Aptauja ilgs līdz 23. oktobrim.
The translation of this document is outdated.
Translation validity: 19.04.2019.–10.07.2024. Amendments not included: 09.07.2024.
Procedures for the Issue of Licences for the Use of Subterranean Depths and Authorisations for the Extraction of Widespread Mineral Resources, as well as Procedures for the Lease of the Land of a Public Person for the Use of Subterranean Depths[16 April 2019] Issued pursuant
to [16 April 2019] I. General Provisions1. This Regulation prescribes: 1.1. the procedures by which local governments shall issue authorisations for the extraction of widespread mineral resources (hereinafter - the authorisation); 1.2. the procedures by which the State Environmental Service (hereinafter - the Service) shall issue licences for the use of subterranean depths (hereinafter - the licence); 1.3. the procedures by which valsts sabiedrība ar ierobežotu atbildību "Latvijas Vides, ģeoloģijas un meteoroloģijas centrs" [State limited liability company Latvian Environment, Geology and Meteorology Centre] (hereinafter - the Centre) shall co-ordinate the passport of the borehole of water abstraction and source; 1.4. the cases where in respect of the lands owned by the State or local governments a competition for the receipt of the licence or authorisation or tender regarding the land lease rights and the receipt of the licence or authorisation shall be organised; 1.5. the cases when the licence shall be issued for the use of subterranean depths throughout the territory of Latvia; 1.6. the procedures for the use of mineral resources (ground water) of national significance; 1.7. the procedures for the use of mineral resources (ground water) of national significance, in the cases when the owner of the land and installation for the extraction of mineral resources of national significance is not the same person; 1.8. the general procedures for competitions or tenders for the issue of licences and authorisations; 1.9. the procedures for the use of deposits of national significance; 1.10. the content of the passport of the deposit of mineral resources; 1.11. the procedures for the leasing and the calculation of the lease payments for the land owned by a public person, if the respective territory (one or several units or land which share a border or jointly form one lease object) is leased for the use of subterranean depths (except for the extraction of groundwater and prospection, exploration, and production of hydrocarbons) (hereinafter - the land parcel). [16 April 2019] 2. The location of the territory intended for the use of subterranean depths on a map or plan, the borders of the parcel of land intended for the use of subterranean depths, the co-ordinates of the border points, as well as other geospatial information related to the preparation and issue of the licence or authorisation shall be depicted in accordance with the laws and regulations governing geospatial information, conforming to the data of the State Land Service cadastral information system. 3. A passport of deposits of mineral resources and the limit for the extraction of mineral resources shall be prepared and the licence or authorisation issued, if the Centre has accepted Category A or N stocks of mineral resources in a deposit in accordance with the laws and regulations regarding the procedures for the extraction of mineral resources. 4. A person may receive the licence for the use of subterranean depths for up to one year throughout the territory of Latvia, or a part thereof, if it is intended to use the subterranean depths for: 4.1. engineering geological (scientific area of geology which explores ground texture, properties, and dynamics in interaction with structures and use thereof, including by using geo-technical methods) exploration of Group II structures according to the construction process, geo-ecological or geophysical exploration; 4.2. the establishment of a monitoring system of subterranean depths or for the performance of monitoring; 4.3. prospecting for mineral resources. [16 August 2016] 4.1 The lessor of the land parcel of a public person (hereinafter - the lessor) shall process and store the personal data referred to in this Regulation in accordance with the laws and regulations governing the field of personal data processing. [16 April 2019] II. Passport of Deposits of Mineral Resources (Except for Ground Water) and the Limit for the Extraction Thereof5. For the extraction of mineral resources (except for ground water), the Service shall: 5.1. issue a valid passport of the deposit of mineral resources (except for ground water) (Annex 1) which shall contain the basic information regarding the deposit of mineral resources acquired during geological exploration, the accepted stocks, the quality of the stocks of mineral resources, and the opportunities for use; 5.2. determine the limit for the extraction of mineral resources (Annex 2) - the maximum permitted amount of the extraction of mineral resources in a specified time period in a deposit of mineral resources or in a part of the deposit. 6. In order to receive a passport of the deposit of mineral resources (except for ground water) or a determined limit for the extraction of mineral resources, the appropriate application shall be submitted to the Service. The following information shall be included in the application: 6.1. the date and place of submitting the application; 6.2. the given name, surname, and personal identity number of the applicant or the merchant firm and registration number in the Commercial Register, the telephone number, and e-mail address; 6.3. the name of the document being requested; 6.4. the administrative affiliation of the deposit of mineral resources and the address (if possible); 6.5. the name of the deposit of mineral resources according to the register of deposits of mineral resources. 7. The following shall be appended to the application referred to in Paragraph 6 of this Regulation: 7.1. if the application is not submitted by the land owner - a copy of the contact entered into with the land owner, legal possessor, or authorised person regarding the extraction of mineral resources; 7.2. if a limit is being requested for part of a deposit - a scale plan of 1:10000 or other appropriate scale in which the depicted borders and border points of the territory anticipated for the extraction of mineral resources can be seen, as well as an appended list of the co-ordinates of the border points in the form of a table. 8. If all the information referred to in Paragraphs 6 and 7 of this Regulation is not submitted, the Service shall request the missing information in writing, not later than 10 working days following receipt of the application. 9. The Service shall hand over to the State Geology Fund a copy of the documents referred to in Annexes 1 and 2 to this Regulation. III. Use of Ground Water10. The licence shall be received for the installation of a borehole of ground water abstraction in accordance with the procedures laid down in this Regulation. Ground water shall be extracted in accordance with the laws and regulations governing the issue of authorisations for the use of water resources or authorisations for performance of Category A or B polluting activities. 