Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian Government of the Republic of Lithuania R E S O L U T I O N No. 810 On the Provision of the Subsurface for Exploration and Production of Mineral Deposits Vilnius, 28 October 1992 Aiming to codify the exploitation and protection of the deposits of the subsurface the Government of the Republic of Lithuania r e s o l v e s:

1. To set up the Council of the Exploitation of Mineral Deposits: J. Laiconas (Chairman of the Council) Deputy Minister of Construction and Urban Development R.Barcevièius Deputy Minister of Trade and Industry S.Deveikis Head of Department, Ministry of Agriculture V.Gasiûnienë Expert-Specialist of Research Department, State Geologic Agency R.Gradauskas Executive Director, Motor Roads Directorate, Ministry of Transport A.Motulas Director of Economic Structure Department, Ministry of Economy K.Þala Deputy Director General, Department of the Environmental Protection of the Republic of Lithuania
2. To instruct the Council of the Exploitation of Mineral Deposits: 2.
3. to coordinate preparation and implementation of the programme of the use of the subsurface; 2.
4. to organize tenders of unexploited solid mineral deposits assigned to the public reserve and explored from the state fund; to submit the appropriate proposals to the Government of the Republic of Lithuania in the event of dispute on the exploitation of deposits.
5. To determine that natural and legal persons may explore and exploit the subsurface provided they have a permit (licence) to undertake this economic activity. Pursuant to the legislation, permits (licences) are issued: 3.
6. to foreign capital enterprises or to joint ventures with foreign capital participation as resoluved by the Government of the Republic of Lithuania; The Government of the Republic of Lithuania considers the issue of permit (licence) issuance upon recommendation by the Council of the Exploitation of Mineral Deposits. 3.
7. to natural and legal persons of the Republic of Lithuania upon the decision of the State Geology Service.
8. To approve the attached: 4.
9. the Statutes of the provision of the subsurface for exploration and production of mineral deposits; 4.
10. the Regulations of the Council of the Exploitation of Mineral Deposits.
11. To endorse in essence the draft regulations of the tender procedure drafted by the State Geology Service on the provision of solid mineral deposits assigned to the state reserve for the production and provision of the evaluated deposits for exploration and to instruct the Council of the Exploitation of Mineral Deposits to adopt them.
12. To bring under the notice the procedure of oil prospecting, exploration and production in the Republic of Lithuania as established upon Resolution No. 169 On the Acceleration of Oil Production and Processing adopted on 16 March 1992 by the Government of the Republic of Lithuania (News, 1992, No. 16-434)
13. To establish that in the Republic of Lithuania the following solid mineral deposits sand (excluding silica sand), gravel, clay, dolomite, opoka, anhydride, gypsum, marl, peat, sapropel, salt and construction soil (loamy sand and loam) are regarded as solid mineral deposits provided for exploration and exploitation under the procedure established therein. Fields of mineral waters are also to be explored and provided for utilisation upon the procedure established herein.
14. To instruct the State Geology Service to draft regulations on the prospecting, exploration and extraction of amber by 1 March
16. To establish that unexploited solid mineral deposits explored from the public budget and assigned to the public balance are provided for exploitation to foreign companies, joint ventures with foreign capital participation and to legal and natural persons of the Republic of Lithuania in accordance with the tender procedure, except for the cases when: 9.
17. the tender does not take place due to insufficient number of participants registered for the tender; 9.
18. the reserves do not exceed 300 thousand cubic meters. 9.
19. deposits are located in the vicinity of the existing roads or in areas where road construction is planned and these deposits are suitable for the construction or reconstrucion of the roadbed (motor road deposits)
20. To establish that: 10.
21. the right to explore the evaluated deposits of the category C2 exceeding 300 thousand cubic meters is provided by regional boards to foreign companies, joint ventures with the participation of foreign capital and to natural and legal persons of the Republic of Lithuania in accordance with the tender procedure. In the event of positive exploration results, these enterprises or natural and legal persons are granted the right to use the explored deposit for an established period of time. Upon receipt of an application in writing, regional boards provide all other sites for prospecting and exploration. Regional boards also assign unexploited deposits that are less than 300 thousand cubic meters and are part of the state reserve. 10.
