Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
11 February 1999 [shall
come into force on 10 March 1999];
7 September 2000 [shall come into force on 28 September
2000];
16 December 2004 [shall come into force on 11 January
2005];
5 October 2006 [shall come into force on 1 November
2006];
12 June 2009 [shall come into force on 1 July
2009];
17 June 2010 [shall come into force on 21 July
2010];
21 October 2010 [shall come into force on 11 November
2010];
16 December 2010 [shall come into force on 1 January
2011];
16 May 2013 [shall come into force on 18 June
2013];
21 December 2017 [shall come into force on 18 January
2018];
14 November 2019 [shall come into force on 1 January
2020];
11 June 2020 [shall come into force on 23 June
2020];
25 February 2021 [shall come into force on 24 March
2021];
3 April 2025 [shall come into force on 1 July 2025].
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 Saeima 1 has adopted
the President has proclaimed the following law:
On Subterranean Depths
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the 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) permit for the extraction of widespread
mineral resources - an administrative act that grants the
right to the addressee thereof to use subterranean depths within
specific boundaries and for a specific period taking into account
the conditions of the permit;
3) mineral resources - formations of non-organic or
organic origin (also groundwater) the practical use of which is
possible in the national economy;
4) deposit of mineral resources - a natural set of
mineral resources the amount, quality, and conditions of
extraction of which have been assessed and the practical use of
which is possible in the national economy;
5) register of deposits of mineral resources -a set of
data on the stocks of mineral resources in deposits and their
quality;
6) extraction of mineral resources - a complex of
activities for the separation of the mineral resources from their
natural environment;
7) [3 April 2025];
8) balance of the stock of mineral resources - a set of
data for a specific period on the amounts of extraction of
mineral resources, losses of stocks and remaining stocks of
mineral resources;
9) [3 April 2025];
10) concrete ring well - a water supply installation
fixed with a concrete ring for capturing groundwater;
11) geological information - data on the structure,
properties and resources of subterranean depths;
12) geological exploration - all types of geological
work, including the prospection of mineral resources, geological
mapping, and geological research aimed at discovering the
structure, composition, properties, and state of subterranean
depths, and also regularities of the spread of the useful
properties and location of mineral resources and subterranean
depths;
121) geological exploration of national
significance - geological exploration aimed at obtaining
important information regarding the geological structure,
geological processes and mineral resources (except for
hydrocarbons) of a territory which can be of paramount importance
to the national economy, defence and other fields;
122) geo-ecological exploration -
exploration aimed at obtaining information on the level and
spread of contamination of the soil and subterranean depths,
including groundwater, within a specific territory;
123) geophysical exploration - exploration
aimed at obtaining information on the structure, state, and
composition of subterranean depths of a specific territory, using
the measurements of physical parameters of the Earth (for
example, magnetic and gravity fields, electric resistance,
dielectric permeability) and their interpretation;
124) hydrogeological exploration - all types
of groundwater exploration work aimed at determining the
hydrogeological conditions and characteristics within the
exploration territory and in close interaction with the
surrounding environment;
13) borehole of water abstraction - a water supply
installation fixed with pipes for capturing 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 boundaries of which
are specified in the licence for the use of subterranean depths
or permit 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 a borehole, exploration works in a
borehole, including core lifting, geophysical exploration,
pumping out of liquid (also hydrocarbons) from the borehole,
quality testing and other works in order to evaluate and choose
the production technologies and calculate the stocks of
hydrocarbons;
155) experimental production of hydrocarbons
- pumping of hydrocarbons performed during their exploration from
the borehole, composition and quality testing of hydrocarbons in
order to determine the size of a hydrocarbon deposit, composition
thereof, and also the most efficient applicable technology for
the production of hydrocarbons;
156) [3 April 2025];
16) [16 December 2004];
17) mineral resources of national significance -
hydrocarbons (untreated petroleum (crude oil) and natural gas),
groundwater (freshwater, mineral water, thermal water and water
used in industry) and rocks of the crystalline bedrock;
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 of the State or
several its regions for the relevant mineral resource;
19) section of subterranean depths of national
significance - a district of the Earth's crust specified by
the Cabinet in the territory of Latvia or in the exclusive
economic zone in which the structure or properties of
subterranean depths are or can be of paramount importance to the
national economy, defence and 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 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 its addressee the right to use
the subterranean depth within specific boundaries, in a specific
form and for a specific period, 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 - system for the
observation, control, analysis and forecasting of the state of
subterranean depths;
26) State geological supervision of the subterranean depths
fund - system of measures specified in laws and regulations
the task of which is to follow how the procedures for the use of
subterranean depths specified in laws and regulation, normative
documents and permits 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;
27) landowner - a person which corresponds to the
concept of owner defined in the Civil Law or which is registered
with the State Immovable Property Cadastre Information System as
the legal possessor of a property or which within the framework
of the land reform has acquired an immovable property that has
not been recorded in a Land Register;
28) recovering - a set of actions to be performed after
extraction of mineral resources to prepare the place of
extraction of mineral resources for future land use according to
the planned purpose of land use.
[11 February 1999; 16 December 2004; 5 October 2006; 17
June 2010; 16 May 2013; 25 February 2021; 3 April 2025]
Section 2. Purpose of the 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 landowner.
(2) The landowner, including his or her legal or authorised
representative (hereinafter - the landowner), may deal with
subterranean depths as far as this Law and other laws and
regulations do not restrict his or her rights. If the landowner
is a public entity, an authorised person (hereinafter - the
authorised person) shall act on its behalf.