11. If it is intended to extract more than 100 m3 of ground water per day, a passport for the deposit of ground water (Annex 3) issued by the Service shall be required by the person extracting the ground water. In order to receive a passport for the deposit of ground water, the Service shall submit an application containing the following information: 11.1. the date and place of submitting the application; 11.2. the given name, surname, and personal identity number of the applicant or the merchant firm and registration number in the Commercial Register, the telephone number, and e-mail address; 11.3. the administrative affiliation and name of the deposit of ground water. 12. If additional exploration is performed at the deposit of ground water and the Centre has accepted new ground water stocks, a new passport for the deposit of ground water shall be prepared. 13. After establishment of a borehole of water extraction the merchant shall prepare a passport of the borehole of water abstraction (Annex 4). 14. Following the hydrological exploration of a source, the merchant shall prepare a passport of sources (Annex 5). 15. The ground water shall be classified according to: 15.1. the stratification of the hydrological cut (Annex 6); 15.2. the classification of the aquifers of ground water (Annex 7); 15.3. the chemical composition and specific properties (Annex 8). 16. The Centre shall co-ordinate the passports referred to in Paragraphs 13 and 14 of this Regulation by the following procedure: 16.1. inspect for the presence of all the necessary annexes, seals, dates, as well as the signatures and seals of the performer of the work, the merchant, and the responsible officials and the date of the performance of the work; 16.2. inspect the conformity of the borehole's geologically technical cut with the existing geological situation; 16.2.1. determine the location of the installed borehole on an appropriate topographical map; 16.2.2. prepare a map indicating the surrounding existing boreholes; 16.2.3. analyse data regarding the surrounding existing boreholes; 16.2.4. assess the geological and hydrological conditions according to the data of the State Geology Fund; 16.2.5. compare the geological cut in the territory to be examined with the geologically technical cut submitted; 16.2.5.1. the geologically technical cut shall conform to the requirements of the licence (if the borehole has been installed in another aquifer or the borehole construction has been altered, the amendments to the licence for the use of subterranean depths shall be appended); 16.2.5.2. the geological cut shall reflect the geological structure of the subterranean depths, on the basis of the geological structure of the specific region, detailing it in conformity with the information acquired during the course of drilling; 16.2.5.3. the stratigraphic division of the stratification of the geological cut and lithological description of the rocks shall conform to the accepted stratigraphic legend of the geological cut (1995), the stratification of the hydrological cut and the classification of the aquifers (Annexes 6 and 7 to this Regulation); 16.3. when co-ordinating a passport of sources, the evaluation of the borehole construction shall be replaced with the evaluation of the source catchment, and the data regarding the surrounding existing sources shall be analysed as well. 17. The protective zone around the place of water extraction shall be co-ordinated with the relevant branch of the Health Inspectorate following the evaluation by the Centre of the calculation of the protective zone and acceptance of the stocks of ground water. 18. One copy of the co-ordinated passport referred to in Paragraphs 13 and 14 of this Regulation shall be kept by the State Geology Fund and the other handed over to the commissioning party of the drilling or exploration. 19. If the owner of the land and installation for the extraction of ground water is not the same person, the owner of the land shall provide the owner of the installation for the extraction of ground water with: 19.1. access to the installation for the extraction of ground water; 19.2. the rights for the use of land necessary for the use of the installation for the extraction of ground water at least in a protective zone with a stringent regime. 20. An owner of land shall use the installations for the extraction of ground water belonging to another person according to an agreement entered into regarding the use of the installation. 21. If the person extracting the ground water interrupts the use of the borehole of water abstraction, he or she shall ensure the conservation or liquidation of the borehole. An act shall be compiled regarding the liquidation of a borehole (Annex 9). The merchant shall hand over a copy of the act regarding the liquidation of a borehole to the State Geology Fund. IV. Licences and Authorisations22. In order to receive a licence (Annex 10) an application for the receipt of a licence shall be submitted to the Service. The following information shall be included in the application: 22.1. the date and place of submitting the application; 22.2. the given name, surname, and personal identity number of the applicant or the merchant firm and registration number in the Commercial Register, the telephone number, and e-mail address; 22.3. the type of use of subterranean depths; 22.4. the administrative affiliation of the territory intended for the use of subterranean depths and the address (if possible); 22.5. the time period for which the licence is requested. 23. The following shall be appended to the application referred to in Paragraph 22 of this Regulation: 23.1. if a person who is not the owner of the land is requesting the licence or authorisation - a copy of the agreement entered into with the owner of the land, the legal possessor, or authorised person regarding the use of subterranean depths. In order to receive a licence for the liquidation of a borehole, a copy of the agreement entered into with the owner of the borehole shall also be submitted, if the borehole does not belong to the owner of the land. If a licence is being requested for one of the types of use of subterranean depths referred to in Paragraph 4 of this Regulation, the agreement with the owner of the land need not be submitted; 23.2. information regarding the qualifications of personnel and the technical facilities anticipated for the performance of the work in conformity with the type of use of subterranean depths indicated in the application; 23.3. the work programme co-ordinated with the commissioning party of the work (except for where the licence or authorisation is being requested for the extraction of mineral resources); 23.4. if the licence is being requested for the installation of a borehole of water abstraction - the technically geological cut of the borehole to be