Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
11 February 1999 [shall
come into force from 10 March 1999];
7 September 2000 [shall come into force from 28 September
2000];
16 December 2004 [shall come into force from 11 January
2005];
5 October 2006 [shall come into force from 1November
2006];
12 June 2009 [shall come into force from 1 July
2009];
17 June 2010 [shall come into force from 21 July
2010];
21 October 2010 [shall come into force from 11 November
2010];
16 December 2013 [shall come into force from 1 January
2011];
16 May 2013 [shall come into force from 18 June
2013].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
and the President has proclaimed the following Law:
Law On Subterranean
Depths
Chapter I
General Provisions
Section 1. Terms Used in this Law
The following terms are used in this Law:
1) soil - upper unconsolidated layer of the Earth's
crust which has been formed under the effect of atmospheric and
biological factors and which features natural fertility;
2) widespread mineral resources - mineral resources
spread throughout the territory of Latvia and present in
sufficient amount;
21) an authorisation for the extraction of
widespread mineral resources - an administrative act that
grants the right to the addressee thereof to use subterranean
depths within the specified limits and for a specified period of
time, taking into account the conditions of the
authorisation;
3) mineral resources - formations of non-organic or
organic origin (also groundwater) the use of which is practically
possible and economically viable;
4) deposit of mineral resources - a natural set of
mineral resources the amount, the quality and conditions of
extraction of which have been assessed and the practical use of
which is possible;
5) register of deposits of mineral resources -a set of
data regarding the stocks of mineral resources in deposits and
the quality thereof;
6) extraction of mineral resources - a complex of
activities for the separation of the mineral resources from their
natural environment;
7) exploration of mineral resources - the geological,
geophysical, geochemical and technical activities at the licence
area the aim of which is to determine the quality and stock of
the mineral resources in a deposit, as well as to assess the
commercial significance of the deposit of mineral resources;
8) balance of the stock of mineral resources - the
collection of data in respect to a certain period of time
regarding the amounts of extraction of mineral resources, losses
of stocks and remaining stocks of mineral resources;
9) prospection of mineral resources - aim-oriented
geological exploration in order to find perspective deposits of
mineral resources for further exploration;
10) concrete ring well - a water supply installation
fixed with a concrete ring for the reception of groundwater;
11) geological information - data regarding the
construction, properties and resources of subterranean
depths;
12) geological exploration - geological works of all
types, including geological research, the aim of which is to
discover the structure, composition, properties, state of
subterranean depths, as well as regularities of spread of useful
properties and location of mineral resources and subterranean
depths;
13) borehole of water abstraction - a water supply
installation fixed with pipes for the receiving of
groundwater;
14) licence area - a district (block) or set of several
districts (blocks) of subterranean depths intended for a certain
purpose of use of subterranean depths, the frontiers of which are
specified in the licence for use of subterranean depths or
authorisation for the extraction of widespread mineral
resources;
15) hydrocarbons - untreated petroleum (crude oil),
natural gas and gas condensates;
151) underground structures - tunnels,
artificial caves, pits, shelters, as well as storage facilities
for hydrocarbons and carbon dioxide in geological structures;
152) useful properties of subterranean
depths - physical features of rocks (porosity, permeability,
density, capacity of insulation, thermal energy etc.), as well as
geological structures which may be used in the national
economy;
153) prospection of hydrocarbons -
geophysical and geochemical exploration of a territory and data
processing to analyse geological structure thereof and evaluate
the potential spread of hydrocarbon deposits;
154) exploration of hydrocarbons -
geological, geophysical and geochemical exploration of
hydrocarbons, arrangement of exploration well, exploration works
in a well, including core lifting, geophysical exploration,
pumping out of liquid (also hydrocarbons) from experimental well,
quality testing and other works in order to evaluate and choose
extraction technologies and calculate stocks of hydrocarbons;
155) experimental extraction of hydrocarbons
- pumping of hydrocarbons performed during their exploration from
the exploration well of hydrocarbons in order to determine the
size of a hydrocarbon deposit, composition thereof, as well as
the most efficient applicable technology for the extraction of
hydrocarbons;
156) extraction of hydrocarbons - separation
of hydrocarbons from their natural environment in order to obtain
profit from the sale of such hydrocarbons;
16) [16 December 2004];
17) mineral resources of national significance -
hydrocarbons untreated petroleum (crude oil), natural gas
and groundwater (freshwater, mineral water, thermal water and
water used in industry);
18) deposit of mineral resources of national
significance - a deposit specified by the Cabinet, which is
located in the territory of Latvia or in the exclusive economic
zone and the stocks of which ensure the needs for the relevant
mineral resource of the State or several regions thereof;
19) section of subterranean depths of national
significance - districts of the Earth's crust specified by
the Cabinet in the territory of Latvia or in the exclusive
economic zone in which the properties of subterranean depths have
been specified and the use of which may be of especially
significant meaning in the national economic, protection and in
other fields;
20) subterranean depths - a part of the Earth's crust
which is located under the soil, inland and sea water up to the
depths in which the use thereof is economically and technically
possible;
21) use of subterranean depths - geological
exploration, extraction of mineral resources and use of the
useful properties of subterranean depths;
22) licence for the use of subterranean depths - an
administrative act, which grants to the addressee thereof the
right to use the subterranean depth within the specified limits,
in the specified form and for the specified period of time,
taking into account the provisions of the licence;
23) the Earth's crust - the outer, solid part of the
Earth the thickness of which in Latvia is 40-64 km;
24) subterranean depths fund - all usable and
non-useable subterranean depths in the territory of Latvia and in
the exclusive economic zone regardless of the possession (owner)
thereof;
25) monitoring of subterranean depths - the system of
observation, control, analysis and forecasting of the state of
subterranean depths;
26) State geological supervision of the subterranean depths
fund - the system of measures specified in regulatory
enactments the task of which is to follow, how the procedures for
the use of subterranean depths specified in regulatory
enactments, normative documents and authorisations or licences
(the programme of compliance of geological exploration of mineral
resources and evaluation of results achieved, acceptance and
record-keeping of stocks of mineral resources) are being complied
with.