[17 June 2010; 21 December 2017; 3 April 2025]
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 Energy and Environment Agency, the State Environmental
Service, and valsts sabiedrība ar ierobežotu atbildību
"Latvijas Vides, ģeoloģijas un meteoroloģijas centrs" [State
limited liability company Latvian Environment, Geology and
Meteorology Centre];
2) [3 April 2025];
3) local governments.
(2) The mandate of the abovementioned authorities shall be
determined by this Law and other laws, as well as by-laws and
other regulatory enactments of the relevant ministries and
institutions (authorities) approved by the Cabinet.
(3) The Ministry of Climate and Energy shall ensure the
geological supervision of the subterranean depths fund and the
control of the efficient use thereof.
(4) The Cabinet shall determine the hydrocarbons licence
areas, the conditions for obtaining the licence for the
prospection, exploration, and production of hydrocarbons, the
procedures for the issuing and use thereof, the conditions and
procedures for cancelling, amending, or contesting the license,
and also the conditions and procedures for restricting the
prospection, exploration, and production of hydrocarbons or for
suspending the prospection of hydrocarbons.
(5) Local governments in the administrative territories
thereof shall:
1) issue permits 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;
2) supervise recovering of places of extraction of mineral
resources.
(6) Income from the State fee received from the permits for
the 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; 14 November 2019; 3
April 2025 / Amendments regarding the deletion of Clause 1
of Paragraph five and Paragraph six shall come into force on 1
July 2026 and shall be included in the wording of the Law as of 1
July 2026. See Paragraph 32 of Transitional
Provisions]
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 laws and
regulations:
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;
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) Land may be alienated from owners in accordance with the
procedures laid down in laws and regulations regarding alienation
of immovable property necessary for 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 agree on
the passport of the borehole of water abstraction and source;
2) approve the price list of paid services related to the
accepting of the stocks of mineral resources and the agreement on
the passport of the borehole of water abstraction and source.
[11 February 1999; 16 December 2004; 12 June 2009; 17 June
2010; 25 February 2021]
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 landowners, the State and public.
(2) The value of subterranean depths shall not be included in
the cadastral value of the land and property tax shall not be
paid for the subterranean depths. The landowner 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 by complying with the requirements of laws and regulations
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 laws and
regulations 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 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
laws and regulations.
[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,
geotechnical, geo-ecological, or geophysical exploration;
2) establishment of a monitoring system of subterranean depths
or performance of monitoring;
3) extraction of mineral resources (except for
hydrocarbons);
4) use of useful properties of subterranean depths;
5) establishment, conservation and liquidation of boreholes,
except for the establishment of boreholes using the subterranean
depths in the way referred to in Clauses 1 and 2 of this
Section;
6) prospection, exploration, and production of
hydrocarbons.
[17 June 2010; 3 April 2025]
Section 8. Users of Subterranean
Depths
(1) Subterranean depths may be used by:
1) the landowner;
2) the authorised person;
3) a person who has entered into a contract with the landowner
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 permit for the extraction of
widespread mineral resources. If in cases specified by the
Cabinet, the licence for the use of subterranean depths shall be
issued for the use of subterranean depths throughout the
territory of Latvia, the contract with the landowner or
authorised person thereof shall be entered into prior to
commencing the use of subterranean depths;
4) in inland public waters - a person who has been issued the
licence for the use of subterranean depths;
5) in the internal maritime waters, 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;
6) a scientific institution the principal activity of which is
related to research in the area of natural sciences and which has
been granted financial resources of public legal entities or
international public legal entities for performing the
exploration referred to in Section 7, Clause 1 of this Law.
(2) The Cabinet shall determine:
1) the procedures for the use of subterranean depths in public
waters;
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;
31) the procedures for the circulation of mineral
resources;
4) the conditions and procedures by which a public entity
shall lease land for the use of subterranean depths, extend the
concluded lease agreements, as well as the procedures for
calculating land lease payments;
5) the conditions and procedures by which a public entity or a
capital company of a public entity shall lease land to the entity
referred to in Paragraph one, Clause 6 of this Section, as well
as the procedures for calculating land lease payments.
[21 October 2010; 16 May 2013; 21 December 2017; 25
February 2021; 3 April 2025 / Amendment to Clause 3 of
Paragraph one regarding the supplementation of the first sentence
with the words "- during the validity of this contract" and
amendment to the second sentence of Clause 3 of Paragraph one
regarding the deletion of the words "or the permit for the
extraction of widespread mineral resources" shall come into force
on 1 July 2026 and shall be included in the wording of the Law as
of 1 July 2026. See Paragraph 33 of Transitional
Provisions]
Section 9. Time Periods for the Use
of Subterranean Depths
(1) The licence for the use of subterranean depths or permit
for the extraction of widespread mineral resources shall be
issued for the following time periods:
1) for the geological, hydrogeological, engineering
geological, geo-ecological or geophysical exploration,
exploration of mineral resources, establishment of a monitoring
system of subterranean depths or performance of monitoring - for
a period of up to five years;
2) for the exploration of hydrocarbons - for a period of up to
10 years;
3) for the prospection of mineral resources - for a period of
up to five years;
4) for the establishment, conservation or liquidation of a
borehole - for a period of up to one year;
5) for the extraction of mineral resources (except for that
referred to in Clause 7 of this Section) or use of useful
properties of subterranean depths - for a period of up to 25
years;
6) for the geological exploration and the following extraction
of mineral resources or use of the useful properties of
subterranean depths - for a period of up to 30 years;
7) for the extraction of peat - for a period of up to 75
years. During the period of validity of the licence, the State
Environmental Service shall review the conditions of the licence
at least once every 25 years and, if necessary, renew or
supplement it.