designed; 23.5. if the licence is being requested for the liquidation of a borehole - the geologically technical cut of the borehole; 23.6. if a licence is being requested for the use of the useful properties of subterranean depths, by installing heat collector boreholes - information regarding the number of boreholes, the depth and distance between them, the geologically technical cut of the boreholes and a description of the measures for the protection of ground waters; 23.7. a map with a scale of 1:10000-1:50000 or other appropriate scale in which the territory intended for the use of subterranean depths is clearly depicted, except for cases where the licence is being requested for the types of use of subterranean depths referred to in Paragraph four of this Regulation. If the licence is being requested for geological exploration, the co-ordinates of the border points of the anticipated territory shall be indicated. If the licence is being requested for the installation or liquidation of a borehole, a border plan of the land on which the location of the boreholes is depicted shall be submitted; 23.8. if a competition or tender has been organised for the rights of land lease and the receipt of the licence - the decision on the competition or tender results; 23.9. if the territory intended for the use of subterranean depths is located within the protection zone of State protected cultural monuments - written consent of the National Heritage Board. [16 April 2019] 24. Prior to the issue of the licence for the installation of a borehole of water abstraction, if necessary, the Service shall request a statement from the Centre regarding the water supply options in the territory in which the possible aquifer and possible debit is indicated. 25. The addressee of the licence shall enter into an agreement with the land owner regarding the rights to use subterranean depths during the term of validity of the licences referred to in Paragraph 4 of this Regulation prior to the commencement of the work, prepare a work programme, and notify the Service regarding the intended works and the time for fulfilment thereof. 26. In order to receive the authorisation (Annex 11) an application for the receipt of the authorisation shall be submitted to the local government. The following information shall be included in the application: 26.1. the date and place of submitting the application; 26.2. the given name, surname, and personal identity number of the applicant or the merchant firm and registration number in the Commercial Register, the telephone number, and e-mail address; 26.3. the administrative affiliation of the territory intended for the use of subterranean depths and the address (if possible). 27. The following shall be appended to the application referred to in Paragraph 26 of this Regulation: 27.1. the passport of deposits of mineral resources; 27.2. the limit for the extraction of mineral resources issued by the Service; 27.3. the technical regulations issued by the relevant regional environmental board of the Service, if such must be received in accordance with the laws and regulations regarding the procedures by which the Service issues technical regulations, or an opinion of the Environment State Bureau regarding the report on the environmental impact assessment; 27.4. if a person who is not the owner of the land is requesting the licence or authorisation - a copy of the agreement entered into with the owner of the land, the legal possessor, or authorised person regarding the use of subterranean depths; 27.5. information regarding the qualification of the personnel and technical support intended for the performance of works; 27.6. if a competition or tender has taken place for the rights of land lease and the receipt of an authorisation and the organiser of the competition is not a local government - the decision on the competition or tender results; 27.7. if the territory intended for the use of subterranean depths is located within the protection zone of State protected cultural monuments - written consent of the National Heritage Board. [16 August 2016; 16 April 2019] 28. If all the information referred to in Paragraphs 22, 23, 26, and 27 of this Regulation is not submitted, the issuer of the licence or authorisation shall request the missing information in writing, not later than 10 working days following the receipt of the application. 29. If the application referred to in Paragraph 22 or 26 of this Regulation is submitted in the form of an electronic document, the applicant shall certify the application and the electronic copies of paper documents appended thereto by secure electronic signature and a time stamp in accordance with the laws and regulations regarding the drawing up of electronic documents, as well as indicating whether they wish to receive the licence or authorisation in the form of an electronic document. 30. The Service or local government may issue the licence or authorisation in the form of an electronic document in accordance with the procedures laid down in the laws and regulations governing the circulation of electronic documents, if the applicant has expressed such a request. 31. If it transpires that the applicant has provided false information, the issuer of the licence or authorisation shall take a decision not to issue the licence or authorisation. 32. The licence or authorisation shall have the following annexes: 32.1. the conditions for the use of subterranean depths (requirements to be conformed to when using subterranean depths); 32.2. for the acquisition of the licence for geological exploration, the licence or authorisation for the extraction of mineral resources - a map or plan in which the borders of the land parcels and the borders of the licence area with border points in the ownership or possession of the addressee of the licence or the authorisation are delineated and to which is appended a table with the co-ordinates of the border points (except for the cases referred to in Paragraph four of this Regulation); 32.3. for the acquisition of the licence or authorisation for the extraction of mineral resources (except for ground water) - the limit for extraction of mineral resources stipulated by the Service. 33. The authorisation shall be issued for the period of time specified in the limit for the extraction of mineral resources. 34. If the addressee of the licence or authorisation wishes to make amendments to the licence or authorisation, he or she shall submit the following to the issuer of the licence or authorisation: 34.1. an application with the justification for the necessity of amendments; 34.2. the information referred to in Paragraphs 22 and 23 or 26 and 27 of this Regulation in conformity with the type of use of subterranean depths, if its is necessary for the making of amendments. 35. The licence or authorisation shall be extended until the time periods indicated in Section 9 of the law On Subterranean Depths counting from the day of issue, if it is permitted by the agreement entered into by the land owner, the legal possessor, or the authorised person. 