LAWON MINING AND GEOLOGICAL EXPLORATIONS ("Off. Herald of RS", Nos. 101/2015, 95/2018 - other law and 40/2021) |
Article 1
This Law shall regulate mineral policy measures and activities and mineral policy implementation method, development policies for geological exploration and mining, conditions and method of geological exploration of mineral and other geological resources, exploration of geological environment, as well as geological exploration for the purpose of spatial and urban planning, designing, 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 recultivation 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 exploration and mining in a balanced manner, which ensures the economic, social and environmental sustainability of these activities and projects, in conditions of market economy;
3) The holders of rights obtained on the basis of this Law shall 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 exploration and exploitation of mineral raw materials, in order to improve project sustainability and safety of 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 exploration and mining rights shall be guaranteed in accordance with this Law.
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, ambient 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 exploration 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 exploring, 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 thermo-mineral) 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: 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 made of the sum of internal energy and 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 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 salt waters, 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 represent 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 their geological exploration and research conducted, estimate of the potential and viability of exploitation and the level of its cost-effectiveness. The reserves of solid mineral raw materials, according to exponential levels of geological research, reliability and examination of modifying factors (factors and indicators of the technical and economic assessment), shall be divided in the following classes: probable reserves and proven reserves, and the reserves of oil, condensates and natural gases into hypothetical, probable, and definite;
11) Ground water reserves shall represent those 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 exploration 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 exploration, particularly from the aspect of spatial and urban planning, designing and construction of facilities, as well as with the aim of determining and eliminating harmful effects of geological and technogenic processes on geological and life environment and cultural heritage and property under prior protection;
13) Non-metallic mineral raw materials for the supply of construction materials shall encompass the mineral resources that are used as: technical and construction stone (TCS); architectural and construction (decorative) stone (ACS); brick, ceramic and incombustible clay, 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 a rock material obtained through 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 exploration works shall be 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 exploration shall be a set of processes and activities conducted for the purpose of detecting and obtaining relevant data about: geological structure, genesis, qualitative and quantitative properties of mineral and other geological resources; hydrogeological and geothermal, engineering-geological and geotechnical characteristics and geodynamic properties of geological environment, as a part of the terrain of special interest for the needs of spatial and urban planning, designing and construction of buildings, mining and other facilities;
17) Geological hazard shall be the probability of activation of a potentially dangerous geological process (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, subsidence, volume of masses in movement, character of pollution of geological environment, magnitude of the earthquake, etc.);
18) Geological risk shall be the expected level of 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 exploration shall be the document on: geological and hydrogeological properties of the water source; 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 material, and flotation tailings shall be the mining waste gained in the flotation process of the mineral raw material;
21) Dumpsite shall be the area designated for stockpiling or disposal of mining waste in solid or liquid state or in the form of solutions and suspensions;
22) Annual report on the results of geological exploration shall be a document on the types, scope and results of performed geological exploration works. It shall pertain to a continuous 12 months’ period of geological exploration works which commences on the date of obtaining the approval for exploration;
23) Final report on the results of geological exploration shall be a document of a synthetic character on all types, scope and results of the geological works performed over the approved exploration period;
24) Study on engineering-geological and geotechnical conditions for construction of facilities shall be a document on engineering-geological and geotechnical exploration 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 explored 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 a 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 explored non-metallic mineral resource with the aim of obtaining 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 on 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 exploration of a certain deposit of mineral raw materials or ground water and geothermal resources, quantities and quality of the explored raw materials or resources, their classification, technical potentials and conditions of exploitation, as well as on the expected economic effects;
29) An exploration area shall be a part of geological environment wherein the geological explorations are performed. An exploration area shall be specified on a topographic map of an adequate scale by means of coordinates in the national coordinate system and its surface area shall be limited by the lines of not more than two closed polygons;
30) An entity in charge of exploration shall be a company, i.e. another legal person or sole trader who has been approved by the competent authority to conduct applied geological exploration;
31) An entity in charge of exploitation shall be a company, a branch of a foreign company, i.e. another legal person or sole trader that is registered in the Republic of Serbia and to who 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 when they are in technological connection with the exploitation fields;
33) The using of ground water shall be considered to include the works on preparation, drilling and using of ground water and hydro geothermal resources;
34) The surface exploitation shall be considered to be the methods of implementation of mining works 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 drilling site 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 automatic selection, gravitation, flotation, magnetic and electrostatic concentration, leaching of mineral raw materials and excavated materials and further preparation of solutions with the purpose of concentration of useful components), drainage of products of concentration i.e. separation (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 mining projects and mining works performed with the aim of exploration of mineral raw materials (exploratory mines, shafts, exploratory wells). Mining works shall be additionally considered to include the works on water draining and pumping during the exploitation of mineral raw materials, i.e. injecting of water during the exploitation of oil and natural gases, the works on oil and gas separation, oil and gas preparation for gathering, 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 gathering oil and gas pipelines when they are in technological connection with the exploitation fields;
40) Mining facilities, plants and equipment shall be considered to include the facilities, plants, machines and devices used for exploration, exploitation, transportation of mineral raw materials, and specifically: facilities and plants in mines that are directly linked to the technological process of exploration, exploitation and preparation of mineral raw materials and dumping of tailings and mineral raw materials at dumpsites for homogenization; machines and devices 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 devices 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 exploration, exploitation, separation, preparation and transportation of oil and gathering of gas; facilities for underground storage of natural gas and crude oil, as well as other substances in the exploitation field; facilities, plants and devices that form a whole with the mine electric grid; main and auxiliary warehouses for the storage of explosives and explosive devices in the exploitation field; facilities, plants and devices for the exploitation of mineral raw materials in pipe 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 the exploitation field or exploitation, wherein reserves of mineral raw materials are located, as well as the space intended for dumping of 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, but which is limited by adequate polygon lines on the surface of the terrain;
42) Protective area surrounding an exploitation field shall be an area wherein exploitation was neither planned, nor performed, but represents an area that separates the exploitation fields and enables that, at a certain point in time, the entity holding the approval for exploitation in a protected area may explore it in case there are 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 exploitation or exploitation field. Exploitation of mineral raw materials is carried out on the ore-bearing land and accompanying infrastructure is constructed with the aim of organizing the exploitation of the reserves of mineral raw materials;
44) Mining waste shall be the waste generated by the extraction industry, i.e. the waste generated during geological exploration, exploitation, preparation and storage of mineral raw materials, as well as 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 a 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 measurements, measurement data, processing of measurement 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 a public report on a synthetic presentation of the results of geological explorations, 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 officer of a design engineering organization to manage the development of the geological exploration design;
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 officer of a design engineering organization to produce a part of the design or a design of specific specialist geological explorations;
49) Responsible manager of geological explorations shall be an expert of the geological profession holding an authorization and a license, designated by means of a decision of a responsible officer of an entity carrying out the explorations to manage the implementation of designed geological explorations;
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 explorations, 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 basic concept and for the alignment of separate parts of the design, and who is designated by means of a decision of the responsible person of the design engineering organization to manage the 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 officer of the design engineering organization to produce a separate 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.
3. Conditions and Public Interest
Article 4
Mineral resources, ground water resources, geothermal resources, as well as other geological resources shall be the state-owned natural resources of the Republic of Serbia and may be used under conditions and in the manner laid down by this Law.
Mineral resources, i.e., mineral raw materials of strategic importance for the Republic of Serbia shall be the following:
1) Oil and natural gas;
2) Coal;
3) Copper and gold ores;
4) Lead and zinc ores;
5) Boron and lithium ores;
6) Oil shale (oil slates i.e. shale);
7) Other mineral raw materials, as specified by a special act of the Government upon proposal by the Ministry in charge of geological explorations and/or mining (hereinafter: the Ministry).
Geological explorations and exploitation of mineral raw materials shall be in the public interest.
Notwithstanding paragraph 3 of this Article, in the event that the exploitation is carried out in a protected area or an ecological network area, the public interest and significance shall be determined in accordance with the law regulating nature protection.
For the needs of a business entity, either privately or publicly owned, which is the entity in charge of the exploration and/or in charge of exploitation of the mineral raw materials which are designated as the raw materials of significance within the meaning of paragraph 2 of this Article, immovable property may be expropriated.
The business entity referred to in paragraph 5 of this Article shall have the rights and obligations of an expropriation beneficiary.
In order to protect the strategic interests of the Republic of Serbia, a representative of the Ministry shall be designated by a special act of the Government as the advocate of state-level interests in companies with state-owned capital that conduct applied geological explorations and exploitation of mineral resources referred to in paragraph 2 of this Article.
Expropriation of immovable property referred to in paragraph 5 of this Article shall be conducted in compliance with the regulations governing expropriation.
The applied geological explorations and exploitation of uranium, nickel and cobalt may be conducted only upon obtaining prior approval from the Government upon proposal by the Ministry and in accordance with the law regulating nature protection.
Article 5
Geological explorations, exploitation of the reserves of mineral raw materials and resources, usage and maintenance of mining facilities shall be conducted in such a manner as to provide for optimum geological, technically viable and economically cost-effective exploitation of the deposits of mineral raw materials and other geological resources, safety of people, facilities and property, all in compliance with the modern scientific achievements and technologies, regulations pertaining to that type of facilities and works and in compliance with regulations laying down the conditions pertaining to occupational safety and health, fire protection and protection from explosion and environmental protection and protection of cultural property and resources under primary protection.
Article 6
Geological explorations and exploitation of reserves of mineral raw materials and geothermal resources in an area which is a protected natural area, an area of cultural, historical and architectural significance, tourist and recreational area, water source of particular importance for regional water supply and other protected areas may be approved only in compliance with the conditions issued under a special law by the authorities and organizations competent for issuing conditions related to spatial design, natural conservation and environmental protection, cultural heritage protection and of other authorities and organizations in charge of the relevant field pertaining to a protected area.
Geological exploration works shall not be conducted without the owner’s and/or user’s consent at a distance of less than one hundred meters from residential buildings, except for engineering-geological, geotechnical and hydrogeological explorations.
Geological exploration works without the owner’s and/or user’s consent shall not be conducted at a distance of less than one hundred meters from the buildings in public use, such as hospitals, protection institutions (homes for the elderly, for people with special needs, etc.), religious buildings, cemeteries, cultural institutions, schools, universities, student dormitories, and the like, except for engineering-geological, geotechnical and hydrogeological explorations.
Article 7
A company, i.e. another legal person or a sole trader that owes due and unpaid obligations based on: public revenues, public fees related to previously conducted explorations or exploitation; illegal exploration i.e. illegal exploitation, as well as in the event that it has outstanding liabilities pertaining to remediation and environmental protection and protection of cultural property and resources under preliminary protection cannot be the entity in charge of exploration or the entity in charge of exploitation.
Article 8
A company, i.e. another legal person or a sole trader performing geological explorations and/or exploitation of mineral raw materials or other geological resources without necessary approvals, shall compensate the damage incurred to the owner for the occupied land, and to the Republic of Serbia, i.e. to the budget of the autonomous province when such unauthorized geological exploration and/or exploitation is performed in their territory, the triple value of excavated mineral raw material or other geological resource and to conduct remediation and re-cultivation of soil on which the exploration and/or exploitation of the mineral raw material or other geological resource was performed.
The value of excavated mineral raw material or other geological resource referred to in paragraph 1 of this Article shall be determined by the Government’s act biannually on the basis of the market value of excavated mineral raw material or other geological resource.
Article 8a
During the implementation of the procedures related to the administrative proceedings conducted within the Ministry of Mining and Energy, i.e. the competent provincial authority, submissions and other documents shall be submitted electronically, in accordance with the law regulating the electronic document.
Notwithstanding paragraph 1 of this Article, a party to the proceedings shall submit the appeal and other legal remedies, the evidence attached to them, as well as the documents and submissions which contain classified information and which are marked with the degree of secrecy according to the regulations governing data confidentiality, in the form of a paper document.
When submissions and documents are submitted electronically, proper delivery shall be proven by an electronic confirmation of receipt of the document (delivery note).
The Ministry, i.e. the competent provincial authority shall deliver the decision and other documents to the applicant in the form of an electronic document, via a single electronic mailbox, in accordance with the law regulating electronic government, provided the delivery is conducted via the e-Government Portal.
Notwithstanding paragraph 4 of this Article, a person who does not have a single electronic mailbox shall be served with the decision and other documents in the form of a printed copy of the electronic document, certified in accordance with the law regulating electronic business, by registered mail through the postal operator.
In addition, the competent authority shall publish the decision on its website on the date the decision is dispatched in accordance with paras. 4 and 5 of this Article.
Should the delivery by registered mail referred to in paragraph 5 of this Article could not be made because the party was unavailable at the specified address at the time of delivery, the deliverer shall make a note thereof and leave a notice to the party at the place where the document should have been served, in which he/she specifies the personal name of the recipient, the data by which the document is to be identified, as well as the date when the notice was left, along with an invitation to the party to pick up the mail at the specified address of the deliverer, i.e. postal operator, within 15 days from the date of the attempted delivery.
The notice to the party referred to in paragraph 5 of this Article shall also contain information on the date the decision was published on the competent authority’s website, legal instruction to the party that, in case the mail is not picked up within the specified time limit, the decision shall be considered served upon expiry of 30 days from the date the decision was published on the competent authority’s website.
In the case referred to in paragraph 5 of this Article, if the party does not pick up the mail within the specified time limit, the deliverer shall return it together with a note on the reasons for non-delivery.
Delivery to the party shall be considered completed:
1) On the date of receipt of the decision in the manner prescribed by paragraph 4, i.e. paragraph 5 of this Article;
2) Upon expiry of a 30-day period from the date the decision was published on the competent authority’s website provided the delivery was not made in accordance with the provisions of paras. 4, 5, and 7 of this Article.
If the address of domicile, i.e. residence, i.e. seat of the party is unknown, delivery to that party shall be considered made on the expiry date of a 30-day period from the date the decision was published on the competent authority’s website.
Upon request by the party, the competent authority shall, at its premises, issue a copy of the decision to that party without delay, but such delivery shall have no effect on the calculation of the time limits related to delivery.
The Minister in charge of mining and geology shall prescribe in more detail the content of the documents and submissions referred to in paragraph 1 of this Article and the manner in which they are exchanged.
The provisions of this Article relating to the electronic procedure shall apply from the date of production of the software solution supporting such a system.
Article 9
An approval for applied geological explorations of mineral and other geological resources, an approval to retain the right on a exploration area, an approval for an exploitation field, an approval for exploitation, an approval for construction of mining facilities and/or approval for conducting of mining works, an approval for use of mining facilities and an approval for mining waste management, a certificate on reserves of mineral raw materials and resources and/or other geological resources shall, upon request by the entity holding the approval, be transferred to another company, i.e. to another legal person or to a sole trader, in compliance with the criteria prescribed by this Law.
By means of a transfer of an approval referred to in paragraph 1 of this Article, all the rights and obligations and other approvals issued in connection with the transferred approval shall be transferred as well.
The application for the transfer of an approval shall be submitted to the Ministry, i.e. to the competent authority of the autonomous province in cases where the exploration, i.e. the exploitation is carried out in the territory of the autonomous province (hereinafter: the competent authority), which shall pass a decision on the transfer of approval when the criteria referred to in paras. 4 and 5 of this Article are met.
The following shall be submitted in addition to the application for the transfer of approval:
1) A photocopy of the approval which is subject to such transfer or data on the issued approval for all the documents referred to in paragraph 1 of this Article;
2) Proof of the right of ownership or usage, lease and/or consent i.e. easement of the new holder of the approval for the surface area on which the construction of mining facilities and performance of mining works are planned for a minimum of five years in accordance with the approved technical documentation with a list of cadastral parcels and with a written statement of holder of the approval that the mentioned parcels are included in mining works for a minimum of the following five years in accordance with the approved technical documentation, for the transfer of the approval for exploitation, an approval for construction of mining facilities and/or approval for conducting of mining works, and an approval for mining waste management;
3) A planimetric map of the scale of 1:2,500 or an adequate scale, not older than six months, with chartered border lines of the exploitation field, the condition of mining works, the designed mining works for a minimum of the following five years in accordance with the approved technical documentation, with clearly chartered border lines and designations of cadastral parcels in written and digital format, certified by an expert holding a license, for the transfer of an approval for an exploitation field and/or an approval for exploitation, an approval for construction of mining facilities and/or approval for conducting of mining works and an approval for mining waste management;
4) A report by the entity holding the approval for exploration and/or exploitation on settlement of obligations pertaining to: the area remediation and re-cultivation; mining waste management; timely reporting to the competent authority and inspection services on the performance of works on geological exploration and/or exploitation, for the transfer of approval for applied geological explorations of mineral and other geological resources, approval to retain the right to exploration area, approval for exploitation field, approval for exploitation;
5) A written statement of the new holder of approval on the acceptance of the approval transfer inclusive of all the rights and obligations arising from it, for all the documents referred to in paragraph 1 of this Article;
6) A bank guarantee or promissory note or a corporate guarantee for performance of remediation and re-cultivation of land degraded due to the exploitation for a minimum of three years from the date of submission of the application for the transfer of the approval, where the new holder of the approval performs the transfer of the approval for construction of mining facilities and/or execution of mining works or the approval for exploitation in accordance with Article 77 of this Law;
7) Proof of payment of the prescribed republic administrative fee, for all the documents referred to in paragraph 1 of this Article.
The following shall be submitted in addition to the application for the transfer of a certificate on reserves of mineral raw materials and resources and/or other geological resources, which is to be submitted by the holder of the certificate:
1) A photocopy of the certificate which is subject to such transfer or data on the issued certificate;
2) A written statement of the new holder of the certificate on the acceptance of the certificate transfer inclusive of all the rights and obligations arising from it;
3) For a legal person to which the certificate is transferred, proof of payment of the fee for applied geological explorations of mineral and other geological resources, i.e. the fee for the use of mineral raw materials, in accordance with the balance as of the application submission date.
As of the application submission date all claims must be settled on the basis of the fee for applied geological explorations of mineral and other geological resources, i.e. the fee for the use of mineral raw materials, for the legal person to which the approval is transferred as well as the applicant.
The decision referred to in paragraph 3 of this Article that is to be issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal against the decision referred to in paragraph 3 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the minister in charge of geological explorations and/or mining works (hereinafter: the Minister).
Article 10
The approval for exploitation of reserves of mineral raw materials and geothermal resources, issued to a legal person whose property used for exploitation is being sold in a privatization procedure, may be transferred to the buyer of such property by means of an agreement that is to be concluded by the party selling the property, the party purchasing the property, the Ministry and the Privatization Agency.
Prior approval for the agreement referred to in paragraph 1 of this Article shall be granted by the Government, upon proposal by the Ministry.
The agreement referred to in paragraph 1 of this Article concluded without Government approval shall be null and void.
Mandatory elements of the agreement referred to in paragraph 1 of this Article shall be the provisions on investments to be made by the property buyer and its obligations based on the social program.
II MINERAL POLICY AND DEVELOPMENT PLAN FOR GEOLOGICAL EXPLORATIONS AND MINING INDUSTRY OF THE REPUBLIC OF SERBIA
1. Mineral Policy and Development Plan
Article 11
Mineral policy and development plan for geological explorations shall include the measures and activities undertaken in order to achieve the strategic long-term objectives in the field of geological explorations of all kinds of mineral resources and reserves of mineral raw materials and other geological resources, determining the hydrogeological and engineering-geological or geotechnical conditions for the use of geological environment in the procedure of planning, designing and construction of all types of facilities, protection of the subject of geo-diversity of special importance, as well as protection from the geological hazard and risk from the aspect of activating of dangerous geological processes as natural disasters and potential negative processes for the nature and people.
In the field of mining, the mineral policy and development plan shall include: application of contemporary technologies in construction of mining infrastructure and mining facilities with the aim of achieving safety of facilities and occupational safety and health; ensuring secure supply of mineral raw materials and other geological resources for the economy and market of the Republic of Serbia, promotion of mining with the aim of creating auspicious conditions for investments in the field of sustainable development of the mining industry and harmonization with the European Union regulations in the field of mining that deal with environmental protection; the environmental, health and safety guidelines of the International Finance Corporation (IFC).
Mineral policy and development plan for geological explorations and mining shall be implemented through the realization of strategy which deals with management of mineral and other geological resources of the Republic of Serbia.
2. Management Strategy for Mineral and Other Geological Resources of the Republic of Serbia
Article 12
Management Strategy for Mineral and Other Geological Resources of the Republic of Serbia (hereinafter: the Strategy), shall lay down the general developmental goal for mining and geological explorations of the energy, metallic, non-metallic and technogenic mineral raw materials, ground water and geothermal resources.
The Strategy shall contain the elements prescribed by the law regulating the planning system of the Republic of Serbia.
The Strategy shall determine the projection of demand for all types of mineral raw materials, development of the mining and geological exploration sector, as well as the import and export projections for all types of mineral raw materials in the Republic of Serbia, while taking into account the economic, regional, ecological and social aspects.
The Strategy shall be adopted by the National Assembly, upon proposal by the Government for a period of minimum ten years.
The Government shall monitor the realization of the Strategy and, where necessary, initiate the harmonization thereof with the actual demand for mineral raw materials.
Article 13
The Government shall adopt an action plan and, where necessary, programs for Strategy realization, upon proposal by the Ministry.
Certain specific objectives stipulated by the Strategy can be elaborated through programs.
The action plan for the Strategy realization shall determine the dynamics of the implementation of the measures for the Strategy realization, in accordance with the law regulating the planning system.
III GEOLOGICAL SURVEY OF SERBIA
Article 14
The Geological Survey of Serbia (hereinafter: the GSS), as a special organization with the status of a legal person, in accordance with this Law shall perform the basic geological explorations, within the meaning of the Articles 17 and 18 of this Law and other geological explorations covered by the annual program referred to in Article 20 of this Law, as well as the tasks of applied geological explorations of significance for the Republic of Serbia, based on a special decision adopted by the Government upon proposal by the Ministry.
GSS shall additionally perform other tasks of interest for the Republic of Serbia, such as: production and printing of geological maps of the scale of 1:25,000 and of smaller scales; production of specialist and thematic geological maps (metallogenic and/or mineralogical, geomagnetic, gravimetric, radiometric, geo-chemical, hydro-geological, engineering-geological, structural-tectonic, seismic, geo-ecological and other), including production of geological bases for the spatial planning purposes; research and monitoring of landslides and development of the geological map of hazards and risks of the scale level of 1:25,000 and of smaller scales, regional geophysical explorations tasks; laboratory research work in the field of mineralogy, petrography and sedimentology, as well as the paleontological, chemical, geo-mechanical and other research work.
GSS shall additionally perform the tasks on realization of development, scientific and research and international projects in the field of geology, organization of observatory network for monitoring of ground water regimes according to some specific programs; collecting, updating and keeping of data and professional documentation of significance for the geological information system of the Republic of Serbia; prepare project tasks for local self-government units for engineering-geological and geotechnical explorations and remediation of landslides, as well as other tasks in compliance with law.
GSS may additionally perform the tasks of geological exploration abroad, based on a specific decision adopted by the Government upon proposal by the Ministry.
Funding for GSS operation shall be provided by the budget of the Republic of Serbia and from other sources in compliance with law.
The Ministry shall supervise the operations of GSS and performance of geological explorations referred to in paragraphs 1 and 2 of this Article, as well as conduct the expert control of the performed works.
Article 15
GSS shall submit a Report on Realization of Geological Projects to the Ministry, i.e. to the competent authority of the autonomous province for the explorations performed in the territory of the autonomous province, according to the annual program for the previous year, by the end of January of the following year at the latest.
1. Types of Geological Explorations
Article 16
Geological explorations, within the meaning of this Law, shall be basic and applied.
Basic and applied geological explorations shall be performed according to the design for geological explorations, in compliance with the modern scientific achievements and technologies, regulations applicable to that type of exploration, as well as regulations laying down requirements in respect of occupational safety and health, fire and explosion protection and environmental protection and protection of cultural property and resources that are under preliminary protection.
2. Basic Geological Explorations
Article 17
The basic geological explorations, within the meaning of this Law, shall be considered to include the geological explorations performed with the aim of: studying the development, composition and structure of the earth’s crust; discovering mineral resources, ground water resources and geothermal resources and performing the initial studies thereof; assessing the total potential of geological environment as a space used for the purposes of spatial and urban planning and determining the suitability for construction of buildings; ascertaining and eliminating the harmful effects of natural and technogenic processes on the geological and living environment.
The basic geological explorations shall be the tasks of public interest and these shall be financed from the budget of the Republic of Serbia.
The autonomous province shall finance the basic geological explorations in the territory of the autonomous province.
The task referred to in paragraph 3 of this Article shall be performed by the autonomous province as a delegated task.
Article 18
The basic geological explorations shall include production of: basic, general and specialist geological maps of the scale of 1:25,000 and of the smaller scale (and exceptionally for the special purpose areas the maps of the scale of 1:10,000 as well); prognostic studies of geological environments on the presence of mineral and other geological resources; with accompanying legends; geological studies for the analyses of the potential of geological environments in respect of the presence of mineral and other geological resources, hydrodynamic and other characteristics of a geological environment for the use and protection of ground water and geothermal resources, suitability of geological environment for planning purposes, as well as the studies for the purposes of environmental protection; preservation of geo-diversity and protection of geo-heritage facilities, etc.
The basic geological explorations shall be performed for the purposes of spatial planning and evaluation of the total geological potential of a certain area, purpose and suitability of a geological environment as a space for construction of buildings.
Production of geological maps referred to in paragraph 1 of this Article, preparation for printing, receipt of original authors’ geological maps and legends shall be performed with expert assistance of the working groups established by the Minister.
The act on establishing of working groups referred to in paragraph 3 of this Article shall lay down the tasks, obligations and remuneration for the work performed by the working groups’ members.
The Minister shall regulate the expert and technical basis for the production of geological maps referred to in paragraph 1 of this Article in greater detail.
Article 19
GSS shall conduct the basic geological explorations in compliance with the long-term developmental program for the basic geological explorations (hereinafter: the Long-Term Program) and in compliance with the annual program of basic geological explorations (hereinafter: the Annual Program).
The Long-Term Program shall include the strategic priorities and long-term objectives of the basic geological explorations aimed at general economic and social development, and in compliance with the spatial plan of the Republic of Serbia, Strategy of Sustainable Development and the Strategy.
The competent authority of the autonomous province shall propose a part of the Long-Term Program in its territory, in compliance with the regional spatial plan of the autonomous province, plans and programs of sustainable use of natural resources and property, as well as in compliance with the Strategy.
The Long-Term Program shall be passed by the Government upon proposal by the Ministry, for a period of ten years.