[11 February 1999; 16 December
2004; 5 October 2006; 17 June 2010; 16 May 2013]
Section 2. Purpose of this Law
The purpose of this Law is to ensure complex, efficient,
environmentally-friendly and sustainable use of subterranean
depths, as well as specify the requirements for the protection of
subterranean depths.
[16 December 2004]
Section 3. Ownership
(1) Subterranean depths and all mineral resources present
therein shall be owned by the land owner.
(2) The land owner or an accordingly authorised person
thereof, if the land owner is the State or local government
(hereinafter - authorised person), may deal with subterranean
depths as far as this Law and other regulatory enactments do not
restrict his or her rights.
[17 June 2010]
Chapter II
Supervision of Use of Subterranean Depths Fund
Section 4. Supervisory Bodies of Use of Subterranean Depths
Fund
(1) The supervision of the use of subterranean depths fund
regardless of the possession (owner) thereof, in accordance with
the procedures specified in regulatory enactments, shall be
performed by:
1) the Ministry of Environmental Protection and Regional
Development, institutions that are subordinate thereto and the
State limited liability company "Latvian Environment, Geology and
Meteorology Centre";
2) the Ministry of Economics; and
3) local governments.
(2) The competence of the referred to authorities shall be
determined by this Law and other laws, as well as by-laws and
other regulatory enactments of the relevant ministries and bodies
(authorities) approved by the Cabinet.
(3) The Ministry of Environmental Protection and Regional
Development shall ensure the geological supervision of the
subterranean depths fund and the control of the efficient use
thereof.
(4) The Ministry of Economics shall issue licences for
prospection, exploration and extraction of hydrocarbons in the
licence areas specified by the Cabinet in accordance with the
procedures specified by the Cabinet, as well as shall perform
administrative supervision of the prospection, exploration and
extraction of hydrocarbons.
(5) Local governments in the administrative territories
thereof shall:
1) issue authorisations for the extraction of widespread
mineral resources in accordance with the procedures specified by
the Cabinet and in compliance with the limits specified by the
State Environmental Service, except for the cases specified in
Section 10, Paragraph one, Clause 3, Sub-clauses (a) and (b) of
this Law; and
2) supervise recovering of places of extraction of mineral
resources.
(6) Income from the State fee received regarding the
authorisations for extraction of widespread mineral resources
shall be used for covering the expenses for the fulfilment of
functions assigned to local governments.
(7) [16 December 2004]
[11 February 1999; 16 December
2004; 5 October 2006; 12 June 2009; 17 June 2010; 16 December
2010]
Section 5. Forms of Supervision of the Use of Subterranean
Depths
(1) The State limited liability company "Latvian Environment,
Geology and Meteorology Centre" shall, in accordance with the
procedures specified in this Law and other regulatory
enactments:
1) accept and record stocks of mineral resources;
2) draw up the register of deposits of mineral resources and
balance of the stock of mineral resources;
3) [12 June 2009];
4) obtain and compile geological information and store it in
the State Geology Fund; and
5) organise the geological mapping of the State territory.
(2) The Cabinet is entitled to burden the land owned by legal
persons and natural persons and depths thereof with restrictions
on ownership rights necessary for the State in the cases
specified by the laws.
(3) The land may be alienated from owners in accordance with
the Law On the Expropriation of Immovable Property for the State
or Public Needs for national security, environment and
subterranean depths protection needs, use of mineral resources
and deposits of national significance, as well as use of sections
of subterranean depths of national significance, arrangement and
exploitation of structures of national significance.
(4) The Cabinet shall:
1) determine the procedures, by which the State limited
liability company "Latvian Environment, Geology and Meteorology
Centre" shall accept the stocks of mineral resources and
co-ordinate the passport of the borehole of water abstraction and
source; and
2) approve the price list of paid services related to the
accepting of the stocks of mineral resources and the
co-ordination of the passport of the borehole of water
abstraction and source.
[11 February 1999; 16 December
2004; 12 June 2009; 17 June 2010]
Chapter III
Use of Subterranean Depths
Section 6. Guiding Principles for the Use of Subterranean
Depths
(1) Subterranean depths are a non-renewable asset, which is to
be used for the benefit of land owners, the State and public.
(2) The value of subterranean depths shall not be included in
the cadastral value of the land and tax on wealth shall not be
paid for the subterranean depths. The land owner or his or her
authorised person shall use the subterranean depths within the
boundaries of his or her property free of charge in accordance
with the provisions of Section 11 of this Law.
(3) Users of subterranean depths shall use the subterranean
depths, observing the requirements of regulatory enactments
regarding the protection of cultural monuments, environmental
impact assessment, the protection and use of specially protected
nature territories, as well as the requirements of other
regulatory enactments in the field of environmental
protection.
(4) In ensuring the rational use and protection of
subterranean depths, the State and local government may restrict,
suspend or terminate any activity of legal persons and natural
persons in the use of subterranean depths in the cases provided
for in and in accordance with the procedures specified in this
Law and other regulatory enactments.