36. The licence or authorisation shall be issued in accordance with the following procedures: 36.1. the addressee of the authorisation or licence shall present: 36.1.1. a natural person - a personal identification document; 36.1.2. the representative of a legal person - a document attesting that the representative is authorised to receive the licence or authorisation on behalf of the legal person, if the person does not have the rights of representation of the legal person registered in the Commercial Register; 36.2. the issuer of the licence or authorisation shall register the licence or authorisation in the journal of issue of licences or in the journal of issue of authorisations - in paper form or in electronic form; 36.3. one copy of the licence or authorisation shall be issued to the addressee of the licence or authorisation, the other shall be kept by the issuer of the licence or authorisation. 37. A local government shall notify the Service regarding the authorisations issued and cancelled once a quarter up to the twentieth day of the month following thereof. 38. If information has changed during the term of validity of the licence or authorisation which is indicated in the issued licence or authorisation (the merchant name (firm name) or legal address), the merchant shall, within 10 working days following the entering into effect of the relevant changes, submit an application to the issuer of the licence or authorisation regarding the necessary amendments to the licence or authorisation. Documents which certify the facts referred to therein shall be appended to the submission. The issuer of the licence or authorisation shall re-register the licence or authorisation in the name of the new addressee of the licence or authorisation according to the changes registered in the Commercial Register. 39. The issuer of the issued licences or authorisations shall post information regarding them on its website (Annex 12). The issuer of the licence or authorisation shall also post information on its website regarding the restriction, suspension of the use of subterranean depths or the cancellation of licences or authorisations (Annex 13). [16 April 2019] V. Competition or Tender Regarding Land Lease Rights and the Receipt of the Licence or Authorisation for the Extraction of Mineral Resources[16 April 2019] 40. [16 April 2019] 41. [16 April 2019] 42. [16 April 2019] 43. [16 April 2019] 44. [16 April 2019] 45. [16 April 2019] 46. [16 April 2019] 47. [16 April 2019] 48. [16 April 2019] 49. [16 April 2019] 50. [16 April 2019] 51. [16 April 2019] 52. [16 April 2019] 53. [16 April 2019] 54. [16 April 2019] 55. [16 April 2019] 56. [16 April 2019] V.1 Lease of the Land Parcel of a Public Person for the Use of Subterranean Depths[16 April 2019] 56.1 The lessor shall organise a competition or a competition with subsequent tender (hereinafter - the tender) regarding the land parcel lease rights for the receipt of the licence or authorisation for the extraction of mineral resources, if the area of the land parcel owned by a public person, where the extraction of mineral resources is intended, is: 56.1 1. larger than 150 hectares - for peat; 56.1 2. larger than 25 hectares - for other mineral resources. [16 April 2019] 56.2 Upon assessment of rationality considerations, the lessor may take a decision to organise a competition or tender regarding the lease rights for such land parcel the area for the extraction of mineral resources whereof is smaller than the area referred to in Paragraph 56.1 of this Regulation. [16 April 2019] 56.3 If the unclaimed area of the deposit or part thereof has been geologically explored, the stocks of mineral resources of Category A or N have been confirmed in the area of the licence area subject to extension, and the unclaimed area of the deposit is smaller than 100 % of the existing licence area and it is adjacent, then, upon extending the licence area of a deposit of mineral resources, the competition or tender need not be organised. [16 April 2019] 56.4 The lessor shall establish a commission for the competition (hereinafter - the commission) consisting of at least three persons. The commission shall develop and approve the competition regulations. The following shall be included in the regulations: 56.4 1. information regarding the subject-matter of the competition (the type of use of subterranean depths, the name and description of the competition object, the details of the competition organiser, the compilation of geological information regarding the structure of the subterranean depths, the properties and stocks of mineral resources that can be ordered by the organiser of the competition at the Centre, the conditions of the local government for the use of the land parcel included in the spatial plan); 56.4 2. the rights and obligations of the commission; 56.4 3. information regarding the place, date, time, and procedures for submitting and opening of the offer; 56.4 4. the requirements for the drawing-up and submission of an offer; 56.4 5. the criteria and procedures for the evaluation of tenders submitted; 56.4 6. the draft land lease agreement; 56.4 7. the procedures for the tender; 56.4 8. the procedures for the appeal of the results; 56.4 9. the initial lease payment which is determined in accordance with Paragraph 56.18 of this Regulation and the lease payment for the land parcel which is leased for the maintenance of the territory (if such is known) in accordance with Paragraph 56.24 of this Regulation. [16 April 2019] 56.5 The following evaluation criteria shall be determined for applicants in the regulations: 56.5 1. financial possibilities; 56.5 2. qualification of the personnel and technical support for the extraction of a mineral resource; 56.5 3. experience in the extraction of mineral resources; 56.5 4. rational extraction plan for a mineral resource; 56.5 5. a plan for environmental protection measures; 56.5 6. a plan for labour protection measures; 56.5 7. other criteria which the commission considers as necessary. [16 April 2019] 56.6 The lessor shall publish the invitation to participate in the competition in the official gazette Latvijas Vēstnesis and also on its website not later than on the date of the official publication. Other ways of communicating the information may be also used so that the information would reach as extensive range of applicants for the lease rights as possible. The following shall be indicated in the invitation: 56.6 1. the name of the lessor; 56.6 2. the information regarding the land parcel; 56.6 3. the purpose of the lease of the land parcel; 56.6 4. the initial lease payment; 56.6 5. a link to the competition regulations; 56.6 6. the place, date, time, and procedures for submitting and opening of the tenders; 56.6 7. the address and telephone number of the contact person for the receipt of additional information; 56.6 8. other information which the lessor considers to be necessary. [16 April 2019] 56.7 The deadline for submitting tenders shall not be less than 