Mining Law

Mining Law

Mining Law
The first chapter – definitions and generalities:

Article 1 – The definition of the words used in this law is as follows:
A- Mineral substance (mineral): any substance or natural compound that is formed as a solid or gas or liquid or soluble in water as a result of geological evolution.

B- Ore: minerals or minerals in the deposit that have economic value
C – Mineral deposit (deposit): concentration or natural accumulation of one or more minerals below or on the ground or dissolved in water.

T – Mine: It is a mineral reserve that is economical to exploit
D – Exploration: Voluntary search for the purpose of finding deposits, which includes operations such as:
The following is:
1- Research and sampling and quantitative and qualitative tests
2- Geological, geophysical and geochemical investigations and the like and doing things that are necessary for such investigations.
3- Open and underground drilling
4- Determining the shape, quality and quantity of mineral reserves and preparing relevant maps

C – Exploration license: It is a license that is issued by the Ministry of Mines and Metals to carry out mineral exploration operations in a specific area.
C – Discovery Certificate: It is a certificate issued by the Ministry of Mines and Metals after the completion of exploration operations and the discovery of ore in the name of the holder of the exploration license.
H- Exploitation: It is a set of operations that are carried out in order to extract and ore and obtain salable minerals.
K – Exploiter: a natural or legal person, whether government, cooperative or private, who has an exploitation license from the Ministry of Mines and Metals.
D- Extraction: It is a set of operations that are carried out in order to separate the ore from the deposit and transfer it to the place of material accumulation.
Z – Withdrawal permit: It is a permit issued by the Ministry of Mines and Metals to provide building materials needed for construction projects and to withdraw deposits and limited and partial reserves, as well as for laboratory operations.
R – State rights: It is the government’s income resulting from the extraction, exploitation and harvesting of each unit of material or minerals.
G- Ore sorting is all physical, chemical or physicochemical operations that are performed in order to separate part of the waste materials from the ore or to separate the ores from each other.
G- Processing: It includes all the operations that are performed on raw mineral or mineralized materials and as a result produce industrial raw materials.
Q – Material accumulation place: It is a place outside the mining workshops and tunnels and wells where the extracted materials are accumulated.
S – Waste material: It is the material that is separated from the ore as a result of extraction or ore dressing.
P – Ordinary sand: It is sand that does not contain valuable minerals or their separation is not cost-effective and is mainly used in construction works, road construction, concreting and the like.
D – Normal clay: It is the soil that is used to make ordinary (non-refractory) clay and brick, and it is also used in construction, road construction, and agriculture operations.
i- Industrial soil: It is soil that has different industrial uses due to its specific physical or chemical properties.
D – Rubble and construction stone: Various stones found in nature that do not contain ore that can be separated in the current conditions, and its processing is not common or economical, and according to the Ministry of Mines and Metals, it is not a decorative stone, and it is generally sought after or Building walls are used for road construction and wall construction and similar things.
A – Decorative stone: Crystallized and non-crystallized sedimentary, igneous and metamorphic rocks that do not contain minerals that can be separated in the current conditions and their processing such as cutting and polishing is common and affordable, such as marble, quasi-marble, travertine, granite and the likes of
D – Exploitation license: It is a license issued by the Ministry of Mines and Metals for the exploitation of mines within the specified area.
F- Exploitation plan: It is a plan in which the details of the executive plans for the exploitation of the mine and the timing of the operations and other information based on the mine’s birth certificate in the special forms of the Ministry of Mines and Metals are entered by the exploitation agents.
Q – Unopposed mines: It is called mines that do not have an operator or their transfer is not prohibited according to this law.
Article 2 – In the implementation of the 44th and 45th principles of the Constitution, the responsibility of exercising the government’s sovereignty over the country’s mines and maintaining mineral reserves, as well as issuing permission to carry out mining activities stipulated in this law and supervising the aforementioned matters and providing the means for the development of mining activities, Achieving the added value of mineral raw materials, developing the export of value-added minerals, creating employment in this sector and increasing the share of the mining sector in the economic and social development of the country is the responsibility of the Ministry of Mines and Metals.
The exercise of sovereignty mentioned in this article cannot prevent the exercise of ownership by natural and legal persons within the scope of regulations: Article 3 – Minerals are classified as follows:

A – First class minerals are limestone, gypsum, ordinary sand, ordinary clay, seashells, mineral pumice, blue and rock salt, marl, construction waste stone and the like:

B – Minerals of the second class are:

