ORDER

No.478, dated 27.06.2011

APPROVAL OF DECISIONS FORM AND CONTENTS OF TECHNICAL ADVICE AGS’S INSTITUTIONS AND NANR’S ON MINING PERMIT APPLICATIONS FOR EXTENSION OF THE TERM OF MINING LICENSES AND PERMITS CONVERSION OF MINERAL EXPLORATION IN THE MINING PERMIT USE

Pursuant to Article 102 paragraph 4 of the Constitution of the Republic of Albania, Article 43, paragraph 2, letter “e” of the Law No.10 304 dated 15.07.2010 “On the mining sector in the Republic of Albania”, and paragraphs 4 and 10 , letter “A2” and “B2” the decision of the Council of Ministers no.942, dated 17.11.2010 “On approval of procedures and documentation for obtaining mining permits in open areas”

ORDER:

1. The form and content of the decision of the Technical Council of the institution of the Albanian Geological Survey (SHGJSH), for any new application for mining permit exploration in Appendix 1 of this order.
2. Form and content of the decision of the Technical Council of the institution of the Albanian Geological Survey (SHGJSH), requests for adjournment of a mining permit exploration in Appendix 2 of this order.
3. Albanian Geological Service, not later than 45 (forty five) days after the date of application to the QKL for every new application for a mining permit research and discovery, considering the conditions of admission and supporting documentation for the application, performs peer review, reviews the Technical Council project development mining activities of exploration, the minimum program of work for the search and discovery, the project of rehabilitation of the mining area and settings for the values ​​of financial guarantees for the implementation of the minimum program of work and implementation of the plan of rehabilitation mining area and sends METE decision of approval or disapproval of the Technical Council, which is signed by the Secretary of the Technical Council and head of the institution, as well as the stamp of the institution of SHGJSH’s.
4. Albanian Geological Service, not later than 30 (thirty) days after, the date of application to the QKL for any application for extension of a mining permit research and discovery, considering the conditions of admission and supporting documentation for the application, performs the evaluation in so documentaries and on the ground to fulfill obligations by holders of permits mining exploration, the reasons for the extension, examines the Technical Council this estimate and sends MoETE decision of the Technical Council of approval or disapproval for the deferral of the permit and approval or disapproval of the project to the development of mining activities of exploration for the extension period, which is signed by the Secretary of the Technical Council and head of the institution and the stamp of the institution of SHGJSH’s.
5. The form and content of the decision of the Technical Council of the institution of the National Agency of Natural Resources (AKBN) for each new application for mining permits mining or exploration-exploitation described in Annex 3 to this Order.
6. The form and content of the decision of the Technical Council of the institution of the National Agency of Natural Resources (AKBN) requests for adjournment of a mining exploitation permit or exploration-exploitation described in Annex 4 of this order.
7. The form and content of the decision of the Technical Council of the institution of the National Agency of Natural Resources (AKBN) for the conversion of a permit for mining exploration in mineral exploitation permits, is identical in form and content with the decision of the Council Technician of the institution, according to Annex 3 of this order, after the conversion is treated as a new application. The holder of the exploration permit owns the priority right within the period specified in paragraphs 2 and 3 of Article 12 of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” realize the application to achieve this transformation.
8. The National Agency of Natural Resources no later than 60 (sixty) days after the date of application to the QKL for every new application for a mining permit exploitation or exploration-exploitation, considering the conditions of admission and verifying application documents , conducts peer review examines the Technical Council project development mining activities mining or exploration-exploitation, the investment program for the use or exploration-exploitation, the project of rehabilitation of the mining area and settings for the values ​​of financial guarantees for realization of the investment program and the implementation of the rehabilitation plan of the mining area, and sends METE decision of approval or not approval Technical Council, which is signed by the Secretary of the Technical Council and head of the institution and the stamp of the institution AKBN.
9. National Agency of Natural Resources, no later than thirty (30) calendar date, after the date of application to the QKL for any application for extension of a mining permit exploitation or exploration-exploitation, considering the conditions of admission and corroborating documents application, performs the evaluation in order documentaries and on the ground, to fulfill obligations by holders of mining permits mining or exploration-exploitation, the reasons for the extension, examines the Technical Council this estimate and sends METE decision of the Technical Council approval or jomiratimit for deferral of permit and approval ornot approval project development activities, mineral exploitation or exploration-exploitation for the period of deferment, which is signed by the Secretary of the Technical Council and head of the institution and It has the seal of the institution AKBN.

This order comes into force immediately.