10 working days from publishing the invitation in the official gazette Latvijas Vēstnesis. [16 April 2019] 56.8 In order to enable the commission to evaluate the applicants in accordance with Paragraph 41.1 of this Regulation, the applicants shall submit the following documents: 56.8 1. information regarding the qualification of the personnel and technical support of works in the use of subterranean depths; 56.8 2. information regarding the experience of the applicant in the use of subterranean depths according to the specific purpose for use; 56.8 3. a work programme for the use of the land parcel which comprises a description of the technology for the extraction of a mineral resource, a description of environmental protection measures, and a description of labour protection measures; 56.8 4. an extract from the balance sheet of the applicant regarding the available funds or, if the balance sheet does not depict such financial resources, a guarantee certification of the applicant regarding the funds to be invested in the use of the land parcel. [16 April 2019] 56.9 The commission, upon evaluating the tenders, shall disqualify an applicant from further participation if: 56.9 1. it is discovered in the public database of the Enterprise Register or the State Revenue Service that the applicant has been declared insolvent, has been placed in liquidation, its economic activity has been suspended or terminated or the total debt of taxes and duties exceeds 150 euros on the final date of the period for the submission of a tender; 56.9 2. any of the circumstances indicated in Paragraph 56.17 of this Regulation has set in. [16 April 2019] 56.10 The applicant is entitled to submit a notice or another document issued by the relevant competent authority regarding the fact referred to in Sub-paragraph 56.9 1 of this Regulation if the circumstances discovered by the commission do not correspond to the actual circumstances. [16 April 2019] 56.11 The commission is entitled to request additional information if the information submitted by an applicant is incomplete. If the applicant fails to submit such information within the prescribed deadline which cannot be less than two working days or provides false information, the applicant shall be disqualified from further participation. [16 April 2019] 56.12 Tenders submitted for the competition shall be evaluated on the basis of a five point system for each criterion specified in the regulations in accordance with the evaluation criteria of applicants referred to in Paragraph 56.5 of this Regulation. [16 April 2019] 56.13 If one applicant is participating in a competition, the commission may recognise such applicant as the winner of the competition if the average final score of the applicant's tender exceeds 60 % of the maximum possible amount of points. [16 April 2019] 56.14 The lease rights of the land parcel shall be granted in tendering if two or several applicants have been selected as a result of the competition whose average final score of tenders submitted by them exceeds 60 % of the maximum possible amount of points. Applicants shall be invited to the tender in writing. [16 April 2019] 56.15 A competition shall be considered concluded without result if no applicants have applied or the average final score of any of the tenders does not exceed 60 % of the maximum possible amount of points. [16 April 2019] 56.16 The decision of the lessor regarding the competition results may be disputed and appealed in accordance with the procedures laid down in the Administrative Procedure Law. [16 April 2019] 56.17 The land parcel shall not be leased out to the applicant if within the past five years from the date of submitting the tender the lessor has unilaterally terminated the agreement regarding the use of the property entered into with such applicant because the applicant failed to fulfil the obligations specified in the agreement, the applicant has outstanding payment commitments towards the lessor, or a court ruling has entered into effect on the basis of which the agreement regarding the use of the property entered into with the lessor is terminated due to the acts of the applicant. [16 April 2019] 56.18 If the land parcel for the use of subterranean depths is leased out by organising a competition or tender regarding the land parcel lease rights, the initial lease payment shall be determined according to the market price for the lease of the land parcel specified by a certified valuator. The lessee shall compensate to the lessor the remuneration amount of the invited certified valuator. The amount of lease payment for the land parcel which is leased out for the maintenance of the territory (if such is determined) shall be determined in accordance with Paragraph 56.24 of this Regulation and no bids shall be made for this. [16 April 2019] 56.19 If the land parcel for the use of subterranean depths is leased out without organising a competition or tender regarding the land parcel lease rights, the lease payment shall be determined according to the market price for the lease of the land parcel specified by a certified valuator. The lessee shall compensate to the lessor the remuneration amount of the invited certified valuator. The amount of lease payment for the area which is leased out for the maintenance of the territory shall be determined in accordance with Paragraph 56.24 of this Regulation. [16 April 2019] 56.20 Until the date on which the licence or authorisation for the extraction of mineral resources is issued to the lessee, the annual lease payment shall be 1.5 % of the cadastral value of the land parcel. The deadline by which the lessee must perform or start the activities specified in laws and regulations in order to receive the licence or authorisation for the extraction of mineral resources shall be determined in the lease agreement, but not longer than for a period of three years. [16 April 2019] 56.21 The minimum lease payment for the land parcel shall be 6 % of the cadastral value of the land parcel. This rate shall be applied if the market price for the lease specified by a certified valuator is below 6 % of the cadastral value of the land parcel. [16 April 2019] 56.22 The following shall be indicated in the lease agreement: 56.22 1. the subject-matter of the lease agreement - area of the land parcel, cadastre designation and the number of land register division, as well as the purpose of lease thereof; 56.22 2. the lessor and the lessee, indicating personal data; 56.22 3. the duration of the lease agreement; 56.22 4. the amount of the lease payment and other related payments, payment deadline and procedures, late payment interest which is not less than 0.1 % of the delayed payment amount for each day of delay, as well as the procedures for the revision of the lease payment; 56.22 5. the rights and obligations of the contracting parties, including conditions and payments related to recultivation; 56.22 6. liability of the contracting parties for failure to fulfil the agreement; 56.22 7. the conditions for the termination