1- Iron, gold, cream, tin, mercury, lead, zinc, copper, titanium, antimony, molybdenum, cobalt, manganese, cadmium and other metals
2- Nitrates, phosphates, barates, alkaline salts, sulfates, carbonates, chlorides. With the exception of the materials mentioned in the first class) and the like).
3- Mica, graphite, talc, kaolin, refractories, feldspar, silica rock and sand, perlite, diatomite, zeolite, bauxite, red soil, yellow soil, industrial soils and the like.
4- Precious and semi-precious stones such as diamonds, emeralds, rubies, jade, turquoise, agates and the like.
5- Kinds of decorative and facade stones.
6- Types of coal and non-oil shales
7- Minerals that can be extracted from waters and mineral gases, excluding hydrocarbon gases.
C – Minerals of the third class are:
All hydrocarbons with the exception of coal, such as: crude oil, natural gas, bitumen, oil shale, natural asphalt rock and oil-impregnated sands and the like, bitumen, oil shale and natural asphalt rock, if the Ministry of Petroleum, companies and units If it is not subordinated or affiliated to that ministry, it is considered as second class mines.
D – Minerals of the fourth class are:
All radioactive materials, both primary and secondary.
Note – The class of those minerals related to the range of classes one and two that are not specified in the above classification or are doubtful, as well as the class of materials including several materials from one class and materials from another class, according to the type, importance and value of these materials It is determined by the Ministry of Mines and Metals.
Article 4 – Matters related to minerals of the first and second classes, with the exception of ordinary sand and ordinary clay, are within the scope of the duties of the Ministry of Mines and Metals within the framework of the provisions of this law.
Note – The normality of sand and clay is determined by the Ministry of Mines and Metals.

قانون معادن 2

The second chapter – discovery

Article 5 – Exploration of mineral reserves is carried out by public, cooperative and private sectors, including natural and legal persons. The Ministry of Mines and Metals is also obliged to conduct exploration and identification of the country’s mineral reserves directly or through organizations, companies and subsidiary units, or by using the services of relevant natural and legal persons.
Article 6 – The exploration of mineral deposits is subject to the issuance of an exploration permit by the Ministry of Mines and Metals. How to obtain a permit, exploration criteria, the validity period of the permit, the transfer of rights belonging to that permit, and other necessary matters related to the provisions of this law will be determined in the executive regulations.
Note – Exploration during exploitation does not require the issuance of an exploration permit, but in case of discovery of a new reserve or mineral, the discovery certificate of the holder of the exploitation permit will be issued according to the provisions of this amended law or a new certificate.
Article 7 – The Ministry of Mines and Metals is obliged to issue a discovery certificate in the name of the holder of the exploration license after examining and confirming the exploration operations. In this certificate, the type or types of mineral discovered, the quantity, quality, extent, area and cost of exploration operations must be mentioned.

With the approval of the Ministry of Mines and Metals, the said certificate can be transferred to third parties within one year from the date of issue.
Note 1 – How to implement the above article, especially in the case of non-approval of exploratory operations, will be determined in the executive regulations of this law.
Note 2 – If the ore is not obtained after conducting the exploration operation, no right is created for the holder of the exploration license.
Article 8 – The holders of the discovery certificate can submit their request to the Ministry of Mines and Metals within one year after the issuance of the discovery certificate. Failure to submit the said request within the stipulated deadline will deprive them of the said priority right.
Note – In case of failure to submit the aforementioned request on time, the exploration costs included in the discovery certificate will be paid by the operator of the discovered mineral reserve to the holder of the said certificate in the manner specified in the executive regulations of this law.