Article 20
The Annual Program shall include the objectives, type and scope of geological exploration works, conditions and dynamics of their performance, as well as the required financial and material and technical means and human resources for the realization thereof.
The Annual Program may additionally include other geological explorations, if such explorations are necessary for risk assessment and removal of consequences of geological hazards (landslides, avalanches, floods, earthquakes, etc.), as well as the applied geological explorations of mineral and other geological resources, as well as other explorations if performance of such explorations is of significance for the Republic of Serbia.
The Ministry shall adopt the Annual Program in compliance with the Long-Term Program by the end of February of the current year.
The competent authority of the autonomous province shall adopt the Annual Program in its territory, in compliance with the Long-Term Program.
The Minister shall lay down the criteria and conditions for the performance of works and suspension of works in the field of basic geological explorations.
The task referred to in paragraph 4 of this Article shall be performed as a delegated task.
3. Applied Geological Explorations
Article 21
The applied geological explorations, within the meaning of this Law, shall include the explorations performed to ascertain mineral resources and reserves and engineering- geological and hydrogeological conditions for the exploitation thereof, hydrogeological explorations for the determination, use and protection of resources and reserves of ground water and geothermal resources, engineering-geological and geotechnical and hydrogeological explorations of the geological environment for the needs of spatial and urban planning, lowering of ground-water levels, design and construction of civil engineering, mining and other facilities, environmental protection and protection of natural resources and geo-heritage facilities, remediation and re-cultivation of terrain, including the underground storages of natural gas and other substances, separation of favorable geological formations and structures, as well as of depleted deposits of mineral raw materials for the storage of natural gas and/or CO2.
The applied engineering-geological and geotechnical explorations shall mandatorily be performed for the purposes of spatial and urban planning, design and construction of civil engineering, mining and other facilities with the aim of defining the engineering-geological and geotechnical conditions for construction and/or remediation, as well as other properties of a geological environment.
The applied geological explorations shall be additionally performed for the needs of hydro- geothermal or petro-geothermal resources usage, i.e. for the usage of internal heat of the earth’s crust.
The Government shall, by means of a regulation, lay down the conditions, criteria, procedure and methods of approvals’ issuing and other special conditions in relation to the geological explorations, which pertain to the separation of favorable geological formations and structures, as well as the depleted deposits of mineral raw materials for the storage of CО2.
The regulations in the field of environmental protection shall apply to the conditions and methods of control and monitoring of the concentration of greenhouse gases in the atmosphere at the level that would prevent dangerous anthropogenic disturbances in the climate system, whereas the regulations in the field of facility construction shall apply to the conditions and methods of construction of CО2 storage facilities.
4. Conditions and Method for Performance of Geological Explorations
Article 22
Performance of geological explorations, development of designs for geological explorations, performance of technical control of the designs of geological explorations, studies on resources and reserves of mineral raw materials, studies on resources and reserves of ground water and geothermal resources, reports on the results of geological explorations, studies on engineering-geological and geotechnical conditions for the construction and remediation of facilities and terrain, reports on mineral resources for the supply of natural construction materials, reports on geothermal resources, as well as the reports (studies) on various specialist explorations, and the expert supervision jobs shall be done by a company, i.e. by another legal person or a sole trader that is registered in the register of business entities or in some other register for the pursuit of such business activity in the Republic of Serbia.
A person who acquired a high education of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. basic university studies in the duration of at least five years, of the relevant educational profile and module in the field of geological engineering within the educational and scientific field of: technical and technology science, holding the authorization and license for such tasks, with a minimum of three years of professional experience in performance of appropriate tasks, may do the tasks of geological explorations and compiling of reports on the results of geological explorations, management and expert supervision of geological explorations, reports on mineral resources for supply of natural construction materials, studies on engineering-geological and geotechnical conditions for the construction of facilities and remediation of terrain, reports on geothermal resources, as well as compiling of the reports (studies) on various specialist explorations.
A person who acquired a high education of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. basic university studies in the duration of at least five years, of the relevant educational profile and module in the field of geological engineering within the educational and scientific field of: technical and technology science, holding the authorization and license for such tasks, with a minimum of five years of professional experience in performance of adequate tasks, and in case of the competent person with a minimum of ten years of professional experience, may perform the jobs of the principal design engineer, responsible design engineer and responsible manager of geological explorations, as well as the jobs on expert supervision and technical control of the designs of geological explorations, compiling or evaluation of studies on resources and reserves of mineral raw materials, studies on resources and reserves of ground water and studies on geothermal resources.
A person holding the secondary school degree in the field of geology, mining or metallurgy, of the adequate educational profile, with a minimum of three years of professional experience in performance of adequate tasks and holding an authorization to perform such jobs, may participate in the performance of the less complex geological exploration works and in compiling of technical documentation for such works.
Geological explorations may additionally be performed by the branches of foreign legal entities under conditions and in the manner prescribed by this Law and the law laying down the rights of the foreign persons in respect of the use of resources of public interest and in compliance with the laws regulating the field of defense and classified information.
Article 23
The authorization to perform the tasks referred to in Article 22, paras. 2-4 of this Law shall be acquired by passing a professional exam.
The professional exam referred to in paragraph 1 of this Article shall be taken before a commission established by the Serbian Chamber of Mining and Geological Engineers.
Serbian Chamber of Mining and Geological Engineers
Article 23a
The Serbian Chamber of Mining and Geological Engineers (hereinafter: the Chamber), shall be a legal person established to improve the conditions for performing professional activities in the field of mining and geology, design, geological explorations, construction of mining facilities and other fields important for mining and geology of the Republic of Serbia, protection of guild and individual interests, improvement of service provision and achievement of all other goals by which the expertise and professionalism of work is improved.
The members of the Chamber shall be engineers of geological, mining, metallurgical, civil engineering, machine and electrical engineering profession, as well as engineers of environmental protection and other technical professions who perform professional tasks for the purpose of geological explorations of mineral raw materials, ground water and geothermal resources, and exploitation of mineral raw materials.
The seat of the Chamber shall be determined by articles of association.
In accordance with this Law and its articles of association, the Chamber shall perform the following tasks:
1) Determining the professional rights and duties, and ethical standards of conduct of members in performing geological and mining activities, designing and execution of works;
2) Determining the fulfillment of criteria and issuing licenses in accordance with the provisions of this Law;
3) Checking the compliance of issued licenses with regulations of other countries;
4) Keeping records of the persons referred to in item 2 of this Article which is available on the Chamber’s electronic portal in accordance with the law regulating personal data protection;
5) Publishing the curricula vitae of the competent persons on its electronic portal in accordance with the law regulating personal data protection;
6) Organizing and conducting professional examination, and issuing the certificates of passed professional exams to the engineers of geology, mining and other professions performing the professional activities in the field of mining and geology;
7) Obtaining the consent of the Minister to the program on the criteria and manner of taking the professional exam;
8) Representing the interests of its members;
9) In accordance with the practices of the most prominent chambers of engineers in the world, adopting a code of professional and ethical standards for the engineers of geology, mining and other engineering professions performing the professional tasks in mining and geology, especially in relation to the competent persons, and consistently applying the code with the aim of building the reputation of the Chamber itself as well as of its members, in accordance with the practices of the most prominent chambers of engineers in the world;
10) Organizing the court of honor to determine violations of professional standards and norms (professional responsibility), as well as to impose measures for those violations;
11) Providing a collective insurance policy for all competent persons, at the appropriate level of an individual insured event;
12) Resolving disputable expert and professional issues;
13) In the case of doubt, checking the status of a foreign engineer competent person;
14) Keeping a public register of competent persons, issued licenses, and passed professional exams;
15) Also performing other tasks in accordance with the law and the articles of association that improve geological explorations and mining in the Republic of Serbia.
The Chamber shall regulate its organization and method of performing professional activities in accordance with this Law.
The Chamber shall submit the draft of articles of association to the Ministry for approval.
Bodies of the Chamber
Article 23b
The bodies of the Chamber shall be the Assembly, the Board of Directors and the Supervisory Board.
The Assembly, the Board of Directors and the Supervisory Board shall elect their presidents.
The Chamber shall organize its work through the work of its master sections. Three types of master sections shall be organized, and these are in particular: the Master Section of Geology, the Master Section of Mining and the Master Section of Other Professions.
The President of the Board of Directors shall be the legal representative of the Chamber.
The Chamber’s Board of Directors shall have six members. Three members shall be the presidents of the executive boards of the master sections, and three shall be the representatives of the Ministry.
The President of the Chamber’s Board of Directors shall be elected from among the members proposed by the Ministry.
In the case of an equal number of votes of the members of the Board of Directors, the decision voted for by the President of the Board of Directors shall be adopted.
The Supervisory Board shall be comprised of three members, and in particular, two members proposed by the Ministry, and one by the Chamber’s Assembly.
The work of the Chamber shall be regulated in more detail by the Articles of Association, in accordance with this Law.
Financing of the Chamber
Article 23c
The Chamber shall finance its activities from membership fees, charges and donations.
The Chamber shall determine the amount of a membership fee and fee for taking professional exams and issuing of the license referred to in paragraph 1 of this Article, with the previously obtained consent of the Minister.
Supervision of the legality of operation of the Chamber shall be conducted by the Ministry.
Qualifications
Article 23d
The competent person for geology shall be an expert holding the following qualifications:
1) Acquired high education of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. basic university studies in the duration of at least five years, of the relevant educational profile and module, in the field of geological engineering;
2) Passed professional exam;
3) Ten years of professional experience;
4) Absence of final conviction for a crime in the field of economy;
5) Acting ethically in professional life;
6) Being a member of the Serbian Chamber of Mining and Geological Engineers.
The competent person for mining shall be an expert holding the following qualifications:
1) Acquired high education of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. basic university studies in the duration of at least five years, of the relevant educational profile and module, in the field of mining engineering;
2) Passed professional exam;
3) Ten years of professional experience;
4) Absence of final conviction for a crime in the field of economy;
5) Acting ethically in professional life;
6) Being a member of the Serbian Chamber of Mining and Geological Engineers.
Where necessary for works in geology and mining, the experts of other professions (engineers holding Bachelor’s degree, engineers holding Master’s degree), can be hired as competent persons in case they hold the following qualifications:
1) Acquired high education of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. basic university studies in the duration of at least five years, of the relevant educational profile and module;
2) Passed professional exam;
3) Ten years of professional experience;
4) Two years of experience relevant to the license of a competent person;
5) Absence of final conviction for a crime in the field of economy;
6) Acting ethically in professional life;
7) Being a member of the Serbian Chamber of Mining and Geological Engineers.
In case there is no competent person in the Republic of Serbia with relevant experience for a specific license, a foreign competent person with corresponding qualifications and relevant experience in relation to the specific license shall sign reports, studies and designs together with the Serbian competent person with the closest relevant experience.
The competent person may conclude a contract on professional liability insurance for a higher amount of the insured event than the collective insurance provided through the Chamber.
5. Performance of Geological Explorations
Article 24
Geological explorations shall be performed in compliance with the design for geological explorations that shall specifically include:
1) Documents on compliance with the conditions referred to in Article 22 of this Law;
2) Textual part;
3) Graphic attachments.
The Minister shall regulate in greater detail the conditions, criteria and content of the designs for all types of geological explorations, as well as of the designs and reports pertaining to the exploration of mineral resources for the supply of natural construction materials and for exploration of hydro-geothermal and petro-geothermal resources.
Personal data in the designs and reports referred to in paragraph 2 of this Article shall include the person’s first name and surname.
Article 25
The design for geological explorations, as well as any amendments and additions to such design, as well as annual and final reports on the results of geological explorations shall be subject to technical control.
The technical control referred to in paragraph 1 of this Article shall include the control of application of modern achievements and methods of geological science and technology and compliance of such design with: the law and other regulations in the field of geology and mining, conditions prescribed by the competent institutes for conservation of nature and protection of cultural heritage, harmonization of such design with applicable technical regulations, as well as with relevant measures of occupational safety and health, fire protection measures, safety of people and facilities and environmental protection measures.
The business entity that performed the technical control shall be responsible for the quality of technical control of the design for geological explorations.
The technical control referred to in paragraph 1 of this Article may be performed by a company or a sole trader, i.e. another legal person that complies with the conditions referred to in Article 22 of this Law.
The Minister shall prescribe in greater detail the conditions and method of technical control of the designs for geological explorations.
Article 26
The following cannot perform or participate in the technical control of a design for geological explorations:
1) A company, i.e. another legal person or sole trader that developed such design or that is the entity in charge of geological exploration;
2) A person employed with the company, i.e. with another legal person or sole trader, who developed the design for the geological exploration or who participated in the development of such design;
3) A person employed with the entity in charge of the exploration;
4) A person employed with the Ministry, competent authority of the autonomous province or the local self-government unit.
Article 27
During the geological exploration, the person in charge of the exploration shall provide for the expert supervision of the geological exploration.
The expert supervision referred to in paragraph 1 of this Article shall include: control whether the exploration works are performed according to the design of geological exploration and whether the designed schedule of the exploration is realized; quality check of the exploration works performed and whether the regulations in the field of geological explorations and technical regulations have been applied; control of applied occupational safety and health measures, fire protection measures and environmental protection measures.
The expert supervision of geological explorations cannot be conducted either by a legal person that holds the approval for exploration, that conducts geological explorations, or a person that prepared the reports on geological explorations, except in the case of oil and gas explorations.
The person performing the expert supervision shall keep a diary of expert supervision and to inform the entity in charge of exploration in a timely manner about any omissions and deficiencies determined during the expert supervision.
The Minister shall prescribe in more detail the content and form of the diary of expert supervision referred to in paragraph 3 of this Article.
The entity in charge of exploration shall deliver one copy of the report on expert supervision that shall include information on: the entity conducting the geological exploration, type and scope of the performed exploration works and date of the performance thereof, as well as other pieces of information on observations of expert supervision, attached to the annual report referred to in Article 29, paragraph 1 of this Law and attached to the final report on the results of the geological exploration referred to in Article 28, paragraph 1 of this Law and attached to the study on engineering-geological and geotechnical conditions for construction of facilities.
Article 28
Upon completion of the envisaged geological exploration of mineral raw materials, ground water and geothermal resources according to the design, a final report on the results of the geological exploration (hereinafter: the Final Report) shall be compiled.
Upon completed engineering-geological and geotechnical explorations referred to in Article 30, paragraph 2 of this Law, a study on engineering-geological and geotechnical conditions for construction and/or remediation of facilities and terrain shall be compiled.
The entity in charge of exploration shall deliver one copy of the final report referred to in paragraph 1 and of the study referred to in paragraph 2 of this Article, as well as of the report referred to in Article 31, paragraph 7 of this Law to the authority that issued the approval for exploration in writing and in the electronic PDF format, in the language in official use in the Republic of Serbia, within 30 days from the date of expiry of the approved exploration period at the latest, and in the case of any extension of the exploration period within the meaning of Article 39 of this Law, as well as in the case of retaining the exploration right within the meaning of Article 40 of this Law, 30 days prior to the end of the previously approved exploration period at the latest.
The Minister shall prescribe in greater detail the content of the final report referred to in paragraph 1 of this Article and of the study referred to in paragraph 2 of this Article, as well as of the annual report on the results of geological explorations referred to in Article 29, paragraph 1 of this Law.
Article 28а
The Ministry can make certain geological information from the report on the results of geological explorations and studies available to:
1) GSS, for the purpose of developing geological maps, compiling the balance of mineral resources and improving the comprehensive geological knowledge of the territory of the Republic of Serbia;
2) Republic Geodetic Authority, which enters the data on the existence of the ore body of the mineral raw material at a particular location into a single system of indicators for spatial planning in accordance with the ESPON system.
The competent bodies for spatial and urban planning shall adjust planning and urban documents in such a manner as to enable unhindered exploitation of discovered deposits of mineral raw materials, in accordance with this Law, the law regulating spatial and urban planning and the law regulating nature protection.
In the case referred to in paragraph 2 of this Article, indicators for spatial planning on the deposit of mineral raw materials shall be entered in all spatial and urban plans, for the area covered by the deposit of mineral raw materials.
The Ministry and the GSS have the obligation to treat the reports and studies in accordance with the "business secret" designation, unless otherwise prescribed by this Law.
Article 29
In case of multiannual explorations, the entity in charge of exploration shall, upon expiry of the exploration period of one year, as well as in case of a withdrawal from the exploration, deliver the Annual Report on the results of geological exploration in writing and in electronic PDF format at the latest within 30 days from the expiry of the exploration period of one year, i.e. from the withdrawal from the exploration, to the authority that issued the approval, in the language in the official use in the Republic of Serbia (hereinafter: the Annual Report).
The Final Report and the study referred to in Article 28, paragraphs 1 and 2 of this Law, as well as the Annual Report referred to in paragraph 1 of this Article, shall have the character of archive material and shall be kept permanently, in compliance with law.
6. Approval for Applied Geological Explorations
Article 30
Applied geological explorations of the mineral and other geological resources shall be performed on the entity’s own and/or someone else’s land (in private or public ownership) within the exploration area on the basis of the decision on approval of geological explorations issued by the Ministry, upon request of the company, i.e. of another legal person or a sole trader, except where they are performed in accordance with Article 46 of this Law.
The applied engineering-geological and geotechnical explorations for the purposes of construction of infrastructure facilities (high dams, hydro power plants, thermal power plants, regional roads and railways, oil pipelines, gas pipelines, airports, etc.) of strategic importance for the Republic of Serbia, as well as the engineering-geological and geotechnical explorations for the purposes of construction and remediation of mining infrastructure facilities shall be performed based on the decision on approval of geological explorations issued by the Ministry, upon request of the company, i.e. of another legal person.
In case where the engineering-geological and geotechnical explorations for the purposes of construction and remediation of the mining infrastructure facilities are performed in the territory of the autonomous province, the approval shall be issued by the competent authority of the autonomous province, by means of a decision against which an appeal may be lodged with the Minister.
In areas located near the facilities of special importance for the defense, land survey and explorations (geodetic, geophysical, geological, hydrological, etc.) may be performed by legal persons that have obtained the relevant approvals from the competent authority, with the previously acquired opinion of the Ministry of Defense in respect of the measures for the protection of classified information.
The Ministry decision referred to in paragraphs 1 and 2 of this Article shall be final and an administrative dispute may be initiated against it.
Approval for the applied geological explorations of mineral and other geological resources referred to in paragraph 1 of this Article performed in the territory of the autonomous province shall be issued by the competent authority of the autonomous province, by means of a decision against which an appeal may be lodged with the Minister.
The competent authority of the autonomous province shall deliver one copy of the decision issued and the report on the approved explorations to the Ministry, for the previous year, by 31 January of the following year at the latest.
The tasks referred to in paragraphs 3 and 6 of this Article shall be performed as the delegated tasks.
Article 31
Geological explorations of mineral resources for the supply of natural construction materials shall be performed based on the decision on approval of exploration that is to be issued by the Ministry, i.e. by the competent authority of the autonomous province if the exploration is performed in the territory of the autonomous province, issued upon request of the sole trader.
The application for approval issuing referred to in paragraph 1 of this Article shall include information on: the sole trader that submitted the application, exploration type and objective, the site of the exploration, i.e. on coordinates and cadastral number of the parcel on which the exploration is planned.
Attached to the application referred to in paragraph 2 of this Article, proof of payment of the republic, i.e. provincial administrative fee, in cases where the exploration is to be conducted in the territory of the autonomous province, shall be submitted, as well as the following:
1) Geodetic plan of the scale of 1:1,000 or a general topographic map of the adequate scale with the chartered border line and coordinates of the exploration area, as well as the number of cadastral parcel in which the exploration is being planned;
2) Design of geological explorations;
3) Report and the certificate of completed technical control of the design;
4) Proof of payment of the republic, i.e. provincial administrative fee in cases where the exploration is to be performed in the territory of the province.
The competent authority shall reject the application for exploration referred to in paragraph 1 of this Article if the exploration area is not free, if all the required documents referred to in paragraph 4 of this Article were not submitted attached to the application or if based on the access to data in the official records of protected natural resources they should establish that there are some restrictions imposed for the exploration in relation to the protection: of a landscape with exceptional natural characteristics, ground water sources for public water supply, endemic plant and animal species, cultural heritage or geo-heritage facilities, religious facilities, and similar.
The duration of exploration period determined in the decision referred to in paragraph 1 of this Article shall be one year and it cannot be extended.
Upon completion of geological exploration referred to in paragraph 1 of this Article that was envisaged in the design, the report on mineral resources for the supply of natural construction materials shall be compiled.
The decision referred to paragraphs 1 and 5 of this Article that is to be issued by the Ministry shall be final and an administrative dispute may be initiated against it, and an appeal may be lodged with the Minister against the decision issued by the competent authority of the autonomous province.
The competent authority of the autonomous province shall deliver to the Ministry one copy of the issued decision and the report on approved explorations for the past calendar year by 31 January of the following year at the latest.
The tasks referred to in paragraph 1 of this Article that pertain to the autonomous province shall be performed as delegated tasks.
Article 32
Monitoring and control of the engineering-geological and geotechnical explorations referred to in Article 21, paragraph 1 of this Law, which are performed to define the engineering- geological and geotechnical conditions for construction and/or remediation as well as other characteristics of the geological environment for the purposes of spatial and urban planning, building of construction facilities, protection of natural and cultural resources and geo-heritage facilities, remediation and re-cultivation of terrain, shall be carried out by the local self-government unit.
The company, i.e. another legal person or a sole trader performing the exploration referred to in paragraph 1 of this Article shall notify the competent authority of the local self-government for urbanism and competent institute for the protection of cultural monuments of the beginning of exploration and deliver the basic information about the type, objective and schedule of exploration, exploration site name, as well as about the entity carrying out the exploration.
The following is to be delivered attached to the application referred to in paragraph 2 of this Article:
1) Geodetic plan of the scale of 1:1,000 (or of some other adequate scale) with clearly chartered border line and numbers of the cadastral parcels in which the exploration is being planned;
2) Design for engineering-geological and geotechnical explorations, developed by a legal entity that complies with the conditions referred to in Article 22 of this Law;
3) Photocopy of the receipt of payment of the municipal administrative fee.
The results of the performed explorations referred to in paragraph 1 of this Article shall be presented in the study on engineering-geological and geotechnical conditions for the construction of facilities.
The study referred to in paragraph 4 of this Article shall be subject to technical control - review performed by a legal person holding the relevant license in compliance with this Law.
The beneficiary of exploration shall deliver one copy of the study referred to in paragraph 4 of this Article to the competent authority of the local self-government for urbanism in writing and in the electronic PDF format, in the language in the official use in the Republic of Serbia, within 30 days from the completion of explorations at the latest.
The competent authority of the local self-government unit shall maintain the cadastre and records of notifications on performed explorations referred to in paragraph 1 of this Article, permanently keep the studies referred to in paragraph 4 of this Article and deliver to the Ministry, i.e. to the competent authority of the autonomous province, if the explorations are performed in the territory of the autonomous province, a report on submitted notifications and on performed control for the previous calendar year, by 31 January of the following year at the latest.
Personal data in the reports referred to in paragraph 7 of this Article shall include: the first name and surname of the natural person.
The tasks referred to in paragraphs 1 and 7 of this Article shall be performed as delegated tasks.
Article 33
Monitoring and control of the geological explorations of the geothermal resources for the supply of thermal energy to a family household of a natural person shall be carried out by the local self-government unit.
The natural person who performs the explorations referred to in paragraph 1 of this Article shall notify the competent authority of the local self-government for urbanism about the beginning of explorations and deliver the basic information about the exploration method, objective and schedule, exploration site name, as well as about the entity carrying out the exploration.
The following is to be delivered attached to the application referred to in paragraph 2 of this Article:
1) Certified photocopy of the identity card of the natural person;
2) Geodetic plan of the scale of 1:1,000 (or of some other adequate scale) with chartered border line and number of the cadastral parcel and marked micro location of the prospecting probe;
3) Design for the exploration of the petro-geothermal resources, developed by an expert person of the geological profession that complies with the conditions referred to in Article 22 of this Law;
4) Photocopy of the receipt of payment of the municipal administrative fee.
Upon completed explorations referred to in paragraph 1 of this Article, a report on explored petro geothermal resources shall be compiled, based on which the use of petro geothermal resources may be approved for supply of geothermal energy to a family household of a natural person in compliance with Article 64 of this Law.
The beneficiary of the exploration shall deliver one copy of the report referred to in paragraph 4 of this Article to the competent authority for urbanism in writing and in the electronic PDF format, in the language in the official use in the Republic of Serbia, within 30 days from the completion of explorations.
The competent authority of the local self-government unit shall maintain the cadastre and records of notifications on completed explorations referred to in paragraph 1 of this Article and to permanently keep the reports referred to in paragraph 4 of this Article and to deliver to the Ministry, i.e. to the competent authority of the autonomous province if the explorations are performed in the territory of the autonomous province, a report on submitted notifications and on performed control for the previous calendar year, by 31 January of the following year at the latest.
Personal data in the reports referred to in paragraph 6 of this Article shall include the first name and the surname of the natural person who submitted the application.
The tasks referred to in paragraphs 1 and 6 of this Article shall be performed as delegated tasks.
Article 34
The application for issuing of approval referred to in Article 30, paras. 1 and 2 of this Law shall include information on: the company, i.e. on another legal person or a sole trader that is the applicant, on the type of geological exploration, on the type of mineral and other geological resources and on the size of exploration area, as well as on the duration of the exploration, in compliance with Articles 38 and 41 of this Law.
Attached to the application referred to in paragraph 1 of this Article, the following shall be submitted:
1) Topographic map of the scale of 1:25,000 or in some other adequate scale, with chartered border line and coordinates of exploration area;
2) Design of geological explorations;
3) Report and the certificate of completed technical control of the design;
4) Proof of right to use data and results of the explorations that are the result of geological explorations conducted by another business entity or the result of the basic and applied geological explorations, if such data was used on the occasion of design developing;
5) Letter of intent of a bank or company from the group within which the applicant operates, that a bank guarantee or corporate guarantee shall be issued for the applicant’s obligations within 30 days from the date of receipt of the decision allowing exploration of metallic mineral raw materials, lithium and boron, or the statement of the company that a promissory note shall be submitted within the mentioned period;
6) Proof of payment of the republic, i.e. of the provincial administrative fee for approval issuing, in cases where the exploration is to be performed in the territory of the autonomous province.
The applicant referred to in paragraph 1 of this Article shall, prior to developing of the design of geological exploration, acquire the act on conditions for design development and realization of the planned geological explorations, issued by the competent institute for the conservation of nature and by the competent institute for the protection of cultural heritage or by some other competent authority.