of the agreement; 56.22 8. the procedures for settling disputes; 56.22 9. other provisions. [16 April 2019] 56.23 It shall be provided for in the lease agreement that the lessee in addition to the lease payment shall pay to the lessor the taxes specified in laws and regulations which apply to the land parcel subject to lease, or compensation thereof. [16 April 2019] 56.24 Upon assessment of rationality considerations or on the basis of a proposal by the lessee regarding changes in the maintenance area, the lessor shall revise the lease payment and change the latter, taking into account that the maintenance area which is functionally linked with the territory of the extraction of mineral resources, but where the extraction thereof is not possible or is not allowed and where no economic activity takes place, the annual lease payment shall be 1.5 % of the cadastral value of the land parcel. [16 April 2019] 56.25 It shall be provided for in the lease agreement that the lease payment is increased by applying the coefficient of 1.5 until elimination of the circumstances indicated in this Paragraph if: 56.25 1. the lessee, within the time period specified in the law from the date of entry into effect or the licence or authorisation, has not started the use of subterranean depths according to the conditions specified in the issued licence or authorisation; 56.25 2. the lessee has been using subterranean depths, violating the conditions of the issued licence or authorisation or has been engaged in other illegal activities; 56.25 3. the lessee has carried out illegal construction on the land parcel during the validity period of the lease agreement. [16 April 2019] 56.26 The lessor shall revise and change the lease payment of the land parcel as follows: 56.26 1. for the maintenance area which is functionally linked with the territory of the extraction of mineral resources, but where the extraction thereof is not possible or is not allowed and where no economic activity takes place, if the cadastral value of the respective land parcel is changed; 56.26 2. not less than within the term specified in the Law on Prevention of Squandering of the Financial Resources and Property of a Public Person. The lessee shall compensate to the lessor the remuneration amount of the invited certified valuator. [16 April 2019] 56.27 The revised and changed lease payment shall enter into effect within the term specified in the notification of the lessor or on the date specified in amendments to the agreement. [16 April 2019] 56.28 The lessee has the right to build engineering structures and non-residential buildings on the land parcel that are necessary for the purpose of use of the land parcel specified in the lease agreement and has an obligation to ensure the maintenance thereof throughout the entire validity period of the lease agreement, if such right has been granted to the lessee upon entering into the lease agreement. If upon entering into the lease agreement regarding the use of the land parcel such right is not applied, a written consent of the lessor is required. The lessee has an obligation to demolish the non-residential buildings and engineering structures within the term specified by the lessor, unless the contracting parties agree otherwise. [16 April 2019] 56.29 If the land parcel for the use of subterranean depths is leased by organising a competition or tender regarding the land lease rights in accordance Sub-paragraph 56.26 2 of this Regulation, the revised lease payment may not be lower than the payment offered by the lessee in the competition or tender, in addition taking into account the provisions laid down in Paragraph 56.24 and Sub-paragraph 56.26 1 of this Regulation. [16 April 2019] 56.30 It shall be provided for in the lease agreement that the lessor has the right, upon sending a written notification to the lessee, to unilaterally change the lease payment without amending the agreement: 56.30 1. in the cases referred to in Paragraphs 56.20, 56.2 , and 56.26 of this Regulation; 56.30 2. if a public person leases the land parcel for the use of subterranean depths and laws and regulations provide for other procedures for the calculation of the lease payment. [16 April 2019] 56.31 It shall be provided for in the lease agreement that the lessor has the right, during the validity period of the lease agreement, to revise and change the lease payment on the basis of a proposal by the lessee by making amendments to the agreement if: 56.31 1. cross-border or international commitments have been changed which considerably change or deteriorate the market conditions of mineral resources; 56.31 2. industrial extraction of mineral resources is not possible in the leased land parcel regarding which the lessee submits documentation to the lessor regarding the use of geological and subterranean depths (co-ordinating the type of documentation to be submitted with the lessor beforehand); 56.31 3. geological additional exploration or inventory of peat extraction fields, or calculation of the balance of the stocks of mineral resources, or calculation of the explored stocks of mineral resources (according to the data of previous research) is carried out and the stocks of a mineral resource are accepted. [16 April 2019] 56.32 In the cases referred to in Sub-paragraph 56.26 2 and Paragraph 56.31 of this Regulation the lease payment for the land parcel shall be determined according to the market price for the lease of the land parcel specified by a certified valuator. The lessee shall compensate to the lessor the remuneration amount of the invited certified valuator. [16 April 2019] 56.33 Upon assessment of rationality considerations, the lessor may take a decision to extend the term of the lease agreement (without organising a competition or tender). The lease agreement may be extended, provided that the total duration of the lease agreement must not exceed the duration of the authorisation for the extraction of widespread mineral resources or the licence for the use of subterranean depths specified in the law On Subterranean Depths. [16 April 2019] 56.34 Upon extending the term of the lease agreement (without organising a competition or tender), the lessor shall determine the lease payment according to the market price for the lease of the land parcel specified by a certified valuator, unless it is lower than the payment specified in Paragraph 56.21 of this Regulation. The lessee shall compensate to the lessor the remuneration amount of the invited certified valuator. [16 April 2019] 56.35 Results of a competition or tender shall be published by the lessor in the official gazette Latvijas Vēstnesis and on its website within 10 working days after notification of the decision taken by the commission to the addressee. The lessor may additionally use also other ways of communicating the information. [16 April 2019] 56.36 The lessor shall publish information on the website of the lessor within 10 working days after the date of entry into effect of the lease agreement or covenant on the extension of the lease agreement term. The lessor may additionally use also other ways of communicating the information. [16 April 2019] VI. Procedures for the Use of Deposits of National Significance57. The licence for the use of subterranean depths shall be received for the extraction of mineral resources in deposits of national significance irrespective of the type of mineral resources. 