(2) Public entities may lease land for the use of subterranean
depths for the period referred to in Paragraph one of this
Section.
(3) An agreement on the lease of a functionally necessary land
parcel or a part of it with the entity referred to in Section 8,
Paragraph one, Clause 6 of this Law shall be entered into for a
time period that does not exceed the duration of the licence for
the use of subterranean depths.
(4) If an environmental impact assessment is required for
performing exploration of hydrocarbons and the exploration work
cannot be commenced without it, the start date of the exploration
term shall be determined after the environmental impact
assessment.
[21 December 2017; 25 February 2021]
Section 10. Procedures for the Use
of Subterranean Depths
(1) The use of subterranean depths may be commenced only if,
in accordance with the procedures established by the Cabinet
(except for the cases referred to in Section 11 of this Law), a
licence issued by the State Environmental Service or the Energy
and Environmental Agency, or a permit for the extraction of
widespread mineral resources issued by a local government has
been obtained.
(11) The authority issuing the license for the use
of subterranean depths shall refuse to issue this licence or to
extend the period of the license already issued:
1) to a legal or natural person - if, within the last three
years, that person has repeatedly carried out exploration or
extraction of mineral resources, violating the requirements and
conditions of the laws and regulations governing the use of
subterranean depths, the licence for the use of subterranean
depths, or the project for the extraction of mineral resources,
and an administrative penalty has been imposed on this person for
the violations;
2) to a natural person - if the person is or has been, within
the last three years, a member of the executive board, a member
of the supervisory board, or a proctor (hereinafter - the
official) of a merchant that, within the last three years, has
repeatedly carried out exploration or extraction of mineral
resources, violating the requirements and conditions of the laws
and regulations governing the use of subterranean depths, the
licence for the use of subterranean depths, or the project for
the extraction of mineral resources, and an administrative
penalty has been imposed on this person for the violations;
3) to a legal person - if the official thereof is or has been,
within the last three years, the official of a merchant that,
under the leadership of this official, has repeatedly carried out
exploration or extraction of mineral resources, violating the
requirements and conditions of the laws and regulations governing
the use of subterranean depths, the licence for the use of
subterranean depths, or the project for the extraction of mineral
resources, and an administrative penalty has been imposed on this
person for the violations.
(2) In the cases specified by the Cabinet in respect of the
lands owned by a public entity the licence for the use of
subterranean depths, except for the production of hydrocarbons,
or the permit for the extraction of widespread mineral resources
shall be issued to a person who has won a bid or auction
following a tender for the land lease rights and the receipt of
the licence or permit.
(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
waters, the territorial sea and exclusive economic zone of the
Republic of Latvia, the licences for the use of subterranean
depths shall be issued under tendering procedures. If the licence
for the use of subterranean depths is necessary for geological
exploration related to the construction, establishment or
operation of structures in the sea, a tender shall not be
organised and the aforementioned licence shall be issued to one
of the following persons:
1) the person who, in accordance with the laws and regulations
regarding maritime environment protection and management, has
received a permit or licence for the use of the relevant licence
area for the construction, establishment, including the research
related thereto, and operation of structures in the sea;
2) the person who has entered into a written contract for 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 under tendering procedures. The rules of tender
shall be developed and approved by the State Environmental
Service.
(4) The State fee shall be paid for a licence for the use of
subterranean depths, permit for the extraction of widespread
mineral resources and passport of the deposit. The amount for the
State fee and procedures for its payment shall be determined by
the Cabinet.
(41) The State Environmental Service shall issue
permits for the storage of waste from extraction. The State
Environmental Service shall examine a submission for a permit for
storage of waste from extraction and take a decision within a
period which is no longer than 60 days.
(5) If the mineral resources extracted as a result of the use
of subterranean depths are intended to be used to maintain roads
or improve territories of local governments, or maintain
buildings owned by them, then the State fee for the issuance of
the licence for the 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 based on the request of the local
government.
(51) A higher education institution accredited by
the State that conducts research and academic work in the field
of natural sciences from the State budget funds shall not pay the
State fee for the issuance of the licence for the use of
subterranean depths.
(6) Licences for the use of subterranean depths and permits
for the extraction of widespread mineral resources may not be
pledged, sold, given as a present, changed or otherwise
alienated. If the user of the subterranean depths changes, the
licence or permit issued previously shall become invalid. If the
user of the subterranean depths, i.e. a commercial company, has
undergone reorganisation within the meaning of the Commercial Law
(merger, division, or restructuring of the commercial company),
the new user of the subterranean depths has the right to obtain a
new license or permit without a tender (auction) when it
undertakes the obligations specified in the licence or permit
issued previously. Licences for the 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 the prospection, exploration and extraction of
hydrocarbons, as well as the provisions for the environmental
protection during 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 Cabinet shall lay down the sections of subterranean
depths of national significance and regulations for the use
thereof separately for each section.
(9) Ground water may be used if the passport of the borehole
of water abstraction or sources has been agreed upon 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 laws and regulations regarding environmental protection, a
permit for the use of water resources or a relevant permit for
the performance of polluting activity must be received prior to
the commencement of water abstraction.