22. During the time period of the utilisation of the deposit natural and legal persons either pay taxes on the utilisation of natural resources or are exempt from taxes in accordance with the order established by the laws of the Republic of Lithuania. 10.
23. Land owners and other land users may excavate raw construction materials for household purposes (not for sale) without holding a licence (permit) for this type of economic activity or without holding an act providing for an excavation site or a land lot, provided no explosions are carried out, digging does not go below 2 meters, and the land lot does not exceed 0.5 hectars.
24. To instruct State Geology Service in cooperation with the Department of the Environmental Protection of the Republic of Lithuania to examine by 1 June 1993 deposits held by various agencies which had been explored with the use of state funds and had been assigned to the state balanse. The deposits not specified in the project of excavation and recultivation works to be drafted by 31 December 1992 are to be assigned to the state reserve. Prime Minister Aleksandras Abiðala Approved by Resolution No. 810 of 28 October 1992 of the Government of the Republic of Lithuania Regulations on Provision of Solid Mineral Deposits for Exploration and Production General Provisions
25. The subsurface is provided for exploration and production according to the procedure established by the laws, resolutions of the Government of the Republic of Lithuania and regulations thereof.
26. These regulations are obligatory to all natural and legal persons exploring and exploiting mineral resources of the subsurface and projecting production of mineral deposits.
27. Natural and legal persons may explore and exploit mineral deposits of the subsurface upon the receipt of permit (licence) for this type of economic activity according to the established procedure only.
28. Sand (excluding silica sand), gravel, clay, dolomite, opoka, anhydride, gypsum, marl, peat, sapropel, salt and construction soil (loamy sand and loam) are regarded as solid mineral deposits of the subserface of the Republic of Lithuania provided for exploration and production according to the procedure established herein.
29. Solid mineral deposits are views to be ready for production if the amount and quality of the explored mineral resources are approved by the State Commission of Natural Resources over the period of the registered geologic works; excavation sites and land lots are provided according to the established procedure and the project of their exploitation and recultivation works is approved by the Department of the Environmental Protection of the Republic of Lithuania.
30. The decision of the State Commission of Natural Resources is formalized by the protocol. It also defines who finances geologic research (exploration) works.
31. Upon the receipt of acts providing for excavation sites and land lots according to the established procedure natural and legal persons acquire the right to provisionally use the territory (deposit ) of an excavation site.
32. Excavation site is an explored and geometrised part of the subsurface comprising the amount of solid mineral deposits approved by the State Commission of Natural Resources and the occupied land allotted to the user.
33. A land lot is an area of land surface comprising a part of excavation site assigned for the annual production of mineral deposits and land recultivation after the excavation is completed. Boundaries of a land lot and excavation site usually coincide if a land user (owner) and a user of an excavation site is the same person.
34. Boundaries of an excavation site have to correspond to the contours and area of the balance resources approved by the protocol of State Commission of Natural Resources. Boundaries of a quarry lot going beyond 5 meters may be expanded due to quarry slopes formation (as specified in the protocol).
35. Natural and legal persons who financed registered geologic exploration works of a deposit with the approval of the resources by the State Commission of Natural Resources may gain access to the information (report, core) on geologic issues without a time limit. This information is also to be submitted to the State Geology Service which guarantees its confidentiality for a certain period of time, but not longer than for 5 years since the beginning of works.
36. The right to exploit a deposit is terminated with respect to all natural and legal persons. Either natural or legal person is deprived of the right on an excavation site if excavation of a deposit is not initiated within 3 years upon receipt of the act providing for an excavation site exploitation of which does not require capital installations for raw material processing (in case capital installations for raw material processing are necessary, a 5 years period of time, and in exceptional cases - a 7 years period of time is provided). The overall duration of the exploitation of an excavation site is specified in the project (depending on the volume of production and the amount of resources).
37. The State Geology Service and the Department of the Environmental Protection control the duration of the exploitation of deposits.
38. Upon deprivation of the right on the exploitation of a deposit, information on the deposit becomes the property of the state. Expenditures of the acquisition of the resources for natural and legal persons are not subject to compensation.