58. The licence area in the deposits specified in the laws and regulations regarding the deposits of national significance may not be less than 25 % of the unclaimed area of the deposit. The licence area of the dolomite deposits "Birži-Pūteļi" may not be less than 10 % of the unclaimed area of the deposit. VII. Closing Provisions59. The licences or authorisations which have been issued until the day of coming into force of this Regulation shall be valid until the expiry date indicated therein. 60. Passports for the deposits of mineral resources issued until 24 April 2007 shall be valid until 20 June 2015. 61. Licences for the use of subterranean depths for the performance of engineering geological exploration which have been issued until the date of the coming into force of amendments to Sub-paragraph 4.1 of this Regulation with regard to licences for engineering geological exploration of Group II structures according to the construction process shall remain in effect until the expiry date specified in the licence. [16 August 2016] 62. If the lessee has adequately fulfilled the conditions contained in the agreement entered into, licence, or permit, the lessor may, upon assessment of rationality considerations, extend the term of the lease agreement entered into until the coming into force of Chapter V.1 of this Regulation, without organising a competition or tender. Upon extending the lease agreement, the provisions covered in this Regulation shall be applied and the condition that the total duration of the authorisation for the extraction of widespread mineral resources or the licence for the use of subterranean depths must not exceed the duration specified in the law On Subterranean Depths shall be conformed to. The duration of the agreement shall be counted from the date of the entry into effect of the initial agreement. [16 April 2019] 63. With regard to lease agreements for the use of subterranean depths which have been entered into by 20 May 2014 and with regard to which lease payment indexation had to be initiated from 1 January 2015, the lessor shall annually continue unilateral indexation of the lease payment on condition that increase in the lease payment each indexation time does not exceed 20 %, up to the level where the lease payment reaches the market price for the lease of the land parcel specified by a certified valuator. When the lease payment in the abovementioned agreements has reached the market price for the lease of the land parcel specified by a certified valuator, as well as for lease agreements for the use of subterranean depths which have been entered into from 20 May 2014 until the date of the coming into force of Chapter V.1 of this Regulation, the lease payment shall be revised by applying the procedures for the lease payment revision referred to in Chapter V.1 of this Regulation. [16 April 2019] Prime Minister V. Dombrovskis Minister for Environmental
Protection
Annex 1 Passport of the Deposit of Mineral Resources (Except Ground Water)
8. Characterisation of mineral resource deposits
9. Characterisation of topping and seam
10. Main quality parameters of mineral resources
11. Possible use of mineral resources
12. Hydrological conditions of the deposit of mineral resources
13. Other accepted stocks and resources of mineral resources within the deposit: 13.1. the amount of mineral resources by categories
13.2. characterisation of the deposit of mineral resources
Annexed: 1. Decision of the State limited liability company Latvian Environment, Geology and Meteorology Centre 2. A map (plan) of the location of the deposits, in which the borders of the deposits and the borders of the land in ownership or possession are depicted
Place for a seal* Note. The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Environmental
Protection
Annex 2 Limit for the Extraction of Mineral Resources
Annexed: Map or plan in which the borders of the deposits of mineral resources and the borders of land in ownership or possession are depicted, for which a limit for the extraction of mineral resources has been allocated, as well as a list of the co-ordinates of the border points of the extraction area in the Latvian co-ordinates system LKS-92 TM.
Place for a seal* ___ ___________ 20___ Note. The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Environmental
Protection
Annex 3 Passport for the Deposit of Ground Water
3. Data for the calculation of operational stocks: 3.1.
3.2.
4. Operational stocks of ground water
5. Chemical composition of ground water
6. Protective zones of water sources
7. Special area of conservation within the territory of the deposit of ground water
10. Annexed: 10.1. the location of the deposit on a map (plan) in the Latvian co-ordinates system LKS-92 TM system of co-ordinates and the protective zone configuration; 10.2. location of borehole in the deposit of ground water on the map (plan) in the Latvian co-ordinates system LKS-92 TM; 10.3. hydrological cut of the deposits; 10.4. accepted version of ground water abstraction; 10.5. the decision of the State limited liability company Latvian Environment, Geology and Meteorology Centre regarding acceptance of the stocks of ground water; 10.6. application for the anticipated consumption of ground water; 10.7. co-ordination of the protective zones around the place of water abstraction with the relevant branch of the Health Inspectorate.
Place for a seal** Notes. 1. * In accordance with Annex 8 to Cabinet Regulation No. 696 of 6 September 2011, Procedures for the Issue of Licences for the Use of Subterranean Depths and Authorisations for the Extraction of Widespread Mineral Resources. 2. ** The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Environmental
Protection
Annex 4 Passport of the Borehole of Water Abstraction
APPROVED State limited liability company Latvian Environment, Geology and Meteorology Centre
18. Annexed: 18.1. testing report of chemical composition of water; 18.2. report on bacteriological testing of water; 18.3. geological and technical cut of borehole; 18.4. technical regulations issued by the relevant regional environmental board of the State Environmental Service; 18.5. the location of the borehole on a map with a scale of 1:50000 or more; 18.6. the layout of the location of boreholes on a land border plan; 18.7. the calculation of the protective zone; 18.8. a copy of the licence for the use of subterranean depths and the licence conditions; 18.9. a diagram of the geophysical exploration (if geophysical exploration of the borehole has been performed); 18.10. co-ordination of the protective zones around the place of water abstraction with the relevant branch of the Health Inspectorate.