(10) General procedures for a tender or tender with a
following auction for the issuance of permits for the extraction
of mineral resources and licences for the use of subterranean
depths, as well as the procedures for licensing works for 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 the laws and regulations regulating the use of subterranean
depths lay down that such project is necessary). The contents of
the passport shall be determined by the Cabinet.
(12) [3 April 2025]
(13) Licences for the prospection, exploration and production
of hydrocarbons may be alienated. The holder of the licence for
the prospection, exploration and production of hydrocarbons must
meet 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 new holder of the licence
for the prospection, exploration and production of hydrocarbons
with the same conditions, without changing the duration 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 waters, 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 structures in the sea and which
takes place in accordance with the laws and regulations 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; 21 December 2017; 14 November
2019; 25 February 2021; 3 April 2025 / Amendments to
Paragraphs two, four, nine, and ten, and also amendment regarding
the new wording of Paragraph eleven in respect of the conditions
and procedures for issuing the licence for the use of
subterranean depths shall come into force on 1 July 2026 and
shall be included in the wording of the Law as of 1 July
2026. See Paragraphs 33 and 34 of Transitional
Provisions]
Section 11. Use of Subterranean
Depths Without a Permit for the Extraction of Mineral Resources
or a Licence for the Use of Subterranean Depths
(1) Landowners or their authorised persons shall use the
subterranean depths, except for hydrocarbons, within the
boundaries of their property without a licence for the use of
subterranean depths or permit for the extraction of mineral
resources in the following cases:
1) when extracting the widespread mineral resources specified
in Annex to this Law in the total area of up to 0.5 hectares and
in depths of up to 2 metres, if the mineral resources extracted
are used within the boundaries of their land property;
2) when installing and using concrete ring wells and boreholes
of water abstraction in depths up to 20 metres if not more than
10 cubic metres of ground water per day are intended to be
abstracted.
(2) [17 June 2010]
[16 December 2004; 5 October 2006; 12 June 2009; 17 June
2010]
Section 11.1 Use of
Subterranean Depths when Extracting Mineral Resources as a Result
of the Construction of Underground and Surface Structures
(1) If soil or mineral resources are extracted as a result of
the construction of underground or surface structures (including
the creation of ponds and other water bodies), the cleaning or
deepening of the bed of surface water bodies, and they can be
used in economic activities, a natural resources tax shall be
paid for the used volume in accordance with the Natural Resources
Tax Law.
(2) [3 April 2025]
(3) If as a result of establishment of a surface water bodies,
cleaning or deepening of their bed 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, its bed cleaned or
deepened within the 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 the amount of maximum 10 000 cubic
metres;
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; 25 February 2021; 3 April
2025]
Section 12. Servitude Rights in the
Use of Subterranean Depths
[16 December 2004]
Section 12.1 Use of
Subterranean Depths in the Interests of the Society and the State
in Sections of Subterranean Depths of National Significance
(1) In sections of subterranean depths of national
significance, a restriction of ownership rights to subterranean
depths can be determined if subterranean depths need to be used
in the interests of the society and the State. The Cabinet shall
decide separately on each restriction of ownership rights or each
case of the use of subterranean depths.
(2) Procedures for the calculation and disbursement of the
compensation for the restriction of ownership rights to
subterranean depths specified in accordance with Paragraph one of
this Section shall be determined by the Cabinet. A written
contract needs to be entered into for the compensation to be paid
for the restriction of ownership rights.
(3) The contract referred to in Section 8, Paragraph one,
Clause 3 of this Law shall not be required for the receipt of the
licence for the use of subterranean depths if there is no need to
be on the land property and create geological test pits when
performing geological exploration of a section of subterranean
depths of national significance.
(4) At least two weeks prior to the commencement of the use of
subterranean depths the user of subterranean depths shall inform
the relevant landowner in writing of the use of subterranean
depths laid down in Paragraph three of this Section.
(5) The landowner has the right to demand compensation of
losses if they are caused due to the use of a section of
subterranean depths of national significance. Without prejudice
to the landowner's right to demand compensation of losses caused
to it according to the procedures provided in laws, the Cabinet
can provide procedures for determining the amount of compensation
for losses and payment of the compensation.
(6) The user of subterranean depths shall inform the landowner
of the results of geological exploration of a section of
subterranean depths of national significance. The Cabinet shall
determine the content and amount of information to be provided,
and also the procedures by which the landowner shall be informed
of the results of geological exploration.
[25 February 2021; 3 April 2025]
Section 12.2 Conditions
for Extraction of Rocks of the Crystalline Bedrock in a Section
of Subterranean Depths of National Significance
(1) The tender referred to in Section 10, Paragraph three of
this Law shall not be organized if a person has not committed
violations during the geological exploration of rocks of the
crystalline bedrock and has performed the geological exploration
of rocks of the crystalline bedrock by using private funding and
without receiving any State aid. The Cabinet shall lay down the
conditions and procedures by which a licence for the extraction
of rocks of the crystalline bedrock is received without a
tender.
(2) The user of subterranean depths shall inform the landowner
of the extracted amount of rocks of the crystalline bedrock and
shall pay a compensation to him/her. The Cabinet shall lay down
procedures by which the landowner shall be informed and the
compensation for the extracted amount of mineral resources shall
be calculated and paid to the landowner.
