ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: ENVIRONMENT
Izdanje: LAW ON MINING AND GEOLOGICAL SURVEYS
Published in the Službeni glasnik RS, Nos. 101/15 of 8 December 2015, 95/18 of 8 December 2018 (other law) and 40/21 of 22 April 2021
Sekcija: I. BASIC PROVISIONS

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  • 1. Scope of the Law
    • Article 1

      This Law shall regulate mineral policy measures and activities and mineral policy implementation method, development policies for geological surveys and mining, conditions and method of geological surveying of mineral and other geological resources, survey of geological environment, as well as geological surveys for the purpose of spatial and urban planning, design, construction of facilities and remediation and re-cultivation of terrain, classification method for resources and reserves of mineral raw materials and ground water and geothermal resources, exploitation of reserves of mineral raw materials and other geological resources, construction, exploitation and maintenance of mining facilities, plants, machinery and equipment, conducting of mining works, mining waste management, remediation and re-cultivation procedures for abandoned mining facilities, as well as monitoring of the implementation of this Law.

    • Principles*
       Article 2*

      This Law and other laws, as well as by-laws, when applied in connection with the activities that are the subject matter of the regulation of this Law, shall be interpreted and applied in accordance with the following principles:

      1) a continuous supply of sufficient quantities of mineral raw materials shall be necessary for strengthening and sustaining the market economy in the Republic of Serbia;

      2) the aim of this Law shall be to regulate the relations regarding geological surveys and mining in a balanced manner, which ensures the economic, social and environmental sustainability of these activities and projects, in the conditions of the market economy;

      3) the holders of the rights obtained on the basis of this Law shall be obligated to act in all their activities according to the best business, social and environmental rules of the profession, and to apply the best technical methods and means in geological surveys and exploitation of mineral raw materials, in order to improve project sustainability and security of them all, and to prevent, reduce and eliminate the damages and obstacles resulting from the activities regulated by this Law as much as possible;

      4) the security, predictability and continuity of the surveying and mining rights in accordance with this Law shall be guaranteed.

    • Article 3

      Terms used in this Law shall have the following meaning:

      1) geological environment shall be the part of the earth's crust consisting of: the soil with aerated zones and zones of mineral nutrition of plants, rocks, surface and ground water, mineral and other geological resources;

      2) geological resources shall include: an area with its geological, environmental and other properties, mineral resources, ground water resources and geothermal resources;

      3) mineral resources shall constitute parts of the geological resources, determined by adequate methods and procedures of geological survey in a specified area - deposit, which occur in such a form, quantity and quality that there are rational outlooks for the economic exploitation thereof, which is, however, at the time of reporting, not proven. Mineral resources shall include the resources of solid mineral raw materials (metallic, non-metallic and energy) and liquid and gaseous mineral raw materials (oil, condensates and natural gas). According to the level of geodetic surveying, the solid mineral resources shall be divided into (classified as): inferred, indicated and measured according to the Pan-European Code for Reporting of Exploration Results, Mineral Resources and Reserves (PERC). The resources of liquid and gaseous mineral raw materials shall be divided in the following classes: prospective resources, conditional resources and produced resources and reserves;

      4) resources of ground water shall be the renewable geological resources that comprise of all types of ground water (drinking, mineral * thermal and thermomineral) irrespective of the quality or temperature thereof;

      5) geothermal resources shall represent a set of renewable geological resources that includes ground water and heat from rock masses from which thermal energy extraction is possible. The geothermal resources shall include: the sub-geothermal resources with water temperature and rock masses' temperature of up to 30 °С, resources of low enthalpy from which the extraction of thermal energy of 30°С to 100°С is possible and the resources of medium enthalpy from which the extraction of thermal energy of 100°С to 200°С is possible and the resources of high enthalpy from which the extraction of thermal energy of more than 200°С is possible;

      6) enthalpy shall mean the total energy of a thermodynamic system that is equal to the sum of internal energy plus the energy of the product of pressure and volume of the system;

      7) technogenic mineral resources shall constitute the part of the mineral resources generated during the process of exploitation, preparation and processing of primary mineral raw materials, as well as of the secondary concentrations, and these can be found in mining and flotation tailing dumps, ash dumps, landfills for metallurgical slag and in other landfills;