[5 October 2006; 17 June 2010]
Section 7. Types of Use of Subterranean Depths
The types of use of subterranean depths shall be as
follows:
1) geological, hydrogeological, engineering geological,
geo-ecological or geophysical exploration;
2) establishment of a monitoring system of subterranean depths
or performance of monitoring;
3) prospection, exploration or extraction of mineral
resources;
4) use of useful properties of subterranean depths; and
5) establishment, conservation and liquidation of boreholes,
except establishment of boreholes using the subterranean depths
in the way referred to in Clauses 1 and 2 of this Section.
[16 December 2004; 17 June
2010]
Section 8. Users of Subterranean Depths
(1) Subterranean depths may be used by:
1) a land owner or legal possessor;
2) an authorised person of the land owner;
3) a person who has entered into a contract with the land
owner or his or her authorised person, in which the type of use
of subterranean depths is indicated. This contract is a mandatory
precondition for the receipt of the licence for the use of
subterranean depths or the authorisation for the extraction of
widespread mineral resources. If in cases specified by the
Cabinet the licence for the use of subterranean depths is issued
for the use of subterranean depths throughout the territory of
Latvia, the contract with the land owner or authorised person
thereof shall be entered into prior to the commencement of the
use of subterranean depths;
4) in inland public water - a person who has been issued the
licence for the use of subterranean depths or the authorisation
for the use of natural resources; and
5) in internal maritime water, territorial sea and exclusive
economic zone of the Republic of Latvia in the licence areas
specified by the Cabinet - a person who has been issued the
licence for the use of subterranean depths or the authorisation
for the use of natural resources.
(2) The Cabinet shall determine:
1) the procedures for the use of subterranean depths in public
water;
2) the procedures for the use of subterranean depths in the
territorial sea and exclusive economic zone of the Republic of
Latvia;
3) the procedures for the extraction of mineral resources;
and
4) the procedures for the calculation of land lease payment if
a public person rents the land for the use of subterranean
depths.
[16 December 2004; 5 October 2006;
17 June 2010; 21 October 2010; 16 May 2013]
Section 9. Time Period for the Use of Subterranean Depths
A licence for the use of subterranean depths or an
authorisation for the extraction of widespread mineral resources
shall be issued, as well as State or local government land shall
be leased for the use of subterranean depths or transferred for
the use for the following periods of time:
1) for geological, hydrogeological, engineering geological,
geo-ecological or geophysical exploration, exploration of mineral
resources, establishment of a monitoring system of subterranean
depths or performing of monitoring thereof - for the period of
time up to 5 years;
2) for exploration of hydrocarbons - for the period of time up
to 10 years;
3) for prospection of mineral resources - for the period of
time up to five years;
4) for establishment, conservation or liquidation of a
borehole - for the period of time up to one year;
5) for the extraction of mineral resources or use of useful
properties of subterranean depths - for the period of time up to
25 years; and
6) for geological exploration and extraction of mineral
resources or use of the useful properties of subterranean depths
which follows thereto - for the period of time up to 30
years.
[16 December 2004; 17 June
2010]
Section 10. Procedures for the Use of Subterranean Depths
(1) The use of subterranean depths may be commenced only then,
if in accordance with the procedures specified by the Cabinet
(except for the cases referred to in Section11 of this Law) the
following documents have been received:
1) an authorisation issued by the local government - in the
cases specified in Section 4, Paragraph five of this Law;
2) a licence issued by the Ministry of Economics - in the
cases specified in Section 4, Paragraph four of this Law;
3) a licence issued by the State Environmental Service:
a) in the case, when the deposit of widespread mineral
resources is included in the administrative territory of several
local governments;
b) in the case, when in addition to widespread mineral
resources in the deposit of mineral resources the stocks of other
mineral resource has been accepted;
c) in the case, when mineral resources are extracted by a
local government;
d) in the case, when subterranean depths are used in public
water, the territorial sea and exclusive economic zone of the
Republic of Latvia; and
e) in all other cases.
(2) In the cases specified by the Cabinet in respect of the
lands owned by the State or local governments the licence for the
use of subterranean depths, except production of hydrocarbons, or
the authorisation for the extraction of widespread mineral
resources shall be issued to a person who has won in a
competition or tender regarding the land lease rights and the
receipt of the licence or authorisation.
(21) The Cabinet shall determine the cases when a
licence shall be issued for the use of subterranean depths
throughout the territory of Latvia.
(22) For the use of subterranean depths in public
water, the territorial sea and exclusive economic zone of the
Republic of Latvia, the licences for the use of subterranean
depths shall be issued in accordance with the competition
procedures. If the licence for the use of subterranean depths is
necessary for geological exploration related to the construction,
establishment or operation of buildings in the sea, the
competition shall not be organised and the referred to licence
shall be issued to one of the following persons:
1) a person who, in accordance with the regulatory enactments
regarding maritime environment protection and management, has
received an authorisation or permit for the use of the relevant
licence area for the construction, establishment, including the
research related thereto, and operation of buildings in the sea;
or
2) a person who has entered into a written contract regarding
the performance of geological exploration with the person
referred to in Clause 1 of this Paragraph.
(3) For the use of subterranean depths of national
significance, the licences for the use of subterranean depths
shall be issued in accordance with the competition procedures.
The by-law of the competition shall be developed and approved by
the State Environmental Service.
(4) The State fee shall be paid for a licence for use of
subterranean depths, an authorisation for the extraction of
widespread mineral resources and a passport of the deposit. The
amount for the State fee and procedures for payment shall be
determined by the Cabinet.
(41) State Environmental Service shall issue
permits for storage of waste from extraction. The State
Environmental Service shall examine a submission on a permit for
storage of waste from extraction and take a decision within a
time period which is no longer than 60 days.