(3) Prior to receiving a licence for the extraction of rocks
of the crystalline bedrock, the user of subterranean depths shall
submit a financial security to the State Environmental Service to
ensure recovering of the place of extraction of mineral resources
and remediation of the consequences of major accidents. The
financial security shall be a first demand guarantee letter
issued by a credit institution or an insurance policy issued by
an insurer which includes irrevocable commitment of the insurer
to disburse the insurance compensation upon the first request of
the State Environmental Service, and also incontestability of
such request. The Cabinet shall determine:
1) the procedures by which the user of subterranean depths
shall submit to the State Environmental Service a financial
security or its extension;
2) the procedures for the calculation of the amount of the
financial security and the minimum sum of insurance.
[25 February 2021]
Section 12.3 Geological
Storage of Carbon Dioxide
(1) Geological storage of carbon dioxide is the injection and
storage of its streams in underground geological formations that
are lithostratigraphic formations with clearly distinguishable
and mappable rock layers. A carbon dioxide stream is a flow of
substances that results from the technological processes of the
capture of carbon dioxide.
(2) Closure of a geological storage site is complete
termination of the injection of carbon dioxide. The period after
the closure of the storage site is a post-closure.
(3) In order to explore the geological storage site of carbon
dioxide, the operator shall obtain a licence for the exploration
of the geological storage site of carbon dioxide. The operator
shall pay a State fee for the issuance of the licence or making
of amendments thereto. The amount for the State duty and
procedures for payment shall be determined by the Cabinet.
(4) In order to use the geological storage site of carbon
dioxide, the operator shall obtain a licence for the geological
storage of carbon dioxide. The operator shall pay a State fee for
the issuance of the licence or making of amendments thereto. The
amount for the State duty and procedures for payment shall be
determined by the Cabinet.
(5) In order to obtain the license for the activity referred
to in Paragraph three of this Section, the operator of the
geological storage site of carbon dioxide shall submit a
financial security to the State Environmental Service. The
financial security shall be a first demand guarantee letter
issued by a credit institution or an insurance policy issued by
an insurer which includes irrevocable commitment of the insurer
to disburse the insurance compensation upon the first request of
the State Environmental Service, and also incontestability of
such request.
(6) The operator shall maintain the financial security in
effect throughout the term of operation of the licence. If during
the term of operation of the licence the operator does not have a
valid financial security, the operation of the licence shall be
suspended until submission of the relevant security to the State
Environmental Service.
(7) The Cabinet shall determine:
1) the information to be included in the licence for the
exploration of the geological storage place of carbon dioxide and
the licence for the geological storage, and also the procedures
for issuing, reviewing, amending, updating, and cancelling the
license;
2) the requirements for the exploration of geological storage
sites of carbon dioxide;
3) the criteria and procedures for accepting carbon dioxide
streams for storage;
4) the requirements and procedures by which the operator shall
carry out the monitoring of carbon dioxide injection equipment,
the storage complex, and the surrounding environment;
5) the requirements for the content of the report provided by
the operator of the geological storage site of carbon dioxide and
the procedures for submitting the report to the State
Environmental Service for the purpose of evaluating compliance
with the conditions of the storage licence;
6) the procedures for supervising geological storage sites of
carbon dioxide and the requirements for measures to be taken in
the case of carbon dioxide leakages or violations of the storage
of carbon dioxide;
7) the obligations of the operator in the case of closure and
post-closure of the geological storage site of carbon
dioxide;
8) the procedures for transferring responsibility of the
operator;
9) the procedures by which third parties shall access the
geological storage site of carbon dioxide, and also the
procedures for examining disputes regarding access and the
authority that examines disputes;
10) the procedures by which the operator of the geological
storage site of carbon dioxide shall submit the financial
security to the State Environmental Service, the extension or
renewal thereof;
11) the procedures for requesting the financial security, the
amount thereof, the term for issuing, prolongation, or renewal of
the security, and also samples of financial security
documents.
[3 April 2025]
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 permit
for the extraction of widespread mineral resources;
2) to use that obtained as a result of the use of subterranean
depths in accordance with the permit or licence and applicable
laws and regulation;
3) to use the by-products obtained during the extraction and
processing of mineral resources if the permit or licence does not
provide for restrictions;
4) to propose reviewing of provisions indicated in the permit
or licence by the issuer of the permit or licence, if conditions
which significantly differ from the information indicated in the
permit or licence have arisen during the use of subterranean
depths;
5) to receive an extension of the term of the permit or
licence or a new permit or licence if the provisions of the
previous permit or licence have been duly fulfilled and the
contract for the use of subterranean depths entered into with the
landowner or his or her authorised person allows it.
[5 October 2006; 17 June 2010]
Section 14. Obligations of the Users
of Subterranean Depths
The users of subterranean depths have the following
obligations:
1) to comply with the requirements of laws and regulations,
the conditions of the licence for the use of subterranean depths,
the permit for the extraction of widespread mineral resources, or
the permit to use natural resources when carrying out works
related to the use of subterranean depths;
2) to follow 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 permit or licence, as well as the data
obtained on 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 laws and regulations;
6) to comply with 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 for the violations of the
laws and regulations committed by previous users;
7) to remove the fertile part of soil and preserve it for
re-cultivation prior to commencing the extraction of mineral
resources;
8) to recover at their own expense damages caused as a result
of the use of subterranean depths within the term indicated in
the permit 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, and also to immediately notify
the issuer of the permit or licence, if necessary, the National
Heritage Board, of the find. If further use of subterranean
depths endangers or damages these objects, the use of
subterranean depths must 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;
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; 3 April 2025]
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 follows:
1) the complete and complex exploration of subterranean depths
and accounting of resources;
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;
5) adjustment and control of subterranean depths.