MINISTER OF ECONOMY, TRADE AND ENERGY

Nasip Naco

ANNEX 1

DECISION

No. on ____ / ___ / 20 ….

To review and assess the project development activities of mineral exploration, the minimum program of work for the search and discovery, the project of rehabilitation of the mining area and the definitions for the values ​​of financial guarantees for the implementation of the minimum program of work and implementation plan rehabilitation of the mining area for application to the QKL for the prospecting mining license no. . Dated … / … /, the subject to the mining area nr…

Pursuant to Article 43, paragraph 2, letter “e” of the Law No. 10 304, dated 15.07.2010 “On the mining sector in Albania”, paragraphs 4 and 10, the letter “A2” of the decision of the Council of Ministers No. .942, dated 17.11.2010 “On approval of procedures and documentation for obtaining mining permits in open areas” and the requirements of the Council of Ministers decision no.364, dated 04.05.2011 “On the criteria, the minimum value of allowing the surface of the mining area and the minimum investment value of production for a mining permit, “Technical Council of the Albanian Geological Survey (AGS) in its meeting dated … / … / ……

1. Once:
2. I know the assessment of the conditions for allowing and supporting documentation for the application for the prospecting mining license no. . Dated … / … /, subject, in the mining area No.
3. I know the act verification conducted by the working group’s AGS.
4. Listen to the presentation of the project of mining operations, exploration of …
5. Listen to critique for the project performed by ……… …… ..
6. Reviewed the authenticity and legal source of information of all geological documentation in the project file contents.
7. Reviewed the content of the project development activities of the mining exploration in the fulfillment of legal and scientific in its entirety.
8. Reviewed the minimum program of exploration work presented in the project.
9. Reviewed a draft of the rehabilitation of the mining area: i) closing the project activities; ii) waste management project mining; iii) rehabilitation project of progressive and final mining area.
10. Reviewed the value of financial guarantees for the implementation of the minimum work program.
11. Reviewed the value of financial guarantees for the implementation of the rehabilitation plan of the mining area.
12. Found that:
13. The application for the prospecting mining license no. . Dated … / … /, submitted to the QKL by subject, for no mining area meets / does not meet the admission by corroborating documents submitted by the entity in accordance with the legal requirements of Law No. 10 304, dated 15/07/2010 “For the mining sector in the Republic of Albania”; Council of Ministers decision nr.942, dated 17.11.2010 “On approval of procedures and documentation for obtaining mining permits in open areas”; and orders of the Minister issued pursuant to them to continue the procedures for issuing the prospecting mining license (reasons in case of default of the requirements).
14. From act verification conducted (Annex 2, the decision of the Council of Ministers no.942, dated 17.11.2010), met / not met legal requirements to continue the procedures for issuing the prospecting mining permits required in mining area, in accordance with Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” (reasons in case of default of the requirements).
15. From listening to the presentation of the project of development of the mining activities of exploration, his technical critique, questions and discussions is estimated that the project meets / does not meet the legal and technical requirements in its content (the reasons in case of default of the requirements).
16. The project “” designed by the subject “” and submitted together with the application for the prospecting mining license no. . Dated … / … /, for no mining area, according to its content, has / have not been built in accordance with the requirements of paragraph 1 of Article 29 of Law No.10 to 304, dated 07.15.2010 “On Mining Sector Republic of Albania “; Paragraph 1 and 10, the letter “A1” of the decision of the Council of Ministers no.942, dated 17.11.2010 “On approval of procedures and documentation for obtaining mining permits in open areas”, and the requirements of the decision of the Council of Ministers no.364, dated 04.05.2011 “On the criteria, the minimum value of the surface of the mining permit area and the minimum value of the investment and production for a mining license” and presents stages: Search for the period (… / .. / – … /../) discovery period (… /../ – … /../), and / or direct detection period (… /../ – … /../), and / or research and discovery at the same time period (… /../ – … /../).
17. Geological documentation used for design of the project included in the project file, by the declaration of the subject itself, its verification by the technical opposing and Technical Council is / is not provided by the central archives of the AGS, the AKBN in compliance with applicable rules; or is / is not provided or supplemented by another source of legal information in accordance with the requirements of paragraph 7 of the decision of the Council of Ministers no.942, dated 17.11.2010 “On approval of procedures and documentation for permitting mining areas Open “.
18. Minimum work program, based on the project of exploration activity and surface compiled by ……… .km2: financial expenditure schedules covering the minimum work program by grounds, buildings and a total value of (…… ……………). This value for the required surface mining permit exploration and should be performed during the minimum program of work for exploration activity is / is not in accordance with the requirements of Article 13, paragraphs 1 and 2; Article 14, paragraph 4; Article 20, paragraph 1, letter “a” of the Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”, and requests the Council of Ministers decision no.364, dated 04.05.2011 “On the determination of criteria, the minimum value of the permitted surface mining area and the minimum investment value of production for a mining license “.
19. Rehabilitation Project mining area financial expenditures programmed for rehabilitation in the amount of (……………) is / is not compiled in accordance with the mining and environmental legislation, and contains / does not contain: i) project activities closing; ii) waste management project mining iii) rehabilitation project of progressive and final mining area, with corresponding expenses (gaps if any).
20. For the implementation of the minimum work program, project activity exploration mining has / has not determined correctly, the value of the financial guarantee for the realization of the minimum work program.
21. For the implementation of the rehabilitation plan, the project of the mining activity of exploration has / has not determined the fair value of the financial guarantee for the implementation of the rehabilitation plan. In appreciation of the foregoing, the Technical Council of the Albanian Geological Service