(5) If it is intended to use mineral resources extracted as a
result of the use of subterranean depths for maintaining of roads
of the local government, for improvement of the territory or the
maintaining of buildings owned by them, then on the basis of the
request of the local government and determining the extraction
limits required for these works, the State fee for the issuance
of the licence for use of subterranean depths to local
governments in respect of land owned by them or that is in their
permanent use shall not be paid.
(6) It is prohibited to pledge, sell, give as present, change
or otherwise alienate licences for the use of subterranean depths
and the authorisations for the extraction of widespread mineral
resources. If the user of the subterranean depths changes, a
licence or authorisation issued previously shall lose its effect,
but the new user of the subterranean depths has the right to
receive a new licence or authorisation without competition
(tender), if he or she undertakes the duties specified in the
licence or authorisation issued previously. Licences for
prospection, exploration and production of hydrocarbons may be
alienated in accordance with Paragraph thirteen of this
Section.
(7) The procedures for the use of mineral resources of
national significance, deposits of national significance and the
procedures for prospection, exploration and extraction of
hydrocarbons, as well as the provisions regarding environment
protection in works of exploration and extraction of hydrocarbons
carried out in the sea shall be regulated by the Cabinet. The
Cabinet regulations shall also regulate the procedures for the
use of mineral resources 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.
(8) The provisions for the use of a section of the
subterranean depths of national significance shall be determined
by the Cabinet separately for each section.
(9) Ground water may be used, if the passport of the borehole
of water abstraction or sources has been co-ordinated or the
stocks of the deposit of ground water have been accepted and the
passport of the deposit has been received. In the cases specified
in the regulatory enactments regarding environment protection an
authorisation for the use of water resources or a relevant
authorisation for the performance of polluting activity must be
received prior to the commencement of water abstraction.
(10) General procedures for competition or tendering of
issuance of authorisations for the extraction of mineral
resources and licences for the use of subterranean depths, as
well as the procedures for licensing of works related to the
prospection, exploration and production of hydrocarbons shall be
determined by the Cabinet.
(11) Mineral resources, except for hydrocarbons and ground
water, shall be extracted, if the stocks of mineral resources
have been accepted, the passport of deposit has been received and
a project for extraction of mineral resources has been developed
(if it is specified in the regulatory enactments regulating the
use of subterranean depths that such project is necessary). The
contents of the passport shall be determined by the Cabinet.
(12) A State fee shall be paid for the production of
hydrocarbons. The amount of the fee and the procedures for the
calculation and payment thereof shall be determined by the
Cabinet.
(13) Licences for prospection, exploration and production of
hydrocarbons may be alienated. The holder of the licence for
prospection, exploration and production of hydrocarbons must
conform to the requirements specified by the Cabinet and must
undertake all the liabilities specified in the licence. The
issuer of the licence shall issue the licence to the holder of
the licence for prospection, exploration and production of
hydrocarbons with the same conditions, without changing the
period of validity of the previously issued licence. The
procedures and conditions for the change of the licensee shall be
regulated by the Cabinet.
(14) A user of subterranean depths shall, in accordance with
the procedures and the amount specified by the Cabinet, pay an
annual State fee into the State basic budget for the right to use
the subterranean depths in public water, the territorial sea and
exclusive economic zone of the Republic of Latvia, except for the
prospection, exploration and production of hydrocarbons, as well
as geological exploration, which is related to the construction,
establishment and operation of buildings in the sea and which
takes place in accordance with the regulatory enactments in the
field of maritime environment protection and management.
[16 December 2004; 5 October 2006;
12 June 2009; 17 June 2010; 21 October 2010; 16 May 2013]
Section 11. Use of Subterranean Depths Without an Authorisation
for the Extraction of Mineral Resources or a Licence for the Use
of Subterranean Depths
(1) Land owners or their authorised persons shall use the
subterranean depths, except hydrocarbons, within the boundaries
of their property without a licence for the use of subterranean
depths or authorisation for the extraction of mineral resources
in the following cases:
1) for the extraction of the widespread mineral resources
specified in Annex to this Law in the total area up to 0.5
hectares and in depths up to 2 metres, if the mineral resources
extracted are used within the boundaries of their land property;
and
2) in installing and using concrete ring wells and boreholes
of water abstraction in depths up to 20 metres, if it is intended
to abstract not more than 10 cubic metres ground water per
day.
(2) [17 June 2010]
[16 December 2004; 5 October 2006;
12 June 2009; 17 June 2010; 21 October 2010]
Section 111. Use of Subterranean Depths when Acquiring
Mineral Resources as a Result of the Construction of Underground
and Surface Structures
(1) If as a result of the construction of underground and
surface structures, including the installation ponds and other
bodies of water, cleaning of surface bodies of water or
deepening, mineral resources are obtained and it is intended to
realise them, then an authorisation for the use of the natural
resources issued by the regional Environmental Board shall be
required.
(2) Performing construction of surface and underground
structures, cleaning and deepening works of surface bodies of
water as a result of which mineral resources in an amount of less
than 1 000 cubic meters are obtained, the authorisation specified
in Paragraph one of this Section is not required.
(3) If as a result of establishment, cleaning or deepening of
surface water bodies mineral resources are extracted, the licence
for the use of subterranean depths shall be received in cases
when:
1) a surface water body is established, cleaned or deepened
within a territory of a deposit of mineral resources included in
the register of deposits of mineral resources;
2) during establishment of one or several surface water bodies
it is intended to extract the mineral resources referred to in
Annex to this Law in amount of not exceeding 20 000 cubic metres;
and
3) during establishment of a surface water body it is intended
to extract mineral resources, which are not referred to in Annex
to this Law.
[16 December 2004; 17 June
2010]
Section 12. Servitude Rights Using Subterranean Depths [16
December 2004].