Place for a seal* Passport of the borehole of water abstraction prepared on __________________20.___. Note. * The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Environmental
Protection
Annex 5 Passport of Sources
APPROVED State limited liability company Latvian Environment, Geology and Meteorology Centre
Passport of source prepared on _____________20_____. Note. * The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Environmental Protection
Annex 6 Stratification of the Hydrological Cut
Minister for Environmental
Protection
Annex 7 Classification of Aquifers
Minister for Environmental
Protection
Annex 8 Classification of Ground Waters According to Chemical Composition and Specific Properties1. Type of underground water according to the level of mineralisation and ion content.
2. Type of ground water according to its specific properties.
Note. * Shall be indicated if the ground water has this specific property. Minister for Environmental
Protection
Annex 9 Act Regarding the Liquidation of a BoreholeAct compiled on _____________20___ ______
Annexed: 1. The location of the borehole on a map of Latvian co-ordinates system LKS 92 with a scale of 1:50000 or more. 2. A copy of the plan of the land borders with the location of the borehole. 3. A copy of the borehole packing order. 4. Geologically technical cut of the borehole (indicate the materials to be used during the period of liquidation and the interval of borehole filling). 5. Water sampling report. 6. A copy of the licence for the use of subterranean depths with the licence conditions and work programme. 7. Co-ordination regarding the liquidation of the borehole with the State limited liability company Latvian Environment, Geology and Meteorology Centre, if the borehole is a source of water borehole or exceeds a depth of 300m.
Note. * Cabinet Regulation No.696 of 6 September 2011, Procedures for the Issue of Licences for the Use of Subterranean Depths and Authorisations for the Extraction of Widespread Mineral Resources. Minister for Environmental
Protection
Annex 10 Licence for the
use of subterranean depths
|
Issued to | |
(name of the local government, merchant company and registration number or given name, surname and personal identity number of the natural person) |
|
(type of use of subterranean depths) |
|
(licensed object) |
|
(administrative affiliation of the licensed object and address (if possible)) |
Licence issued in Rīga____________ ________ (date)
and shall be valid until______________ ______ (date)
Annexed:
No. |
The name of the annex |
No. of pages |
1. |
Conditions of use of subterranean depths | |
2. |
Map or plan on which the borders of the deposit, the borders of the land parcels in the ownership or lease of the licence addressee, the border of the licence area with border points shall be depicted; a table with the border point co-ordinates in the Latvian co-ordinates system LKS-92 TM, except for the cases referred to in Paragraph 4 of this Regulation* (where necessary). | |
3. |
Limit for the extraction of mineral resources (where necessary) |
Annexes to the licence shall be an integral part thereof.
General Director of the State Environmental Service | |
(given name, surname, signature**) |
Place for a seal**
Notes.
1. * Cabinet Regulation No. 696 of 6 September 2011, Procedures for the Issue of Licences for the Use of Subterranean Depths and Authorisations for the Extraction of Widespread Mineral Resources.
2. ** The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.
Minister for Environmental
Protection
and Regional Development R. Vējonis
Annex 11
Cabinet
Regulation No. 696
6 September 2011
(name of the local government) |
Issued to | |
(merchant company and registration number or given name, surname and personal identity number of the natural person) |
|
(name of deposit) |
|
(administrative affiliation of the deposit and address (if possible)) |
|
(the type of mineral resources) |
Authorisation issued on ___ ___________ 20__________
and shall be valid until______________ ______ (date)
Annexed:
No. |
The name of the annex |
No. of pages |
1. |
Conditions of use of subterranean depths | |
2. |
Map or plan on which the borders of the deposit, the borders of the land parcels in the ownership or lease of the authorisation addressee, the border of the authorisation area with border points shall be depicted; a table with the border point co-ordinates in the Latvian co-ordinates system LKS-92 TM | |
3. |
Limit for the Extraction of Mineral Resources |
Annexes to the authorisation shall be an integral part thereof.
Representative of the local government | |
(given name, surname, signature*) |
Place for a seal*
Note. * The document details "signature" and "place for a seal" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.
Minister for Environmental
Protection
and Regional Development R. Vējonis
Annex 12
Cabinet
Regulation No. 696
6 September 2011
[16 April 2019]
Licensee/ authorisation recipient |
Licence/ authorisation number |
Administrative affiliation and address (if possible) |
Name of the deposit/ licensed object |
Validity of the licence/ authorisation |
Type of Use of Subterranean Depths |
Date of issuing the licence/ authorisation |
|
from |
to |
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Annex 13
Cabinet
Regulation No. 696
6 September 2011
[16 April 2019]
Licensee/ authorisation recipient |
Licence/ authorisation number |
Administrative affiliation and address (if possible) |
Name of the deposit/ licensed object |
Validity of the licence/ authorisation |
Type of Use of Subterranean Depths |
Number of the decision on restriction, suspension or cancellation of the licence/ authorisation |
Date of the decision on restriction, suspension or cancellation of the licence/ authorisation |
|
from |
to |
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Translation © 2019 Valsts valodas centrs (State Language Centre)