The third chapter – operation

Article 9 – Exploitation of mineral reserves requires obtaining an exploitation license from the Ministry of Mines and Metals. This license will be issued based on the mining certificate and exploitation plan approved by the mentioned ministry.
Article 10 – The agents of exploitation of mineral reserves are:
A- The following natural and legal persons with the direct recognition and permission of the Ministry of Mines and Metals.
8-1 Discovery certificate holders, within the deadline stipulated in the article
2- Units producing processed minerals with more added value up to the production stage of industrial raw materials, from unopposed mines until they continue production.
3- Industrial units that consume minerals from Belmorad mines, as long as they continue to produce.
4- Exploitation applicants who are experts in mining or geology, or among them there is at least one person from the aforementioned experts, from the mines of Belmaroor, as long as they have the above combination.
B- The units or companies affiliated with the Ministry of Mines and Metals, according to the necessity of the aforementioned units and companies, can use the services of legitimate natural and legal persons or with their participation to exploit mineral reserves.
C – Mining cooperative companies consisting of mine workers.
Note 1 – In case there are many applicants for exploitation or the applicants are not among the above paragraphs, the regulations related to the government transaction section of the General Property Accounts Law are applicable.
Note 2 – The birth certificate of each mine contains the characteristics of the mine, the quantity and quality of the mineral reserve, technical and economic evaluation, including the internal rate of return on capital, operational requirements of mining operations, optimal extraction of the said reserve, compliance with the principles of safety and technical protection, and other necessary matters. Definite mineral reserves listed in the birth certificate are guaranteed by the Ministry of Mines and Metals
will be accepted as collateral.
Note 3 – The exploitation license is an official document, mandatory, containing the period of exploitation based on the mine registration certificate and the approved exploitation plan, renewable, negotiable and transferable to third parties, which guarantees the right of the licensee to benefit from the mineral reserve and also includes his obligations. in the implementation of its provisions. The duration of each exploitation period according to the above
And the available reserve is determined up to a maximum of 25 years with the priority right of renewal for the license holder.
Article 11 – The Ministry of Mines and Metals is obliged to give priority to the families of martyrs, veterans and martyrs and cooperatives and joint-stock companies of qualified local people in issuing licenses for the exploration and exploitation of mines, in compliance with the provisions of this law.
Article 12 – Large mines are recognized according to the amount of reserves, grade, amount of extraction, value of the mineral, amount of investment, geographical location and political, social and economic considerations upon the proposal of the Ministry of Mines and Metals and the approval of the Council of Ministers, and the method of interest Its removal is determined by the government board.
Article 13 – The Ministry of Mines and Metals can issue a limited withdrawal permit for the provision of building materials needed for construction projects, as well as the withdrawal of discovered deposits and limited reserves, or if necessary, partial withdrawal from a mineral reserve, as well as for its special laboratory operations.
Article 14 – The holder of the exploitation license must pay a percentage of the price of the main mineral listed in the license to the Ministry of Mines and Metals annually as government rights at the daily rate. The mentioned ministry can, if necessary, collect mineral material equivalent to its price from the user.
How to implement this article, as well as the criteria for determining the mentioned percentage, according to the factors affecting it, such as the location and location of the mine, the state of the mineral reserve, the extraction method, the obligations and the preferential profit of the user, will be specified in the executive regulations of this law.
It is obvious that all the revenues obtained from the implementation of this article will be referred to the treasury account.
Note 1 – The basis of the base price of the minerals of the mines that are handed over through the application of the country’s public accounting law, will be the average government rights of similar mines nearby.
Note 2 – Government rights for mining permit holders will be the average government rights of mines adjacent to the harvesting site. Laboratory and applied tests will be exempted from the payment of the mentioned salary up to the amount of one ton.
Note 3 – The source of income of the subject of the last part of paragraph (a) of Note (66) of the budget law of the year will be the percentage determined in the above article, 1363
Article 15 – The waste materials resulting from the extraction and exploitation of mines, if the user does not use it after the expiration of the period mentioned in the license or permit, will belong to the government and will be used in a way that the Ministry of Mines and Metals deems appropriate.
Article 16 – In order to encourage investment for the production of processed minerals, the Ministry of Mines and Metals is obliged to put the relevant units under its supervision, support and guidance and to support the investment of the non-governmental sector in these matters, and studies in this regard Feasibility assessment and preparation of brigade plans. How it will be specified in the executive regulations.
Article 17 – In order to develop the processing and export of minerals with more added value as well as to expand exploration and exploitation activities, the government is obliged to examine the proposal of the Ministry of Mines and Metals in relation to related production, commercial, financial and monetary policies. data, if approved, include it in the development plans and to realize it in the bills
The annual budget of the country made the necessary forecast.
Note – The Ministry of Mines and Metals is obliged to prioritize the expansion of mineral processing and export in its executive plans.

Chapter IV – General regulations

Article 18 – The Ministry of Mines and Metals is obliged to gradually adapt the status of the current operators to this law before the validity of the issued licenses expires, and if they fulfill the relevant obligations, issue new exploitation licenses to them. In any case, the mentioned measures should not harm the acquired rights of the beneficiaries in any way.
Article 19 – Anyone who engages in exploratory drilling, extraction, extraction and exploitation of minerals without obtaining an exploration or exploitation license or mining permit is considered a possessor of public and government property and will be treated according to the relevant laws and regulations. .

In these cases, the law enforcement officers are obliged to immediately prevent such operations and refer the accused or accused to the judicial authorities for the issuance of a verdict, according to the request of the Ministry of Mines and Metals. The Ministry of Mines and Metals is obliged to take the necessary measures and submit the request for damages caused by the crime to the relevant judicial authority in a timely manner.
Article 20 – The Ministry of Mines and Metals will warn the exploitation license holders who do not fulfill their obligations or are unable to do so by setting a suitable deadline to fulfill their obligations.

If no action is taken by the obligee at the expiration of the stipulated deadline, or if the action taken is not sufficient in general, he will be required to pay the damages due to the failure to fulfill the related obligations, or he will be deemed unfit to continue the related operations.