Section 121. Restriction for Proprietary Rights of
Subterranean Depths in the Sections of Subterranean Depths of
National Significance
(1) Restriction for proprietary rights of subterranean depth
may be specified in the sections of subterranean depths of
national significance, if it is necessary in the interests of
public and State to use useful properties of subterranean depths
or obtain ground water. The Cabinet shall decide separately
regarding each restriction of proprietary rights and each case of
the use of subterranean depths or properties thereof.
(2) Procedures by which compensation regarding the restriction
of proprietary rights specified in accordance with Paragraph one
of this Section is to be calculated and disbursed to a landowner,
shall be determined by the Cabinet. An agreement in writing
regarding the amount of compensation to be disbursed regarding
the restriction of proprietary rights shall be entered into.
(3) The contract referred to in Section 8, Paragraph one,
Clause 3 of this Law for the receipt of the licence for the use
of subterranean depths for the performance of geological
exploration works within the interests of the society and the
State in sections of subterranean depths of national significance
shall not be necessary, except for the cases when new boreholes
are established for the needs of geological exploration or if, in
performing works of geological exploration, losses to the land
owner will be made. The user of subterranean depths shall inform
the relevant land owner in writing regarding the time and place
of performance of geological exploration works at least two weeks
prior to the commencement of the works.
(4) The compensation referred to in Paragraph two of this
Section shall not be paid, if the user of subterranean depths,
which has received the licence for the use of subterranean depths
in accordance with the procedures specified in regulatory
enactments, performs geological exploration within the interests
of the society and the State in sections of subterranean depths
of national significance.
[16 December 2004; 17 June
2010]
Section 13. Rights of Users of Subterranean Depths
The users of subterranean depth have the following rights:
1) to use the subterranean depths for the activity indicated
in the licence for the use of subterranean depths or the
authorisation for the extraction of widespread mineral
resources;
2) utilise the obtained as a result of the use of subterranean
depths in accordance with the authorisation or licence and
regulatory enactments in force;
3) use by-products obtained during the extraction and
processing of mineral resources, if restrictions have not been
provided for in the authorisation or licence;
4) propose reviewing of provisions indicated in the
authorisation or licence by the issuer of the authorisation or
licence, if conditions, which significantly differ from the
information indicated in the authorisation or licence, have
arisen during the use of subterranean depths;
5) receive an extension of the term of the authorisation or
licence or a new authorisation or licence, if the provisions of
the previous authorisation or licence have been duly performed
and if it is allowed by the contract of the use of subterranean
depths entered into with the land owner or his or her authorised
person.
[5 October 2006; 17 June 2010]
Section 14. Duties of the Users of Subterranean Depths
The users of subterranean depths have the following
duties:
1) to observe the requirements of regulatory enactments, the
licence for the use of subterranean depths, the authorisation for
the extraction of widespread mineral resources or the licence for
the extraction of natural resources in works connected with the
use of subterranean depths;
2) to observe the procedures for the obtaining of mineral
resources approved by the Cabinet;
3) to ensure preparation of geological documentation and take
care of the storage thereof during the course of the geological
exploration of subterranean depths;
4) to submit the geological information to the State limited
liability company "Latvian Environment, Geology and Meteorology
Centre" in accordance with the procedures and within the period
of time specified in the authorisation or licence, as well as the
data obtained regarding the stocks of mineral resources and
properties thereof;
5) to submit reports required regarding the use of
subterranean depths in accordance with the procedures specified
in regulatory enactments;
6) to observe the requirements of the laws and regulations
governing environmental protection, protection of cultural
monuments, land transformation, as well as protection of
structures and other objects and to prevent that the use of
subterranean depths leaves harmful effect to them; the users of
subterranean depths shall not be liable regarding infringements
of the laws and regulations committed by previous users;
7) to remove and preserve the part of fertile soil for
recovering;
8) to recover at their own expense damages caused as a result
of the use of subterranean depths within the term indicated in
the authorisation or licence;
9) [17 June 2010];
10) to suspend or restrict the use of subterranean depths, if
geological formations, meteorites, archaeological or other
objects significant for science, culture and environmental
protection have been discovered, as well as immediately notify
the issuer of the authorisation or licence, if necessary - the
State Inspection for Heritage Protection, regarding the find. If
further use of subterranean depths endangers or damages these
objects, the use of subterranean depths shall be
discontinued;
11) to manage the waste from extraction in accordance with the
procedures for the management of waste from extractive industries
specified by the Cabinet; and
12) to compensate to the State expenses related to
rectification of negative consequences caused by deforestation
(if extraction of mineral resources is intended in a forest) in
conformity with the laws and regulations in the field of forest
and activities related thereto.
[16 December 2004; 5 October 2006;
12 June 2009; 17 June 2010; 16 May 2013]
Chapter IV
Protection of Subterranean Depths
Section 15. Main Requirements in the Protection of Subterranean
Depths
Main requirements in the protection of subterranean depths
shall be as following:
1) the complete and complex exploration of subterranean
depths;
2) the rational extraction of mineral resources, as well as
use of the by-products present in deposits;
3) in the use of subterranean depths to not allow harmful
effect on the stock of mineral reserves and the properties of
subterranean depths;
4) use of subterranean depths preventing pollution with
ecologically dangerous substances to be stored in underground and
surface structures and storehouses, as well as waste water;
and
5) adjustment and control of subterranean depths.
