DECISION No.440, dated on 16.06.2011 ON APPROVING THE FORM, THE CONDITIONS OF RETURN AND WAY OF CALCULATION OF FINANCIAL GUARANTEES FOR REHABILITATION OF ENVIRONMENT FOR IMPLEMENTATION OF THE PROGRAMME OF WORK AND MINIMUM INVESTMENT FOR IMPLEMENTATION
DECISION
No.440, dated 16.6.2011
ON APPROVING THE FORM, THE CONDITIONS OF RETURN AND WAY OF CALCULATION OF FINANCIAL GUARANTEES FOR REHABILITATION OF ENVIRONMENT FOR IMPLEMENTATION OF THE PROGRAMME OF WORK AND MINIMUM INVESTMENT FOR IMPLEMENTATION
Pursuant to Article 100 of the Constitution and Articles 31, paragraph 6, 56, paragraph 1 of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”, proposed by the Minister of Economy, Trade and Energy, the Council of Ministers
DECIDED:
- Albanian Geological Survey (SHGJSH) estimates the final rehabilitation plan environment for exploration permits and calculates the monetary value of the mandatory financial guarantees, general and annual plan for the implementation of environmental remediation, based on value general financial guarantee for environmental rehabilitation, the years of the life of the mining permit, the amount of geological work scheduled to be carried out each year and submit for approval to the Minister. This value is determined in the decision of the technical committee of SHGJSH’s approval of the plan of mining operations.
- The total amount of the financial guarantee for environmental rehabilitation, for final exploration permits is calculated as cash rebates to finance activities for the realization of the closure of the geological exploration of the progressive rehabilitation, of the final environmental rehabilitation permitted mining area and that used by the entity for the development of mining activities.
- The National Agency of Natural Resources (AKBN) estimates the final rehabilitation plan of environmental permits and exploitation permits exploration-exploitation and calculates the monetary value of the mandatory financial guarantees, annual general and to the implementation of the rehabilitation plan environment based on the total value of the financial guarantee for environmental rehabilitation, the years of the life of the mining permit, the quantity of ore scheduled to be exploited every year and sends it for approval to the Minister. This value is determined in the decision of the technical AKBN approval of the plan of mining operations.
- The total value of final financial guarantee for environmental rehabilitation for the exploitation permits and permits exploration-exploitation is calculated as cash rebates to finance activities for the realization of mine closure and / or career, closure and rehabilitation square waste disposal, remediation final progressive environmental rehabilitation of mining permit area and that used by the entity for the development of mining activities.
- The monetary value of the financial guarantee for environmental rehabilitation of mining permits for the first year will be equal to the total value of the financial guarantee for environmental rehabilitation of the length divided by years of mining permits approved. The mining permit holder presents NLC counters the guarantee for implementing environmental remediation for the first year, within the deadlines set in the Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”
- For the second year onwards, permits mining exploration, this warranty will be reassessed by SHGJSH-General in accordance with the amount of geological work planned to be undertaken in the plan, if the amount is more greater than the amount programmed in the project development of the mining activity. This annual financial guarantee deposited together with the annual plan of the mining activity and no later than thirty (30) calendar days after the end of the year to calculate the effective date of receipt of mining permits.
- For the second year onwards, for mineral exploitation licenses and permits exploration-exploitation this guarantee will be reassessed by AKBN, according to the amount of ore planned to be used in the annual plan, if this amount is greater than the amount programmed in the project development of the mining activity. This annual financial guarantee deposited together with the annual plan of the mining activity and no later than thirty (30) calendar days after the end of the year to calculate the effective date of receipt of mining permits.
- Form of financial guarantee environmental rehabilitation defined in Appendix 1, attached to this decision.
- If the document appear as financial guarantee environmental rehabilitation within the period provided in paragraph 5 of this decision, the approval of a mining permit revoked automatically assessed.
- If the document appear as the annual financial guarantee environmental remediation within the period provided in paragraphs 6 and 7 of this decision, the procedure to revoke the mining permit.
- Holders of mining permits to exploration, not later than August 28, 2011, must submit to the institution of SHGJSH’s, for review and approval, the total value of the financial guarantee for the realization of the final rehabilitation plan environment. SHGJSH shall establish, not later than thirty (30) calendar days, the outstanding value of such security on the basis of the date of issuance of mining permits and duration of mining permits.