      8) mineral raw materials shall be the concentrations of mineral substances, of the organic and inorganic origin, which may be used in a cost-effective manner at a certain level of technical and technological development, either in their natural form or upon adequate processing. They shall include all types of coal and oil shale (slates), liquid and gaseous hydrocarbons (oil and gas) and other natural gases, radioactive mineral raw materials, metallic mineral raw materials, including precious and rare metals, non-metallic mineral raw materials, including raw materials for the supply of construction materials, precious and semiprecious stones, all types of salts and solvents, ground water from which useful mineral raw materials are obtained, ground water related to mining technology and accompanying gases, technogenic mineral raw materials and secondary mineral raw materials;

      9) reserves of mineral raw materials (hereinafter: the mineral reserves) shall be the portion of mineral resources in the deposits, which occur in such a form, with such quality and in such quantities that the technical viability, economic cost-effectiveness and environmental acceptability of the exploitation thereof have been proven. Mineral reserves shall be the commercially exploitable portion of the measured and/or indicated mineral resources, from which the foreseen losses and dilutions during exploitation are deducted;

      10) classification of reserves of mineral raw materials shall be the classification of the reserves of mineral raw materials in corresponding classes according to the current version of the Pan-European Code for Reporting of Exploration Results, Mineral Resources and Reserves (PERC), depending on: the degree of geological survey conducted and understanding thereof, estimate of the potential and viability of exploitation and the level of cost-effectiveness of the exploitation thereof. The reserves of solid mineral raw materials are, according to growing geological understanding, reliability and examination of modifying factors (factors and indicators of the technical and economic assessment), divided in the following classes: probable reserves and proven reserves, and the reserves of oil, condensates and natural gases are classified into the hypothetical, probable and definite reserves;

      11) ground water reserves shall be the quantities of free ground water that are, under the impact of natural or anthropogenic influences, formed and renewed within an aquifer saturation zone;

      12) geological survey shall be a complex process and a series of activities that include the implementation of appropriate methods and technical resources, which is conducted with the aim of understanding the development, composition and structure of the earth's crust, detecting, examining and conducting geological and economic assessment of mineral and other geological resources, exploring and determining the reserves of mineral raw materials and the potential for exploitation thereof, determining and assessing the geological, engineering-geological and hydrogeological properties of the terrain under survey, particularly from the aspect of spatial and urban planning, design and construction of facilities, as well as with the aim of determining and eliminating harmful effects of geological and technogenic processes on geological environment and on environment and cultural property and resources under previous protection;

      13) non-metallic mineral raw materials for the supply of construction materials shall be the mineral resources that are used as: technical and construction stone (TCS); architectural and construction (decorative) stone (ACS); brick, ceramic and incombustible clays, raw materials for the production of cement and lime, as well as sand and gravel in industry and construction industry as well as carbonate raw materials, tuff, zeolitized tuff and peat, which are used in industry;

      14) natural construction material shall be the rock material obtained through the exploitation of non-metallic mineral resources without the use of explosives, i.e., by using only the traditional manual tools (hammer, chisel, mallet, handspike, etc.), that can be used in construction industry in its natural form (unprocessed, semi-processed or processed) as: the construction stone (cut, rubbled, broken); decorative stone (for floor and wall coating), as well as sand and gravel in their natural, non-separated condition;

      15) geological survey works shall include all types of field, laboratory and indoor research work and testing performed with the aim of detecting and exploring the mineral and other geological resources and reserves of mineral raw materials and ground water and geothermal energy, as well as of exploring the geological environment;

      16) applied geological survey shall mean the set of processes and activities conducted for the purpose of detecting and obtaining relevant data about: the geological structure, genesis, qualitative and quantitative properties of the mineral and other geological resources; hydrogeological and geothermal, engineering-geological and geotechnical properties and geodynamic characteristics of a geological environment, as a part of the terrain of special interest for spatial and urban planning, design and construction of buildings, mining and other facilities;

      17) geological hazard shall be the probability of activation of a potentially dangerous geological process (a landslide, avalanche, subsidence, earthquake, torrent, flood, etc.) in a certain area and during a certain period of time, which shall additionally include the scope of the activated process (the surface area of the terrain consumed by the landslide, settlement, volume of masses in movement, character of pollution of a geological environment, magnitude of the earthquake, etc.);