Section 16. Limitation, Suspension of Use of Subterranean Depths,
Cancellation of an Authorisation or Licence
(1) The State Environmental Service shall take a decision
regarding limitation or suspension of the use of subterranean
depths if it detects that the requirements of a licence for the
use of subterranean depths, an authorisation for the extraction
of widespread mineral resources or the regulatory enactments
regulating the use of subterranean depths are being violated, as
well as if the use of subterranean depths results in threats to
human health, the environment or property. The decision of the
State Environmental Service may be contested to the Environment
State Bureau. The decision of the Environment State Bureau may be
appealed to a court in accordance with the procedures specified
in the Administrative Procedure Law.
(2) The State Inspection for Heritage Protection shall
initiate the limitation or suspension of the use of subterranean
depths to a holder of the licence for the use of subterranean
depths or authorisation for the extraction of widespread mineral
resources, if it may result in threats to cultural monuments.
(3) The licence for the use of subterranean depths or
authorisation for the extraction of widespread mineral resources
shall be cancelled by the issuer thereof, if the addressee of the
licence or authorisation:
1) has not commenced the use of subterranean depths within a
year from the coming into effect of the licence for the use of
subterranean depths (except the licence for the extraction of
mineral resources);
2) has not commenced the extraction of mineral resources
(except the production of hydrocarbons) within three years from
the coming into effect of the relevant licence or
authorisation;
3) uses the subterranean depths in a way not specified in the
licence for the use of subterranean depths; or
4) systematically violates the requirements of regulatory
enactments in relation to the use and protection of subterranean
depths or the conditions of the licence for the use of
subterranean depths or authorisation for the extraction of
widespread mineral resources.
(4) The decision of the State Environmental Service regarding
the cancellation of the licence for the use of subterranean
depths may be contested to the Environment State Bureau. The
decision of the Environment State Bureau may be appealed to a
court in accordance with the procedures specified in the
Administrative Procedure Law.
(5) A decision of a local government regarding cancellation of
the authorisation for the extraction of widespread mineral
resources may be contested and appealed in accordance with the
procedures specified in the Law On Local Governments and the
Administrative Procedure Law.
(6) The submitting of a submission for contesting of the
decision referred to in this Section regarding the limitation or
suspension of the use of subterranean depths or the cancellation
of the licence for the use of subterranean depths or
authorisation for the extraction of widespread mineral resources
or the submitting of an application to the court regarding the
revocation or validity of such decision or the recognition
thereof as unlawful shall not suspend the operation of the
decision.
[11 February 1999; 16 December
2004; 5 October 2006; 12 June 2009; 17 June 2010]
Section 17. Conditions for the Construction of Areas of Spread of
Mineral Resources
(1) In reviewing the projects for construction of populated
areas, industrial or recreational complexes, as well as other
objects, the environmental protection institutions shall
evaluate, whether in the subterranean depths of the land to be
constructed there are no deposits of mineral resources of
national significance.
(2) Construction of areas of deposits of mineral resources of
national significance or areas of spread of subterranean depths
sections of national significance, as well as designing and
construction of underground structures shall be permissible only
after the receipt of the authorisation of the State Environmental
Service.
[16 December 2004; 12 June
2009]
Section 18. Control of the Use and Protection of Subterranean
Depths
(1) The control of the use and protection of subterranean
depths shall be performed in accordance with the procedures
specified in this Law and other regulatory enactments regulating
the use of subterranean depths by the issuer of the authorisation
for the extraction of mineral resources or the issuer of the
licence for the use of subterranean depths or the State
Environmental Service.
(2) Local government after the co-ordination with the State
Environmental Service may perform measures for the protection of
subterranean depths of local significance and for the control of
the use thereof within the framework of this Law.
[16 December 2004]
Chapter V
Liability for Violations in the Use of Subterranean Depths and
the Recovery of Damages
Section 19. Liability for Violations in the Use of Subterranean
Depths
Persons who, in using subterranean depths, have violated the
requirements specified in this Law and in other regulatory
enactments, as well as officials, which in contrary to the
requirements of this Law and other regulatory enactments have
issued authorisations for the extraction of mineral resources or
licences for the use of subterranean depths shall be held liable
in accordance with the laws.
[11 February 1999]
Section 20.
[17 June 2010]
Section 21. Liability Regarding the Harm Caused by Previous Land
Owners and Users of Subterranean Depths
(1) A land owner for which the ownership rights have been
restored to the land or to which the land has been handed over in
the ownership anew in accordance with the Laws On Land Reform in
the Cities of the Republic of Latvia and On Land Privatisation in
Rural Areas, shall not be held liable regarding the harm caused
by previous land owners or users of subterranean depths to the
land and subterranean depths.
(2) The owner of subterranean depths or the user of
subterranean depths may eliminate harm caused to the land and
subterranean depths by other persons prior the obtaining of
ownership rights to the land, by performing recovering and
purification at his or her own expense. In such case it shall be
indicated in the authorisation for the extraction of widespread
mineral resources or the licence for use of subterranean depths
and the relief for the State fee for the receipt of the
authorisation or licence shall be applied.
(3) The land owners shall be exempted from the payment for
court costs during the State reform, if they bring an action in
court regarding the recovery of damages against institutions that
have issued an unjustified authorisation for the use of
subterranean depths or against persons who have used the
subterranean depths owned by the land owners arbitrarily.
[5 October 2006]
Section 22. Informative Basis for the Use and Protection of
Subterranean Depths
(1) Geological information shall be compiled and stored in the
Geological Information System. It shall include the results of
geological exploration, scientific research works, results of
subterranean depths monitoring, as well as the data obtained as a
result of the extraction of mineral resources and the use of
other types of subterranean depths. The State Geological
Information System belongs to the State, it shall be managed by
the State limited liability company "Latvian Environment, Geology
and Meteorology Centre".