- Holders of mining exploitation permits and exploration-exploitation, no later than August 28, 2011, submit to the institution AKBN, for review and approval, the total value of the financial guarantee for the implementation of the plan of the final environmental rehabilitation. AKBN sets, no later than thirty (30) calendar days, the outstanding value of such security on the basis of the date of issuance of mining permits and duration of mining permits.
- The value of unpaid financial guarantee to implementation of the final environmental rehabilitation evenly distributed annually, payable in the remaining period of the mining permit. The mining permit holder pays this amount every year, on the annual value of the financial guarantee for the realization of the environmental rehabilitation plan.
- The value of the financial guarantee to implementation of the final environmental rehabilitation of mining permits mining permit holder returns after the plan’s final environmental rehabilitation. Control in the field of implementation of the rehabilitation plan is carried out by AKBN, permits exploitation and exploration-exploitation, and the AGS Union for exploration permits.
Rehabilitation is considered complete only after approval by the Minister of the report drawn up for this purpose, by AKBN or SHGJSH Union. Approval notified in writing of the holders of the mining permit, restoring a guarantee to implementation of the final environmental rehabilitation.
- Exploration permits, the Albanian Geological Service estimates the minimum work program, which is part of the development of the mining activity, and calculates the monetary value of the mandatory financial guarantees and annual general program implementation minimum job based on the evaluation of geological works of exploration, which is required to carry a minimum of every holder of a mining permit for the exploration permit assessment of the mining area and submit it for approval to the Minister. This value is determined in the decision of the technical committee of SHGJSH’s approval of the plan of mining operations.
- The monetary value for the first year will be equal to the value of geological works approved, the minimum each holder of the mining permit exploration realizes this year and to allow assessment of the mining area, submitted by the holder of counters permit QKL document financial guarantee for the realization of the minimum work program within the limits specified in Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”.
- For the second year this guarantee will be equal to the value of geological works approved, the minimum each holder of the mining permit exploration will implement this year to evaluate the permitted area. This annual financial guarantee deposited together with the annual plan of the mining activity and no later than thirty (30) calendar days after the end of the year to calculate the effective date of receipt of mining permits.
- The form of this financial guarantee set out in Annex 2 attached to this decision.
- If the document appear as financial guarantee for the realization of the minimum work program within the period provided in paragraph 16 of this judgment, the decision to permit the approval of mining exploration revoked automatically assessed.
- If the document appear as financial guarantee of the second year of implementation of the minimum work program within the period provided in paragraph 17 of this judgment, the procedure to revoke the mining permit.
- The value of the financial guarantee for the implementation of the minimum work program of exploration permits is reduced every six (6) months during the implementation of the minimum work program, with a value equal to the amount spent by the holder of a mining permit over implementation of its program of work during the semester. SHGJSH-estimates documentation and on-site implementation of expenditure in accordance with the programmed activities in the work program approved minimum. Return Guarantee for 6-month period becomes effective in accordance with the declaration in writing, every six months, conducted by SHGJSH Union for the holder of a mining permit.
- Permits exploitation and exploration-exploitation, a National Agency of Natural Resources estimates the investment program that is part of the development of the mining activity, and calculates the monetary value of the mandatory financial guarantees and annual general realization investment based on the total value of investment of years of investment and / or value of the investment programmed for each year and submit it for approval to the Minister. This value is determined in the decision of the technical committee for approval of the plan of the mining activity.
- The total value of financial guarantee of the investment permits exploitation and exploration-exploitation is defined by the project development of the mining activity and includes financial coverage for the realization of investments foreseen to be realized by the applicant for a mining permit .
- The monetary value for the first year is 10% of the investment foreseen for this year in the project of development of the mining activity, and the permit holder must submit to counters QKL document financial guarantee of the investment within the time specified in Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”.
- For the second year onwards, this guarantee is 10% of the investment provided for in the annual program of development of the mining activity, which is prepared in accordance and harmonized in time the rights and obligations stipulated in the permit his mining each year, according to the project of development of the mining activity. This annual financial guarantee deposited together with the annual plan of the mining activity and no later than thirty (30) calendar days after the end of the year to calculate the effective date of receipt of mining permits.
- The form of this financial guarantee set out in Schedule 3 attached to this decision.
- If the document appear as financial guarantee of the investment within the period provided in paragraph 24 of this decision, the approval of a mining permit revoked automatically assessed.