The acts on conditions laid down by the competent authorities referred to in paragraph 4 of this Article shall make an integral part of the geological exploration design.
If the design referred to in paragraph 3, item 3) of this Article envisages the mining exploration works within the exploration with the aim of providing mineral raw materials for technological testing, a separate application for issuing of an approval for works in compliance with a mining design referred to in Article 93, paragraph 1 of this Law shall be submitted, except in case where the approved quantity of mineral raw material in compliance with Article 45, paragraph 1 of this Law can be taken from the exploration well, exploration excavation or from a natural ore outcrop, in compliance with the design and conditions of the geological explorations performed.
In the case of explorations or a test run of an oil and natural gas exploration well, an application for works in accordance with such design shall be submitted attached to the design referred to in Article 94, paragraph 1, item 2) of this Law, in compliance with Article 105 of this Law.
In the case of a test run of an oil and natural gas exploration well referred to in paragraph 5 of this Article as a part of a mining project, the time/duration of such test run should mandatorily be specified, in compliance with Article 45 of this Law, and the method of the storage thereof should be described in detail.
For each submitted application, the reference number of the application, and the date, hour and minute when the application was submitted shall be entered in the register of applications, and the certificate issued to the applicant shall also include the reference number of the application, as well as the date, hour and minute when the application was submitted.
Article 35
The competent authority shall reject the application for approval referred to in Article 34, paragraph 1 and in Article 39, paragraph 1 of this Law by means of a decision in the following cases:
1) If a procedure related to the application for exploration, application for extension of the exploration period and application for retaining the right to a exploration area in the same exploration area has been initiated by some other legal person for the same mineral or the same geological resource, as well as if a procedure related to the application for the issuance of the approval for exploitation, for an exploitation field or exploitation area has been initiated;
2) If incomplete documentation referred to in Article 34, paragraph 2, i.e. in Article 39, paragraph 2 of this Law was delivered with the application;
3) If the area for which the approval for exploration is sought has already been leased to another person for: exploration, retaining of the right to a exploration area of the same mineral or the same geological resource, exploitation field or exploitation of mineral raw materials and resources, exploitation area of ground water and geothermal resources;
4) If the applicant has outstanding liabilities within the meaning of the Article 7 of this Law;
5) If it should establish that the documents submitted contain inaccurate information.
In cases referred to in items 3) through 5) of paragraph 1 of this Article, the competent authority shall first request from the applicant to correct or to amend the application within 30 days from the notification receipt date.
The decision referred to in paragraph 1 of this Article that is issued by the Ministry shall be final and an administrative dispute may be initiated against it.
The appeal against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
Article 36
If the application for issuance of approval in compliance with the provisions of Article 34, paragraph 1 of this Law for exploration of the same mineral or geological resource in the same exploration area is submitted by two or more legal persons, i.e. sole traders, priority in granting approval shall be given to the legal person, i.e. sole trader that submitted the application for exploration first, in compliance with the provisions of Article 34 of this Law.
Article 37
Decision on approval of applied geological exploration shall include information about:
1) Name of entity in charge of exploration and address of its seat;
2) Exploration scope and type;
3) Surface area and coordinates of the breakpoints of exploration area;
4) Name of the geological exploration design;
5) Duration of exploration period in accordance with the application of the entity in charge of exploration.
Article 38
A exploration period of up to three years shall be specified in the approval for applied geological explorations of mineral raw materials according to the application submitted by the entity in charge of exploration, with the possibility to extend the exploration period two consecutive times, where the duration of the first extended exploration period cannot exceed three years and the duration of the second exploration period cannot exceed two years, except in case of the explorations referred to in paragraph 6 of this Article, provided that the exploration period shall start from the date of serving of the decision on approval to the entity in charge of exploration.
The exploration period shall start from the date of serving of the decision on approval to the entity in charge of exploration and shall last until the expiry of the last day of the time limit, except when the entity in charge of exploration has submitted in accordance with this Law a complete application for extension no later than 30 days prior to the expiry of the exploration period in accordance with Article 39 of this Law, in which case the approval for exploration shall remain in force even after the expiry of the time limit until the decision based on the application referred to in Article 39 of this Law is served on the entity in charge of exploration.
In case where the entity in charge of exploration of mineral raw materials referred to in paragraph 1 of this Article works on a study on reserves and resources of a mineral raw material during the second extended exploration period and, due to the lack of data, presents only the mineral resources in such study, the certificate of mineral resources shall be the basis for acquiring approval for an additional extension of exploration period for two additional years with the aim of collecting the necessary data for establishing and classification of ore reserves, i.e. for the translation of mineral resources into the ore reserves.
An exploration period of up to two years shall be specified in the approval for exploration of ground water and geothermal resources, with the possibility to extend the exploration period for two consecutive times, where the duration of each of the extended exploration periods cannot exceed one year.
An exploration period of up to two years shall be specified in the approval for engineering- geological explorations, with the possibility of extension of up to one year.
An exploration period of up to two years shall be specified in the approval for exploration of non-metallic mineral raw materials for the supply of construction materials that are used as: technical-construction stone; architectural-building (decorative) stone; brick, ceramic and incombustible clays; for production of cement and lime and as sand and gravel in industry and civil engineering, as well as carbonate raw materials, tuff, zeolitized tuff and peat, which are used in industry, with the possibility of a single extension of the exploration period for up to one year.
Article 39
The application for extension of the exploration period referred to in Article 38 of this Law shall be submitted within 30 days prior to expiry of the exploration period specified in the approval for exploration at the latest, on condition that a minimum of 75% of the approved scope of exploration works has been completed in each exploration year, presented in the basic design and annex to the exploration design, in compliance with Article 44, paragraph 1 of this Law.
The following shall be submitted attached to the application referred to in paragraph 1 of this Article:
1) Topographic map of the scale of 1:25,000 or in some other adequate scale, with chartered border line and coordinates of exploration area for continuation of exploration;
2) Geological explorations design;
3) Report on and certificate of completed technical control of the design;
4) Final report, and, in case of explorations referred to in Article 30, paragraph 2 of this Law, a study on engineering-geological and geotechnical conditions for construction of facilities;
5) Proof of payment of the republic, i.e. provincial administrative fee if the exploration is to be carried out in the territory of the autonomous province.
The report on the fulfillment of the conditions referred to in paragraph 1 of this Article shall be issued by the GSS on the basis of the documentation (design and report) submitted by the Ministry in accordance with paragraph 2 of this Article.
The surface area of the exploration area intended for extension of exploration period is specified in the geological exploration design referred to in paragraph 2, item 2) of this Article and it may remain the same or be reduced compared with the surface area specified in the approval for exploration, in accordance with the application of the entity in charge of exploration.
If the design referred to in paragraph 2, item 2) of this Article envisages mining exploration works and/or sampling for technological testing, a mining design referred to in Article 93, paragraph 1, and, in case of oil and natural gas exploration, the mining design referred to in Article 94, paragraph 1, item 2) of this Law shall be submitted attached to the application for extension of the exploration period.
The design referred to in paragraph 2, item 2) of this Article, as well as any amendments and additions (hereinafter: annex to the design) to the design referred to in Article 44, paragraph 3 of this Law shall be developed in compliance with the conditions issued by the competent institutes for the conservation of nature and for the protection of cultural heritage in accordance to which the main design was developed, except in case referred to in paragraph 4 of this Article where the design, i.e. the annex to the design includes plans for mining exploration works referred to in Article 93, paragraph 1 or in Article 94, paragraph 1, item 2) of this Law, when prior acquiring of conditions issued by the competent institute for the conservation of nature shall be necessary.
An extension of the exploration period shall be granted by means of a decision that is to be passed by the Ministry, i.e. by the competent authority of the autonomous province.
The decision referred to in paragraph 6 of this Article that is issued by the Ministry shall be final and an administrative dispute may be initiated against it, and an appeal may be lodged with the Minister against the decision passed by the competent authority of the autonomous province.
Article 40
The entity in charge of exploration of mineral and other geological resources may submit an application for retaining the right to a exploration area with the aim of preparing documentation for the exploitation approval, i.e. approval for an exploitation field and an exploitation area, within 30 days prior to expiry of the exploration period specified in the decision granting approval for the explorations at the latest.
The following shall be submitted attached to the application referred to in paragraph 1 of this Article:
1) Program of activities that the holder of approval for exploration plans to perform over the period for which retaining of right to the exploration area is sought, in compliance with paragraph 5 of this Article;
2) General planimetric map of the adequate scale with chartered border line and coordinates of the field and area for which retaining of rights to the exploration area is sought;
3) Proof of payment of fee based on the previously approved explorations;
4) Proof of payment of the republic, i.e. provincial administrative fee if the exploration is carried out in the territory of the autonomous province;
5) Final report.
The general planimetric map referred to in paragraph 2 of this Article shall comprise data on the position of the performed exploration works, contour lines of the established resources and reserves of the mineral raw material if these were recorded by the competent state authority, public traffic routes and other facilities with potential impact on the future exploitation, such as: substations, power lines, gas pipelines, water sources and water supply facilities, geo-heritage facilities, religious facilities, etc.
The application referred to in paragraph 1 of this Article shall be granted by means of a decision passed by the Ministry, i.e. by the competent authority of the autonomous province, where the period for retaining of right to a exploration area shall be specified as a period of up to two years and cannot be extended, except in the case of ground water and geothermal resources where such a period is specified to be up to one year, and in case of mineral raw materials of strategic importance within the meaning of Article 4 of this Law, it may equal up to three years and cannot be extended.
Within the period specified in the decision referred to in paragraph 4 of this Article the following shall be possible:
1) Performance of all the necessary research work, as well as the economic analyses;
2) Collection of data on the already established observation network for monitoring of ground water hydrodynamic regime, as well as collection of information on the so-called "zero" state of environment (on composition/quality of water, air, soil);
3) Development and/or certification of the study on reserves and resources, if such study has not been completed in the preceding period.
The Ministry, i.e. the competent authority of the autonomous province, shall revoke the decision by means of which retaining of the right to a exploration area was approved in case that the fee for retaining of the right to the exploration area is not paid for the current year and/or if it should be established that the approval holder has failed to comply with the approved program referred to in paragraph 2, item 1) of this Article.
The decision referred to in paragraphs 4 and 6 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
Appeal against the decision referred to in paragraphs 4 and 6 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
The decision on retaining the right to exploration area referred to in paragraph 4 of this Article shall cease to be valid on the date of submission of the approval for the exploitation field, approval for exploitation or approval for the exploitation area.
Article 41
The surface area of exploration area for the applied geological exploration of mineral and other geological resources may not exceed 100 km2, except for:
1) Exploring of oil and natural gas, when it cannot exceed 5,000 km2;
2) Exploration of ground water and geothermal resources, when it cannot exceed 10 km2;
3) Exploration of non-metallic mineral raw materials for the supply of construction and industrial materials, when it cannot exceed 2 km2.
Article 42
Applied explorations of another mineral or geological resource may be approved within the same exploration area in which applied geological explorations of a mineral or geological resource were already approved, providing that there are geological and other conditions for unobstructed performance of such explorations.
The assessment of existence of conditions required for unobstructed exploration referred to in paragraph 1 of this Article shall be made based on: the type of explored and other mineral or geological resource for which the application was submitted; geological structure, i.e. geological-metallogenetic (mineragenetic) characteristics of the terrain in which the presence of another mineral or geological resource is expected compared with the geological formation in which the mineral or other geological resource is explored, where the competent authority shall, prior to passing of the final decision on submitted application, obtain opinion from the entity holding the approval for exploration.
In case of the approved applied geological explorations of oil and gas and ground water for water supply, only the opinion of the entity in charge of the exploration shall be obtained.
Engineering-geological explorations may be conducted within the approved exploration and/or exploitation field and exploitation area for the purpose of construction of facilities and remediation of terrain in accordance with this Law.
The applied geological explorations of ground water for the purpose of water supply may be conducted within the exploration fields of mineral raw materials, and exploration and exploitation areas of ground water and geothermal resources when this is allowed by geological and other conditions and applied exploitation technology in accordance with this Law.
The GSS may conduct basic geological explorations without obstructions within the approved exploration and/or exploitation field or exploitation area, without the consent of the entity holding the approval for applied geological explorations and/or for exploitation field or area, in order to produce basic geological maps and specialist studies for the needs of the Republic of Serbia, providing that it informs the entity holding the approval in advance about the planned basic geological explorations and that those explorations do not jeopardize the performance of the works of the entity holding the approval.
Article 43
The entity in charge of the exploration shall notify the competent authority of the local self-government unit in the territory of which the exploration area is located, the authority that issued the decision on approval of the exploration and the geological and/or mining inspection of the beginning of works on geological exploration 15 days prior to the beginning of the designed exploration works, and if the works are to be performed in an area referred to in Article 6 of this Law, such notification shall be additionally delivered to the organization, i.e. authority managing such area or to a service in charge of the protection of cultural heritage.
The notification of the beginning of works on geological exploration shall include information about: the entity in charge of exploration, number of the decision and date of issuing thereof, number of exploration area, as well as information about the entity conducting the geological exploration and about the person performing the expert supervision, and in case of a test run of the exploration wells of oil and natural gas referred to in Article 45, paragraph 3 of this Law, the beginning and end dates of such test run of the exploration well, in compliance with the mining design referred to in Article 94, paragraph 1, item 2) of this Law.
Article 44
Minimum mandatory share of the designed scope of geological and mining exploration works during the approved exploration period shall be 75% of the planned scope of exploration works as per the design.
In case of multiannual explorations of mineral and other geological resources, the type and scope of the designed exploration works, as well as the schedule for the realization thereof, shall be presented for the entire exploration period and separately for individual years of such exploration as well.
If the need arises during the exploration for a modification of more than 25% of the type and scope of the design planned works, the entity in charge of exploration shall make the amendment and addition to the design with an account of the newly designed works and to deliver it to the competent authority that issued the approval for exploration, prior to the beginning of works as per the annex to the design at the latest.
The total scope of the exploration works specified in the design for geological exploration cannot be reduced by the annex to the design referred to in paragraph 3 of this Article, in case where such annex to the design is developed for the last year of the approved exploration period.
If, within the approved exploration period, the company submits an application for establishment and verification of the resources and reserves of mineral raw materials, resources and reserves of ground water and geothermal resources, and it wants to continue the exploration, it shall be necessary to submit an application for amendments and additions to the design in accordance with paragraph 3 of this Article, except in the case of the applied geological explorations of oil and gas.
The entity in charge of exploration may submit an application for the issuance of an approval for modification of border lines of the approved exploration area in compliance with the conditions specified in this Article, but it must obtain the conditions of the competent institutes for nature protection and protection of cultural heritage in order to expand the exploration area.
Article 45
Allowed quantities of mineral raw material that may be taken for technological testing during the approved geological exploration for the purpose of establishing of technological characteristics and providing proof of the reserves of mineral raw material, in compliance with the design of geological explorations and the mining design referred to in Article 93, paragraph 1 of this Law shall be specified quantitatively, and the following manner:
1) (deleted) |
|
2) quartz sand (for glass and other industries) |
10 m3 |
3) brick, ceramic and fire-resistant clays |
20 m3 |
4) architectural and building stone |
20 m3 |
5) (deleted) |
|
6) marl, marly limestone, gypsum and all types of tuffs for the production of cement and lime |
500 m3 |
7) phosphates, magnesites and other non-metallic mineral raw materials |
500 t |
8) coal and oil shale (oil shale and/or slates) |
500 t |
9) metallic mineral raw materials (per single technological type) |
2,000 t |
10) boron and lithium ores (borates) |
2,000 t. |
Mineral raw material for the purpose of technological tests may be taken from a number of exploration works, i.e. from different parts of an ore body/deposit, provided that total allowed quantities for technological testing referred to in paragraph 1 of this Article may not be exceeded.
In case of oil and natural gas explorations, taking of oil and natural gas by means of the trial operations of a probe an exploration well shall be allowed for a maximum period of up to one year for the purpose of testing of the production and technical characteristics of the discovered oil and natural gas deposits and for the purpose of defining the parameters for their potential exploitation.
The entity in charge of exploration shall truthfully present the quantities of oil and natural gas obtained by means of the test run referred to in paragraph 3 of this Article in the annual report for the previous year of exploration during which the exploration well test run was performed, as well as in the study on resources and reserves.
Material taken for the purpose of technological testing can be neither alienated nor sold.
The quantities of oil and natural gas obtained during test run of exploration wells shall be subject to payment of fee specified in the law regulating fees for the use of public goods.
Article 46
Geological explorations of mineral and other geological resources within the approved exploitation field, area and protective area shall be carried out without an approval for exploration. For explorations within the protective area, it is necessary to obtain conditions in advance from the competent institute for nature protection and the competent institute for the protection of cultural heritage or another competent authority.
The entity in charge of exploitation shall notify the competent authority that issued the approval for exploitation of the beginning of exploration works.
The geological explorations referred to in paragraph 1 of this Article shall be carried out in the manner laid down by this Law and by other regulations in the field of geology and mining.
Article 47
The competent authority shall revoke the decision on approval of exploration prior to expiry of the determined exploration period in the following cases:
1) In case of failure to conduct the explorations in compliance with the design for geological exploration;
2) In case of failure to provide for expert supervision of the performance of geological explorations;
3) In case the explorations are performed outside the approved exploration area;
4) In case of failure to deliver the annual report for the previous year of exploration within the deadline prescribed by law;
5) In case of failure to bring the land on which the exploration works were carried out back in its original condition;
6) In case of failure to implement the prescribed measures of occupational safety and health, required safety measures for property, human health and environmental protection and protection of cultural property and resources under preliminary protection;
7) In case of failure to pay the fee for the applied geological explorations, as well as the fee for oil and natural gas, obtained by means of test run of exploration wells in the previous year of exploration;
8) In case of subsequent determination that the submitted documentation based on which the approval was issued contained incorrect, i.e. false information;
9) In case the exploration presents a threat to the already existing use or exploration of ground water and geothermal energy;
10) In case of failure to report the commencement of exploration works within the deadline envisaged by law;
11) In case of failure to commence works within 90 days from the date of receipt of the approval for exploration;
12) In case the annual report determines that the works are not performed in accordance with the design;
13) In case instead of explorations, exploitation of mineral raw materials, or use of ground water and geothermal resources is performed;
14) In case of failure to submit collateral instruments in accordance with Article 34 of this Law.
The decision on approval of exploration shall be cease to be valid:
1) Upon request by the entity in charge of explorations, on the date of serving of the decision terminating the decision on approval of the explorations on the entity holding the approval;
2) Upon suspension of explorations, based on the record made by a geological inspector, on the date of delivery of the decision terminating the decision on approval of the explorations to the entity holding the approval;
3) Upon expiry of the exploration period, in accordance with Article 38, paragraph 2 of this Law.
The decision on approval of the exploration shall not cease to be valid if the entity holding that approval additionally receives the approval for the exploitation field or area in the part of that exploration field, in which case the Ministry, upon the application of the right holder, shall simultaneously amend the decision on the approval of explorations, reducing the exploration field by excluding the exploitation field or area, in accordance with Article 44, paragraph 5 of this Law.
In cases referred to in paragraphs 1 and 2 of this Article, the entity in charge of exploration shall remediate the area in which the exploration was conducted and, in the case some underground exploration mining works were performed based on a design referred to in Article 93, paragraph 1 of this Law, it shall implement measures for maintenance of underground work areas, facilities and installations upon completion of exploration works.
The decision referred to in paragraphs 1 and 2 of this Article that was issued by the Ministry shall be final and an administrative dispute may be initiated against it.
Appeal against the decision referred to in paragraphs 1 and 2 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
In cases referred to in items 1) through 13) of paragraph 1 of this Article, the competent authority shall first require from the entity in charge of exploration to remove the established irregularity within a deadline specified by the competent authority.
The decision on the approval of exploration may be amended only at the request of the entity in charge of explorations in accordance with this Law.
Article 48
The authority that issued an approval for explorations shall maintain records on approved explorations and a cadastre of approved exploration areas.
Data on entity in charge of exploration, scope of geological exploration, exploration area and duration of exploration period shall be entered in the cadastre of approved exploration areas.
Interested parties shall be entitled to access data kept in the cadastre of approved exploration areas.
Article 49
The entity in charge of exploration shall be entitled to exclusively use and dispose of geological data and items and documents derived from applied geological explorations (reports and studies on the results of geological explorations and other geological documentation, as well as the cores of exploration wells and samples and analyses from all exploration works, etc.), in accordance with this Law.
The entity in charge of exploration shall keep, in the prescribed manner, the reports and studies on the results of geological explorations and other geological documentation, as well as the cores of exploration wells and samples and analyses from all exploration works and to present them, where necessary, to the Ministry, i.e. the competent authority of the autonomous province for the purpose of verifying the exploration results.
Upon cessation of applied geological explorations, the Republic of Serbia may use the results of such explorations, in the manner that shall not compromise the interests of the data owner, in compliance with the regulations governing data protection, and only in the case of: national defense and raising of the general security level of the population, remediation of consequences of geological hazards (earthquakes, floods, landslides, avalanches, etc.), drafting of the strategic study research work aimed at establishing and assessing the total mineral potentials of a geological environment or other geological resources, as well as for the purposes of spatial planning and other long-term strategic documents of general interest.
The mining facilities constructed in the process of geological explorations that were not officially registered as the property of the entity in charge of exploration shall not be considered to be the results of explorations referred to in paragraph 1 of this Article and upon completion of exploration these shall become the property of the Republic of Serbia and shall be available for use to the entity holding the approval for exploration or to the entity holding the approval for exploitation in the exploration or exploitation field of such entities in which such facilities are located.
The entity in charge of exploration using exploration data and results that are the result of geological explorations carried out by another business entity or that are the result of the basic and applied geological explorations financed from the budget of the Republic of Serbia shall deliver proof of the right to use such data in the development of designs of geological explorations, reports and studies on the results of these explorations and/or studies on resources and reserves.
In case where the results of geological explorations and documents referred to in paragraph 1 of this Article contain data considered to be classified data in compliance with the regulations in force laying down the protection of classified data, the entity in charge of explorations may hand over such data to third parties only in the manner and under the conditions laid down in these regulations.
In case where the entity in charge of explorations is no longer known or no longer exists and the ownership of the results cannot be determined, the Ministry in charge of mining and geological explorations may dispose of the results of geological explorations as well as documents containing geological results.
7. Obligations of Entity in Charge of Exploration
Article 50
An entity in charge of exploration shall:
1) Provide for the required financial means for the performance of approved geological exploration and take any other measures and activities necessary and begin conducting the explorations in compliance with the approved design;
2) Acquire proof of the right to use, lease, owner’s consent, i.e. easement, as well as of the conditions for implementation of technical protection measures from the competent institution for the protection of cultural monuments, on the land on which the designed exploration works (exploration drill holes, excavations, exploration floors, exploration mining works, etc.) are planned to take place, prior to the beginning of such works;
3) Carry out the type and scope of exploration works as per the design of geological exploration, with the maximum allowed deviation in respect of the approved scope and type of works of up to 25%;
4) Provide notification of the beginning of exploration works;
5) Provide for the expert supervision of the geological exploration;
6) Pay the fee for the approved geological explorations, as well as the fee for excavated quantity of oil and natural gas, in cases of approved test run of exploration drill holes;
7) Deliver annual report and final report on the results of the exploration, continuously during the exploration, in the official language of the Republic of Serbia;
8) Implement the prescribed occupational safety and health measures, the required safety measures aimed at protection of property, human health and environment;
9) Return the land in which the exploration works were conducted into its original state;
10) Make records of other mineral raw materials and geological resources as well, should these be discovered within the approved exploration area and notify the authority that issued approval for geological explorations thereof;
11) Keep the reports and studies on results of geological exploration and other geological documentation, as well as the cores of exploration drill holes and samples and analyses obtained from all the exploration works during the course of exploration in the prescribed manner and, if necessary, to provide access thereto to the Ministry, i.e. to the competent authority of the autonomous province for the purpose of verification of the exploration results;
12) During testing of cores of exploration drill holes and other samples, comply with the positive geological practices for such testing and in such a manner as to provide for confidentiality of obtained testing results;
13) Secure the excavated quantities of mineral raw materials envisaged for technological testing in an industrial scale and protect them from deterioration, and store the extracted quantities of oil and gas obtained by means of the test run of the exploration wells in the manner envisaged in the design and maintain accurate records about the disposal of quantities obtained;
14) Provide access for the geological inspector to the business premises and plant facilities or inspection of the designs and plans, reports and other documentation on the condition of geological works;
15) In the case of negative impact on the existing sources during applied geological explorations of ground water, suspend the exploration works and inform the competent authority and competent local self-government thereof;
16) Conserve the well if the ground water is found that shall not be used immediately;
17) Upon completion or suspension of geological explorations in the area where the works were performed, implement all security measures that shall permanently exclude the occurrence of danger to people and property, as well as the environment, and bring the terrain to its original purpose and inform thereof the competent authority that issued the approval for geological explorations, as well as the local self-government on whose territory the works were performed;
18) Begin works no later than 90 days from the date of receipt of the approval.
The entity in charge of explorations of mineral raw materials or other geological resources shall acquire from the competent authority for urbanism on the local self-government level information on any applicable restrictions for such explorations in relation to the spatial or urban plan or other limitations.
Notwithstanding paragraph 1, item 2) of this Article, the legal easement shall be established on cadastral parcels planned for geological explorations when the owner of the land is unknown or is unavailable, and the entity holding the approval of exploration shall pay the rent in court deposit in the name of the registered owner of that parcel, in accordance with the rents charged by the holder of public property on that type of land in the territory of the local self-government on which the parcel is located.
8. Classification of Mineral Resources and Reserves, Resources and Reserves of Ground Water and Geothermal Resources
Article 51
Classification of resources and reserves of mineral raw materials, shall be performed in accordance with the current version of the Pan-European Code for Reporting of Exploration Results, Mineral Resources and Reserves (PERC), while the classification of liquid and gaseous resources and reserves as well as of ground water and geothermal resources shall be performed in compliance with the relevant regulations and rulebooks on reporting and classification of liquid and gaseous mineral raw materials, ground water and geothermal resources that are aligned with the recognized international reporting and classification methods.
Explored resources and reserves of mineral raw materials shall be presented in the study on resources and reserves of solid mineral raw materials and in the study on resources and reserves of oil, condensates and natural gases.
Explored resources and reserves of ground water and hydro geothermal resources shall be presented in the study on resources and reserves of ground water.
Estimated resources of internal heat of rock masses of the earth’s crust shall be presented in the study on petro geothermal resources for the needs of supply of geothermal energy.
