ORDER

No.382 dated 20/05/2011

ON APPROVING THE FORM, CONTENT AND PROCEDURE ACT Findings leaving ON ADMINISTRATIVE IMPLEMENTATION IN MINING PERMIT

Pursuant to Article 102 paragraph 4 of the Constitution of the Republic of Albania and article 45, paragraph 3 and Article 56 paragraph 2 of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”

ORDER:

1. The structures responsible for supervising and monitoring mining activities are Albanian Geological Survey (SHGJSH), the National Agency of Natural Resources (AKBN) and the Department of Inspection and Rescue Mining (RISHM).
2. The organization and functions of these institutions are established by law or the Council of Ministers.
3. Responsible agencies have the right to carry out inspections for monitoring the observance of the provisions of the mining legislation, to leave office, to take administrative measures or propose taking them from ministry.
4. Responsible agencies have the right to request information from the holder of the permit whenever there is reasonable suspicion that he uses harmful practices research, exploration or exploitation of minerals and their treatment, observance of environmental standards accepted or that he runs Working operations contrary to those prescribed in the approved project, and any other data, to calculate the financial obligations, that owner under this law.
5. During the inspection of a mining permit holders, responsible workers of the structure must immediately leave the act of finding the violation found by describing the violation.
6. The act of finding reflects the audit work carried out by the responsible body, the identification of legal violations that constitute an administrative offense in the development of mining activities in the implementation of mining legislation.
7. The act of finding specialists and complemented by inspectors after each control structure responsible performing of any violations they witness on the subject of mining, by clearly describing the violation and the amount of fine to impose.
8. Act of finding held in triplicate, which signed by persons performing representative control and legal, technical and administrative personnel of the entity controlled. If a representative of the entity does not sign, noted the word “rejected”. A copy of the determination is left to the subject, a copy is sent to the holder of the relevant structure, a copy is kept by employees who perform the act of observation.
9. Form of the act of determination, its implementation procedures set out in Annex 1 attached to this order.
10. Sanctions imposed by the structure responsible employee not later than thirty (30) calendar days from the date of determination of violation and recognition of offenders, and offenders are notified in writing.
11. Subject, to whom is imposed administrative measures, has the right to appeal to the structure responsible, according to the legislation.
12. The fine shall be paid within thirty (30) calendar days of its notification, unless the decision to grant it has been suspended by the legislation in force.
13. Carry out a second time by the same entity, the violations set forth in the letters “d” and “e” of paragraph 1 of this Article, shall be punished with a fine of twice the anticipated and may be associated with the suspension of the mining permit to fulfilling the obligation.
14. Carry out a second time by the same entity, the violations set forth in the legislation for mining activity, punishable by double the fine and may be associated with the suspension of mining permits until the completion of the obligation under the provisions of this legislation.
15. responsible mining sector structures provide building and information to its employees about the responsibilities and tasks that need to realize and perform for the identification of legal violations in mining activities that constitute an administrative offense, the manner and extent of their punishment.
16. The structures responsible mining sector, experts and inspectors of each structure, pursuant to a legal obligation and state authority, with periodic program or special planning, exercise checks on each mining activities to realize the supervision and monitoring of mining activities and findings violations that constitute an administrative offense pursuant to the mining permit.
17. The Heads of the respective structure at the beginning of each calendar year schedule controls mining entities equipped with active mining permits during that calendar year and send it for approval in METE. Each control is possible only with the consent or authorization of the owner.

Excluded here control cases for cases of accidents where employees determined should be immediately subject.