[3 April 2025]
Section 16. Limitation, Suspension
of the Use of Subterranean Depths, Cancellation of the Licence or
the Permit for the Extraction of Widespread Mineral Resources
(1) The State Environmental Service shall take the decision to
limit or suspend use of subterranean depths if it establishes
that the requirements of a licence for the use of subterranean
depths, a permit for the extraction of widespread mineral
resources or the laws and regulations 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 Energy and Environment Agency.
The decision of the Energy and Environment Agency may be appealed
to the court in accordance with the procedures laid down in the
Administrative Procedure Law.
(2) The National Heritage Board 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 permit 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 permit
for the extraction of widespread mineral resources shall be
cancelled if the addressee of the licence or permit:
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 for the licence for the extraction of
mineral resources and the licence for the geological
exploration);
2) has not commenced the extraction of mineral resources
(except for the production of hydrocarbons) within three years
from the coming into effect of the relevant licence or
permit;
21) does not pay to the landowner the payments
provided for in Section 12.1, Paragraphs two and five
or Section 12.2, Paragraph two or taxes or fees
provided for in laws and regulations, or does not provide to the
landowner the information laid down in this Law, or the financial
security referred to in Section 12.2, Paragraph three
of this Law expires;
3) uses the subterranean depths in a way not specified in the
licence for the use of subterranean depths;
4) systematically violates the requirements of laws and
regulations in relation to the use and protection of subterranean
depths or the conditions of the licence for the use of
subterranean depths or permit for the extraction of widespread
mineral resources.
(31) [Paragraph shall come into force on 1 July
2026 and shall be included in the wording of the Law as of 1 July
2026. See Paragraph 36 of Transitional Provisions]
(4) The decision of the State Environmental Service on the
cancellation of the licence for the use of subterranean depths
may be contested to the Energy and Environment Agency. The
decision of the Energy and Environment Agency may be appealed to
the court in accordance with the procedures laid down in the
Administrative Procedure Law.
(5) The decision of a local government to cancel the permit
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 on the limitation or
suspension of the use of subterranean depths or the cancellation
of the licence for the use of subterranean depths or permit for
the extraction of widespread mineral resources or the submitting
of an application to the court for the revocation or validity of
such decision or the recognition thereof as unlawful shall not
suspend the operation of the decision.
(7) The provisions of this Section shall not be applicable to
the prospection, exploration, and production of hydrocarbons.
[17 June 2010; 25 February 2021; 3 April 2025 /
Amendment regarding deletion of Paragraph five shall come into
force on 1 July 2026. See Paragraph 36 of Transitional
Provisions]
Section 17. Conditions for the
Construction of Areas of Spread of Mineral Resources
(1) In reviewing the projects for the 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 permit of the State Environmental
Service.
[16 December 2004; 12 June 2009 / Amendment to
Paragraph two regarding the change of competent authority shall
come into force on 1 August 2009. See Paragraph 14 of
Transitional Provisions]
Section 18. Control of the Use and
Protection of Subterranean Depths
(1) The use (except for the prospection, exploration, and
production of hydrocarbons) and protection of subterranean depths
shall be controlled by the State Environmental Service in
accordance with the procedures specified in this Law and other
laws and regulations governing the use of subterranean
depths.
(11) The prospection, exploration, and production
of hydrocarbons shall be supervised and controlled by the Energy
and Environment Agency.
(2) Local government may, upon agreement with the State
Environmental Service, implement 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; 5 October 2006; 3 April 2025]
Chapter V
Damage to Subterranean Depths and Informative Basis of
Subterranean Depths
[11 June 2020 / The new
wording of the title of the Chapter shall come into force on 1
July 2020. See Paragraph 26 of Transitional
Provisions]
Section 19. Liability for Violations
in the Use of Subterranean Depths
[11 June 2020 / See Paragraph 26 of Transitional
Provisions]
Section 20. Compensation of
Losses
[17 June 2010]
Section 21. Damage caused by
Landowners and Users of Subterranean Depths
(1) A landowner for which the ownership rights to the land
have been restored 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 for the harm caused to the
land and subterranean depths by previous landowners or users of
subterranean depths.
(2) The owner or user of subterranean depths may eliminate the
harm caused to the land and subterranean depths by other persons
prior to obtaining the 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 permit 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 permit or licence shall be applied.
(3) The landowners shall be exempted from the payment of court
costs during the land reform, if they bring an action in court
regarding the recovery of damages caused against the institution
that has unjustifiably permitted the use of subterranean depths
or against persons who have used the subterranean depths owned by
the landowners arbitrarily.
[16 December 2004; 5 October 2006; 11 June 2020 /
The new wording of the title of the Section shall come into
force on 1 July 2020. See Paragraph 26 of Transitional
Provisions]
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 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
landowners and within the period (terms) agreed upon with the
landowner 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 the property of the
landowners and users of subterranean depths.
(5) [17 June 2010]
[17 June 2010]
Section 23. Basic Provisions for the
Creation and Use of the Geological Information System
(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 done by the funds from the State budget or local
government. If such information has been obtained by the order of
legal or natural persons and by their funds, it shall be owned by
the relevant legal or natural person.