The entity in charge of exploitation of mineral raw materials shall, in case of a discovery of new ore bodies or mineral raw materials, i.e. of deposits in case of oil and gas, deliver to the Ministry, i.e. to the competent authority of the autonomous province, the study referred to in paragraph 2 of this Article, which was produced based on adequate data on: actual quantities and quality of resources and reserves in a deposit, relevant technical and technological production parameters, as well as on the economic, market, environmental and other indicators based on which the modifying factors are considered with the aim of producing adequate study analyses and/or verifying the newly generated operational conditions for the company.
In order to use ground water, the entity holding the approval for exploitation area shall, every fifth year from the date of the previously recorded condition of established ground water resources and reserves, deliver to the Ministry, i.e. to the competent authority of the autonomous province, the study referred to in paragraph 2 of this Article produced based on the newly performed - current observations of the hydrodynamic regime of ground water and new quality control analyses of such water with the aim of establishing the actual quantities and qualitative characteristics of the exploitable ground water reserves in the deposit, which are subject of use.
The Minister shall prescribe the conditions, criteria, content and method of classification of resources and reserves of mineral raw materials and other geological resources and the method of presentation thereof in the study referred to in paragraph 1 of this Article.
Article 52
Explored resources and reserves of mineral raw materials and ground water shall be determined on the basis of the study referred to in Article 51, paras. 2 and 3 of this Law, while the recorded petro-geothermal resources shall be determined on the basis of the study referred to in Article 51, paragraph 4 of this Law.
Assessing and recording of determined resources and reserves of mineral raw materials and ground water, as well as of geothermal resources shall be performed by the Ministry, i.e. by the competent authority of the autonomous province, with expert assistance of the working groups (hereinafter: commissions), established by the Minister, i.e. by the competent authority of the autonomous province, for the transitional period of two years required for license issuing to the competent persons of the geological profession and to the competent persons of the mining profession, except in the case of certification of ground water reserves and geothermal resources, as well as for drafting and implementation of rulebook on determining of resources and reserves of mineral raw materials and classification thereof, which cannot exceed six months from the date of adoption of the act on establishing of the commission.
The act on establishing of the commission referred to in paragraph 2 of this Article shall lay down the tasks, obligations and remuneration for work performed by the members thereof.
Resources and reserves of mineral raw materials, resources and reserves of ground water, as well as geothermal resources shall be determined by a certificate on reserves and/or resources of mineral raw materials and ground water, as well as on petro-geothermal resources, which shall be issued by means of a Ministry decision, i.e. by means of a decision of the competent authority of the autonomous province, upon application by the person who has acquired the conditions for certification of resources and reserves of mineral raw materials, resources and reserves of ground water or petro-geothermal resources in accordance with the provisions of this Law.
The holder of the certificate on reserves and/or resources for a period of six years from the date of issuance of the decision referred to in paragraph 4 of this Article shall have:
1) The right to obtain a decision on approval for exploitation and/or exploitation field, in accordance with this Law;
2) The right to exclusively use and dispose of geological data and items and documents derived from applied geological explorations (reports and studies on the results of geological explorations and other geological documentation, as well as the cores of exploration drilling wells and samples and analyses from all exploration works, etc.), in accordance with this Law;
3) The right to transfer it to a third party, in accordance with this Law;
4) The other rights, in accordance with this Law.
If the holder of the certificate on reserves and resources does not submit an application for approval for exploitation and/or exploitation field within six years from its issuance, the Republic of Serbia shall become the holder of that certificate on reserves and resources upon the expiry of that period of six years and thereby shall acquire all rights arising from it in accordance with this Law.
When the Republic of Serbia is the holder of the results and holder of a certificate on reserves and resources, with the aim of opening a mine according to the principles of economic, social and environmental sustainability, in accordance with the principles of this Law, the Ministry may, with the Government’s consent:
1) Announce and conduct a public auction for the purpose of disposing of the certificate on reserves and resources and the results of geological explorations at which it shall select the best qualified bidder; and/or
2) Conclude a public-private partnership agreement or a concession agreement in accordance with the law regulating public-private partnership and concessions in order to dispose of the certificate on reserves and resources and the results of geological explorations.
The Republic of Serbia, when conducting applied geological explorations with its own funds, shall freely dispose of the results thereof in accordance with the law.
The following shall be submitted attached to the application referred to in paragraph 4 of this Article:
1) A photocopy of the approval for exploration or of the approval for retaining the right to the exploration area, i.e. a photocopy of the approval for exploitation and/or for the exploitation field, or the information on the issued approval;
2) A general map of an adequate scale with chartered coordinates of the breakpoints of determined resources and reserves of mineral raw materials and ground water or geothermal resources;
3) The study referred to in Article 51, paras. 2, 3 or 4 of this Law;
4) The report of the competent person of the geological profession and of the competent person of the mining profession on expert assessment - review of the study on resources and reserves of mineral raw materials, i.e. the report of the expert person of the geological profession on expert assessment - review of the study on resources and reserves of ground water or petro-geothermal resources;
5) Proof of payment of the republic, i.e. of the provincial administrative fee for certification of resources and reserves of mineral raw materials, ground water and geothermal resources;
6) Proof of the right to use the exploration data and results that are the result of geological exploration performed by another business entity or the result of the basic and applied geological explorations financed by the budget of the Republic of Serbia, if they were used in compiling of the study.
The applicant referred to in paragraph 4 of this Article shall bear the costs of professional assessment-audit of the study referred to in paragraph 5, item 4) of this Article.
The application for issuing of the certificate referred to in paragraph 4 of this Article shall be submitted no later than one year from the date of cessation of validity of the approvals on the basis of which the determination and certification of reserves and resources of ground water and/or geothermal resources are performed.
The competent authority shall, by means of a decision, refuse the application referred to in paragraph 4 of this Article if the applicant has outstanding liabilities regarding fees for geological explorations and fees for the use of mineral raw materials and/or other geological resources, and if the inspection finds that the applicant has not fulfilled the obligations referred to in Article 50 of this Law.
The Minister shall prescribe in more detail the conditions and manner of operation of the commission for determining and certifying of the resources and reserves of mineral raw materials, resources and reserves of ground water and/or geothermal resources, referred to in paragraph 2 of this Article.
The decision referred to in paragraph 4 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it, and an appeal may be lodged with the Minister against the decision issued by the competent authority of the autonomous province.
Investment Agreement
Article 52а
The Republic of Serbia and an investor who has acquired the right to exploitation may conclude an investment agreement in accordance with this Law and the regulation referred to in paragraph 3 of this Article.
The investment agreement referred to in paragraph 1 of this Article shall regulate in more detail the issues of construction of missing infrastructure, environmental protection, preemptive purchase of products for the benefit of domestic processors and producers, fiscal i.e. financial benefits in accordance with the regulations governing these issues, as well as other issues of importance for the realization of the project.
The Government shall regulate in more detail the manner of initiating, conducting and the content of negotiations for the purpose of concluding an investment agreement, elements of the agreement, as well as other issues of importance for concluding an investment agreement, in accordance with the provisions of this Law.
9. Balance of Mineral Resources and Reserves, Resources and Reserves of Ground Water and Geothermal Resources
Article 53
The entity in charge of exploration, the entity in charge of exploitation and/or the entity holding the approval for an exploitation area shall maintain a book on the condition of resources and reserves of mineral raw materials and of the resources and reserves of ground water, as well as of the geothermal resources in the approved exploration or exploitation area, i.e. exploitation field and to deliver data on the condition of resources and reserves to the Ministry, i.e. to the competent authority of the autonomous province, each year by 15 March of the current year, as per the condition of resources and reserves on 31 st December of the previous year, in writing and in electronic format.
On the basis of obtained data and issued certificates on determined and classified resources and reserves of mineral raw materials and ground water, as well as of the geothermal resources, the GSS shall compile the balance of the resources and reserves of mineral raw materials, balance of the resources and reserves of ground water and balance of the geothermal resources in the Republic of Serbia.
The condition of resources and reserves referred to in paragraph 1 of this Article must be aligned with the determined condition of resources and reserves that were recorded in the Ministry decision on reserves and resources of mineral raw materials and ground water, as well as on the geothermal resources, i.e. in the decision of the competent authority of the autonomous province and production capacities realized (achieved) in the previous calendar year.
The balance referred to in paragraph 2 of this Article shall be compiled by 31 July of the current year for the previous year.
10. Procedure for Issuing of Approval for Exploration of Liquid and Gaseous Hydrocarbon
Article 54
The approval for exploration of liquid and gaseous hydrocarbon (oil and gas) and other natural gasses shall be issued to a company, i.e. to another legal person or a sole trader which has been selected on the basis on a public tender procedure.
Article 55
The decision to carry out a public tender procedure for the exploration of liquid and gaseous hydrocarbon (oil and gas) and other natural gases shall be adopted by the Ministry, i.e. by the competent provincial authority if the raw material is found in the territory of the autonomous province, if these authorities should assess that there is a need for determination of such mineral raw materials in an area or on the basis of a proposal by a company, i.e. by another legal person or a sole trader registered for exploration of mineral raw materials.
Article 56
The announcement of the public tender for issuing of approval for geological explorations of mineral raw materials shall be published in the "Official Herald of the Republic of Serbia" and in the official journal of the European Union.
The announcement referred to in paragraph 1 of this Article shall comprise the following:
1) Mineral raw material intended for exploration;
2) Size and name of the exploration area;
3) Program of the entire exploration works according to the type and scope;
4) Deadline for the performance of the intended exploration;
5) Amount of planned financial means for the performance of exploration works, as well as the method of providing thereof;
6) Remediation plan for the exploration area.
Article 57
The following needs to be submitted attached to the offer for issuing of an approval for geological explorations of mineral raw materials:
1) (Deleted)
2) A topographic map of the scale of 1:25,000 or of a smaller scale, with chartered border line of the exploration area, defined by the coordinates of the breakpoints of the closed polygon;
3) Other documentation specified in the public tender.
The Government shall prescribe the criteria, conditions and method of carrying out the public tender procedure for issuing of approvals for exploration of mineral raw materials referred to in Article 54 of this Law.
11. Approval for Determining of Exploitation Area and Quantity of Reserves and/or Resources of Ground Water and Geothermal Resources
Article 58
Determining of an exploitation area and quantity of reserves and/or resources of ground water and geothermal resources shall be performed on the basis of a decision on approval for exploitation area and quantity of reserves and/or resources, as well as on the basis of the certificate on reserves and/or ground water resources and/or petro-geothermal resources referred to in Article 52 of this Law issued by the Ministry, i.e. by the competent authority of the autonomous provinces, upon request of a company and/or another legal person or a sole trader.
Areas and quantity of reserves and resources of ground water and geothermal resources shall be determined on the basis of a study of conditions for exploitation of ground water or hydro geothermal resources, i.e. petro geothermal resources.
The Minister shall prescribe in greater detail the content of study of conditions for exploitation of ground water or hydro geothermal resources, i.e. of petro geothermal resources and conditions for technical control and method of technical control of such study.
The decision whereby the approval is issued for an exploitation area and quantity of reserves and/or resources referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it, and an appeal may be lodged with the Minister against the decision on granting of approval referred to in paragraph 1 of this Article issued by the competent authority of the autonomous province.
The competent authority of the autonomous province shall deliver to the Ministry one copy of the issued decision on exploitation area and quantity of reserves and/or resources referred to in paragraph 1 of this Article, as well as the report on all the issued approvals for the previous calendar year by 31 January of the following year at the latest.
The tasks referred to in paragraph 1 of this Article for the territory of the autonomous province shall be performed as the delegated tasks.
Article 59
The application for approval of an exploitation area and quantity of reserves and/or resources referred to in Article 58 of this Law shall contain the data on: the company, i.e. other legal person or sole trader that is the applicant, and the size of the exploitation area.
The following shall be attached to the application for issuing of the approval referred to in paragraph 1 of this Article:
1) A geodetic plan of the scale of 1:1,000 or a general topographic map of an adequate scale with the chartered border line and coordinates of exploitation area’s breakpoints, as well as with chartered and inscribed numbers of cadastral parcels for which there is ownership right or easement right on the land;
2) (Deleted)
3) The study of conditions of exploitation of ground water or hydro geothermal resources, i.e. petro geothermal resources and the certificate of completed technical control of such study;
4) An act of the competent institution for the conservation of nature on measures and conditions for the use of ground water or geothermal resources, i.e. petro geothermal resources;
5) An act of the Ministry in charge of the sanitary protection of water supply sources that serves to confirm that the applicant produced the relevant study on the sanitary protection zones of the ground water deposit;
6) Proof of right of ownership, i.e. of the easement right on the land on which the facilities for the use of the ground water or geothermal resources are located;
7) Proof of payment of the republic, i.e. of the provincial administrative fee, in cases where the exploitation area is located in the territory of the autonomous province.
The competent authority shall reject the application referred to in Article 58 of this Law by means of a relevant decision, if:
1) The documentation submitted with the application referred to in paragraph 2 of this Article is incomplete;
2) The applicant has outstanding liabilities related to the fee for geological explorations and/or retaining of the exploration area;
3) A liquidation or bankruptcy procedure was initiated against the applicant.
The decision referred to in paragraph 3 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it, and an appeal may be lodged with the Minister against the decision referred to in paragraph 3 of this Article that was issued by the competent authority of the autonomous province.
Article 60
The decision whereby the approval referred to in Article 58 of this Law is issued shall comprise information on:
1) Name of the entity in charge of the use of an exploitation area and the address of its seat;
2) Title of the study, name of the legal person that compiled the study and name of the legal person that performed the technical control of the study;
3) Coordinates and surface area of the exploitation area that cannot exceed the surface area of the exploration area in which the explorations of the ground water or geothermal resources were previously carried out;
4) Cadastral numbers of the parcels included in the exploitation area;
5) Allowed type and quantity of resources and reserves that may be used in compliance with the study on resources and reserves for the relevant category of exploration level for which the approval may be issued;
6) Validity period of the decision on exploitation area of up to five years, which may be extended.
Article 61
The application for extension of the validity period of approval shall be submitted prior to expiry of the period specified in the decision on approval in compliance with Article 60, paragraph 1, item 6) of this Law.
The following shall be submitted attached to the application for extension of the validity period referred to in paragraph 1 of this Article:
1) Certificate of the determined and certified resources and reserves of the ground water or geothermal resources that was issued on the basis of the study of resources and reserves of ground water, in which the conditions for use of ground water or geothermal resources over the following five years’ period was determined;
2) Study of conditions for exploitation of ground water or geothermal resources, only in case that the certificate, i.e. the innovated study of the resources and reserves of the ground water modified the conditions of hydrodynamic regime of the ground water or the quality and quantity of the ground water changed;
3) Proof of payment of the republic, i.e. of the provincial administrative fee, in cases where the exploitation area is located in the territory of the autonomous province.
The extension of approval whereby the exploitation area and quantities of the reserves of the ground water or geothermal resources are determined shall be issued by means of a decision on extension of the approval validity for another period of up to five years.
The decision referred to in paragraph 3 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it, while against the decision referred to in paragraph 3 of this Article issued by the competent authority of the autonomous province an appeal may be lodged with the Minister.
Article 62
The Ministry, i.e. the competent authority of the autonomous province shall revoke the decision whereby the exploitation area and quantity of ground water or geothermal resources are determined if:
1) Use of the exploitation area does not commence;
2) It is determined that sustainable use of the ground water reserves and hydro geothermal resources or the existing uses are in jeopardy;
3) It is determined that the capacity of use exceeds the approved one;
4) The annual report on the condition of reserves of ground water or hydro geothermal, i.e. petro geothermal resources is not submitted;
5) The use of ground water or geothermal resources is not in compliance with the approval for exploitation field, i.e. the prescribed occupational safety and health protection measures, necessary measures for the protection of property, human health and environment are not implemented.
The approval for exploitation area and quantity of ground water or geothermal resources shall cease to be valid:
1) Upon expiry of the validity period of the decision;
2) Upon request by the entity in charge of the exploitation area.
The decision referred to in paragraphs 1 and 2 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it, while an appeal may be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was issued by the competent authority of the autonomous province.
Article 63
Overlapping of exploitation areas of ground water or geothermal resource may be allowed within the same exploitation area determined in compliance with Article 58 of this Law, on the basis of a prior procedure for issuing of approval for determining of the exploitation area, only if there are no mutual harmful effects on the use of ground water, i.e. only if there are geological conditions for unobstructed use of such resources, under condition and in the manner that does not jeopardize the existing use of ground water or geothermal resource, which shall be verified by the study referred to in Article 61, paragraph 2, item 2) of this Law that takes into account the current use of the resource by the entity currently in charge of the exploitation area.
Article 64
Monitoring and control of the use of ground water and petro geothermal resources for water supply purposes or for the purpose of thermal energy supply for a family household of a natural person shall be performed by a local self-government unit.
The application for the use of resources referred to in paragraph 1 of this Article shall comprise the basic information about: the natural person - applicant, type of geological resource, intended use thereof, site and cadastral number of the parcel in which the use of resource is planned to take place.
The following shall be submitted attached to the application referred to in paragraph 2 of this Article:
1) Certified photocopy of the identity card of the natural person;
2) Geodetic plan of the scale of 1:1,000 or a general topographic map of an adequate scale with chartered border line and coordinates of the parcel in which the use of the resource is planned to take place;
3) Proof of ownership right on the land or of the easement right on the land in which the use of the resource is planned to take place;
4) For the purposes of thermal energy supply, the report on estimated petro geothermal resources shall be submitted;
5) For the purposes of water supply, water analysis inclusive of data on biological and physical and chemical characteristics thereof and data on the depth of the collector and water quantity shall be submitted;
6) Proof of payment of administrative fee.
The report on estimated ground water resources and petro geothermal resources referred to in paragraph 3, item 4) of this Article shall be compiled by a legal entity that fulfills the conditions referred to in Article 22 of this Law.
The competent local self-government unit shall maintain the cadastre and records of applications for the use of resources referred to in paragraph 1 of this Article in its territory and permanently keep the reports referred to in paragraph 4 of this Article and to deliver to the Ministry the report on submitted applications and on performed control for the previous calendar year, by 31 January of the following year at the latest.
Personal data in the reports referred to in paragraph 5 of this Article shall contain the first name and surname of the natural person submitting the application.
In case that the local self-government unit should fail to perform the task delegated to it or in case that it should not perform the delegated task in the correct or timely manner, the Ministry, i.e. the competent authority of the autonomous province shall take over the tasks referred to in paragraph 1 of this Article.
The tasks referred to in paragraph 1 of this Article shall be performed as delegated tasks.
V EXPLOITATION OF RESERVES OF MINERAL RAW MATERIALS
1. Conditions and Method of Exploitation
Article 65
The holder of the certificate on reserves and resources may get the decision on approval for exploitation and/or exploitation field in accordance with this Law.
Exploitation of reserves of mineral raw materials may be conducted by foreign legal persons too, under conditions and in the manner prescribed by this Law, and the law regulating the rights of foreign persons in respect of the use of resources of public interest.
Article 66
The construction of buildings, energy facilities, public roads, railways, channels and other traffic lines, as well as other infrastructure facilities in the exploitation field, may be approved upon prior obtaining of consent from the Ministry. In the case when the entity holding the approval builds a facility on his own exploitation field, the consent of the Ministry shall not be required.
Prior to issuing of the location requirements that are issued in compliance with special regulations on construction of facilities referred to in paragraph 1 of this Article, the opinion shall be acquired from the business entity carrying out the exploitation on the proposed direction and position of such facilities in the exploitation field.
The entity in charge of exploitation that carries out the exploitation shall be entitled to compensation of actual damage incurred by the construction of facilities referred to in paragraph 1 of this Article.
Consent from the Ministry shall be acquired based on the special purpose spatial plan.
The Ministry, i.e. the competent authority of the autonomous province shall deliver to the competent authority for spatial planning of the Republic of Serbia and to the local self- government unit in the territory of which the exploitation field is located, one copy of the decision based on which the ore-bearing land for the construction of mining facilities and performance of mining works is determined with the aim of providing data for compiling of planning documents of the Republic of Serbia, i.e. of the local self-government unit.
Engineering-geological and geotechnical explorations can be performed within the exploitation fields of mineral raw materials in cases when it is necessary to build the facilities referred to in paragraph 1 of this Article and remediate the terrain.
Article 67
The exploitation of reserves of mineral raw materials, performance of mining works, compiling of investment and technical documentation for mining works, technical control of mining designs and expert supervision may be carried out by a company, i.e. by another legal entity or a sole trader (hereinafter: the business entity) that is registered with the register of business entities or with another register for the pursuit of such business activity.
The entity in charge of exploitation shall provide expert supervision during exploitation of mineral raw materials and supervision during mining works.
The expert supervision shall include: control in respect of the performance of works as per the design documentation; monitoring of the designed schedule of works; verification of the quality of works and implementation of regulations in the field of mining and technical regulations; control of the implementation of occupational safety and health measures; fire protection measures; environmental protection measures; protection of cultural property and water facilities.
The entity in charge of exploitation may entrust the expert supervision tasks in the construction of mining facilities in compliance with the conditions referred to in paragraph 1 of this Article, as well as of the work performed in individual technological units in the exploitation process, to another company holding the license in compliance with this Law.
Article 67а
For the realization of the projects of construction and reconstruction of line infrastructure facilities of special importance for the Republic of Serbia, for which the public interest in expropriation, administrative transfer and incomplete expropriation of real estate has been determined, in accordance with the relevant planning documents which envisage the construction of such facilities and for which the contractual obligation of the Republic of Serbia has been determined, the investor shall notify the Ministry about the taking of construction materials and, attached to the notification, it shall submit the following:
1) Coordinates of the area from which the material is to be taken, defined within the planning document for the concerned line infrastructure facility;
2) Quantities of materials to be taken;
3) Time of works to be carried out;
4) Method of re-cultivation of degraded area.
The user of the area from where or from which the material for the construction of line infrastructure facilities is provided, which are recognized as projects of special importance for the Republic of Serbia under paragraph 1 of this Article, shall remediate and re-cultivate the area degraded by the mentioned works.
The Ministry shall not issue approvals within the scope of this Law in connection with the notification referred to in paragraph 1 of this Article.
2. Approvals for Exploitation of Mineral Raw Materials
Article 68
Exploitation of the reserves of mineral raw materials and exploitation of non-metallic mineral raw materials for the supply of construction materials (hereinafter: the exploitation) shall be carried out on the basis of a decision whereby the following shall be issued:
1) Approval for exploitation field or approval for exploitation;
2) Approval for construction of mining facilities and/or for mining works;
3) Approval for the use of mining facilities.
The entity holding the approval for an exploitation field and/or exploitation shall be entitled to receive the approval for the construction of mining facilities and/or for the performance of mining works in compliance with this Law, in which case the application for issuing of the approval for an exploitation field may be submitted simultaneously with the application for issuing of the approval for construction of mining facilities and/or for performance of mining works.
The approvals referred to in paragraph 1, items 1) through 3) of this Article shall be issued by the Ministry, while the approval for exploitation of reserves of mineral raw materials, which is to be carried out in the territory of the autonomous province, shall be issued by the competent authority of the autonomous province.
The competent authority of the autonomous province shall deliver one copy of the issued decision to the Ministry on the occasion of issuing thereof.
The competent authority of the autonomous province shall perform the tasks referred to in paragraph 1 of this Article as the delegated tasks.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
Article 69
In case that two or more legal persons, i.e. sole traders should submit applications for issuing of the approval in compliance with the provisions of Article 68, paragraph 1 of this Law for exploitation of the same mineral reserves or resources in the same area, priority in approval granting shall be given to the legal person, i.e. the sole trader, that submitted the complete application first, according to the date of receipt of application by the competent authority.
3. Approval for Exploitation Field
Article 70
The following shall be submitted attached to the application for issuing of an approval for an exploitation field:
1) Proof of payment of the republic administrative fee, i.e. of the provincial administrative fee when the exploitation is carried out in the territory of the autonomous province;
2) Planimetric map of the scale of 1:2,500 or of some other adequate scale with chartered border lines of the exploitation field and with contours of the determined reserves of the mineral raw material, public traffic lines and other facilities located in such a field and with clearly visible borders and designation marks of the cadastral parcels, in writing and in digital format;
3) Photocopy of the certificate on resources and reserves of mineral raw materials issued on the basis of the explorations conducted in accordance with the applicable regulations on the classification of resources and reserves or information on the issued certificate;
4) Certificate of registration and a copy of an adequate act comprising the codes of the business activity for which the applicant is registered, registration number of the company;
5) Feasibility study for the exploitation of the mineral raw materials’ deposit with the specified certificate on resources and reserves on the basis of which the study is made;
6) Act issued by the local self-government unit in charge of urbanism in respect of the alignment of exploitation with the relevant spatial, i.e. urban plans and the possible need to develop a lower-level planning document;
7) Geodetic plan of the scale of 1:1,000 or a general topographic map of an adequate scale with the chartered border line and coordinates of the reduced exploration area, if the applicant intends to keep the reduced approved exploration area from which the exploitation field is excluded.
Prior to compiling of a feasibility study for exploitation, the applicant referred to in paragraph 1 of this Article shall acquire the following:
1) Act prescribing the scope and content of an environmental impact assessment study, issued by the competent authority, or an act specifying that no impact assessment study is required, issued by the same authority;
2) Act on conditions of the competent institute for the protection of cultural heritage;
3) Act on conditions of the Ministry competent for the management of water resources.
The conditions of the competent authorities referred to in paragraph 2, items 1) through 3) of this Article shall make an integral part of the study of exploitation feasibility.
The competent authority shall refuse an application for an exploitation field by means of a decision if:
1) Incomplete documentation referred to in paragraph 1 of this Article was submitted with the application;
2) Feasibility study is not aligned with the secondary legislation governing the content of the feasibility study, other technical regulations or if it contains incorrect data;
3) Area for which the approval for an exploitation field is requested is located in the area of the previously approved exploration or exploitation field or area, as well as the approved retention of the right to the exploration area;
4) Applicant has outstanding debts on the basis of the obligation to pay fees for applied geological explorations of mineral and other geological resources, for the retention of the exploration area, as well as for the use of mineral raw materials;
5) Liquidation or bankruptcy procedure was initiated against the applicant.
In the case referred to in paragraph 4, items 2) through 4) of this Article, the competent authority shall first require from the applicant to correct or supplement the application within 30 days from the notification receipt date.
The decision referred to in paragraph 4 of this Article issued by the Ministry shall be final and administrative dispute may be initiated against it.