DECIDED:

1. The application for the prospecting mining license no. . Dated … / … /, submitted to the NLC by subject, for mining area no meets / does not meet the admission by appropriate documentation submitted by the entity to continue the procedures for issuing mining permits research and discovery (the reasons in case failure to meet the requirements).
2. Act verification for mining area meets / does not meet the requirements of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” and bylaws for its implementation (the reasons in case of default of the requirements).
3. Development Project mining operations, exploration for mining area no.is / is not compiled in accordance with the requirements of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania” and bylaws for its implementation (the reasons in case of default of the requirements).
4. Rehabilitation Project mining area of ​​exploration no. . (part of the development of mining operations, exploration) is / is not compiled in accordance with the requirements of mining and environmental legislation (the reasons in case of default of the requirements).
5. Geological documentation used for design of the project development activities of exploration mining is / is not provided in accordance with the requirements and regulations for obtaining geological and mining data (reasons in case of default of the requirements).
6. To approve / not approve the project of development of mining operations, exploration under the documentation submitted in the application for the prospecting mining license no. Dated …. / …. /, Subject, in the mining area No. (reasons disapproval).
7. To approve the specific conditions for the development of mining activities search- discovery binding if the applying benefit the mining permit exploration (conditions that involve determining the optimal variant of the mining activity of exploration in when the project development activities of some options granted mining, geological risk issues, work safety, protection of workers’ health, environment, waste management, land damage etc.).

1, 2, 3, 4, etc.

8. Based on the project of exploration activity and stages of its implementation, the costs for implementing the program of work and the minimum investment over the years are:

Periods of work by years of work by type of activity phase of the program costs for minimal costs program investment:

Period (… /../ – .. / .. /)

Year Phase ………………

Period (… /../ – .. / .. /)

Year Phase ………………

Period (… /../ – .. / .. /)

Year Phase ……………….

Period (… /../ – .. / .. /)

Year Phase ……………….

Total

9. Coordinates plans to allow mining area for the development of exploration activities are:

X Y

Allowing surface area km2.

10. Activity mining exploration period minimum work program under the project of development of the mining activity of exploration will include those working operations (1, 2, etc.) With a total value of () and annual value ().
11. Activity mining exploration will be conducted for mineral exploration and (1, 2, etc.).
12. The initial term of the mining permit exploration is (years).
13. Mining activity of exploration throughout the initial period of the mining permit investment program under the project of development of the mining activity of exploration will include those working operations (1, 2, etc.) With a total value of ( ) and annual value ().
14. The total value of the financial guarantee for the realization of the minimum work program approved by this decision is ().
15. The annual financial guarantee for the realization of the minimum work program approved by this decision is ().
16. The total value of the financial guarantee for the implementation of the rehabilitation plan approved by this decision is ().
17. The annual financial guarantee for the implementation of the rehabilitation plan approved by this decision is ().

The decision of the Technical Council of SHGJSH No. …… dated ………., The assessment of the conditions for allowing opposing the project of development of mining operations, exploration, along with the act of verifying the mining permit exploration object (the name of the mining facility), oilfield (the name of the oil field / Massif) in the district (name of county / district) involved in mining area no. (number of announced mining area on the map of mining annual plan), published in the annual mining roadmap year, sent to the Ministry of Economy, Trade and Energy on the date ………… for further assessment procedures of application mining permit.

Technical Council Secretary General Director of SHGJSH’s

Sign / Stamp