18. Special controls or special realized when:
19. a) submitted a special rrethan a mining entity, or complaints, that entity carries out mining activities contrary to the requirements of the mining legislation in force;
20. b) when mining facilities are not put to work under the terms of a mining permit or annual development program of works;
21. c) in cases avarish;
22. d) in case of dispute;
23. e) in cases where the estimated failure of tasks given by the responsible body;
24. f) at the request of the holder of the mining permit;
25. g) on ​​the orders of the superior state bodies.
26. In case of accidents, employee structures according to their charge should be at the scene immediately.
27. Department responsible for mining activities in the Ministry monitors the activity of the control of the responsible institutions under the Ministry.
28. Department responsible for mining activities in the Ministry, in view of the nature or problems encountered during the development of mining activities, coordinates the complex control group, with representatives of some institutions specialist addiction, established by special order of the Minister.
29. To respect the safety standards and protection of the health of workers, administrative contraventions, sanctions and their punishment by fine ascertained by the head and RISHM’s inspector pursuant to Law nr.8741, dated 15.2 .2001 “for safety in mining activities”, the Council of Ministers decision no.37, dated 01.28.2002 “On the organization and functioning of RISHM’s” and internal rules of RISHM’s approved by the Minister.

MINISTER OF ECONOMY, TRADE AND ENERGY

Nasip Naco

ANNEX 1

NTA Findings

FOR ADMINISTRATIVE DUTIES IN IMPLEMENTATION OF PERMIT MINING IN THE REPUBLIC OF ALBANIA

MINING ACTIVITIES I.

LAWFUL

ILLEGAL

1. INFORMATION ON MINING PERMIT HOLDERS
2. a) Name of the entity according to QKR:
3. b) Identification of the mining permit, the prospecting mining permit / exploitation / exploration-exploitation of minerals group No., date / /
4. c) Name and surname of the holder of the permit:
5. d) Type of ore for which the permit is granted:
6. e) Address of the subject:

County district

1. f) Name and surname of the administrator:
2. g) Phone No. / fax:

Address, center subsidiary

1. h) Name of the local government unit where the activity is performed:
2. i) Name and surname of the technical:
3. j) Date of completion of the technical professional license:

III. CONTROL

1. Date of commencement of control for establishing administrative offenses ../…/20__
2. The date of completion of the examinations, breaches and notification ../…/20__
3. Representative of the recipient subject to the control and notification
4. PERFORMS CONTROL FOR ESTABLISHING-ADMINISTRATIVE OFFENCES

Responsible structure (SHGJSH / AKBN/ RISHM)

Adjective structure responsible work position

1

2

3

4

5

1. TARGET CONTROLLED, THE TYPE OF INSPECTION (PROGRAMMED, SUBJECT TO THE CASE OF ACCIDENTS).
2. DESCRIPTION OF CONTROL CARRIED OUT AND VIOLATIONS.

VII. LEGAL ASSESSMENT OF MINING ACTIVITIES ADMINISTRATIVE INFRINGEMENT

Description of the first infringement:

15. a) It violated the law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” in the article, points
16. b) It violated the decision of Council of Ministers no, date … / … / Article …., point
17. c) It violated the order of the Minister no, date… / … / Article …., point
18. d) It violated the order of the Minister no, date… / … / Article …., point
19. e) It violated the obligation of a mining permit with the following description:
20. f) Take measures
21. i) Penalties in value,
22. ii) Suspension for a period of time, asking for a violation adjustment period

iii) Proposal to revoke the mining permit

Description of the second infringement:

15. a) It violated the law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” in the article, points
16. b) It violated the decision of Council of Ministers no, th … / … / Article …., point
17. c) It violated the order of the Minister no, th … / … / Article …., point
18. d) It violated the order of the Minister no, th … / … / Article …., point
19. e) It violated the obligation of a mining permit with the following description:
20. f) Take measures
21. i) Penalties in value,
22. ii) Suspension for a period of time, asking for a violation adjustment period

iii) Proposal to revoke the mining permit

….

VIII. SIGNING OF THE ACT OF FINDINGS

Findings subject offenses punished for minor mining

Adjective structure responsible sign Mining permit possessor Sign

Adjective structure responsible sign Administrator Sign

Adjective structure responsible sign Manager sign