39. The unexploited solid mineral deposits explored from the public budget and assigned to the state balance and transferred from the enterprise fund to the state fund after inspection is completed are allotted to all natural and legal persons by way of competition.
40. The competition is announced and carried out by the Council for Exploitation of Mineral Deposits.
41. The subsurface is also provided for the exploration of the C2 category evaluated solid mineral deposits by way of competition. It is necessary to submit an application to the regional board and obtain the principle approval of the regional manager, the land management service, the environmental protection service and the cultural heritage service which guarantee the provision of the explored deposit (excavation site). The earlier explored and presently deleted from the state balance deposits (as insufficiently explored or for other reasons) are equated with the evaluated deposits.
42. If the evaluated deposit which is liable to competition is adjacent to the deposit under exploitation or one to be exploited, its user enjoys the priority right thereon.
43. The subsurface is provided for prospecting and exploration (financed either by a natural or a legal person) of solid mineral deposits in the unevaluated sites according to the application coordinated with the land management service, the user, Environmental Protection Service and Cultural Heritage Service and approved by the regional manager and submitted to the regional board. If a land lot where the works are planned is a private property the permission of a land owner is required.
44. In the event of public need the issue is submitted for consideration to the Council of Exploitation of Mineral Deposits if the officials of the regional board and of the exploitation of the subserface and auditors do not coordinate issues on the application for the exploration of mineral deposits. The regional manager and the land owner are to be present at the discussion.
45. The exclusive right to receive the act providing for excavation site is granted according to the established procedure to natural and legal persons who financed geologic research (exploration) works in the provided site or deposit upon the approval of the resources by the State Commission of Natural Resources.
46. Information on geologic issues necessary to draft application is at the disposal of State Geology Service.
47. If registered geologic exploration works are carried out in the construction ground deposits (loam and loamy sand), either in the sand deposits or gravel and sand deposits less than 1 ha as well as in the motor road deposits less than 300 thousand cubic meters, the generalized results (without the approval of the resources by the State Commission of Natural Resources) are enough to draft technical documentation on quarry exploitation and the regional board may provide a land lot.
48. If the provided excavation site covers the area where mineral deposits extend, the present owner of the excavation site enjoys the priority right to additionally explore and expand the deposit.
49. The allotment of the excavation site does not give the right to excavate mineral deposits; the project of the exploitation and recultivation of a deposit and the act providing a land lot is required ( the latter is not necessary if that land belongs to the landowner upon the private property right). Provision of Excavation Sites
50. With a view to obtain an excavation site natural and legal persons who financed geological research (exploration) of a deposit or acquired the deposit explored from the state fund have to submit the respective documents to the State Geology Service according to the established procedure.
51. In case considerable changes in quality, excavation conditions and size of a deposit are established during the exploration period, additional coordination with the regional board or the Council for Exploitation of Mineral Deposits is required.
52. After coordinating the matter with the Department of the Environment Protection of the Republic of Lithuania, the State Geology Service within five days legalizes the excavation site by the act providing for the excavation site which is produced in three copies. One copy is presented to the regional board, the second - to the Department of the Environment Protection of the Republic of Lithuania, and the third - to the natural or legal person who acquired the excavation site.
53. If the resources were not confirmed by the State Commission of Natural Resources (this case is provided in paragraph 23 herein), the land lot is provided by the decision of a regional board upon presentation of the technical documentation of the quarry exploitation drafted on the basis of generalized results of the geological works. The regional board informs the State Geology Service and the Department of the Environmental Protection of the Republic of Lithuania about the provided site.
54. Natural or legal persons who acquired the excavation site (except by way of competition) may renounce or transfer it to other persons upon the agreement of the regional board only, which, in its turn, informs the State Geology Service and the Department of the Environmental Protection of the Republic of Lithuania thereon. Provision of a Land Lot
55. Natural or legal persons holding the act providing for an excavation site may draft a project of a deposit exploitation and recultivation after coordinating the initial location of the object according to the established procedure.
56. With a view to obtain a statement of an object location natural or legal persons submit a relevant application and a plan of an excavation site (sc. 1:10000), indicating the desirable land lot and other necessary data to the regional board.