An appeal against the decision referred to in paragraph 4 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
The entity in charge of exploitation may submit an application for issuing of an approval for modification of border lines of the approved exploitation field in compliance with the conditions specified in this Article, except in the case of a reduction of the approved exploitation field, when evidence in compliance with the paragraph 1, items 1), 2) and 4) of this Article shall be submitted.
Article 71
An approval for exploitation field shall comprise of:
1) Business name of the entity holding the approval, its registration number and seat;
2) Type of mineral raw material, as defined in the certificate of reserves and resources;
3) Position, surface area and coordinates of breakpoints of the border line of the exploitation field, number of the exploitation field in the cadastre of exploitation fields;
4) Deadline for mandatory completion of preparatory works and acquisition of approval for construction of mining facilities and/or for performance of mining works, which cannot exceed two years;
5) Conditions and obligations in relation to exploitation, in respect of the minimum and maximum spacing, as well as the conditions specified in the decisions issued by other competent authorities;
6) Protective area surrounding the exploitation field required for a potential expansion of the field, according to the coordinates required by the entity in charge of exploitation, and in particular:
(1) For the exploitation fields of the surface area up to 25 ha, the protective area in the width of up to 100 meters from the relevant border line of the exploitation field;
(2) For the exploitation fields of the surface area of 25 ha to 100 ha, the protective area in the width of up to 250 meters from the relevant border line of the exploitation field;
(3) for the exploitation fields of the surface area exceeding 100 ha, the protective area in the width of up to 500 meters from the relevant border line of the exploitation field; or
(4) for strategic mineral resources i.e. mineral raw materials defined in Article 4, paragraph 2 of this Law, the part of the exploration area for which the entity in charge of exploitation has the approval for geological exploration which does not necessarily have to be around the exploitation field, but is in physical contact with the exploitation field, the surface area of which is not larger than the surface area it would receive in accordance with sub-items (1) through (3) of this item, for a period of up to ten years.
Article 72
The Ministry, i.e. the competent provincial authority, shall revoke the approval for exploitation and/or exploitation field in the event of:
1) Failure to acquire an approval for mining works and/or construction of mining facilities within the specified deadline referred to in Article 71, paragraph 1, item 4);
2) Mining works and/or the works on the construction of mining facilities conducted without approval, i.e. if such works do not comply with the approval for the construction of mining facilities and/or performance of mining works;
3) Jeopardizing human lives and health and environment due to exploitation, and if other measures envisaged by this Law and other regulations are not sufficient to prevent that;
4) Jeopardizing cultural property, its protected surrounding area or the area of cultural, historical, construction and archaeological importance due to exploitation;
5) Failure to deliver to the Ministry, i.e. to the competent authority of the autonomous province, the annual operational plan for the following calendar year and the annual business report for the previous calendar year, within the time limit specified in the written notice of the competent authority;
6) Failure to pay the fee for the use of mineral resources;
7) Failure to perform the re-cultivation procedure in compliance with the approved design documentation and annual operational plans;
8) Failure from the part of the company to comply with the conditions specified in the acts of other authorities and institutions in the field of environmental protection, water resources’ management and protection of cultural property;
9) Failure to, timely and in accordance with this Law, deliver to the Ministry, i.e. the competent authority of the autonomous province, a bank guarantee or a promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to exploitation.
In cases referred to in paragraph 1, items 2) through 9) of this Article, the entity in charge of exploitation shall develop a design of permanent suspension of works and to conduct the works as per such design or alternatively to deposit the funds envisaged for the completion of works as per the design of permanent suspension of works.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal may be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province.
Article 73
The approval for exploitation and/or exploitation field shall cease to valid:
1) Upon request by the entity in charge of exploitation on the date of serving of the decision terminating the decision on exploitation and/or exploitation field on the entity holding the approval;
2) Upon permanent suspension of the mining works on exploitation of resources and reserves of mineral raw materials on the date of serving of the decision terminating the decision on exploitation and/or exploitation field on the entity holding the approval.
The decision on termination of approval for exploitation and/or exploitation field in case referred to in paragraph 1 of this Article shall be passed by the Ministry, i.e. the competent authority of the autonomous province, if it is previously determined that the liabilities of the company that conducted the exploitation related to the fee for the use of mineral raw materials are settled and that it was verified in the inspection report that the re-cultivation was completed in accordance with the design documentation.
The decision referred to in paragraph 2 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal against the decision referred to in paragraph 2 of this Article that was passed by the competent authority of the autonomous province shall be lodged with the Minister.
Article 74
The entity in charge of exploitation may additionally perform exploitation of other mineral raw materials and geothermal resources that are not included in the issued approval in the same exploitation field, under conditions and in the manner prescribed by this Law.
4. Approval for Manual Placer Mining of Precious Metals and Other Minerals
Article 75
Manual placer mining of precious metals from alluvial deposits and collecting of other minerals from the earth’s surface may be approved to a natural person. The person holding the approval shall offer the washed quantities of metals to the National Bank of Serbia at market prices, and to submit a report for the washed quantities of precious metals and for the other minerals collected to the Ministry, on the quantities and location where these were washed or collected.
The application may be submitted for one main water stream with its tributaries only or for one location for collecting of other minerals, where the approval for manual washing of precious metals and collecting of other minerals by a natural person shall be issued by the Ministry for a period of one year.
The following shall be submitted attached to the application for issuing of approval for manual washing of precious metals and/or collection of other earth surface minerals:
1) Topographic plan of the area in which washing of precious metals is planned, with chartered parts of the main water stream and tributaries in which the washing of precious metals is planned to take place or a topographic plan of the area for collecting of other minerals with the designation of the name of local self-government unit;
2) Proof of payment of the republic administrative fee;
3) Certified photocopy of a personal identification document.
The approval for manual washing of precious metals and for collecting of other minerals shall comprise of:
1) Data on natural person to whom the washing and/or colleting is being approved;
2) Name of the river or stream with tributaries the deposits of which shall be washed and the name of the local self-government unit in the territory of which the washing and/or collecting is to take place;
3) Validity period of the approval;
4) Obligation to deliver to the Ministry a receipt, i.e. an invoice for the performed service of melting, inclusive of the specified melted mass;
5) Obligation to offer the washed quantities of metal to the National Bank of Serbia within the validity term of the approval;
6) Obligation to, within 30 days from the expiry of the validity period of the approval containing specified locations, deliver to the Ministry a report on the area in which the manual washing was performed and on quantities of metal washed, i.e. on the area in which minerals collecting was performed and on the quantities of minerals collected.
The decision referred to in paragraph 2 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
Article 76
The Ministry shall notify the National Bank of Serbia of each individual approval for precious metals’ washing from alluvial deposits.
If the Ministry should determine that the natural person to whom an approval was issued does not pursue the activity of precious metals’ washing and/or other minerals’ collecting from alluvial deposits and from the earth’s surface, or that the obtained quantities of these metals were not offered to the National Bank of Serbia within the specified deadline, i.e. that the report was not submitted in compliance with Article 75, paragraph 4, item 6) of this Law, it shall revoke the issued approval i.e. it shall not issue a new approval to the same person and it shall notify the National Bank of Serbia thereof.
No fee shall be paid for obtained quantities of washed precious metals from alluvial deposits or for the quantities of collected other minerals from the surface.
The decision referred to in paragraph 2 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
5. Approvals for Exploitation of Non-Metallic Mineral Raw Materials for the Supply of Construction Materials and Mineral Resources for the Supply of Natural Construction Materials
Article 77
Exploitation of non-metallic mineral raw materials for the supply of construction materials and exploitation of mineral resources for the supply of natural construction materials shall be performed on the basis of a decision on approval for exploitation issued by the Ministry, i.e. by the competent authority of the autonomous province if the exploitation is performed in the territory of the autonomous province.
The following shall be submitted attached to the application for approval of exploitation referred to in paragraph 1 of this Article:
1) Proof of payment of republic administrative fee, i.e. of the provincial administrative fee if the exploration is conducted in the territory of the province;
2) Planimetric map of the scale of 1:2,500 or of some other adequate scale with chartered border lines of the exploitation field, public traffic lines and other facilities and contours of the determined resources and reserves of mineral raw material or mineral resources for the supply of natural construction materials that are located in that field and with clearly chartered border lines and designations of the cadastral parcels, in writing and in digital format;
3) Main mining design for exploitation of non-metallic mineral raw materials for the supply of construction materials with report and certificate of technical control of the design, and the specified certificate on reserves on the basis of which it was made, and in case of exploitation of natural construction materials, the technical mining design for exploitation of mineral resources for the supply of natural construction materials with report and certificate of technical control of the design and the specified certificate on resources on the basis of which it was made;
4) Investor’s consent for the design;
5) Photocopy of the certificate on resources and reserves of mineral raw materials that is issued on the basis of completed geological explorations, and in accordance with the applicable regulations on the classification of resources and reserves of mineral raw materials or reports on mineral resources in the case of exploitation of natural construction materials or information on the issued approval;
6) Statement by the local self-government unit in charge of urbanism in respect of the alignment of exploitation with spatial, i.e. urban plans in force and any possible need for compiling of a lower level planning document, except in the case of exploitation of natural construction materials;
7) Act of the authority in charge of environmental protection by means of which consent is granted for the impact assessment study of exploitation on the environmental or the decision specifying that no such impact assessment study is required except in the case of exploitation of natural construction materials;
8) Act of the authority in charge of water management laying down conditions for exploitation except in the case of exploitation of natural construction materials;
9) Act of the body of the relevant institution in charge of cultural heritage protection laying down conditions for performance of exploitation except in the case of exploitation of natural construction materials;
10) Proof of ownership right or of the right to use, lease and/or consent, i.e. easement for the surface area in which construction of mining facilities and performance of mining works are planned and a written statement of the applicant with the list of all cadastral parcels included in the mining works on which the property and legal relations have been resolved for at least ten years according to the schedule defined in the design, i.e. proof of ownership right or the right to use, i.e. on easement for the entire surface area in which the performance of works is planned as per the technical mining design for exploitation of mineral resources for the supply of natural construction materials, except in case of exploitation on a publicly owned forest land, where the proof of the right to use, i.e. of easement shall be delivered prior to the beginning of mining works;
11) (Deleted)
12) First bank guarantee or a promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to exploitation must amount to a minimum of 30% of the amount envisaged in the main mining design for remediation and re-cultivation tasks, and it must be valid for a minimum of three years from the issuing date of the guarantee. Each following bank guarantee or promissory note or corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to exploitation must amount to a minimum of 30% of the value of the remaining amount for completion of remediation and re-cultivation tasks on the land degraded due to exploitation, must be delivered 30 days prior to expiry of the validity period of the existing bank guarantee, promissory note, or corporate guarantee, and must be valid for a minimum of two years. The validity period of the last bank guarantee or promissory note or corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to exploitation must exceed the planned completion of exploitation of mine as per the main mining design by six months. If the exploitation holder loses the right to exploitation in compliance with the conditions laid down in this Law, it shall also lose the bank guarantee or promissory note or corporate guarantee for completion of re-cultivation tasks on the land degraded due to exploitation, except in case that such entity should complete re-cultivation on its own.
The first bank guarantee or promissory note or a corporate guarantee should be issued with "unconditional, irrevocable, payable on first call and without objection" clause, where the bank certificate on completed registration of the promissory note (original or a photocopy certified by a commercial bank) and the original or a certified copy of the specimen signature card and the accompanying letter of authorization to cash the promissory note are to be delivered with the promissory note.
If a liquidation or bankruptcy procedure is initiated against the entity holding the approval for mining works, which has not conducted the remediation and re-cultivation of the degraded land, the remediation costs shall be settled from the liquidation i.e. bankruptcy estate.
Sole traders conducting the exploitation of mineral resources for the supply of natural construction materials shall not be subject to obligations referred to in paragraph 2, item 11) of this Article.
The competent authority shall verify compliance with the conditions specified in the law and secondary legislation and shall not engage in the assessment of the exploitation concept defined in technical documentation submitted with the application referred to in paragraph 1 of this Article.
The competent authority shall refuse the application for approval for exploitation of non- metallic mineral raw materials and exploitation of mineral raw materials for the supply of natural construction materials referred to paragraph 1 of this Article by means of a decision if:
1) The documentation submitted with the application referred to in paragraph1 of this Article is incomplete;
2) The applicant has outstanding liabilities in relation with the fee for the use of mineral resources;
3) The liquidation or bankruptcy procedure was initiated against the applicant.
The entity in charge of exploitation may submit an application for the issuance of approval for modification of border lines in the approved exploitation field in compliance with the conditions specified in this Article, except in case of a reduction when proof in compliance with items 1) and 2) of this Article are to be submitted.
The decision referred to in paragraphs 1 and 7 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal may be lodged with the Minister against the decision referred to in paragraphs 1 and 7 of this Article that was passed by the competent authority of the autonomous province.
Article 78
The approval for exploitation referred to in Article 77 of this Law shall comprise:
1) Information on investor: exact name, registration number and seat;
2) Name of the mining project and integral parts thereof;
3) Type of mineral raw material from the certificate of reserves and resources, i.e. mineral resources from the report on the resources of natural construction materials;
4) Amount of the mineral raw material specified for exploitation according to the main mining design for the exploitation of non-metallic mineral raw materials or the amount of mineral resources for the supply of natural construction materials that cannot exceed 200 m³ on the annual level;
5) Location, surface area, number in the cadastre and exact border lines of the exploitation field;
6) Protective area along the border line of the exploitation field required for potential expansion of the field with defined coordinates upon proposal by the entity in charge of exploitation extending up to 100 m, except in the case of exploitation of mineral resources for the supply of natural construction materials;
7) Obligations related to acquiring of the use permit for the constructed mining facilities;
8) Obligations related to remediation and re-cultivation of the area, hiring of persons with adequate professional qualifications for technical management positions, expert supervision and occupational safety and health, timely reporting to the competent authority and inspection services on the performance of mining works;
9) Validity period of the decision granting approval for the exploitation of non-metallic mineral raw materials for the supply of construction materials, defined in compliance with the proof of ownership right or the right to use, i.e. of the easement on the area in which the mining facilities are located and mining works as per the design are performed;
10) Conditions and obligations related to the exploitation in respect of the minimum and maximum distances, with the aim of providing for the protection of people and facilities, as specified in the technical regulations, as well as in the conditions specified in the decisions of other competent authorities.
Article 79
The entity to which the decision on the approval of exploitation of non-metallic mineral raw materials for the supply of construction materials is issued may submit an application for the extension of the validity period of such decision 30 days prior to expiry of the time limit referred to in Article 78, paragraph 1, item 9) of this Law at the latest.
The following shall be submitted attached to the application for the extension of the approval for exploitation referred to in paragraph 1 of this Article:
1) Proof of payment of the republic administrative fee, i.e. of the provincial administrative fee if the exploration is conducted in the territory of the autonomous province;
2) Supplemental mining design for the exploitation of non-metallic mineral raw materials for the supply of construction materials with the report and certificate of the technical control of the design;
3) Planimetric map of the scale of 1:2,500 or of some other adequate scale with chartered border lines of the exploitation field, public traffic routes and other facilities and contours of determined resources and reserves of mineral raw material located in that field and with clearly chartered border lines and designations of the cadastral parcels, in writing and in digital format;
4) Proof of ownership right or of the right to use, lease and/or of the consent, i.e. easement for the area in which the mining works as per the design are planned or for the area in which the construction of mining facilities is planned until the end of exploitation or for a minimum of five following years, all in accordance with the schedule defined in the design and a written statement of the applicant with a list of all cadastral parcels encompassed by mining works where the property and legal relations have been resolved.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was issued by the competent authority of the autonomous province.
Article 80
The Ministry, i.e., the competent provincial authority shall revoke the approval for exploitation referred to in Article 77 of this Law:
1) If the exploitation should jeopardize human lives and health and environment, and other measures envisaged by this Law and other regulations are not sufficient to prevent that;
2) If the exploitation should jeopardize a cultural property, protected area thereof or an area of cultural and historical, construction and archaeological importance;
3) In case of a failure to deliver the annual operational plan for the following calendar year, annual business report for the previous calendar year and bank guarantee or promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to the exploitation to the Ministry, i.e., to the competent authority of the autonomous province, in a timely manner, in compliance with this Law;
4) In case of a failure to pay the fee for the use of mineral raw materials;
5) In case of a failure to carry out the re-cultivation procedure in compliance with project documentation;
6) In case of a failure to comply with the conditions specified in acts of other authorities and institutions in the field of environmental protection, water management and culture.
Sole traders pursuing exploitation of mineral resources for the supply of natural construction materials shall not be subject to obligations referred to in paragraph 1, item 3) of this Article.
In cases referred to in paragraph 1, items 1) through 6) of this Article, the entity in charge of exploitation of non-metallic mineral raw materials for the supply of construction materials shall develop a design for permanent suspension of works and to complete the works as per that design or alternatively to deposit the funds envisaged in the design for permanent suspension of works.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province.
Article 81
The approval for exploitation referred to in Article 77, paragraph 1 of this Law shall cease to be valid:
1) Upon request by the entity in charge of exploitation;
2) Upon permanent suspension of exploitation;
3) Upon expiry of the validity period of the decision granting approval for the exploitation of non-metallic raw materials for the supply of construction materials.
The Ministry, i.e., the competent authority of the autonomous province shall pass the decision on cessation of validity of approval for exploitation referred to in paragraph 1 of this Article, if it should be previously determined in the inspection report that re-cultivation was performed in compliance with the approved design documentation.
The decision on cessation of validity of the approval in the case referred to in paragraph 1 of this Article shall be passed by the Ministry, i.e., by the competent authority of the autonomous province.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province.
Article 82
Non-metallic mineral raw materials for the supply of construction materials and non-metallic mineral resources for the supply of natural construction materials may be included in the market transactions only if these were excavated in an exploitation field that was approved in compliance with the provisions of this Law.
A guarantee of origin of a mineral raw material, i.e., of the resource referred to in paragraph 1 of this Article shall be issued by the Ministry, i.e. by the competent authority of the autonomous province, by means of a certificate issued upon request of the entity in charge of exploitation.
The following information shall be submitted with an application for issuing of the certificate of guarantee of origin: information about the entity in charge of exploitation, type, quantity and planned use of the mineral raw material that is to be brought to the market.
The certificate of guarantee of origin shall specifically contain the following:
1) Business name, seat and registration number and tax identification number of the entity in charge of exploitation;
2) Name and location of the exploitation field in which the raw material was excavated;
3) Information on the type and potential for use of the mineral raw material or resource specified in the certificate on resources and reserves, i.e. in the report on mineral resources, for the construction materials that are brought to the market.
The entity in charge of exploitation shall issue to the buyer of the mineral raw material a photocopy of the certificate of guarantee of origin certified by the entity in charge of exploitation and the certificate of quantity of the mineral raw material sold, i.e. of the mineral resource that is brought to the market as construction material.
The certificate of guarantee of origin shall cease to be valid after it has been used, i.e. upon completed market transaction of the mineral raw material for which it was issued.
The certificate of guarantee of origin shall be transferrable.
VI INVESTMENT AND TECHNICAL DOCUMENTATION FOR PERFORMANCE OF MINING WORKS
1. Types of Investment and Technical Documentation
Article 83
Exploitation of reserves and resources of mineral raw materials shall be carried out in compliance with the investment and technical documentation for the construction of mining facilities and/or for performance of mining works, for exploitation of non-metallic mineral raw materials for the supply of construction materials and for the exploitation of mineral resources for the supply of natural construction materials.
The documentation referred to in paragraph 1 of this Article shall be compiled on the basis of the results of explorations, i.e. the study of resources and reserves, classified in compliance with the regulations on classification of resources and reserves, report on mineral resources in case of exploitation of natural construction materials and other documentation by means of which the technical, technological and economic conditions for performance of works, conditions for occupational safety and health, fire protection, environmental protection, protection of cultural property and resources under preliminary protection, water protection and other of conditions impacting the assessment of technical-technological and economic feasibility of exploitation and performance of mining works are developed and analyzed.
Article 84
The investment and technical documentation within the meaning of this Law shall be considered to comprise:
1) Pre-feasibility study;
2) Feasibility study for the exploitation of mineral raw material deposit;
3) Long-term exploitation program;
4) Mining designs;
5) Annual operational plan.
The following shall be considered to comprise the mining design referred to in paragraph 1, item 4) of this Article:
1) The main mining design;
2) The supplemental mining design;
3) The technical mining design;
4) The technical mining design for the exploitation of mineral resources for the supply of natural construction materials;
5) The mining design in explorations of solid mineral raw materials;
6) Simplified mining design.
Article 85
The investment and technical documentation must be aligned with the following:
1) Provisions of this Law and regulations adopted on the basis of this Law, provisions of technical regulations, regulations on occupational safety and health, as well as with other regulations applied in the field of exploitation of mineral raw materials;
2) Regulations on environmental protection, conditions from the act for spatial planning in compliance with the urban plan, water approval, regulations on protection of cultural property, etc.;
3) Provisions of the regulations in the field of fire protection defining the content of technical documentation.
Article 86
The pre-feasibility study shall be a document compiled during the geological exploration for the needs of the company, with the aim of assessing the feasibility of a continued geological exploration.
By means of a pre-feasibility study for the exploitation of a mineral raw material deposit, indicative and measured resources are translated into probable and proven mineral raw material reserves based on the alternative solutions for exploitation and processing of mineral raw materials, ecology, market and economic assessment, and the decision on feasibility of investments in additional exploration works and in compiling of a feasibility study is made.
Article 87
The feasibility study of exploitation of mineral raw material deposit shall contain a presentation of conditions and conceptual design of exploitation method, preparation of mineral raw materials, placement of mineral raw materials, lifetime and annual capacity, environmental impact analysis with environmental protection and remediation measures, re-cultivation measures, impact of mining activities on the social community, technical and economic assessment with cash flow and required funding and the number of hired and employed persons.
Article 88
A long-term exploitation program for a minimum period of ten years shall mandatorily be developed for an exploitation field for which a Government act is adopted, i.e. for exploitation of resources and reserves of mineral raw materials that are of importance for the Republic of Serbia.
The long-term program referred to in paragraph 1 of this Article shall represent the expert basis for the development of a special purpose spatial plan.
Article 89
Mining works shall be carried out as per the main mining design, supplemental mining design, technical mining design, simplified mining design, technical mining design for exploitation of mineral resources for the supply of natural construction materials and mining design for performance of mining works during geological explorations of solid mineral raw materials.
Article 90
The main mining design shall be developed in accordance with the feasibility study for exploitation in cases where compiling of such study is envisaged by the provisions of this Law for: the performance of mining works in underground and open pit mines; construction of stationary mining facilities; construction of new collection stations in exploitation of oil and gas; construction of plants for preparation of mineral raw materials; re-commissioning of inactive mines; establishing of the as-built condition of the mining facilities and of the resumed exploitation in an exploitation field; permanent suspension of works and closing down of a mine; as well as for storage of hydrocarbons in liquid and gaseous state where the storage facilities are located in an exploitation field and for storage of other substances in underground mining facilities.
The main mining design shall be a construction design that shall specifically include the main concept, the technical designs based on which the mining works are conducted, mining facilities, mining infrastructure, technical and technological units are constructed, and it shall also include the technical and economic assessment of the design.
The main mining design shall be developed on the basis of the reserves of mineral raw materials in the area included in the designed mining works.
Article 91
The supplemental mining design shall be developed for any deviations from the main mining design in cases of modifications of mine capacity, for exploitation of new ore bodies, oil and gas deposits, as well as for the capture of new reserves of the existing deposits in active mines, for modifications of the border lines of the exploitation field for the exploitation of non-metallic mineral raw materials for the supply of construction materials, in upgrading of the applied or during introduction of new exploitation methods in exploitation of mineral raw materials, in introduction of new methods for preparation of mineral raw materials, in conservation of mines and temporary suspension of mining works, as well as to establish the as-built condition of mining facilities and to resume exploitation in exploitation fields, as well as to extend the validity period of the decision on exploitation of non-metallic mineral raw materials for the supply of construction materials and for the extension of validity period of the decisions for performance of mining works.
The supplemental mining design shall be a construction design that shall specifically comprise of the following: the main concept, technical designs based on which the mining infrastructure is improved, technical and technological units and stationary mining facilities and technical and economic assessment of the design.
Article 92
The technical mining designs shall be developed in accordance with the main and supplemental mining designs for technological operations of mining works: drilling and blasting, excavation, transportation and storage of useful mineral raw material; excavation, transportation and dumping of waste rock materials; transportation and dumping of flotation tailings; protection of mining facilities from inflow of surface and ground water; in reconstruction or upgrading of mining facilities and mine infrastructure and stationary mining facilities, establishing of measures, conditions as well as in carrying out of technical re-cultivation works and in compliance with these, provides the biological re-cultivation procedure for the land in which exploitation is conducted.
The technical mining designs shall be developed for the remediation and re-cultivation of the abandoned mining facilities.
The technical mining designs for reconstruction or upgrading of mining facilities and mine infrastructure and stationary mining facilities shall be developed for the facilities for which the permit for use exists.
The technical mining designs developed for performance of mining works shall define detailed schedule for works for the relevant exploitation period.
The technical mining design for exploitation of mineral resources for the supply of natural construction materials shall be developed for the performance of mining works with traditional manual tools, without the use of exploitation machines, explosives or explosive devices, on the basis of the report on mineral resources for the supply of natural construction materials, and it shall additionally contain the technical solution for re-cultivation of the area covered by such exploitation.
Article 93
The mining design for exploration of solid mineral raw materials shall be a design based on which mining works are carried out within an approved design for geological explorations in an exploration area or exploitation field (outside the area included in the main or supplemental mining design), with the aim to provide samples for laboratory and technological on-site or industrial scale testing and to conduct mining works during deposit exploration.
The mining design for exploration of mineral raw materials shall be a construction design that shall specifically include the following: the main concept with schedule for performance of mining works, technical solutions according to which the mining works are to be conducted, bill of quantities and estimated cost of works, occupational safety and health measures, as well as the measures for remediation and re-cultivation of the area in which the mining works are conducted in case of a suspension of exploration. In case of performance of exploratory underground mining works on the basis of this design, it shall be necessary to envisage the maintenance measures for underground areas, facilities and installations upon completion of exploration works.
Article 94
The simplified mining design shall be developed for:
1) Any smaller deviations from the adopted technical solutions presented in the technical design that is an integral part of the main or supplemental mining design, where the mining works may be conducted in compliance with the simplified mining design over a period of up to one year;
2) Drilling of individual wells for exploration and exploitation of oil and natural gas, works therein, as well as for above ground facilities and devices for exploitation, preparation and transportation of oil and gas to the collecting station;
3) Transportation and relocation of basic exploitation equipment in an exploitation field;
4) Current investment maintenance of stationary mining facilities;
5) Construction of facilities for prevention and removal of consequences of accidents in the period of no longer than one year;
6) Conducting preparatory works in the approved exploitation field.