(2) The local government, any legal 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 for its use, if
necessary. The information obtained as a result of the geological
exploration of hydrocarbons, and also during the prospection,
exploration, and production of hydrocarbons shall be submitted by
the State limited liability company Latvian Environment, Geology
and Meteorology Centre to the Energy and Environment Agency and,
upon request, to the Ministry of Economics for the purpose of
reporting to the European Commission. 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 which have been
extracted as follows shall have the status of restricted access
information (except for the case referred to in Paragraphs three
and six of this Section):
1) during prospection, exploration, and production of
hydrocarbons on land - during the entire period of validity of
the relevant licence for the use of subterranean depths;
2) during prospection, exploration and production in the sea -
during the entire period of validity of the relevant licence for
the use of subterranean depths;
3) during extraction of rocks of the crystalline bedrock -
during the entire period of validity of the relevant licence for
the use of subterranean depths;
4) during geological exploration of rocks of the crystalline
bedrock, except for cases when geological exploration of national
significance has been performed - during the entire period of
validity of the relevant licence for the 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.
(7) Information obtained in geological exploration of national
significance commissioned by the State shall be generally
accessible.
[11 February 1999; 16 December 2004; 12 June 2009; 17 June
2010; 16 May 2013; 14 November 2019; 25 February 2021; 3 April
2025]
Chapter VI
Final Provision
[11 June 2020 / See Paragraph 26 of
Transitional Provisions]
Section 24. Procedures for the
Examination of Disputes
[11 June 2020 / See Paragraph 26 of Transitional
Provisions]
Chapter VII
Administrative Offences in the Field of Use of Subterranean
Depths and Competence in Administrative Offence Proceedings
[11 June 2020 / This
Chapter shall come into force on 1 July 2020. See
Paragraph 26 of Transitional Provisions]
Section 25. Administrative Liability
in the Field of Use of Subterranean Depths
(1) For the use of subterranean depths without conforming to
the requirements on extraction of mineral resources or monitoring
of subterranean depths, a fine from six to one hundred and forty
units of fine shall be imposed on a natural person, but a fine
from twenty-eight to two hundred and eighty units of fine - on a
legal person.
(2) For the use of subterranean depths without a licence for
the use of subterranean depths or permit for the extraction of
widespread mineral resources, a fine from fourteen to two hundred
and ten units of fine shall be imposed on a natural person, but a
fine from twenty-eight to four hundred and twenty units of fine -
on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 26 of Transitional
Provisions]
Section 26. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the offences
referred to in Section 25 of this Law (except for the violations
in the field of prospection, exploration, and production of
hydrocarbons) shall be conducted by the State Environmental
Service. The administrative offence proceedings for the offences
in the field of prospection, exploration, and production of
hydrocarbons referred to in Section 25 of this Law shall be
conducted by the Energy and Environment Agency.
[3 April 2025]
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 the licensing of prospection, exploration and production of
hydrocarbons, as well as regulations for the 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;
5) Cabinet Regulation No. 52, of 8 February 2000, Procedures
for Licensing Competition of Prospection, Exploration and
Production of Hydrocarbons.
[16 December 2004]
6. The Cabinet shall issue the following by 1 September
2005:
1) the regulations referred to in Section 12.1,
Paragraph two of this Law;
2) the regulations referred to in Section 14, Clause 2 of this
Law.
[16 December 2004]
7. If the use of the useful properties of subterranean depths
has been commenced prior to the day of coming into force of the
amendments to this Law adopted on 16 December 2004, the user of
subterranean depths need not to receive the permit for the
extraction of mineral resources or licence for the use of
subterranean depths until the end of the duration of the contract
entered into for the use of subterranean depths. These users of
subterranean depths shall comply with the requirements of the
laws and regulations regulating the use of subterranean depths up
to the receipt of the permit (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; 5 October 2006]
8. Up to the day of coming into force of new Cabinet
Regulations, but no longer than until 30 April 2007, the Cabinet
Regulation No. 449 of 21 June 2005, General Procedures for the
Issuance of Licences for the Use of Subterranean Depths and
Permits for the 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. By 1 October 2006, the Cabinet shall issue the regulations
referred to in Section 10, Paragraph four of this Law. Up to the
day of coming into force thereof the licences for the use of
subterranean depths and permits 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 the Issuance of Licences for the Use of
Subterranean Depths and Permits for the Extraction of Widespread
Mineral Resources, as well as Use of Geological Information.
[5 October 2006]
10. The Cabinet shall, by 1 May 2008, 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 coming into force of these Cabinet regulations, but no longer
than until 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 the Tenders and
Auctions for the Issuing of the Permits 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 Permits 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 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 regarding the
procedures for the calculation of a land lease payment if a
public entity leases the land for the use of subterranean depths
shall come into force from 1 November 2013.
[16 May 2013]
23. The Cabinet shall issue the regulations referred to in
Section 8, Paragraph two, Clause 4 of this Law by 30 November
2018. The Cabinet regulations regarding lease of the land of a
public entity shall be applied until coming into force of the
relevant Cabinet regulations, but not later than until 30
November 2018, insofar as they are not in contradiction with this
Law.
[21 December 2017]
24. A land lease agreement entered into before the day of
coming into force of Section 9, Paragraph one, Clause 7 of this
Law the validity of which expires before 30 November 2018 can be
extended by assessing considerations of usefulness and comply
with the condition that the total duration of the agreement may
not, from the day of its signing, exceed the period laid down in
Section 9, Paragraph one, Clause 7 of this Law.