      18) geological risk shall be the expected level of the negative consequences of a specific geological process, in a specific area and over a specific period of time, for the nature, material resources and people;

      19) report on hydro geothermal survey shall be the document on: geological and hydrogeological properties of water sources; quantities and temperature of the estimated ground water resources; construction of wells; conditions for exploitation and environmental protection * ;

      20) tailings shall be the mining waste that needs to be relocated in order to perform exploitation of the useful mineral raw materials, and flotation tailings shall be the mining waste from the flotation process of the mineral raw material;

      21) dumpsite shall be the area designated for stockpiling or disposal of mining waste in a solid or liquid state or in the form of solutions and suspensions;

      22) annual report on the results of geological survey shall be a document on the types, scope and results of performed geological survey works. It shall pertain to a continuous 12 months' period of geological survey works and it shall commence on the date of obtaining the approval for survey;

      23) final report on the results of geological survey shall be a document of the synthetic character on all types, scope and results of the geological works performed over the approved survey period;

      24) study on engineering-geological and geotechnical conditions for construction of facilities shall be a document on engineering-geological and geotechnical surveys of a geological environment conducted for the purposes of spatial and urban planning, general designs, conceptual designs, preliminary designs and designs required for obtaining of construction permit for the construction of buildings, mining facilities, infrastructural and traffic facilities and remediation and re-cultivation of terrain, as well as for environmental protection;

      25) report on surveyed petro geothermal resources shall be a document on the conditions for the exploitation of heat from the rock masses in earth's crust with temperatures up to 30°С in order to obtain thermal energy for heating buildings or for other purposes;

      26) report on estimated ground water resources shall be the document on: geological and hydrogeological properties of water sources; quality and quantities of the estimated ground water resources; construction of wells and/or catchment areas; conditions for sanitary protection of water sources and environmental protection * ;

      27) report on mineral resources for the supply of natural construction materials shall be a document that contains the basic information about: geological properties, quality and estimated quantities of the surveyed non-metallic mineral resource with the aim of obtaining the natural construction materials. In cases of exploitation of sand and gravel, the same document shall, in addition to other conditions, mandatorily contain impact assessment of the hydrogeological characteristics of the terrain for determining the zones of sanitary protection of the ground water sources;

      28) study on resources and reserves of mineral raw materials, ground water and geothermal resources shall be a document on the results of geological surveys of a certain deposit of mineral raw materials or ground water and geothermal resources, quantities and quality of the surveyed raw materials or resources, classification, technical potentials and conditions of exploitation thereof, as well as on the expected economic effects;

      29) a survey area shall be a part of geological environment wherein the geological surveys are performed. A survey area shall be specified on a topographic map of an adequate scale by means of coordinates in the national coordination system and its surface area shall be limited by the lines of not more than two closed polygons;

      30) an entity in charge of survey shall be a company, i.e. another legal entity or an entrepreneur to which conducting of an applied geological survey is approved by the competent authority;

      31) an entity in charge of exploitation shall be a company, a branch of a foreign company, i.e. another legal entity or an entrepreneur that is registered in the Republic of Serbia and to which an approval for an exploitation field and/or exploitation of the reserves of mineral raw materials is granted by the competent authority;

      32) exploitation of the reserves of mineral raw materials shall be considered to comprise of the mining works on preparation, opening, development, excavation, transportation, dumping, dewatering, ventilation and preparation of mineral raw materials, as well as other underground and surface mining works. Exploitation of mineral raw materials shall additionally be considered to include the works on exploitation of oil and natural gases and the works on the oil and gas separation, preparation of oil and gas for transportation and storage, separation of natural liquid gases (ethane, propane, butane and natural gasoline) in NGL processing plants and in similar plants in the exploitation field, as well as the transportation of these raw materials by collection oil and gas pipelines in cases of technological connections with the exploitation fields;

      33) the exploitation of ground water shall be considered to include the works on preparation, drilling and exploitation of ground water and hydro geothermal resources;

      34) surface exploitation shall be considered to be the implementation of mining works' methods on preparation, opening, drilling and blasting, excavation, transportation, dumping, drainage, aeration and re-cultivation in surface mines and dumpsites, in compliance with the occupational safety and health measures, fire protection measures and environmental protection measures;