Article 95
The entity in charge of exploitation shall develop an annual operational plan, as well as the annual business report for the previous calendar year in the language in official use in the Republic of Serbia.
The annual operational plan referred to in paragraph 1 of this Article shall be delivered to the authority that issued the approval for exploitation by 31 January for the current calendar year at the latest.
The entity in charge of exploitation shall compile the annual business report referred to in paragraph 1 of this Article by 28 February of the current year at the latest and shall delivered to the competent authority that issued the approval for exploitation by 31 March of the current year at the latest.
The reports referred to in paragraph 1 of this Article shall be submitted in a prescribed form.
The Minister shall prescribe the content, shape and method of delivery for the annual operational plan and annual business report referred to in paragraph 1 of this Article.
Article 96
The principal design engineer and responsible design engineers who developed the mining design shall draft a written statement to confirm that the design complies with the conditions referred to in Article 85 of this Law.
The written statement referred to in paragraph 1 of this Article shall be an integral part of the mining design.
The company performing the tasks of development of technical documentation, the principal design engineer and the responsible design engineers shall be responsible for all the solutions and for the quality of the design.
The Minister shall prescribe the content of the investment and technical documentation referred to in Article 84 of this Law in greater detail, in compliance with the modern scientific achievements and rules of the mining profession.
Article 97
The technical control shall be performed for the mining designs referred to in Article 84, paragraph 2, items 1) through 5) of this Law.
The technical control shall include the control of the design in respect of its alignment with the law and other regulations in the field of mining, implementation of modern achievements and methods of the mining profession and science, as well as the control in respect of its alignment with the applicable regulations on occupational health and safety, safety of people, facilities and environmental protection, and protection of cultural property and resources under preliminary protection, as well as alignment with the conditions issued in compliance with specific regulations in the field of environmental protection, water management and cultural monuments.
A report on the performed technical control shall be drawn up and signed by the chief and responsible auditors, and a certificate on the performed technical control shall be issued, signed by the responsible person of the company that performed the technical control.
The report must contain general information on the company that developed the design and the company that performed the technical control, the stated chief and responsible auditors, the decision on the appointment of the chief and responsible performers of technical control with the statement of the responsible person of the company which performed the technical control that they meet the requirements prescribed by the provisions of Article 123 of this Law, a brief overview of the design, terms of reference, specified previously approved documentation in accordance with which the concerned design is prepared if prescribed by law, description of methods and calculations used in the design, as well as statement in connection with Article 85 of this Law.
The certificate must contain the name of the design, the business name of the company issuing the certificate, the date of the development of the design and a statement on whether the design meets all the prescribed conditions, with the date of issuance of the certificate and the signature of the responsible person of the company performing the technical control.
The report and certificate must be filed by the company that performs the technical control and the company that owns the design documentation.
Article 98
The business entity that performed the technical control shall issue a report and a certificate on technical control of the mining design. The technical control must be verified by means of certifying of each design copy by the business entity that performed the technical control.
The business entity that performed the technical control shall be responsible for the quality of technical control of the mining designs.
Article 99
The following persons cannot perform i.e. participate in the technical control of mining designs:
1) Business entity that developed such design and the entity in charge of exploitation;
2) Person employed with the business entity and with the entity in charge of exploitation that developed the mining design or participated in developing of such design;
3) Person employed with the Ministry, or with the competent authority of the autonomous province.
Article 100
Mining designs developed abroad shall be subject to technical control in compliance with this Law.
The technical control referred to in paragraph 1 of this Article shall include control in respect of the implementation of measures and norms of occupational safety and health, environmental protection, protection from fire and explosions, safety of facilities and people and underground, surface and adjoining facilities, as well as the control in respect of the implementation of modern achievements and methods of the mining science and engineering.
The technical control of the mining designs developed abroad shall be performed to verify the implementation of the regulations, measures and conditions that are matched to the regulations of the Republic of Serbia, for performance of mining works that represent the subject matter of the mining design and the alignment of the measures and measuring units and other indicators applied in the development of mining designs.
4. Approval for Construction of Mining Facilities and/or Performance of Mining Works
Article 101
Construction of mining facilities and performance of mining works shall be carried out as per the main and supplemental mining design and shall be carried out on the basis of the decision on approval for the construction of mining facilities and/or performance of mining works issued by the Ministry, i.e. by the competent authority of the autonomous province, upon request of the entity holding the approval for exploitation and/or for exploitation field.
If upon expiry of the deadline for removal of deficiencies identified by the mining inspector the mining works still fail to comply with the approved design documentation, where the deadline for removal of deficiencies cannot exceed 180 days, provisions of Article 72 of this Law shall apply.
The approval for construction of mining facilities and/or for performance of mining works referred to in paragraph 1 of this Article shall cease to be valid:
1) Upon request by the entity holding the approval and upon submission of application for permanent suspension of works on the date of serving of the decision on cessation of validity of the decision on the entity holding the approval;
2) Upon expiry of the validity period of the decision whereby the construction of mining facilities and/or performance of mining works are approved.
The Ministry, i.e. the competent authority of the autonomous province shall adopt the decision on cessation of validity of the approval referred to in paragraph 3 of this Article, if it should previously be determined in the inspection report that the re-cultivation was performed in compliance with the approved design documentation.
The decision referred to in paragraphs 1 and 4 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraphs 1 and 4 of this Article that was passed by the competent authority of the autonomous province.
The Ministry, i.e. the competent provincial authority shall revoke the approval referred to in paragraph 1 of this Law in the event of:
1) Any threat from the exploitation to the life and health of people and the environment, and if other measures envisaged by this Law and other regulations are not sufficient to prevent that;
2) Any threat from the exploitation to cultural property, its protected surrounding area or the area of cultural, historical, architectural and archaeological importance;
3) A failure to perform the re-cultivation procedure in compliance with the design documentation;
4) A failure to comply with the conditions specified in the acts of other authorities and institutions in the field of environmental protection, water resources’ management and culture;
5) A failure to pay the fee for the use of mineral raw materials;
6) A failure to acquire proof of the right to use, lease, owner’s consent, i.e. easement on the land, in the area where it performs mining works, except in the case of underground exploitation due to which, according to the applied exploitation technology, there is no impact on the surface of the land;
7) A failure to, timely and in accordance with this Law, deliver to the Ministry, i.e. the competent authority of the autonomous province, a bank guarantee or a promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to exploitation.
In the case referred to in paragraph 7, items 1) through 4) of this Article, the competent authority shall act after notifying the competent inspector, while based on items 5) through 7) of this Article the competent authority shall previously request that the entity holding the approval eliminate the identified irregularity within the period determined by the competent authority.
Article 102
The approval for construction of mining facilities and/or for performance of mining works referred to in Article 101 of this Law shall include the following:
1) Information on the investor: exact name, registration number and seat;
2) Type and kind of the mining design, name and integral parts of the design;
3) Deposit name and type of mineral raw material, exploitation field number, annual production capacity and name of the local self-government unit in the territory of which the mining works are to be performed;
4) Obligations in respect of the use permit acquiring for the constructed mining facilities;
5) Obligations in respect of area remediation and re-cultivation, hiring of persons holding adequate professional qualifications for technical management jobs, expert supervision and occupational safety and health, timely reporting to the competent authority and inspection services on performance of mining works;
6) Type and validity period of the delivered collateral instrument referred to in Article 103, paragraph 1, item 11) of this Law;
7) Conditions and obligations related to exploitation in respect of the minimum and maximum distances with the aim of protecting people and facilities, as specified in technical regulations, conditions laid down in the decisions issued by the competent institutes for the protection of cultural monuments, as well as in the conditions laid down in the decisions issued by other competent authorities.
Article 103
The following shall be submitted with the application for approval to construct mining facilities and/or to perform mining works referred to in Article 101 of this Law:
1) Proof of payment of the republic administrative fee, i.e. of the provincial administrative fee in cases where the exploitation is performed in the territory of the autonomous province;
2) Mining design certified by the entity holding the approval for the exploitation field and technical control with the specified certificate on reserves and resources on the basis of which it was made;
3) Consent for the design granted by the entity in charge of exploitation and/or entity holding the approval for exploitation field;
4) Statement made by the authority of the local self-government unit in charge of urbanism in respect of the alignment of exploitation with the urban and planning documentation and in respect of any need for drafting of a lower-level planning document;
5) Proof of ownership right, i.e. a specific act passed by the Government on establishing of the public interest for a period of at least five years in the case of exploitation of mineral raw materials’ reserves which are of strategic importance for the Republic of Serbia, for the surface areas in which the construction of mining facilities and performance of mining works are planned to take place, except in the case of oil and natural gas when proof of the right to use, lease and/or consent, i.e. easement right for a period of at least one year is submitted, as well as a written statement of the applicant with a list of all cadastral parcels covered by mining works for which property-legal relations have been resolved or are covered by the Government’s act on establishing of the public interest. For the surface areas where the public interest has been declared or the property-legal relations have not been resolved, the investor’s statement that he will resolve the property-legal relations until the application for the execution of works on the concerned design is submitted. The reporting for the initiation of works to the competent inspector who controls the submitted documentation can be made only for the part of the works in the area for which the investor submits proof of resolved property-legal relations. When the approval is issued for mineral raw materials determined by Article 3, item 13) of this Law, proof shall be submitted in accordance with Article 77, paragraph 2, item 10) or Article 79, paragraph 2, item 4);
6) A photocopy of the certificate on resources and reserves of mineral raw materials or information on the issued certificate;
7) Act passed by the authority in charge of environmental protection issuing consent for the environmental impact assessment study;
8) Consent of the competent institution for the protection of cultural monuments;
9) The water-works consent passed by the Ministry in charge of the management of water resources;
10) Consent for the technical documentation in respect of the fire protection measures issued by the authority competent for fire protection in compliance with special regulations;
11) A promissory note or proof of bank guarantee or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to the exploitation, for the benefit of the Republic of Serbia, issued as collateral for timely compliance with remediation and re-cultivation obligations on the land degraded due to exploitation, laid down by this Law.
The first bank guarantee or promissory note or corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to the exploitation must amount to a minimum of 30% of the amount envisaged in the main mining design for remediation and re-cultivation tasks, and it must be valid for a minimum of three following years from the guarantee issuing date.
Each following bank guarantee or promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to the exploitation must amount to a minimum of 30% of the remaining balance for remediation and re-cultivation of land degraded due to the exploitation, must be delivered 30 days prior to expiry of the validity period of the existing bank guarantee or promissory note, or corporate guarantee, and it must be valid for two years at a minimum.
The validity period of the final bank guarantee or promissory note or a corporate guarantee for completion of remediation and re-cultivation tasks on the land degraded due to the exploitation must exceed the planned completion of mine exploitation as per the main design by six months.
The first bank guarantee or promissory note or a corporate guarantee should be issued with "unconditional, irrevocable and payable on first call and without objection" clause, where a bank certificate on completed registration of the promissory note (original or a photocopy certified by the commercial bank) and the original or a certified copy of the specimen signature card and accompanying letter of authorization to cash the promissory note must be delivered with the promissory note.
If the right to exploitation of an entity in charge of exploitation is lost in compliance with the conditions laid down in this Law, the bank guarantee or promissory note or a corporate guarantee for completion of re-cultivation tasks on the land degraded due to the exploitation shall not be returned to such entity either, except in case that such entity should complete the re-cultivation on its own.
If a bankruptcy or liquidation procedure is initiated against the entity holding the approval for mining works, and this entity has not conducted the remediation and re-cultivation of the degraded land, the remediation costs shall be settled from the liquidation or bankruptcy estate.
The competent authority shall verify only the compliance with the conditions prescribed by the law and shall not engage in any assessment of the technical documentation submitted with the application referred to in paragraph 1 of this Article.
If some other conditions are additionally prescribed for the works referred to in paragraph 1 of this Article by a separate law, proof of compliance with such conditions shall also be submitted with the application.
The competent authority shall refuse the application referred to in paragraph 1 of this Article by means of a relevant decision in the following cases:
1) Failure to deliver complete documentation referred to in paragraph 1 of this Article with the application;
2) The applicant has outstanding liabilities for fees for applied geological explorations of mineral and other geological resources, for retention of the exploration area as well as for the use of mineral raw materials and geothermal resources;
3) A liquidation or bankruptcy procedure was initiated against the applicant.
The decision referred to in paragraph 10 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 10 of this Article that was passed by the competent authority of the autonomous province.
The Minister shall prescribe in more detail the content of the document reporting the initiation of works referred to in paragraph 1, item 5) of this Article.
Article 104
Mining works in accordance with the mining design referred to in Article 84, paragraph 2, item 5) of this Law shall be conducted on the basis of the approval issued by the Ministry, i.e. by the competent provincial authority, upon request by the entity in charge of exploration, i.e., entity in charge of exploitation.
The following shall be delivered with the application for approval:
1) Proof of payment of the republic administrative fee, i.e. of the provincial administrative fee in cases where the exploitation is conducted in the territory of the autonomous province;
2) (Deleted)
3) Mining design for exploration of solid mineral raw materials aligned with the design for geological exploration, certified by the technical control with the stated approval for exploration, i.e. approval for exploitation and/or exploitation field;
4) Consent granted by the entity in charge of the exploitation and/or exploration for the design;
5) Consent granted by the owner, i.e., by the user, or alternatively proof of ownership right or of the right to use, lease and/or consent, i.e. easement right on the land specified for the mining works on exploration of mineral raw material for the surface areas of the terrain included in the design.
If some other conditions are additionally prescribed for the works referred to in paragraph 1 of this Article by a separate law, proof of compliance with such conditions shall be submitted with the application.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province.
Article 105
Preparatory and mining works as per the technical mining designs and simplified mining design may be undertaken on the basis of the application that is to be submitted to the Ministry, i.e. to the competent provincial authority, prior to the beginning of such works.
A copy of the technical mining design and of the simplified mining design shall be submitted attached to the application referred to in paragraph 1 of this Article, provided that along with a copy of the simplified mining design for drilling of individual wells for oil, natural gas and above ground plants and devices for exploitation, preparation and transportation of oil and natural gas to the collecting station as well as the design for preparatory works, an inventory of cadastral parcels with attached consents granted by the owners, i.e. of the users or alternatively proof of ownership right, of the right to use, right of lease, i.e. of the easement right on the land covered by the works as per the simplified design shall be submitted as well.
Article 106
The entity in charge of exploitation and the entity in charge of exploration shall notify the mining inspector and the competent authority of the local self-government unit and the competent institution for the protection of cultural monuments in the territory of which the mining works are to be conducted of the beginning of works, 15 days prior to the beginning of such works at the latest.
5. Approval for Use of Mining Facilities
Article 107
A mining facility constructed as per the main and supplementary mining design may be used upon obtaining of the approval for use of the mining facility (hereinafter: the use permit), which shall be issued by means of a decision of the competent authority referred to in Article 101, paragraph 1 of this Law, upon request of the entity in charge of exploitation.
The use permit may additionally be issued for a mining facility that represents a technical and technological unit and that can, as such, be used independently.
The approval for the use of mining facilities for oil and natural gas exploitation shall contain a list of mining facilities built according to the mining design with the listed cadastral parcels on which the mining facilities were constructed/were planned to be constructed and the technical characteristics of those facilities, for which registration is to be made in the real estate cadastre, i.e. utility lines cadastre.
If a separate law prescribes the obligation to acquire prior consent or permit from other authorities or organizations for issuing of an approval for the use of a mining facility, such consent, i.e. permit, shall be submitted with the application referred to in paragraph 1 of this Article.
The decision referred to in paragraph 1 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 1 of this Article that was passed by the competent authority of the autonomous province.
Article 108
The mining facilities reconstructed as per the mining design may be used upon regaining of the approval for the use of the mining facility in compliance with the provisions of Article 107 of this Law.
Article 109
The use permit shall be issued providing that the following is determined:
1) That the mining facility or a part thereof is constructed in compliance with the mining design based on which the approval for the construction of mining facilities and/or performance of mining works is issued, in compliance with the regulations whose application is mandatory in construction of mining facilities;
2) That the prescribed conditions are met in respect of the measures of occupational safety and health, water protection, fire protection, environmental protection and other conditions prescribed for the construction and use of such type of facilities;
3) That the consents are obtained from other authorities in compliance with specific regulations, on the basis of the conditions issued in the procedure for acquiring approvals for exploitation;
4) That it is determined by means of the decision of the competent authority for fire protection, that the facility is suitable for use in respect of the implemented fire protection measures envisaged in the technical documentation in compliance with a separate regulation.
Article 110
Compliance with conditions referred to in Article 109 of this Law shall be determined by means of technical inspection of facilities.
Technical inspection of a mining facility shall include, in accordance with the purpose of a mining facility, the technical inspection of mining, machine and construction works, electrical power plants (equipment and installations), fire protection installations and environmental protection plants, water protection plants, as well as the technical inspection of the mining equipment and plants.
The Minister shall, in greater detail, prescribe the conditions and method of technical inspection.
Article 111
The Ministry, i.e. the competent provincial authority, shall entrust the technical inspection of a mining facility to a business entity that employs persons holding the relevant license.
The business entities and persons that developed, i.e., that participated in the development of the mining design for such facility and business entities that performed the technical control of such design, as well as the persons employed with the Ministry, i.e. with the authority of the autonomous province may not perform i.e. participate in a technical inspection of the mining facility. The costs of the technical inspection shall be borne by the entity in charge of exploitation.
Article 112
If, for the purpose of establishing suitability for use of a mining facility that was built as per the design documentation for which the approval for mining works and/or for the construction of mining facilities issued by the Ministry, i.e. by the competent authority of the autonomous province was obtained, a prior check of installations, devices and plants, stability or safety of the facility must be performed, as well as other tests, or where this is envisaged in the mining design, a test run of the facility may be approved.
The decision on the approval for the test run of a facility shall be issued by the competent authority that issued the approval for exploitation and/or for the exploitation field.
The beginning and the duration of the test run shall be specified in the approval referred to in paragraph 2 of this Article, which cannot exceed six months.
Prior to the test run of a facility, the entity in charge of exploitation and/or the entity in charge of the exploitation field shall notify the competent mining inspector of the beginning of the test run and establish an expert commission to monitor the result of such test run.
Upon completion of the test run, the entity in charge of exploitation and/or in the entity holding the approval for the exploitation field shall apply for a technical inspection of the facility and to present for inspection the documentation on the results of the test run.
The decision referred to in paragraph 2 of this Article issued by the Ministry shall be final and an administrative dispute may be initiated against it.
An appeal shall be lodged with the Minister against the decision referred to in paragraph 2 of this Article that was passed by the competent authority of the autonomous province.
6. Mining Measurements and Mining Plans
Article 113
A business entity shall organize the tasks of mining measurements and to, based on the completed measurements, produce plans, i.e. maps from which the condition of mining works can be established, their respective position and the position of mining works in relation to the previously conducted mining works, in relation to the facilities and water bodies on the surface and the environment.
As a part of the tasks of mining measurements, the business entity shall develop adequate graphic documentation containing data on the changes in terrain surface and on the condition of mining facilities in the exploitation field.
Article 114
The planimetric map of the exploitation field and all the mining measurements and graphic representations of the mining works must be linked with the stations of the national triangulation network.
The business entity shall maintain the measurement books on all the completed mining measurements.
The measurement books must be certified in the manner prescribed in the regulations governing certifying of business books.
Article 115
The Minister shall prescribe in greater detail the performance of mining measurements, method of keeping the original copies of plans and maps, drafting of mining plans and the scales thereof referred to in Article 113 of this Law, as well as of maintenance of measurement books with an internal inventory of immovable property of the mine referred to in Article 114 of this Law.
7. Mining Measurements in Underground and Surface Exploitation
Article 116
The business entity shall provide for the following during the course of the mining works:
1) The planimetric plan - map of the exploitation field of an adequate standard scale, prior to the beginning of works in the exploitation field and at the end of each calendar year, as well as when necessary at the end of individual phases defined in design documentation. The planimetric map produced at the end of the year shall represent a part of the documentation comprising the annual business reports;
2) The geological map of the exploitation field and its surrounding area in the adequate standard scale with characteristic geological profiles;
3) The hydrological and tectonic plans, as well as the plans with chartered locations for the release of water of the prescribed quality into recipients for mining facilities with high inflow of water and complex tectonics;
4) Updated planimetric plan for the mining works in the open pits, i.e. the plan of mining works in underground exploitation and excavation of mineral raw material, mining facilities in the exploitation field, dumping sites, tailing ponds, condition of the depot for useful mineral raw material or depot for commercial products, transport communications and other facilities;
5) For the mines with underground exploitation:
(1) Land subsidence monitoring plan;
(2) Excavations plans and level plans for all underground mining works;
(3) Ventilation plans for the underground mining facilities and pits;
(4) Defense and rescue plans from sudden dangers for human lives and health and for safety of facilities;
6) Energy grid plans (electric grid, compressed air, etc.) and water supply network.
Article 117
The business entity shall immediately provide the copies of the plans referred to in Article 116 of this Law to the mining inspector for inspection.
The plans referred to in Article 116, items 4) and 5) of this Law must be supplemented each month in accordance with the progress achieved in the mining works, and the plans and the map referred in Article 116, items 1), 2), 3) and 6) of this Law must be supplemented when modifications arise.
If the underground works are carried out in proximity of the previously executed works or abandoned parts of pits, plans shall be supplemented when necessary and more frequently.
All the details from the previous mining plans, such as the previous mine shafts, previously completed works and faults, altitudes and other details must be entered in the new mining plans.
8. Mining Measurements in Exploitation of Liquid and Gaseous Mineral Raw Materials
Article 118
The business entity that performs the exploitation of oil and natural gas, other natural gases, as well as the geothermal resources must provide for the following:
1) A planimetric plan of the exploitation field in which all the exploration and exploitation drill holes and other devices are chartered;
2) A geological map of the exploitation field and its surrounding area, with characteristic geological profiles;
3) A technological flow sheet of the exploitation and diagram of mining facilities in the oil-gas field;
4) A structural map with chartered border lines of the deposit contours;
5) Data and reports on drilling, core samples’ measuring, piping, perforation, achieving and measuring of dynamic and static pressures, on the quantities of fluids’ output, gas factor and all the other physical and chemical analyses of collectors and fluids.
The business entity shall provide the copies of the plans referred to in paragraph 1 of this Article to the mining inspector for inspection, without delay.
9. Professional Qualifications for Individual Jobs in Exploitation
Article 119
Technical management and expert supervision, development and technical control of the mining designs, control and supervision of occupational safety and health, control and supervision of environmental protection, performance of independent mining measurements and drafting of mining plans, management and supervision of mining waste, independent handling of explosive devices and other expert jobs related to exploitation of mineral raw materials may be performed by persons who, in terms of educational degree and type and professional experience, comply with the prescribed conditions and hold authorizations to carry out such tasks.
Article 120
The technical management jobs may be performed by a person holding the university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. the degree in basic university studies in the duration of at least five years, of the relevant educational profile and module within the educational-scientific field of: engineering and technology in mining, with five years of professional experience in relevant jobs, an authorization to carry out such jobs and a relevant license.
Article 121
The expert supervision jobs in construction and reconstruction of mining facilities as per a mining design may be performed by a person holding the university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module within the educational and scientific field of: engineering and technology in mining, with five years of professional experience in relevant jobs, an authorization to perform such jobs and a relevant license.
The jobs of expert supervision in construction and reconstruction of mining facilities as per individual parts of the mining design may be performed by persons holding the university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module, with five years of professional experience in relevant jobs, an authorization to perform such jobs and a relevant license.
The expert supervision jobs in fire protection during construction, extension and reconstruction of mining facilities may be performed by the persons complying with conditions prescribed by specific regulations for expert supervision in the field of fire protection.
The expert supervision jobs of the exploitation of mineral raw materials may be performed by persons holding the university degree acquired in basic academic studies of the relevant professional field with a minimum of five years of professional experience in relevant jobs and an authorization to perform such tasks and a relevant license.
The supervisory jobs in conducting mining works may be performed by a person holding the high school degree in the fields of geology, mining or metallurgy of an adequate educational profile, with three years of professional experience in relevant jobs and an authorization to perform such jobs.
Article 122
The mining designs may be developed by a person holding the position of the main designer who has a university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module within the educational-scientific field of: engineering and technology, five years of professional experience in development of mining designs jobs or technical management jobs, supervisory and other expert jobs for which the design is developed, holding the authorization to perform such jobs and the relevant license.
Individual parts of a mining design may be developed by persons holding the positions of a responsible design engineer who possess the university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module, with three years of professional experience, an authorization to perform such jobs and a relevant license.
Article 123
The technical control of mining designs may be managed by a person holding the status of the main auditor with a university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module, in the field of mining engineering of the relevant educational profile within the educational-scientific field of: engineering and technology in mining, with five years of professional experience in mining designs’ development jobs, technical control or technical management jobs, supervisory and other expert jobs in mining facilities for which the design is developed, an authorization to perform such jobs and an adequate license.
The technical control of individual parts of a mining design may be performed by persons holding the position of a responsible auditor who possess a university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module, with three years of professional experience in jobs of design development or technical control, an authorization to perform such jobs and a relevant license.
Article 124
A person may manage the employees in jobs of occupational safety and health, environmental protection and mining measurements and mining plans development if he/she has a university degree of at least seventh level, sub-level one (level VII-1) of the national qualifications framework, which is acquired by completing integrated academic studies in the range of 300 to 360 ECTS credits, (Master’s degree of academic studies, Master’s degree of vocational studies), i.e. degree in basic university studies in the duration of at least five years, of the relevant educational profile and module, with five years of professional experience in adequate jobs, an authorization to perform such jobs and an adequate license.
Article 125
Authorization to perform the technical management, expert supervision, development of designs and other expert jobs specified by this Law shall be acquired by taking a professional exam.
The professional exam referred to in paragraph 1 of this Article shall be taken before a commission established by the Chamber upon proposal by the Minister.
VII LICENSES FOR PERFORMANCE OF CERTAIN JOBS IN GEOLOGICAL EXPLORATIONS AND EXPLOITATION
Article 126
Licenses for natural persons in the field of geological explorations can be as follows:
1) The license for design development, technical control, conducting and expert supervision of geological explorations:
(1) For explorations of mineral raw materials;
(2) For oil and natural gas explorations;
(3) For hydrogeological explorations and for explorations of geothermal resources;
(4) For engineering-geological and geotechnical explorations;
(5) For geophysical explorations and tests;
(6) For regional geological explorations;
(7) For petrological and geochemical explorations;
(8) For mineralogical and crystallographic explorations;
(9) For paleontological explorations;
2) The license for the person competent to evaluate a study on resources and reserves:
(1) For solid mineral raw materials;
(2) For oil and natural gas.