(2) Geological exploration, scientific research works and
monitoring of subterranean depths shall be performed upon the
procurement of the government, local governments, or order of the
users or owners of subterranean depths.
(3) The geological exploration and scientific research in the
lands owned by the State and local governments shall be performed
in accordance with the programmes for geological and scientific
research or government and local governments procurements
received. In the land owned by legal persons and natural persons
these works shall be performed in accordance with the programmes
for scientific research or the government, local governments
procurements, orders of the users of subterranean depths or land
owners and within the period of time (terms) co-ordinated with
the land owner or user of subterranean depths.
(4) Persons who perform geological exploration of subterranean
depths, scientific research, as well as the monitoring of
subterranean depths, shall ensure a careful and economical
attitude towards the environment and land owner and the property
of the user of subterranean depths.
(5) [17 June 2010]
[17 June 2010]
Section 23. Basic Provisions for the Creation and Use of the
Geological Information System
[17 June 2010]
(1) The information obtained as a result of geological
exploration and scientific research, as well as the monitoring of
subterranean depths or as a result of the use of other types of
subterranean depths shall be possessed by the State, if these
works have been performed by the funds from the State budget or
local government. If such information has been obtained by the
order of legal persons or natural persons and by their funds, it
shall be owned by the relevant legal person or natural
person.
(2) The local government, any legal person or natural person
regardless of the type of financing of works shall hand over the
geological information obtained as a result of the use of
subterranean depths to the State on behalf of the State limited
liability company "Latvian Environment, Geology and Meteorology
Centre" free of charge by entering into a contract regarding the
use thereof. The State limited liability company "Latvian
Environment, Geology and Meteorology Centre" shall submit to the
Ministry of Economics the information obtained as a result of the
geological exploration of hydrocarbons, as well as prospection,
exploration and production of hydrocarbons. The State limited
liability company "Latvian Environment, Geology and Meteorology
Centre" shall compile, process and store information, as well as
ensure access thereto.
(3) The owner of geological information may not prohibit to
use the information, if as a result of the non-use thereof a
damage to the environment has been caused or such may arise.
(31) The Geological Information System shall be the
property of the State. The system shall include the State geology
fund, the archives, the library of geologically technical
literature, the depository of borehole cores and the collections
created therein, the electronic information systems developed
using the resources from the State budget and other data.
(4) The content and conditions for the use of the Geological
Information System shall be regulated by the Cabinet.
(5) Geological information and samples have the status of
restricted access information (except for the case referred to in
Paragraphs three and six of this Section), which have been
extracted:
1) during prospection, exploration and extraction of
hydrocarbons on land - for 10 years from the transfer of
information to the centre; and
2) during prospection, exploration and extraction in the sea -
during the entire time period of validity of a relevant licence
for use of subterranean depths.
(6) Geological information that is not referred to in
Paragraph five of this Section has the status of restricted
access information (except for the case referred to in Paragraph
three of this Section) for five years, if the owner of the
information has specified it upon transferring the geological
information to the State.
[11 February 1999; 16 December
2004; 12 June 2009; 17 June 2010; 16 May 2013]
Chapter VI
Final Provision
Section 24. Procedures for the Examination of Disputes
Disputes arising during the course of the use of subterranean
depths shall be examined in accordance with the regulatory
enactments in force.
Transitional
Provisions
1. With the coming into force of this Law, the Law On Approval
of Code of Subterranean Depths of Latvia, Code of Subterranean
Depths (Latvijas PSR Augstākās Padomes un Valdības
Ziņotājs, 1976, No. 23; 1980, No. 9; 1982, No. 52; 1985, No.
1; . 1988, No.1).
2. The Cabinet shall approve the list of deposits of mineral
resources of national significance within 6 months after coming
into force of this Law.
3. Up to the approval of the list of deposits of mineral
resources of national significance the deposits of mineral
resources of industrial significance referred to in the Decision
of the Council of Ministers, of 13 November 1991, No. 316,
Regarding Approval of the List of Mineral Deposits and Peat
Deposits of Industrial Significance, shall be considered as
deposits of mineral resources of national significance.
4. The Cabinet shall develop regulations regarding the
procedures for the use of mineral resources and deposits of
national significance, as well as sections of subterranean depths
of national significance; regulations regarding the procedures
for licensing of prospection, exploration and production of
hydrocarbons, as well as regulations for prospections,
exploration and production of hydrocarbons within six months
after entering into force of this Law.
[16 December 2004]
5. Until the day of coming into force of the new Cabinet
regulations, but not longer than until 1 July 2005, the following
Cabinet Regulations shall be in force insofar as they are not in
contradiction with this Law:
1) Cabinet Regulation No.239, of 8 July 1997, Regulations for
Use of Subterranean Depths;
2) Cabinet Regulation No. 307, of 5 September 2000, Procedures
for Use of Mineral Resources and Deposits of National
Significance, as well as for Use of Sections of Subterranean
Depths of National Significance;
3) Cabinet Regulation No. 412, of 28 November 2000,
Regulations Regarding the Protection of the Environment during
Exploration and Production of Hydrocarbons in the Sea;
4) Cabinet Regulation No. 51, of 8 February 2000, Regulations
for Prospection, Exploration and Production of Hydrocarbons;
and
5) Cabinet Regulation No. 52, of 8 February 2000, Procedures
for Licensing Competition of Prospection, Exploration and
Production of Hydrocarbons.
[16 December 2004]
6. By 1 September 2005 the Cabinet shall issue the
following:
1) the Regulations referred to in Section 12.1,
Paragraph two of this Law; and
2) the Regulations referred to in Section 14, Clause 2 of this
Law.