57. The regional board forms a commission which draws up a statement of an object location according to the established procedure.
58. The project for exploitation and recultivation of the deposit is to be coordinated at the Department of Labour Safety under the Government of the Republic of Lithuania as well.
59. The Department of the Environmental Protection of the Republic of Lithuania approves the project of the deposit exploitation and recultivation and registers the excavation site. If necessary, an ecological examination of the project is carried out.
60. After the project of a deposit exploitation and recultivation is coordinated and approved according to the established procedure natural and legal persons must prepare a project of a land lot. The project providing a land lot is legalized by a Directive of the Government of the Republic of Lithuania or a decision of the regional board. Revocation of Rights on Exploitation of the Subserface for Production of Mineral Deposits and its Control
61. The exploitation and protection of mineral deposits are controlled by the Department of the Environmental Protection of the Republic of Lithuania, and their registration is managed by the State Geology Service.
62. The Department of the Environmental Protection of the Republic of Lithuania controls the condition of the damaged land lots, and supervises whether excavation and environmental protection are carried out in compliance with the project of a deposit exploitation and recultivation. Land recultivation works are carried out according to the mine survey data after coordinating them with the State Geology Service.
63. The right to exploit the subserface may be revoked: 39.
64. upon the bankruptcy of a natural or legal person to whom the deposit was provided; 39.
65. in an ecological emergency situation; 39.
66. in case excavation site is to be used for public needs; 39.
67. in case of severe breaches of taxation procedure; 39.
68. in case of severe breaches of the main exploitation requirements of the mineral deposit; 39.
69. if paragraph 12 of these Regulations is breached or the resources are unreasonably closed down. Approved by Resolution No 810 of 28 October 1992 of the Government of the Republic of Lithuania Statute of the Council for Exploitation of Mineral Deposits General Provisions
70. The main objectives of the Council for Exploitation of Mineral Deposits are to ensure a more rational use of mineral deposits of the Republic of Lithuania with respect to promising technology, ecological conditions, arising needs of the domestic and foreign markets, and to guarantee the participation of the most technically and financially capable natural or legal persons of the Republic of Lithuania and foreign enterprises or joint ventures in exploring, producing and processing mineral deposits.
71. The Council carries out the following functions: 2.
72. coordinates the development and implementation of the programme of the exploitation of the earth interior; 2.
73. settles issues pertinent to the unexploited mineral deposits assigned to the state balance provided for exploitation to natural or legal persons of the Republic of Lithuania and foreign enterprises or joint ventures; 2.
74. settles disputes between natural or legal persons willing to explore the deposit and the regional board if the latter expresses the objections regardless of the public need to exploit the resources of subserface.
75. The Council carries out its activities in compliance with the Constitution of the Republic of Lithuania, other respective legislation of the Republic of Lithuania, resolutions and directives of the Government of the Republic of Lithuania, the Regulations on Provision of the Subsurface for Exploration and Production of Solid Mineral Deposits, and this Statute.
76. The Council examines the disputable questions concerning suspension and termination of the right to exploit deposits, and the transfer of this right to other natural or legal persons. Composition of the Council and Organization of Work
77. The Government of the Republic of Lithuania decides on which ministries and state agencies are to be represented in the work of the Council for the Exploitation of Mineral Deposits. These are as follows: the Ministry of Construction and Urban Development, Ministry of Economics, Ministry of Industry and Trade, Ministry of Communications, Ministry of Agriculture, the Department of the Environmental Protection of the Republic of Lithuania, and the State Geology Service. The representative of the Ministry of Construction and Urban Development is appointed chairman of the Council. Representatives of the concerned regions participate in the work of the Council work as well.
78. The Council is headed and its work is organized by the Chairman or a Council member authorized by the Chairman.
79. The Council adopts all decisions by concensus.
80. The decision of the Council is registered in the protocol and comes into force seven days after it is adopted. Rights of the Council
81. The Council enjoys the right: 9.
82. to have access to the information needed to carry out its functions from the ministries, state agencies, and also from natural and legal persons who explore and exploit solid mineral deposits; 9.
83. within its terms of reference to settle issues pertinent to geologic exploration, exploitation and protection of the subsurface.