Licenses of natural persons in the field of mining may be the following:
1) The license for designing and technical control, for mining works, expert supervision and technical acceptance of facilities in procure for acquiring of a use permit:
(1) For surface exploitation of solid mineral raw materials;
(2) For underground exploitation of solid mineral raw materials;
(3) For exploitation of liquid and gaseous mineral raw materials;
(4) For preparation of mineral raw materials;
(5) For occupational safety and environmental protection;
(6) For mining measurements;
(7) For machine and electrical engineering in mining;
(8) For other professions engaged in mining operations.
2) The license for a competent person for mining.
The Chamber shall prescribe in more detail the conditions, types and manner of issuing licenses, as well as the revocation, content and form of the license.
Article 127 and 128
(Deleted)
Article 129
In order to protect the lives and health of employees, the business entity shall:
1) Regulate the occupational safety and health of employees in compliance with the specific characteristics and dangers that may arise;
2) Organize the performance of occupational safety and health tasks in compliance with this Law and with the regulations on occupational safety and health;
3) Provide for personal protection kits and personal protective equipment for the employees;
4) Provide for the protection from fire, failures, accidents and chemical and other incidents and organize the rescue operations;
5) Organize training of employees in occupational health and safety and rescue operations in cases of sudden threats to human lives and health and safety of facilities according to an established plan and program, during the entire year and perform the relevant knowledge tests once a year.
Article 130
In respect of water and environmental protection, the business entity shall:
1) Plan the measures whereby threats to water and environmental regimes are prevented, i.e. plan the re-cultivation and remediation measures and secure the implementation of prescribed measures;
2) Keep data on types and quantities of dangerous and harmful substances used in pursuit of their business activity, i.e. keep data on types and quantities of dangerous, harmful and waste substances released or dumped in the environment;
3) Implement measures and conditions for prevention of threats to water and environmental regimes contained in the assessment of impact of the given business activity on environmental and water regime, in compliance with the separate law.
Article 131
The following shall be provided for by means of water and environmental protection measures:
1) Direct control of the implementation of prescribed measures of water and environmental protection;
2) Development of plans for the protection from failures, accidents and other incidents;
3) Monitoring of impact produced by the pursuit of the given business activity on the water regime and on the environment;
4) Providing proposals for undertaking of measures for environmental and water regime protection and improvement in compliance with a separate law.
Article 132
The general manager of a business entity in charge of exploitation, as well as the persons holding special authorizations laid down in the act on organization and classification of jobs in such business entity, shall be responsible for organization, implementation and upgrading of occupational safety and health tasks and for water and environment protection and for implementation and upgrading of occupational safety and health measures and water and environmental protection measures.
Article 133
An entity in charge of exploitation shall organize the activities of rescue and protection from fire, failures, accidents and other incidents, in accordance with the specific characteristics of the technical and technological process.
The activities of rescue and fire protection shall be performed by the employees who are trained for that in compliance with this and other separate regulations.
Article 134
The entity in charge of exploitation shall maintain a book of mining supervision in which the orders issued on-site by the mining inspector in cases of immediate threat to employees’ lives and health and substantial material damage shall be recorded.
Orders issued by the general manager and other persons holding special authorizations pertaining to occupational safety and health and those issued on-site shall additionally be recorded in the book referred to in paragraph 1 of this Article.
The book of mining supervision shall be maintained for each pit, open pit, drilling rig and workover unit, exploitation field in oil and gas production, as well as for the facilities for preparation of mineral raw materials.
Article 135
It is forbidden to bring easily flammable substances, smoking kits or other devices that may cause fire, inflammation or explosion in underground mining work areas and other mining facilities in which methane and other flammable gasses or dangerous coal dust occur and in explosion danger zones, in facilities on oil and gas fields, which must be indicated by means of warning signs in visible places.
Welding devices may be brought and used in underground mine areas, as well as in other mining facilities, under conditions and in the manner laid down by specific regulations only.
The employee that operates the storage, warehouse or that manages transportation and transfer of explosive devices or performs the blasting, as well as other persons that come to the warehouse premises on any grounds or those that assist in transportation and transfer of explosive devices and blasting, must comply with the prescribed occupational safety and health measures, environmental protection measures and fire protection measures.
Responsible persons and other employees that participate in the technological process and perform expert tasks in occupational safety and health shall implement and to control the implementation of occupational safety and health measures and fire protection measures that pertain to the protection from methane explosion, explosion of other dangerous gases or coal dust or from the aggressive mineral dust, ionizing radiation, silicosis, water irruptions or fire.
Article 136
Prolonged workers’ presence in underground mining work areas after the end of their working hours shall be allowed only to perform the tasks related to the technical and technological process that has been approved by the technical manager of the mining facility.
Article 137
Employees and responsible persons shall work with undivided attention with the aim of protecting their own lives and health and lives and health of other employees, protecting the mining facilities, work equipment and other material property and to comply with the established occupational safety and health measures.
Employees and responsible persons that fail to comply with the established occupational safety and health measures, fire protection measures and other measures laid down by this Law shall thus commit a grave infringement of their work duties.
Article 138
Each employee shall immediately inform the responsible person about each hazardous occurrence in the course of mining works, and especially about the occurrence of explosive, suffocating and toxic gases, about water irruptions, fire, landslides or other occurrences that may jeopardize the safety of employees, material goods and property and human lives and health.
The responsible person shall, in the case referred to in paragraph 1 of this Article, take all the measures necessary to prevent any graver consequences for the safety of employees and property and without delay, notify the mining inspector and the internal affairs body and other competent inspection thereof.
Article 139
In mines with underground exploitation in which potential hazards, fires, inflammations and methane and coal dust explosions, irruptions of gases, sand, water and mud, cave-ins may occur, the entity in charge of exploitation shall organize daily watches with the aim of controlling the implementation of protective measures and safety of the employees and, where necessary, providing for a timely reaction on-site.
The responsible person performing the watch tasks shall, in the case referred to in paragraph 1 of this Article, undertake all the measures necessary to prevent the occurrence of any graver consequences for the safety of employees and property and, without delay, notify the entity in charge of exploitation, the mining inspector and the internal affairs body thereof.
Article 140
The entity in charge of exploitation shall maintain the records on occurrences of hazards in the course of mining works, which shall specifically comprise the following: information about the type of hazardous occurrence, duration thereof, cause and damage caused, as well as information about responsibility established for such hazardous occurrence.
The entity in charge of exploitation shall, without delay, notify the mining inspector and the internal affairs body of each death case, group injury and serious injury at work, and the competent inspection in cases of failures, accidents and other incidents.
Article 141
The business entities shall urgently provide mutual assistance to each other in cases of accidents or incidents, except in cases where providing such assistance is not possible due to the danger to personal safety.
Article 142
In case of a danger to the entity in charge of exploitation and to the entity in charge of exploration, the owners and users of land shall allow the necessary works to be performed on their land to remove such danger.
In case referred to in paragraph 1 of this Article, the entity in charge of exploitation shall compensate the damage thus incurred.
Article 143
The Minister shall prescribe special measures and control method for the implementation of fire and explosion protection measures in mining facilities for underground exploitation. In other mining facilities, the regulations in force in the field of fire and explosion protection shall apply.
The Minister shall prescribe special measures and safety and health control method for works on geological explorations and exploitation of mineral raw materials.
In respect of the measures of occupational safety and health, environmental protection, fire and explosion protection and other protective measures that pertain to conducting of mining works, which are not regulated by this Law, provisions of separate regulations governing such protection measures shall apply.
IX OTHER PROVISIONS ON EXPLOITATION
Article 144
Mining waste shall be disposed of and managed on the basis of the permit for mining waste management that is issued by the Ministry, i.e. by the competent provincial authority, in compliance with the waste management plan and other accompanying documentation that defines the type, method of management and reporting, as well as other obligations in relation to mining waste management.
The Government shall lay down the conditions and procedure for waste management permit issuing, as well as the mining waste criteria, characterization, classification, and reporting.
Article 145
Waste generated in the course of the exploration, exploitation and preparation of mineral raw material, which is not directly related to the said activities (waste oils, food, deteriorated vehicles and used batteries and accumulators) and waste generated by the extractive industry that may be radioactive, and waste generated by the industrial processing of mineral raw material shall not be classified as the mining waste.
Article 146
Abandoned mines and mining facilities shall be the facilities constructed by the date of entry into force of this Law, due to improper suspension of mining works and abandoning of mining facilities, without applying the technical and technological procedures of remediation and re-cultivation, for which entity in charge of exploitation and/or of exploitation field is not known or does no longer exist and for which ownership of the area in question cannot be established.
The Government shall lay down conditions, criteria, programming, procedure and method of remediation and re-cultivation of abandoned mines and mining facilities referred to in paragraph 1 of this Article.
Funding required for resolving the issues of remediation and re-cultivation of abandoned mines and mining facilities referred to in paragraph 1 of this Article shall be provided from the budget of the Republic of Serbia.
Article 147
The Ministry shall maintain a separate book of documents on abandoned mines and mining facilities, as well as the records on remediated and re-cultivated mines and mining facilities referred to in Article 146 of this Law.
Article 148
The remediation and re-cultivation procedures for abandoned mines and mining facilities shall be performed as per the technical mining design which contains the following: technical description of the existing condition, technical description of engineering-geological explorations with the aim of establishing the technical and technological bases for the development of a remediation and re-cultivation design and technical description of the remediation and re- cultivation of abandoned mines and mining facilities with the bill of quantities and cost estimate.
3. Temporary Suspension of Mining Works
Article 149
If the works in mine pits and open pit mines and the parts thereof or in oil and gas fields must be suspended temporarily due to some unforeseeable circumstances (such as the irruptions of gases or water, problems related to rock bursts, pit fires, disruptions in the main ventilation flows, thoroughfares, water drains and transportation, terrain sliding, eruptions, changes in water regime, etc.) or due to the occurrence of force majeure circumstances, the entity in charge of exploitation shall notify the mining inspector of the reasons for such suspension of works within 24 hours from the suspension of works at the latest.
The entity in charge of exploitation shall notify the mining inspection of any temporary suspension of works that is planned in advance, 15 days prior to such suspension at the latest.
Prior to the planned suspension of works referred to in paragraph 2 of this Article, which shall exceed 30 days in duration, the entity in charge of exploitation shall perform the needed measurements, supplement the mining designs and plans and compile minutes on the reasons for suspension of works, by listing the potential hazards that may occur on the occasion of reopening of the pit or a part thereof, i.e. on the occasion of re-commissioning of the oil and gas field.
During the temporary suspension of works, the main pit areas and facilities in oil and gas fields must be kept in such a condition as to allow for safe passage through them.
In case that the temporary suspension of works should exceed two years in duration, Article 150 of this Law shall apply.
4. Permanent Suspension of Works
Article 150
In case of a complete and permanent suspension of exploitation in mine pits or individual districts or parts of the pit, open pit mines or in the fields for oil and gas exploitation, regardless of the reason thereof, the entity in charge of exploitation and/or the entity holding the approval for an exploitation field shall notify the authority that issued the approval for exploitation and/or the approval for exploitation field, i.e. the approval for mining works, 30 days prior to such suspension of works at the latest.
Article 151
In case of a permanent suspension of works, the entity in charge of exploitation shall take all the measures for the protection of mining facility and land in which the works were conducted and measures for environmental protection and remediation to protect human lives and health and property, strictly in compliance with the main mining design for permanent suspension of works.
The company with majority state-owned stake as the entity in charge of exploitation shall hand over for safekeeping the mining designs, plans and sketches, measurement books and other documentation on the condition of mining works and on the condition of resources and reserves of the mineral raw materials at the time of the suspension of works, to the authority that issued the approval for exploitation, i.e. the approval for mining works.
The documentation referred to in paragraph 2 of this Article shall be made available to each business entity interested in renewal of works in the abandoned exploitation field.
An approval for exploitation must be obtained in compliance with the provisions of this Law in order to renew the works referred to in paragraph 3 of this Article.
5. Planned Permanent Suspension of Works
Article 152
Before the planned permanent suspension of mining activities, the public enterprise conducting the exploitation shall first develop a program for mine closing (hereinafter: the Program).
The Program shall especially include the following measures for:
1) Development of an action plan for mine closing;
2) Remediation of abandoned mining facilities and potential for the use of abandoned mining facilities;
3) Remediation and re-cultivation of land on which the exploitation was conducted;
4) Resolving of any issues of environmental protection caused by mine closing;
5) Need to resolve the local communities’ problems caused due to the suspension of mining activities in the area of the mine that is being closed;
6) Adoption of a program to resolve the issue of redundant employees, in compliance with the law;
7) Specifying the amount of funds required for realization of the mine closing plan.
The Program is subject to consent from the Government.
Funding required for the realization of Program shall be provided from the budget of the Republic of Serbia and from other sources in compliance with the law.
The Ministry shall supervise the implementation of the Program.
6. Remediation and Re-Cultivation
Article 153
The entity in charge of exploitation shall, during the course and upon completion of exploitation works, and at the latest within one year from the completion date of the works on surfaces where the mining works were completed, conduct re-cultivation of land in strict compliance with the technical design of technical and biological re-cultivation, which is an integral part of the main or supplementary mining design.
The Ministry, i.e. the competent authority of the autonomous province and the ministry in charge of agriculture and water management, i.e. the ministry in charge of environmental protection shall be notified of the measures referred to in paragraph 1 of this Article.
If a liquidation or bankruptcy procedure is initiated against the entity in charge of exploitation, the remediation and re-cultivation costs for the land in which the exploitation was conducted shall be settled from the liquidation or bankruptcy estate as a priority liability.
Article 154
The right to strike can be exercised in the business entity that performs exploitation of raw materials on condition that the safety of facilities, devices and installations and safety and health of people is provided for during the strike.
Article 155
In order to provide for the conditions referred to in Article 154 of this Law, the tasks that secure the following shall be performed during the strike in the business entity conducting the exploitation:
1) Drainage, ventilation, maintenance of passable thoroughfares in the facility and maintenance of devices, equipment and installations;
2) Completion of initiated works on securing, insulation and transportation of excavations the dumping of which may present a threat to safety and health of employees and to safety of mining facilities, plants and devices.
It is forbidden to organize and conduct a strike in mine pit work areas or in other facilities and work areas where potential hazards for human lives and health exist.
The work places in which the tasks referred to in paragraph 1 of this Article are performed and the performance of which shall be necessary to provide for the conditions referred to in Article 154 of this Law, as well as the facilities, i.e. the work areas referred to in paragraph 2 of this Article, shall be specified in the general act of the business entity.
Article 156
In case of any infringement of the provisions on strike laid down in this Law, which may, as a consequence, result in an immediate hazard or extremely severe consequences to human safety and health or to their safety and safety of property, or some other harmful irrecoverable consequences, the Ministry shall undertake the necessary measures to prevent the occurrence of such consequences, and specifically:
1) Introduction of work obligation;
2) Deployment of workers from other technical and technological systems and other workers - individuals;
3) Initiating the procedure to determine the responsibility of the general manager and members of the management bodies.
X FEES FOR GEOLOGICAL EXPLORATIONS AND USE OF MINERAL RAW MATERIALS AND GEOTHERMAL RESOURCES
Art. 157-159*
(Ceased to be valid)
Article 160*
(Deleted)
XI CADASTRE AND INFORMATION SYSTEM IN THE FIELD OF GEOLOGICAL EXPLORATIONS AND MINING
Article 161
For the purpose of more efficient collecting, processing, archiving, search and distribution of geological data and information, simpler and more efficient access to geological data and information on the basic geological characteristics and resources of the Republic of Serbia, simpler monitoring, updating and analyzing of results of the geological explorations, and with the aim of achieving optimum planning and designing of geological explorations, as well as of achieving the efficient collecting, processing, monitoring and recording of data necessary for the implementation of mineral policy and developmental policy and strategy in the field of mining, the Ministry shall maintain:
1) Geological Information System of Serbia;
2) Information System for Geological Explorations and Mining;
3) Cadastre of ground water exploration and exploitation areas;
4) Cadastre of exploration and exploitation areas of geothermal resources;
5) Cadastre of exploration areas and exploitation fields of solid mineral raw materials, oil and gas;
6) Cadastre of deposits of mineral raw materials and other geological resources;
7) Cadastre of mining waste fields;
8) Cadastre of abandoned mines and mining facilities;
9) Cadastre of active and remediated mining facilities;
10) Book of documents.
The Minister shall prescribe in greater detail the conditions and method of data collection, processing and keeping, of the Geological Information System of Serbia (hereinafter: GeolISS) and of the Information System for Geological Explorations and Mining (hereinafter: CIS GIR), as well as the conditions for data exchange with international geological and mining information systems.
The information systems and cadastres referred to in paragraph 1 of this Article shall contain personal data, and specifically: the first name and surname of the person and the person’s date and place of birth.
The Minister shall prescribe in greater detail the method of maintenance and the content of cadastre referred to in paragraph 1 of this Article, of the book of documents and the method of data management and data exchange, the method of maintenance and use.
All the interested entities shall be entitled to access the cadastre referred to in paragraph 1 of this Article, items 3) through 9), to the book of documents and to CIS GIR, for which the republic administrative fee shall be paid.
The Ministry shall cooperate with the republic and other authorities, public and other enterprises and institutions that collect and keep data in the field of geological research work and explorations of geological resources, as well as explorations and exploitation of mineral raw materials and other geological resources.
Article 162
Cadastre of exploration areas and exploitation fields and cadastre of active and remediated mining facilities shall be maintained by the competent authority that issued the approval for exploration and approval for exploitation.
Data on the entity in charge of exploration, exploration area, subject matter of geological explorations, results of the explorations, as well as about the measures ordered by the geological and mining inspectors shall be entered in the cadastre of approved exploration areas.
Complete set of data from the approval for exploitation in a specific exploitation field, limitation specified for exploitation, information about mining facilities and schedule of mining works in the exploitation field, changes that occurred in relation to the user of an exploitation field, information on suspension of works, as well as about the measures ordered by the geological and mining inspectors shall be entered in the cadastre of exploitation fields.
Information about the position and status of mines and facilities shall be entered in the cadastre of active and remediated mining facilities. Complete set of data from the approval for exploration and from the approval for the use in a specified exploitation area, determined quantity of ground water used, as well as the basic information from the study of ground water reserves shall be entered in the cadastre of exploration and exploitation areas of ground water and hydro geothermal resources.
Complete set of data from the approval of exploration and from the approval for the use in a specified exploration area, as well as the basic information from the study of the determined potential of the resource, i.e. from the study on the use of a resource shall be entered in the cadastre of exploration and exploitation areas of petro geothermal resources.
The competent authority of the autonomous province shall deliver to the Ministry information on the entity in charge of exploration, exploration area and subject matter of the approved and realized geological explorations and all the pieces of data related to exploitation.
Article 163
Cadastre of deposits and balance of mineral raw materials and ground water, as well as the cadastre of geothermal resources shall be maintained by the Ministry, i.e. the competent authority of the autonomous province.
Data on the surface area, site and name of the deposit, data on type, quantity and quality of mineral raw material, information on the entity in charge of exploration and/or exploitation, data on issued certificates of reserves for a given deposit and any changes in respect of the balance, as well as other pieces of data related to the balance of mineral raw materials shall be entered in the cadastre of deposits and balances referred to in paragraph 1 of this Article.
Article 164
Cadastre of mining waste fields and cadastre of abandoned mines and mining facilities shall be maintained by the Ministry, i.e. by the competent authority of the autonomous province.
Data on border lines of the mining waste field, information on entity in charge of exploration and/or exploitation, i.e. on the business entity producing the mining waste, information on business entity that operates the mining waste, information on characterization and categorization of all the mining waste dumping sites in a mining waste field, as well as other pieces of data related to mining waste management shall be entered in the cadastre of mining waste fields.
Data on the position and status of such mines and facilities, as well as on remediation and re-cultivation measures implemented shall be entered in the cadastre of abandoned mines and mining facilities.
Article 165
The Ministry, i.e. the competent authority of the autonomous province or the local self- government unit shall maintain the book of legal instruments and the records of business entities, to which the approvals for geological explorations and exploitation were issued.
The book of legal instruments shall comprise the approval for geological exploration, approval for retaining of exploration area, approval for exploitation field or approval for exploitation, approval for construction of mining facilities and/or performance of mining works and exploitation permit, as well as other data pertaining to the geological exploration and exploitation of mineral raw materials.
Article 166
GeolISS shall represent the basis for analysis of geological resources of the Republic of Serbia, mineral raw materials’ and ground water occurrences and deposits, development of geological maps of various types and purposes, development of the map of geological hazards and risks, as well as for the implementation of all types of activities in the field of geological planning, decision making and designing of geological exploration works, achieving of global geocommunication and commercialization of geological information.
CIS GIR shall provide for establishing, classification, maintenance, presentation and distribution of numerical, descriptive and spatial databases on: approved geological explorations, ore reserves, mine infrastructure, archive documentation and approvals, licenses and certificates, cadastre of exploration and exploitation fields, cadastre of deposits and balances of mineral raw materials, cadastre of mining works and facilities, cadastre of mining waste and abandoned, remediated and closed mines, book of legal instruments, financial liabilities in respect of the fee paid by the entity in charge of exploration and exploitation, supervisions completed and measures ordered by the inspection services, production and consumption of mineral raw materials and other information of significance.
Data from GeolISS and CIS GIR information systems shall be public, i.e. available for use in compliance with this Law.
The competent authority of the autonomous province shall provide the Ministry with data necessary for maintenance of GeolISS and CIS GIR in compliance with paragraphs 1 and 2 of this Article.
GeolISS and CIS GIR shall make integral parts of the unified information system of the Republic of Serbia, which is used by the competent authority of the autonomous province.
Article 167
Information system shall ensure exchange of information, through the GIS portal or web pages, directly or with other information systems, and harmonization of all relevant information on the local, national and international level.
The tasks of building and maintenance of the central information system shall be financed from the budget of the Republic of Serbia or from other sources in compliance with law.
Article 168
Inspection of the application of the provisions of this Law and regulations adopted for its application shall be performed by the Ministry, through geological and mining inspectors, within the scope envisaged by this Law.
The autonomous province shall be entrusted with the inspections referred to in paragraph 1 of this Article in the territory of the autonomous province.
The provisions of the law and other regulations governing inspections shall apply to the content, type, shape, procedure, and implementation of inspections, authorizations and obligations of the participants in inspections and other issues of importance for inspections that are not regulated by this Law.
Article 169
A person with a university degree of the basic academic studies in the range of at least 240 ECTS credits, Master’s degree of the academic studies, specialist academic studies, specialist vocational studies, i.e. basic studies in the duration of at least four years or specialist university studies, in the field of geological engineering within the educational and scientific field of: engineering and technology and with a minimum of five years of professional experience in geological exploration jobs that passed the professional exam and the inspectors exam may serve as a geological inspector.
A person with a university degree of the basic academic studies in the range of at least 240 ECTS credits, Master’s degree of the academic studies, specialist academic studies, specialist vocational studies, i.e. basic studies in the duration of at least four years or specialist university studies, in the field of mining, mechanical, technological and electro technical engineering within the educational and scientific field of: engineering and technology and with a minimum of five years of professional experience in the mineral raw material exploitation jobs that passed the professional exam and exam for inspectors may serve as a mining inspector.
A mining inspector performing monitoring of mining facilities in danger of methane or dangerous coal dust must have a minimum of three years of professional experience in pits with methane occurrence or dangerous coal dust or in the oil and gas exploration and exploitation jobs.
Article 170
A geological inspector shall have the right and duty to verify the following during the inspection:
1) Whether the business entity performing the activities referred to in Article 22, paragraph 1 of this Law is registered with the register of business entities or with some other register for the pursuit of such business activity;
2) Whether the persons performing the jobs referred to in Article 22, paras. 2 through 4 of this Law fulfill the prescribed conditions;
3) Whether the pursuit of the activities of geological explorations and conducting of geological exploration works is done in compliance with the prescribed conditions;
4) Whether the design and the final report on the results of geological explorations is compiled in compliance with the law and other regulations and whether the technical control has been performed by an authorized business entity that is registered with the court register;
5) Whether the entity in charge of exploration provided for the expert supervision over the performance of geological explorations and exploitation;
6) Whether the person performing expert supervision is keeping a diary expert supervision and whether such a person timely reported to the entity in charge of exploration on all omissions and shortcomings found during the expert supervision;
7) Whether the annual report on the results of geological explorations is compiled and certified in a prescribed manner;
8) Whether the geological explorations are conducted on the basis, and in compliance with the approval for exploration;
9) Whether the competent authority was notified of the geological explorations and geological exploration works;
10) Whether the geological exploration works are conducted as per the design for geological explorations based on which the approval for exploration was issued;
11) Whether the engineering-geological and hydro-geological works are conducted as per the design for geological explorations and the approval issued by the competent authority;
12) Whether the execution of geological exploration works is done in compliance with the law and other regulations;
13) Whether the safety measures for the protection of people, facilities in the immediate vicinity, traffic and the surrounding area are undertaken, as well as of all the required occupational safety and health measures by the business entity performing the geological exploration;
14) Whether the prescribed records are kept of the quantities of mineral raw materials taken for testing and of other mineral resources the occurrence of which was determined during the geological exploration;
15) Whether exploration drill cores are stored and kept;
16) Whether the quantity of mineral raw materials taken for testing exceeds the quantity specified in the approval for exploration;
17) Whether the mineral raw material is taken (for various purposes) without the approval for exploration;
18) Whether the book on the condition of reserves of mineral raw materials and geothermal resources is kept;
19) Whether the geological technical documentation on all the works on exploitation is compiled;
20) Whether the entity in charge of exploration also executes other obligations prescribed by this Law and regulations adopted on the basis of this Law.
The geological inspector shall additionally perform other tasks laid down in the laws applied in the field of geological explorations.