      35) underground exploitation shall be considered to be the implementation of mining works' methods in opening, development, preparation, excavation, drilling and blasting, construction of underground work areas, transportation, lifting, ventilation in underground work areas and in open mine pits and drainage in compliance with occupational safety and health measures and work environment protection measures and environmental protection measures;

      36) underwater exploitation shall be considered to be the implementation of mining works' methods in preparation, opening, excavation, transportation, dumping, drainage and re-cultivation in surface mines under water and in associated dumpsites, in compliance with occupational safety and health measures and work environment protection measures and environmental protection measures;

      37) an exploitation well shall be considered to include the mining facilities wherein mining works are carried out during the exploitation of liquid and gaseous mineral raw materials and geothermal resources of high enthalpy;

      38) preparation of mineral raw materials shall be considered to include all of the following processes: fining of mineral raw materials (crushing, sieving, grinding, sorting), concentration and/or separation of useful minerals from the tailings (manual or automatized selection, gravitation, flotation, magnetic and electrostatic concentration, leaching of mineral raw materials and drills and further preparation of solutions with the purpose of concentration of useful components), drainage of concentration and/or separation products (thickening, filtration and drying). Preparation of mineral raw materials shall additionally include all the processes of hydro-transportation of pulp, ash and/or concentrate, dumping of flotation tailings and aggregation of mineral raw materials and concentrates (pelletizing and briquetting), separation of sand, gravel and stone, as well as the processes of primary preparation of decorative and other stones;

      39) mining works shall be considered to include the following works: on boreholes' drilling for the purpose of exploitation of mineral raw materials * on the construction of horizontal, inclined and vertical work areas; on the reconstruction of mining facilities, plants and equipment; on preparation, opening and exploitation of deposits; on the dumping of mining waste and depositing of useful mineral raw materials; all the works on exploitation field aimed at exploitation, maintenance and preparation of mineral raw materials; as well as works carried out based on mining designs and other designs which are integral parts of the mining projects and mining works performed with the aim of surveying of mineral raw materials (prospecting mines, shafts, development wells). Mining works shall be additionally considered to include the works on water draining and pumping during the exploitation of mineral raw materials, and/or injecting of water during the exploitation of oil and natural gases, the works on oil and gas separation, oil and gas preparation for collecting, transportation and storage, separation of natural liquid gases (ethane, propane, butane and natural gasoline) in NGL processing plants and in similar plants in the exploitation field, as well as the transportation of these raw materials by means of collection oil and gas pipelines in cases of technological connections with the exploitation fields;

      40) mining facilities, plants and equipment shall be considered to include the facilities, plants, machines and equipment used for survey, exploitation, transportation of mineral raw materials *, and specifically: facilities and plants in mines that are directly linked to the technological process of survey, exploitation and preparation of mineral raw materials and dumping of tailings and mineral raw materials at dumpsites for homogenization; machines and equipment intended for all stages of technological processes of underground and surface exploitation of mineral raw materials and preparation of mineral raw materials; machines and equipment intended for all stages of the technological process of excavation of solid mineral raw materials through drill holes; machines and equipment intended for all stages of the technological process of underwater excavation of mineral raw materials; machines and equipment intended for all stages of the technological process of coal gasification directly in the fire shaft; facilities, plants and equipment for the protection of mines from ground and surface water; facilities, plants and equipment on oil and gas fields that are directly linked to the technological process of prospecting, exploitation, separation, preparation and transportation of oil and gas collection; facilities for underground storage of natural gas and crude oil, as well as other substances in the exploitation field; facilities, plants and equipment that are integral parts of the mine electric grid; main and auxiliary warehouses for the storage of explosives and explosive devices in the exploitation field; facilities, plants and equipment for the exploitation of mineral raw materials by means of piping system and drill holes and facilities and plants used for separation of sand, gravel and stone;

      41) exploitation field shall include the area defined by the approval for an exploitation field and/or exploitation, where reserves of mineral raw materials are located, as well as the space intended for dumping of mine tailings and other mining waste, for the construction of facilities for preparation of mineral raw materials, for the construction of maintenance facilities, water intakes and other mining facilities, and which shall be limited by adequate polygon lines on the surface area of the terrain;