- If the document appear as the annual financial guarantee investment within the timeframe envisaged in paragraph 25 of this judgment, the procedure to revoke the mining permit.
- The value of financial guarantee of the investment permits exploitation and exploration-exploitation at the end of the year returns to work, calculated according to the effective date of the issuance. The value returned is equal to the value of investment to realize the value of investment 90 per cent spent by the holder of a mining permit in the implementation of its investment program during that year. AKBN documentation and on-site estimates the expenditures in accordance with the programmed activities in the approved investment program. Return guarantee becomes effective for annual periods in accordance with a written statement, every 1 (one) year, conducted by AKBN holder of the mining permit.
- Upon completion of remediation, allowing mining area returns to its previous status.
- The Ministry of Economy, Trade and Energy to implement this decision.
This decision shall enter into force after its publication in the Official Journal.
PRIME
Sali Berisha
ANNEX 1
FORM OF BANK GUARANTEE FOR THE IMPLEMENTATION OF THE ENVIRONMENTAL REHABILITATION PLAN
(For any mining)
.____ Ref Date
With this document we certify that (name of the holder of the mining permit) shed near (name of bank, address) the sum of (amount in figures and words) as bank guarantee for the implementation of the plan environmental remediation for the year (year covering the guarantee) for the mining permit no, date / / (type of permit) for ore (name of ore / minerals) to the mining facility (place of the permitted mining area).
The Bank undertakes to pass on account of (name of the ministry that covers the mining activity) this bank guarantee if:
- The holder of a mining permit mining activity without realizing abandon its obligations to the final environmental rehabilitation of mining permit area specified in the mining permit, its specific conditions and rehabilitation plan of the mining area.
- The holder of a mining permit mining activity without realizing abandon its obligations to the final environmental rehabilitation of the area used for mining activities outside the mining permit.
- The mining permit holder fails to perform, fully or partially, in the rehabilitation of the waste disposal site.
- The holder of the mining license fails to perform, fully or partially, to the realization of the plan of activities for the closure of mining activity.
- The holder of a mining permit undermines the purpose and / or the environment accidentally during performance of his mining activities.
- The holder of a mining permit undermines the purpose and / or accidental Square mining waste disposal in realizing his mining activities.
With the introduction of the first written request by (name of the ministry that covers the mining activity), without asking explanations, provided that the application of non-fulfillment of one of the mentioned above conditions.
This guarantee is valid until the date (period of guarantee in life expectancy mining permit).
Signature and stamp of the bank
ANNEX 2
FORM OF BANK GUARANTEE FOR THE IMPLEMENTATION OF THE WORK PROGRAMME MINIMUM
(For permits mining exploration)
With this document certify that (name of the holder of the mining permit) shed near (name of bank, address) the sum of (amount in figures and words) as bank guarantee for the implementation of the minimum program of work for the year (year covering the guarantee) for mining permit exploration No. …… dated … / …. / … for ore (name of ore / minerals) to the mining facility (the place where the permitted mining area).
The Bank undertakes to pass on account of (name of the ministry that covers the mining activity) this bank guarantee, if:
- The holder of a mining permit fails to perform, fully or partially, in the implementation of the minimum program of his work permit mining exploration.
With the introduction of the first written request by (name of the ministry that covers the mining activity), without asking explanations, provided that the application of non-fulfillment of the condition mentioned above.
This guarantee is valid until the date (period of guarantee by the implementation deadline of minimum work program.
Signature and stamp of the bank
ANNEX 3
FORM bank guarantee of the investment
(For permits mining exploitation and exploration-exploitation)
With this document we certify that (name of the holder of the mining permit) shed near (name of bank, address) the sum of (amount in figures and words) as bank guarantee for the realization of the investment program for the year (year covering the guarantee) for mining exploitation permit and / or exploration-exploitation no … .. dated …. / …. / …. for ore (name of ore / minerals) to the mining facility (the place where the permitted mining area).
The Bank undertakes to pass on account of (name of the ministry that covers the mining activity) this bank guarantee, if:
- The holder of a mining permit fails to perform, fully or partially in the realization of the investment program for its mining permit mining and / or exploration-exploitation.
With the introduction of the first written request by (name of the ministry that covers the mining activity), without asking explanations, provided that the application of non-fulfillment of the condition mentioned above.
This warranty is valid for a period of one year to date (30 calendar days after the effective date of the mining permit).
Signature and stamp of the bank