Article 171
A mining inspector shall have the right and duty to verify the following during the inspection:
1) Whether the business entity performing the activities referred to in Article 67, paragraph 1 of this Law is registered with the register of business entities or with some other register for the pursuit of such business activity;
2) Whether the persons performing expert supervision in exploitation of mineral raw materials and supervision in conducting of mining works fulfill the prescribed conditions;
3) Whether the prescribed occupational safety and health measures and the regulations on safety of movable and immovable property owned by business entities and natural persons are implemented in conducting of mining works;
4) Whether the exploitation is done in compliance with the approvals issued in accordance with this Law;
5) Whether the exploitation is done with the level of parameters from the mining design;
6) Whether the exploitation is conducted on the basis of the approved method of excavation;
7) Whether the dumping of flotation tailing is conducted based on the approved design documentation and whether the geodetic surveying of the rockfill dam crest is performed in relation to the water level in the precipitation tailings pond;
8) Whether the employee training courses are organized and whether the rescue measures in cases of sudden dangers to human lives and health and safety of facilities are implemented;
9) Whether the external and internal dumpsites in open pit mines are formed in compliance with the approved design documentation;
10) Whether the technical regulations applicable to mining works are strictly complied with in carrying out of such works;
11) Whether the pit and surface mining facilities are built in compliance with designs;
12) Whether the mining works on exploitation are executed according to the annual operational plan;
13) Whether the prescribed mining measurements are conducted, whether mining plans and other documentation required for the mining works are properly drafted and regularly updated and whether measurement books are adequately maintained;
14) Whether the prescribed conditions for allocation of employees on adequate jobs are complied with and whether employees are being trained to work in specific jobs;
15) Whether the transportation, storage and handling of explosive materials and liquid fuel is conducted in a prescribed manner;
16) Whether the preparatory works and overburden/waste rock excavation works in open pit mines are conducted in compliance with the design;
17) Whether filling of excavated areas in underground exploitation is done in compliance with the design for the relevant excavation method;
18) Whether the prescribed measures are undertaken in handling of mining waste in the pit and on the ground, in the exploitation field and out of the exploitation field;
19) Whether the disposal and management of mining waste is done as per the permit for mining waste management;
20) Whether the business entity implements the protection measures prescribed by this Law and regulations adopted on the basis of this Law;
21) Whether the remediation and re-cultivation procedures for abandoned mines and mining facilities are performed on the basis of the technical mining design;
22) Whether, in the case of permanent suspension of works, the entity in charge of exploitation has taken all measures in all respects as per the main mining design of permanent suspension of works;
23) Whether, in the case of planned permanent suspension of mining activities, the public enterprise performing exploitation has previously developed a mine closure program;
24) Whether, during and after the completion of exploitation works, the entity in charge of exploitation has conducted re-cultivation of the land in all respects as per the technical design of technical and biological re-cultivation, which is an integral part of the main or supplementary mining design;
25) Whether the entity in charge of exploitation also performs other obligations prescribed by this Law and regulations adopted on the basis of this Law.
The mining inspector shall additionally perform other tasks laid down in the regulations applicable in the field of mining.
Article 172
In performing inspection, a geological inspector shall be authorized to:
1) Order the removal of the determined irregularities within the deadline specified by him;
2) Issue a decision and impose an administrative measure if the monitored entity fails to eliminate the illegality within the set deadline referred to in item 1) of this paragraph, except when, due to the necessity of taking urgent measures, he issues a decision without delay;
3) Forbid work by means of a decision:
(1) If the exploration is not carried out in accordance with the approval for exploration or is not carried out in accordance with the geological exploration design;
(2) If expert supervision over the performance of geological explorations is not provided;
(3) If explorations are carried out outside the approved exploration area;
(4) If the land on which exploration works were performed is not returned to its original condition;
(5) If the prescribed measures of occupational safety and health, the required safety measures for property, human health and environmental protection and protection of cultural property and resources under preliminary protection, are not implemented;
(6) If the fee for applied geological explorations, as well as the fee for oil and natural gas, obtained by trial operation of exploration wells in the previous exploration year, is not paid;
(7) If it is subsequently determined that the attached documentation, on the basis of which the approval was issued, contains incorrect i.e. untrue data;
(8) If the exploration should present any threat to the already existing use or exploration of ground water and geothermal energy;
(9) If proof of the right to use, lease, owner’s consent, i.e. easement on the land on which the designed exploration works are performed (exploration wells, excavations, exploration floors, exploration mining works, etc.) has not been obtained;
(10) If the commencement of exploration works is not reported within the deadline envisaged by law;
(11) If the exploitation of mineral raw materials, or the use of ground water and geothermal resources is carried out under the veil of exploration.
The entity in charge of exploration, which is ordered to remove the deficiencies and irregularities within the meaning of paragraph 1, item 1) of this Article, shall, upon the removal thereof, notify the geological inspector of such removal within the deadline specified by the inspector, which cannot exceed eight days.
In addition to taking of the measures referred to in paragraph 1 of this Article, a geological inspector shall also be authorized to:
1) Specify the safety measures in case of a threat to human lives and health or safety of property;
2) File a report on a criminal offence, a report on an economic offence, or an application to initiate a proceeding for a misdemeanor to the competent judicial authority, i.e. also take other actions and measures to which he is authorized by law or other regulation;
3) Notify the authority in charge of approvals’ issuing in accordance with this Law and another authority, if the measures falling within the competence of such other authority need to be taken;
4) Order the implementation of other prescribed measures or obligations within a specified deadline and temporarily forbid work if the order is not executed within the set deadline.
Article 173
In performing inspection, a mining inspector shall be authorized to:
1) Order the removal of the identified illegalities within the deadline specified by him;
2) Issue a decision and impose an administrative measure if the supervised entity fails to eliminate the illegality within the set deadline, except when, due to the necessity of taking urgent measures, he issues a decision without delay;
3) Forbid work on the exploitation of mineral resources, by means of a decision, if the mining works are carried out without an approval for exploitation and approval for performance of mining works;
4) Forbid work, by means of a decision, if the mining works are not carried out as per the approved technical documentation;
5) Forbid work, by means of a decision, if expert supervision over the exploitation of mineral raw materials and supervision over the mining works are not provided;
6) Forbid, by means of a decision, the use of a mining facility for which a use permit has not been issued;
7) Forbid, by means of a decision, entering into warehouses, auxiliary storages and depots of explosive devices, as well as operating of explosive devices and blasting in mining to the persons that have not been provided with adequate training;
8) Forbid work, by means of a decision, in case of a direct threat to the employees’ safety and health;
9) Forbid work, by means of a decision, if the exploitation jeopardizes the life and health of people and the environment, and if other measures envisaged by this Law and other regulations are not sufficient to prevent that;
10) Forbid work, by means of a decision, if the exploitation jeopardizes cultural property, its protected surrounding area or the area of cultural, historical, architectural and archaeological importance;
11) Forbid work, by means of a decision, if the re-cultivation procedure is not performed in compliance with the design documentation;
12) Forbid work, by means of a decision, if the legal entity performing exploitation does not have proof of the right to use, lease, owner’s consent, i.e. easement on the land, in the area where it performs mining works;
13) Forbid work, by means of a decision, if the fee for the use of mineral resources is not paid;
14) Order that the technical management, expert supervision, explosive devices handling and other expert jobs may be performed by the persons who comply with the prescribed conditions, hold authorization to perform such jobs and have a relevant license;
15) Order that occupational health and safety be organized in accordance with the business entity’s specificities and potential threats;
16) Order that the rescue jobs be organized in cases of sudden dangers to human lives and health and to safety of facilities in accordance with the specified plan and program;
17) Order that the employee training be organized in the fields of occupational safety and health, and that the rescue actions are organized in cases of sudden danger;
18) Order that personal protective devices and personal protective equipment be provided for the employees who must use it regularly;
19) Order that the book of mining supervision be kept for each pit, open pit, drilling rig and workover unit, exploitation field in oil and gas production, as well as for the facilities for preparation of mineral raw materials;
20) Order regular performance of geodetic measuring, drawing of geodetic maps and plans by means of which the condition of mining works performed can be determined;
21) Order that relevant documentation be developed in relation to ventilation of pits, open mine excavations, power grid, water supply network as well as pit plants that shall include the basic technical data;
22) Order that the development and technical control of the mining designs be conducted by the persons that, in respect of the degree and type of professional qualifications and professional experience, fulfill the prescribed conditions and hold authorizations to perform such jobs;
23) Order that the annual operational plan and annual business report for the previous calendar year be prepared in accordance with the provisions of this Law;
24) File a report on a criminal offence, a report on an economic offence, or an application to initiate a proceeding for a misdemeanor to the competent judicial authority, i.e. take other actions and measures to which he is authorized by law or other regulation;
25) Notify the authority in charge of approvals’ issuing in compliance with this Law and another authority if there are reasons for undertaking of measures falling within the competence of that authority;
26) Order the implementation of other prescribed measures or obligations within a specified time limit and temporarily forbid work if the order is not executed within the specified time limit.
The entity in charge of exploitation to which the order is issued by means of a relevant decision to remove the deficiencies and irregularities within the meaning of paragraph 1 of this Article, shall, upon the removal thereof, notify the mining inspector thereof within the time limit specified in the decision, which cannot exceed eight days.
Article 174
During monitoring of the implementation of occupational safety and health measures in mining facilities, geological and mining inspectors shall have the same authorizations and duties as those of the labor inspectors envisaged by the regulations on occupational health and safety.
The entity in charge of exploitation shall provide access to the inspector referred to in paragraph 1 of this Article to the business and propulsion premises, taking samples of the mineral raw materials and propulsion materials with the aim of conducting tests, as well as providing of other pieces of evidence.
Article 175
The entity in charge of exploration or the entity in charge of exploitation, in which a fatal, group or severe injury at work occurs and an injury at work due to which the employee is unable to work for more than three consecutive working days during the geological exploration or during exploitation, shall immediately notify the geological or mining inspector thereof.
The inspector referred to in paragraph 1 of this Article shall immediately conduct on-site examination of the causes of the fatal, group or severe injuries at work, as well as order measures that must be taken without delay and to submit to the competent authorities a reasoned report with an opinion on the causes of the injury in shortest time limit possible.
Article 176
An appeal may be lodged with the Minister against the decision of the inspector within 15 days from the date of receipt of the decision. The appeal shall suspend the execution of the decision, except in the case when it is necessary to take urgent measures prescribed by the provisions of the law regulating inspections.
In the event that the first-instance decision of the inspector has already been annulled once, the second-instance authority cannot annul it again and refer the case to the inspection for a new procedure, but shall resolve this administrative matter itself.
Article 177
Any person organizing or participating in a strike in the work areas of an underground pit or other facilities and premises referred to in Article 155, paragraph 2 of this Law shall be sanctioned by imprisonment of one to five years.
Article 178
Anyone bringing a flammable substance or other objects forbidden in pits with methane or other flammable gas or dangerous coal dust or in a facility in an oil and gas field (Article 135, paragraph 1), shall be sanctioned by imprisonment from one to five years.
An attempted crime referred to in paragraph 1 of this Article shall be sanctioned.
If the crime referred to in paragraphs 1 and 2 of this Article was committed by negligence, the offender shall be sanctioned by a fine or imprisonment of up to one year.
Article 179
Anyone who fails to comply with the prescribed occupational safety and health measures (Article 135, paragraph 3) when entering the warehouse, storage or depot of explosive devices on any grounds, shall be sanctioned by imprisonment from one to five years.
Article 180
A fine of RSD 1,500,000 to RSD 3,000,000 shall be imposed on a company, i.e. on another legal entity or a sole trader for a corporate offence, in such a company or a sole trader:
1) Develops the designs of geological explorations and final reports on the results of geological explorations, i.e. conducts geological explorations while failing to comply with the prescribed conditions for performance such operations (Article 22, paragraph 1);
2) Entrusts the management jobs in development of geological exploration designs and final reports on the results of geological explorations and the management of geological explorations contrary to the conditions prescribed (Article 22, paragraph 2);
3) Fails to conduct the geological explorations as per the design of geological explorations (Article 24, paragraph 1);
4) Fails to perform the technical control of the design of geological explorations under the conditions and in manner prescribed by the law in compliance with Article 25 of this Law;
5) Fails to provide for expert supervision of geological explorations in compliance with Article 27 of this Law;
6) Fails to perform the technical control of the final report under conditions and in the manner prescribed in Article 28 of this Law;
7) Conducts the geological explorations without the approval for exploration (Article 30, paragraph 1 and Article 31, paragraph 1);
8) Takes a larger than approved quantity of mineral raw materials for geological exploration (Article 45);
9) Fails to act in compliance with Article 50 of this Law;
10) Fails to maintain the book on the condition of resources and reserves of mineral raw materials, resources and reserves of ground water and geothermal resources or fails to deliver data about the condition of such resources and reserves (Article 53, paragraph 1);
11) Fails to conduct the applied engineering-geological and geotechnical explorations for the needs of spatial and urban planning, design and construction of buildings, mining and other facilities (Article 21, paragraph 2);
12) Conducts geological explorations without an approval for exploration (Article 30, paragraph 1 and Article 31, paragraph 1);
13) Continues geological exploration without an approval (Article 38);
14) Conducts engineering-geological and geotechnical explorations without a notification of such works (Article 32, paragraph 2);
15) Conducts geological exploration of geothermal resources for the needs of supply of heat to a family household of a natural person without a notification of such works (Article 33, paragraph 2);
16) Retains the right to exploration area without an approval, with the aim of preparing documentation for the approval of exploitation (Article 40);
17) Uses an exploitation area and resources and/or reserves of ground water and geothermal resources without an approval (Article 58);
18) Fails to provide access to a geological inspector to the business and propulsion premises or access to designs and plans, reports and other documentation describing the condition of geological works or if in some other manner obstructs the inspector’s activities during an inspection (Article 50, paragraph 1, item 14).
Article 181
A fine of RSD 1,500,000 to RSD 3,000,000 for a corporate offense shall be imposed on the company, i.e. another legal person or a sole trader, in the event of:
1) Failure to act in compliance with Article 67, paragraph 1 of this Law in the development of a mining design;
2) Entrusting of the development of mining designs and performance of technical control to a company that does not comply with the prescribed conditions referred to in Article 67, paragraph 1 of this Law;
3) Conducting of the exploitation without approvals issued in compliance with Article 68, paragraph 1 and Article 77, paragraph 1 of this Law;
4) Failure to perform the technical control of a mining design in compliance with Article 97 of this Law;
5) Construction of mining facilities and conducting of mining works without relevant technical documentation and without an approval of the competent authority (Article 101, paragraph 1 and Article 104, paragraph 1);
6) Failure to provide a notification of the works in accordance with the technical design and simplified mining design referred to in Article 105, paragraph 1 of this Law;
7) Failure to notify the mining inspector and the local self-government unit within the specified deadline of the beginning of mining works on exploitation (Article 106);
8) Any use of the facilities, premises and devices prior to acquiring of a use permit (Article 107, paragraph 1 and Article 108);
9) Failure to perform the technical inspection of the mining facility in compliance with Article 110 of this Law;
10) Failure to act in compliance with Article 112 of this Law;
11) No possession of mining plans or failure to regularly update them (Article 113, paragraph 1);
12) Designation, by means of a relevant decision, of a person that does not comply with the conditions referred to in Articles 122 and 123 of this Law;
13) Failure to organize the performance of occupational safety and health tasks, the tasks of fire protection and rescue, or a failure to obtain the required equipment or to organize the tasks of water protection and environmental protection in compliance with Articles 129, 130 and 131 of this Law;
14) Failure to maintain the book of mining supervision (Article 134, paragraph 1);
15) Mining waste management without an approval from the competent authority (Article 144, paragraph 1);
16) Failure to remediate and re-cultivate the abandoned mining facilities in compliance with Article 153, paragraph 1 of this Law;
17) Continued works after the receipt of the decision on the ban of such works prior to the removal of the identified irregularities and deficiencies in compliance with Articles 172 and 173 of this Law.
A fine of RSD 100,000 to RSD 200,000 shall additionally be imposed for the corporate offense referred to in paragraph 1 of this Article on the responsible person of the company, i.e. other legal person or sole trader.
Article 182
A fine of RSD 500,000 to RSD 2,000,000 shall be imposed on the company, i.e. another legal person or a sole trader for a misdemeanor in the event of:
1) Failure to provide for the expert supervision and other tasks (Article 27, paragraph 1);
2) Failure to deliver a copy of the study on engineering-geological and geotechnical conditions for the construction of facility, final and annual report on the results of geological exploration, i.e. the reports on the works and on the results of such works (Article 28, paragraphs 1 and 2 and Article 29, paragraph 1);
3) Failure to keep a copy of the final and annual report on the results of geological explorations in the prescribed manner (Article 29, paragraph 2);
4) Failure to provide a timely notification of the beginning of exploration works in compliance with Article 43 of this Law;
5) After having removed the deficiencies and irregularities, failure to notify the geological inspector thereof within the set deadline (Article 172, paragraph 2).
A fine of RSD 100,000 to RSD 200,000 shall additionally be imposed on the responsible person of the company, i.e. of another legal person or sole trader for the act referred to in paragraph 1 of this Article.
In cases where a geological inspector establishes that a misdemeanor referred to in paragraph 1 of this Article is committed, a mandatory fine amounting to RSD 5,000 shall be imposed on the spot on the responsible person in the company, i.e. on another legal person or sole trader.
Article 183
A fine of RSD 500,000 to RSD 2,000,000 shall be imposed on the company, i.e. another legal person or a sole trader for a misdemeanor in the event of:
1) Failure to adopt an annual operational plan within the prescribed deadline (Article 95, paragraph 1);
2) Failure to maintain the records on occurrences of hazards during the mining works, of the causes and consequences of such occurrences (Article 140, paragraph 1);
3) Failure to notify the competent authorities within the specified deadline about the suspension of works or about a fatal or group accident (Article 149, paragraph 2 and Article 175);
4) Upon the removal of deficiencies and irregularities, failure to notify the mining inspector of thereof within the set deadline (Article 173, paragraph 2);
5) Failure to provide access to the mining inspector to the business and propulsion premises or access to the designs and plans, reports and other documentation on the condition of mining works, or obstruction of the inspector’s work during the inspection in some other manner (Article 174, paragraph 2).
The responsible person of the company, i.e. of another legal person and sole trader shall additionally be sanctioned for the act referred to in paragraph 1 of this Article with a fine of RSD 100,000 to RSD 200,000.
In cases where a mining inspector establishes that the misdemeanor referred to in paragraph 1 of this Article is committed, he shell impose the mandatory fine amounting to RSD 5,000 on the spot on the responsible person of the company, i.e. another legal person or sole trader.
Article 184
A fine of RSD 5,000 to RSD 30,000 shall be imposed on a natural person for the misdemeanor comprising of washing of precious metals from alluvial deposits without an approval or for a failure to hand over the washed quantities of such precious metals to the National Bank of Serbia contrary to Article 75, paragraph 1 of this Law.
In cases where the mining inspector determines that the misdemeanor referred to in paragraph 1 of this Article is committed, he shall impose a mandatory fine of RSD 5,000 on the spot on the natural person.
Article 185
A fine of RSD 5,000 shall be imposed for an offence on the spot on a natural person, in the event of a failure to implement the occupational safety and health measures within the meaning of Article 137 of this Law.
In cases where a mining or a geological inspector determines that an offence referred to in paragraph 1 of this Article is committed, he shall impose an on-the-spot mandatory fine on the natural person in the amount of RSD 5,000.
Article 186
In cases where a mining or geological inspector imposes a mandatory fine referred to in Articles 182, 183, 184 and 185 of this Law, such inspector shall issue on the spot an order for payment of the mandatory fine, which shall be paid by the person that is subject to the inspection within the deadline determined by a special regulation governing misdemeanors.
If the person that is the subject to the inspection should fail to deliver proof of payment of the on-the-spot mandatory fine to the inspector within the deadline referred to in paragraph 1 of this Article, the inspector shall file a request for initiating misdemeanor proceedings.
XIV TRANSITIONAL AND FINAL PROVISIONS
Article 187
Companies and other legal persons, sole traders and natural persons that conducted the geological explorations and exploitation of mineral raw materials until the date of entry into force of this Law shall bring their business operations in line with the provisions of this Law within one year from the date of entry into force of this Law.
Approvals and consents that were issued on the basis of the Law on Mining ("Official Herald of RS", No. 44/95, 85/05 - other law, 101/05 - other law, 34/06 and 104/09), Law on Geological Explorations ("Official Herald of RS", No. 44/95 and 101/05 - other law) and Law on Mining and Geological Explorations ("Official Herald of RS", No. 88/11) until the date of entry into force of this Law, shall remain valid until the expiry of the validity period thereof.
Approvals for the performance of applied geological explorations of mineral raw materials that were valid on the date of entry into force of this Law, irrespective of whether the validity thereof was extended or not, shall be considered to be initially issued approvals and these may be extended under conditions and by the deadlines envisaged by the provisions of this Law.
Article 188
Persons who passed the professional exam for verification of professional competence for the tasks specified by this Law according to regulations in force at the time when such exam was taken, as well as persons to whom the right to perform certain jobs was recognized by those regulations even without any verification of their professional competencies, fulfill the conditions for performance of such jobs in accordance with the provisions of this Law as well, providing that they comply with other prescribed conditions as well.
Article 189
Proceedings initiated until the date of entry into force of this Law shall continue in compliance with the regulations based on which they were initiated.
The Ministry, i.e. the competent authority of the autonomous province shall take over from the competent authority of the local self-government unit the cases and the archive for the tasks that the authority of the local self-government unit performed as delegated tasks.
Article 190
The Geological Survey of Serbia established on the basis of the Law on Mining and Geological Explorations ("Official Herald of RS", No. 88/11) shall continue its operations as of the date of entry into force of this Law in compliance with the provisions of this Law.
Article 191
Implementing regulations for this Law shall be adopted within two years from the date of entry into force of this Law.
Article 192
Until the adoption of the regulations on the basis of authorizations from this Law, the regulations adopted on the basis of the following shall apply:
1) Law on Consolidated Method of Determining, Recording and Collecting of Data on the Reserves of Mineral Raw Materials and Ground Water and on the Balance of Such Reserves ("Official Herald of SFRY", No. 53/77, 24/86 and 17/90 and "Official Herald of FRY", No. 28/96);
2) Law on Mining ("Official Herald of RS", No. 44/95, 85/05 - other law, 101/05 - other law, 34/06 and 104/09);
3) Law on Geological Explorations ("Official Herald of RS", No. 44/95 and 101/05 - other law);
4) Law on Mining and Geological Explorations ("Official Herald of RS", No. 88/11).
Article 193
The following shall be repealed as of the date of entry into force of this Law:
1) Law on Mining and Geological Explorations ("Official Herald of RS", No. 88/11);
2) Rulebook on Conditions and Method of Transfer of Approval for Applied Geological Explorations and Approval for Exploitation of Reserves of Mineral Raw Materials and Geothermal Resources ("Official Herald of RS", No. 119/12).
Article 194
Provisions of Articles 54 through 57 of this Law shall be applied as of the date of the accession of the Republic of Serbia to the European Union.
Article 195
This Law shall enter into force on the eighth day from the date of its publishing in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments and Additions to the Law on Mining and Geological Explorations
("Official Herald of RS", No. 40/21)
Article 87
Proceedings initiated until the date of entry into force of this Law shall be completed in compliance with the regulations based on which they were initiated, except in case where the applicant requests the application of this Law in writing.
For the certificates on reserves and resources issued before the date of entry into force of this Law, the period of six years referred to in Article 36 of this Law shall begin to run from the date of entry into force of this Law, except for the certificates issued before 1 January 2000.
Article 88
The Serbian Chamber of Mining and Geological Engineers shall be established within six months from the date of entry into force of this Law.
The Minister shall, within 60 days from the date of entry into force of this Law, form the Interim Administration of the Serbian Chamber of Mining and Geological Engineers.
The Interim Administration of the Serbian Chamber of Mining and Geological Engineers shall, within 60 days from the date of its establishment, adopt the proposal of the Articles of Association of the Serbian Chamber of Mining and Geological Engineers and conduct elections for the first convocation of the Assembly of the Serbian Chamber of Mining and Geological Engineers.
The Serbian Chamber of Mining and Geological Engineers shall, no later than one year from the date of its establishment, verify the licenses of persons who acquired their licenses according to the Planning and Construction Law ("Official Herald of RS", Nos. 72/09, 81/09 - corrigendum, 64/10 - CC, 24/11, 121/12, 42/13 - CC, 50/13 - CC, 98/13 - CC, 132/14, 145/14, 83/18, 31/19, 37/19 - other law and 9/20), in accordance with the acquired rights of licensed geological engineers.
Article 89
Until the commencement of the application of the provisions of Article 14 and Article 72, paragraph 1 of this Law, the professional exam for authorization to perform jobs of technical management, expert supervision, design and other expert jobs established by the Law on Mining and Geological Explorations who acquired their licenses according to the Planning and Construction Law ("Official Herald of RS", Nos. 101/15 and 95/18 - other law), shall be taken before a commission formed by the Minister, i.e. the competent authority of the autonomous province for the candidates from the territory of the autonomous province.
Article 90
As of the date of entry into force of this Law, the Republic of Serbia shall become the holder of the results of geological explorations and certificates on reserves and resources issued before 1 January 2000, if on the basis of those certificates the holders of certificates or their successors did not receive approvals for construction of mining facilities and/or conducting of mining works and approvals for the use of mining facilities.
Article 91
The Ministry of Mining and Energy shall entrust and handover to the Geological Survey of Serbia the professional geological documentation. As of the date of entry into force of this Law, the Geological Survey of Serbia shall undertake the obligation to take care of and dispose of the documentation concerned.
Article 92
Implementing regulations for this Law shall be adopted within one year from the date of entry into force of this Law.
Article 93
This Law shall enter into force on the eighth day from the date of its publication in the "Official Herald of the Republic of Serbia", except for the provisions of Article 14 and Article 72, paragraph 1 of this Law, the application of which shall commence within one year from the date of entry into force of this Law.
PUBLISHER’S NOTE
* Provisions of Art. 157-159 and Article 160 par. 1 and 6 of the Law on Mining and Geological Explorations ("Off. Herald of RS", No. 101/2015) have ceased to be valid on January 1, 2019, the day when application of the Law on Fees for the Use of Public Goods ("Off. Herald of RS", No. 95/2018) started.
Our editorial board has implemented the amendment to Article 77 of the Law on Mining and Geological Explorations ("Off. Herald of RS", Nos. 101/2015 and 95/2018 - other law - hereinafter: the Law) which is prescribed by Article 53, paragraph 8 of the Law on Amendments and Additions to the Law on Mining and Geological Explorations ("Off. Herald of RS", No. 40/2021 - hereinafter: the Law on Amendments) as prescribed by the Law on Amendments, regardless of the content of Article 53, paragraph 11 of the Law on Amendments, which stipulates that in the hitherto paragraph 4, which becomes paragraph 5 of Article 77 of the Law, the number: "12)" shall be replaced by the number: "11)", without renumbering the items in paragraph 2 of Article 77 of the Law.