5 °.
Article 7 °. The production fee will be cleared and paid in the form and opportunities determined by the regulation.
Article 8 °. The production fee, made up of the deduction provided for in Article 5 °, shall be placed in a special bank account with the order of the Ministry of Industry and Energy, with its full production being affected. meet the needs of the service in charge of the General Inspectorate of Mines.
Authorised the payment of personal remuneration for services of a technical nature, from the funds raised by such fee.
Article 9 °. The date of entry into force of the Present Law, which is for its own account a marble or granite lay in its own or foreign property and in an industrial operating system, shall be directly request the final concession, aimed at continuing the operation, within one hundred and eighty days from that date.
The fact that the same date is not found in the fields in question, but would have asked the Administration to register the quarry for such a holding, will have, during that term, a priority right to start the procedures leading to the proposed object, in accordance with the provisions of this Law.
For the period indicated no other person may apply for exploration license on the field.
The operator who will be present within the term may continue his exploitation on a provisional basis until the Administration grant you or deny you the final grant.
If, in the course of the holding on a provisional basis, the contractual relationship which led to the start of the extractive activity ceased, for any circumstance, the production fee determined shall be payable at that time. in Article 4 ° and the indemnities corresponding to the regime of the Mining Code, not being able to oppose to the continuity of the exploitation the fact that the respective quantities are not yet fixed.
The continuation of the the extractive tasks provided for in this provision, to those who do not comply with the first paragraph of this article.
Article 10. The surface limit and the surface form requirement of the concessions, which are provided for in Article 31 of the Mining Code, shall not be governed by the area limit, in the case of fields in operation or in respect of which there was an application for a quarry registration to the date of the entry into force of this law.
For the other final concessions the area indicated in the aforementioned article of the Mining Code shall be of a maximum character.
Article 11. The contracts concluded between the person authorizing the formation of the deposit and its operator shall remain effective for the term they have pending, when they have not exceeded two years from the date of the date. of the entry into force of this law. If the term is extended beyond that period, it shall be deemed to be reduced to this.
While the contracts remain effective, the production fee and the compensation corresponding to the rules of the Mining Code shall not be required. even if the final concession is authorized during that period.
Article 12. Interpret that the Tax referred to in Article 352 of Law
13,835of 7 January 1970 does not apply to marbles and granites with the definition given by the Article 1 of this Law.
Article 13. The Executive Branch, when regulating the law, will determine the determination of the value of the extracted material, for the purposes of settling the applicable royalty.
Article 14. Commune, etc.
Session of the State Council, in Montevideo, on November 20, 1974.
ALBERTO DEMICHELI
President
Andres M. Mata
Manuel Maria de la Bandera
Secretaries
Ministry of Education and Culture.
Ministry of Industry and Energy.
Montevideo, November 26, 1974.
Comply, acknowledge receipt, communicate, post and insert into the National Law and Decrees Registero.
BORDABERRY
EDWORLD ORANGE
ADOLFO CARDOSO GUANI
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Montevideo, April 1998. Legislative Power. |