      42) protective area surrounding an exploitation field shall be an area wherein exploitation was neither planned, nor performed, but an area that separates the exploitation fields and enables the entity holding the approval for exploitation in a protective area to survey at a certain point in time, in case of indications of additional resources of mineral raw materials that are located outside the existing borders of the exploitation field and then expand the exploitation field;

      43) ore-bearing land shall be the area defined in the approval for ore exploitation or exploitation field. Exploitation of mineral raw materials shall be carried out and accompanying infrastructure shall be constructed on the ore-bearing land with the aim of organizing the exploitation of the reserves of mineral raw materials;

      44) mining waste shall be the waste generated by the extractive industry, i.e. the waste generated during geological survey, exploitation, preparation and storage of mineral raw materials, as well as the waste generated during the process of ore preparation that includes a mechanical, physical, biological, thermal or chemical procedure, (modification of dimensions, separation and leaching, treatment of previously disposed waste), exclusive of melting, thermal production processes (except limestone calcination) and metallurgical processes, as well as the oil mud;

      45) measurement book shall be the traditional name for the documentation archived according to the subject matters thereof, the content of which shall pertain to the tasks performed in the field of mining surveying, surveying data, processing of survey results and graphics in both analogue and digital forms;

      46) a competent person of a geological profession shall be a professional natural person of the geological profession holding the adequate license, who prepares evaluates studies on resources and reserves of mineral raw materials and participates in compiling of exploitation feasibility study and compiles the public report on a synthetic presentation of the results of geological surveys, mineral resources and reserves of mineral raw materials for various purposes (shareholders, brokers and investment analysts, web sites, information for media) and/or for other purposes;

      47) principal design engineer in the field of geology shall be an expert of the geological profession holding the authorization and a relevant license, designated by means of a decision of a responsible person of the design engineering organization to manage the development of designs for geological surveys;

      48) responsible design engineer in the field of geology shall be an expert of the geological profession holding the authorization and a relevant license, designated by means of a decision of a responsible person of the design engineering organization to produce a part of the design or a design for specific specialist geological survey;

      49) responsible manager of geological surveys shall be an expert of the geological profession holding an authorization and a license, designated by means of a decision of a responsible person of the entity carrying out the surveys to manage the designed geological survey;

      50) a competent person of the mining profession shall be an expert natural person of the mining profession holding an adequate license, who performs the evaluations of the studies on resources and reserves of mineral raw materials and compiles the exploitation feasibility study and compiles a public report on a synthetic presentation of the results of geological surveys, mineral resources and reserves of mineral raw materials for various purposes (shareholders, brokers and investment analysts, web sites, information for media) and/or for other purposes;

      51) principal design engineer in the field of mining shall be an expert person of the mining profession holding an authorization and a relevant license, who is responsible for technical solutions presented in the main concept and for the alignment of separate parts of a design, and who is designated by means of a decision of the responsible person of the design engineering organization to manage the engineering design development;

      52) responsible design engineer in the field of mining shall be an expert of an adequate profession holding an authorization and an adequate license, who is responsible for the development of a separate part of a mining design for which such person is an expert, and who is designated by means of a decision of the responsible person of the design engineering organization to produce an individual part of the mining design;

      53) a collateral instrument shall be:

      (1) a promissory note that is a blank single-name paper signed and stamped by the company that submits it in the appropriate procedure, inclusive of a "no protest" clause, duly registered with the National Bank of Serbia with unconditional and irrevocable authorization for the competent authority to fill it out in compliance with the applicable regulations in the field of payment operations and conditions stipulated by this Law;

      (2) an unconditional, irrevocable and at the first-call payable bank guarantee for good performance of work, issued by a commercial bank in the Republic of Serbia in the amount determined by this Law;

      (3) a corporate guarantee;

      54) "An investment agreement" shall be an agreement concluded by and between the Republic of Serbia, represented by its Government, and an investor who has acquired the right to exploit mineral raw materials in terms of this Law, which regulates in more detail the issues of interest to each of the contracting parties and which may contain deferral and termination terms and conditions;

      55) preparatory works shall be the works that can be performed on the exploitation field and that precede the works on the mine's opening, and refer to the clearing of the terrain and removal of facilities in order to provide space for the construction of future mining facilities and performance of mining works, for the setting up of facilities, installations and temporary equipment. These works shall not include the works on the construction of facilities.