[16 December 2004]
7. If the use of useful properties of subterranean depths has
been commenced prior to the day of coming into force of the
amendments to this Law accepted on 16 December 2004, the user of
subterranean depths shall not have to receive the authorisation
for extraction of mineral resources or a licence for the use of
subterranean depths up to the end of the term of validity of the
contract entered into regarding the use of subterranean depths.
These users of subterranean depths shall observe the requirements
of regulatory enactments regulating the use of subterranean
depths up to the receipt of the authorisation (licence), as well
as he or she shall submit all geological information related to
the use of subterranean depths to the relevant environmental
protection institution
[16 December 2004]
8. Up to the day of coming into force of new Cabinet
Regulations, but no longer than up to 30 April 2007 the Cabinet
Regulation No. 449 of 21 June 2005, General Procedures for
Issuance of Licences for Use of Subterranean Depths and
Authorisations for Extraction of Widespread Mineral Resources, as
well as Use of Geological Information, and the Cabinet
Regulation No. 691 of 13 September 2005, Regulations Regarding
Prospection, Exploration and Production of Hydrocarbons,
shall be in force.
[5 October 2006]
9. The Cabinet shall issue the regulations referred to in
Section 10, Paragraph four of this Law by 1 October 2006. Up to
the day of coming into force thereof the licences for the use of
subterranean depths and authorisations for the extraction of
widespread mineral resources shall be issued for charge in
accordance with the Cabinet Regulation No. 449 of 21 June 2005,
General Procedures for Issuance of Licences for Use of
Subterranean Depths and Authorisations for Extraction of
Widespread Mineral Resources, as well as Use of Geological
Information.
[5 October 2006]
10. By 1 May 2008 the Cabinet shall issue the regulations
referred to in Section 14, Clause 11 of this Law.
[5 October 2006]
11. Section 14, Clause 11 of this Law shall come into force on
1 May 2008.
[5 October 2006]
12. By 7 August 2009 the Cabinet shall issue the regulations
referred to in Section 10, Paragraph twelve of this Law.
[12 June 2009]
13. [17 June 2010]
14. Amendments to Section 4, Paragraph three and five, Section
5, Paragraph one, Section 10, Paragraphs one and eleven, Section
11, Paragraph two, Section 14, Clauses 4 and 10, Section 16,
Paragraph four, Section 17, Paragraph two and Section 23,
Paragraph two of this Law regarding the change of the competent
authority shall come into force on 1 August 2009.
[12 June 2009]
15. By 1 September 2011 the Cabinet shall issue the
regulations referred to in Section 5, Paragraph four of this
Law.
[17 June 2010]
16. By 1 September 2011 the Cabinet shall issue the
regulations referred to in Section 8, Paragraph two of this
Law.
[17 June 2010; 21 October 2010]
17. By 1 September 2011 the Cabinet shall issue the
regulations referred to in Section 10, Paragraphs two and eleven,
as well as Section 23, Paragraph four of this Law. Until the date
of the coming into force of these Cabinet regulations, but no
longer than up to 1 September 2011 Cabinet Regulation No. 448 of
21 June 2005, Regulations Regarding Deposits of Mineral
Resources of National Significance and the Procedures for the Use
thereof, the Procedures for the Use of Mineral Resources of
National Significance, as well as the Procedures for Competition
or Tendering of Issuance of Authorisations or Licences for the
Use of Subterranean Depths, and Cabinet Regulation No. 280 of
24 April 2007, General Procedures for the Issue of Licences
for the Use of Subterranean Depths and Authorisations for the
Extraction of Widespread Mineral Resources, and for the Use of
Geological Information, shall be in force insofar as they are
not in contradiction with this Law.
[17 June 2010]
18. By 1 September 2011 the Cabinet shall issue the
regulations referred to in Section 10, Paragraph thirteen of this
Law. Until the date of the coming into force of these Cabinet
regulations, but no longer than up to 1 September 2011 Cabinet
Regulation No. 597 of 4 September 2007, Regulations Regarding
Prospecting, Exploration and Production of Hydrocarbons and
Procedures for Payment and Amount of State Fee, shall be in
force insofar as they are not in contradiction with this Law.
[17 June 2010]
19. By 31 December 2010 the Cabinet shall issue the
regulations referred to in Section 10, Paragraphs 2.1
and fourteen of this Law.
[17 June 2010]
20. Section 10, Paragraph fourteen of this Law shall come into
force on 1 January 2011.
[17 June 2010]
21. Amendments to Section 10, Paragraph 2.2 of this
Law shall come into force concurrently with the Maritime
Environment Protection and Management Law.
[21 October 2010]
22. Amendments to
Section 8 of this Law on the procedures for calculating a land
lease payments, if a public person rents the land for the use of
subterranean depths, shall come into force from 1 November
2013.
[16 May 2013]
Informative Reference to European Union Directive
[16
December 2004; 5 October 2006]
This Law includes legal
norms arising from Directive 94/22/EC of the European Parliament
and of the Council of 30 May 1994 on the conditions for granting
and using authorizations for the prospection, exploration and
production of hydrocarbons and Directive 2006/21/EC of the
European Parliament and of the Council of 15 March 2006.
This Law has been adopted by the Saeima on 2 May
1996.
President G. Ulmanis
Rīga, 21 May 1996
[16 December
2004]
Annex
List of Widespread
Mineral Resources
1. Clay.
2. Sand, sand-gravel.
3. Loose freshwater rocks.
4. Peat deposits up to the area of 5 hectares within the
borders of the property owned by one owner.
5. Loam, sandy loam, aleirite.
1 The Parliament of the Republic of
Latvia
Translation © 2014 Valsts valodas centrs (State
Language Centre)