[21 December 2017]
25. The Cabinet shall issue the regulations referred to in
Section 4, Paragraph four of this Law by 31 December 2020.
Cabinet Regulation No. 805 of 22 December 2015, Regulations
Regarding the Prospection, Exploration and Production of
Hydrocarbons, shall be applied until coming into force of the
relevant Cabinet regulations, insofar as they are not in
contradiction with this Law.
[14 November 2019]
26. Amendment to the title of Chapter V of this Law, amendment
regarding deletion of Section 19, amendment to the title of
Section 21, amendment regarding deletion of Chapter VI, as well
as Chapter VIII shall come into force concurrently with the Law
on Administrative Liability.
[11 June 2020]
27. The Cabinet shall, by 31 December 2021, issue the
regulations referred to in Section 12.1, Paragraphs
two, five and six, as well as Section 12.2, Paragraphs
two and three of this Law.
[25 February 2021]
28. The Cabinet shall issue the regulations referred to in
Section 10, Paragraph eight of this Law by 31 December 2021.
Cabinet Regulation No. 439 of 8 August 2017, Regulations
Regarding the Use of the "Inčukalns Natural Gas Storage" Section
of Subterranean Depths of National Significance, and Cabinet
Regulation No. 524 of 7 July 2008, Regulations Regarding the Use
of the "Dobele Structure" Section of Subterranean Depths of
National Significance, shall be applied until coming into force
of the relevant Cabinet regulations, but not later than until 31
December 2021, insofar as they are not in contradiction with this
Law.
[25 February 2021]
29. The permits for the extraction of widespread mineral
resources issued before 30 June 2026 and the permits for the use
of natural resources issued before 30 June 2025 shall remain
valid until expiry of the term indicated therein.
[3 April 2025]
30. The licences for the use of subterranean depths issued
before 30 June 2026 that include the conditions for use and the
obligation to develop a project for the extraction of mineral
resources shall remain valid until expiry of the term indicated
therein.
[3 April 2025]
31. The Cabinet shall, by 30 June 2026, issue the regulations
referred to in Section 12.3, Paragraph seven of this
Law.
[3 April 2025]
32. Amendments to Section 4 of this Law regarding the deletion
of Paragraph five, Clause 1 and Paragraph six shall come into
force on 1 July 2026.
[3 April 2025 / The above mentioned amendment shall
be included in the wording of the Law as of 1 July 2026]
33. Amendments to Section 8, Paragraph one, Clause 3, Section
9, Paragraph one, Section 10, Paragraphs two, four, and ten, the
title of Section 11 and Paragraph one, and also Section 21,
Paragraph two of this Law shall come into force on 1 July
2026.
[3 April 2025 / The abovementioned amendments shall
be included in the wording of the Law as of 1 July 2026]
34. Amendments to Section 10, Paragraph nine of this Law
regarding the deletion of the words "and the passport of the
deposit has been received" and the new wording of Paragraph
eleven in respect of the conditions and procedures for the
issuance of the licence for the use of subterranean depths shall
come into force on 1 July 2026.
[3 April 2025 / The abovementioned amendments shall
be included in the wording of the Law as of 1 July 2026]
35. Amendment to Section 13, Clause 5 of this Law regarding
the new wording thereof shall come into force on 1 July 2026.
[3 April 2025 / The above mentioned amendment shall
be included in the wording of the Law as of 1 July 2026]
36. Amendments to Section 16 of this Law regarding the
supplementation thereof with Paragraph 3.1 and the
deletion of Paragraph five shall come into force on 1 July
2026.
[3 April 2025 / The abovementioned amendments shall
be included in the wording of the Law as of 1 July 2026]
37. The Cabinet shall, by 31 December 2026, issue the
regulations referred to in Section 8, Paragraph two, Clause
3.1 of this Law.
[3 April 2025]
38. The State Environmental Service shall, by 31 May 2028,
inform local governments of the permits for the extraction of
widespread mineral resources that are at its disposal. Local
governments shall, by 30 June 2028, submit to the State
Environmental Service for registration the permits for the
extraction of widespread mineral resources that are not at
disposal of the State Environmental Service, or certified copies
thereof.
[3 April 2025]
39. Until the registration of the permit for the extraction of
widespread mineral resources with the State Environmental
Service, a local government shall control the issued permit for
the extraction of widespread mineral resources, including
evaluate the need for review of the respective permit if
potential violations of the laws and regulations governing the
use of subterranean depths are identified within the territory
specified in the permit. Until the registration of the permit for
the extraction of widespread mineral resources with the State
Environmental Service, such permits shall be cancelled by a local
government but after the registration of the permit with the
State Environmental Service they shall be cancelled by the State
Environmental Service.
[3 April 2025]
Informative Reference to European
Union Directive
[3 April 2025]
The Law contains legal norms arising from Directive 2009/31/EC
of the European Parliament and of the Council of 23 April 2009 on
the geological storage of carbon dioxide and amending Council
Directive 85/337/EEC, European Parliament and Council Directives
2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and
Regulation (EC) No 1013/2006.
The Law has been adopted by the Saeima on 2 May
1996.
President G. Ulmanis
Rīga, 21 May 1996
Law On Subterranean Depths
Annex
List of Widespread Mineral
Resources
[16 December 2004]
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 © 2023 Valsts valodas centrs (State
Language Centre)