Doing this will not affect the validity of the exploitation license or the rights of third parties.
Note – The Ministry of Mines and Metals is obliged to include the conditions related to how to compensate for damages caused by not fulfilling the obligations of this article in the exploitation permit and withdrawal permit.
Article 21 – The operator and the holder of the previous extraction permit is obliged to sell the property and equipment related to the mine, the extraction of which, according to the expert judgment of the Ministry of Mines and Metals, causes damage and loss to the mine at the rate determined based on the evaluation of the official judicial expert. hand over the day to the new operator.

If the property is not handed over
And the equipment related to the mine will be responsible for compensation for the damage caused according to the mentioned conditions.
Article 22 – If the implementation of mining operations in the area of the existing or previous property is for the rehabilitation of persons and there is a need to take possession of this property, the operator of the operation, after the approval of the Minister of Mines and Metals, is obliged to pay its rent or price without taking into account the mineral reserves located in it, equal to The opinion of the official judicial expert should be paid to the owner of the property at the daily price.

And if he refuses to receive it, he should deposit it in the fund of the country’s property and document registration organization, in which case the field for mining operations will be provided by the Ministry of Mines and Metals in coordination with the responsible institutions.
It is the responsibility of the relevant authorities to determine whether or not the property has been rehabilitated and the status of ownership of the owner or owners.
Note 1 – If it is necessary to dig an underground channel or tunnel in order to continue exploration operations or exploitation and extraction of mines located outside the said property, it will be subject to the above article, otherwise it will not be subject to the property.

Determining the customary depth of the subject of this note according to the type of land use in the mining operation area is the responsibility of the official judicial expert.
Note 2 – The owner or owners of the above-mentioned property or their legal representative in obtaining a permit for the exploration of the reserves of construction waste stone and decorative and facing stones located in the customary depth of the property is open or in the past for its own rehabilitation, which is determined in the order prescribed in the last part of the above note. , subject to submitting an application to the Ministry of Mines and Metals, before issuing an exploration permit to others, they will have the right of priority over them, in which case the exposed materials will belong to them up to the customary depth of the property, while being exempt from paying government fees, based on the provisions Article (10) and paragraph (1) (clause (a)) of the said article will be treated with them.

Note 3 – If the owner obstructs the implementation of mining operations subject to this article, the law enforcement officers are obliged to remove the obstruction and disturbance immediately at the request of the Ministry of Mines and Metals according to the relevant regulations.
Article 23 – Any action in the areas of exploitation and extraction of minerals, by the executive bodies including ministries, companies and government organizations and non-profit public institutions and revolutionary institutions and their subordinate units, is subject to obtaining a license from the Ministry of Mines and Metals.
Article 24 – In order to speed up the exploration and exploitation of mines, the relevant executive bodies are obliged to inform the Ministry of Mines and Metals about the legal boundaries related to them and the areas subject to paragraph (a) of Article 3 of the approved Environmental Protection and Improvement Law within four months at the latest. 1353 and its approved principles and compliance with the Law on Protection and Exploitation of the Country’s Forests and Pastures approved in 1346 and its subsequent principles as well as the Law on Conservation of the Use of Agricultural Lands and Gardens approved in 1374 when issuing exploration and exploitation permits. Failure to notify the opinion within the specified deadline is considered to be the agreement of the mentioned institutions to carry out the above operations.
Article 25 – If the scope of mining operations is located in national and natural resources, according to Note (4) (Article (3) of the Law on the Protection and Exploitation of Forests and Rangelands of the Country approved in 1346 and the approved principles of that action, but instead of ownership interest and The royalties included in the aforementioned note are based on three percent (3%) of government rights subject to Article (14) of this law and
Notes (1) and (2) of it, in order to rebuild the mining operation areas, in addition to the mentioned government rights, the Ministry of Mines and Metals will receive withdrawals from the operators and harvest permit holders and deposit them into the relevant account.
Article 26 – The areas related to the extraction, accumulation and exploitation of minerals and the disposal of mine waste materials located in national resources, the area of these areas is specified in the issued license, are the operational area of the respective mine and are available as public property until the end of the life of the mine. It will be the Ministry of Mines and Metals, and any operation outside of the items listed in the permits that are issued will be considered as seizure of public property.
Article 27 – The Ministry of Mines and Metals is obliged to organize this group in the form of engineering technical offices in order to optimally use the services of mining and geological experts and related matters. The government is obliged to compile the mining and geological engineering system plan and submit it to the parliament within six months from the date of approval of this law.
Article 28 – According to the geographical location of the mines and the need to develop the mining sector, the executive bodies are obliged to place the areas where the mines are located among the priorities for the implementation of development plans and programs and to apply their preferential tariff rates.
Article 29 – In order to establish stability in the economic calculations of the production of minerals, the regulations that lead to the imposition of unrelated and overhead costs for the production of the said materials shall be considered effective from the date of approval of this law.
Article 30 – The demands of the Ministry of Mines and Metals from individuals, whether natural or legal, regarding government rights, three percent of reconstruction and compensation for damages caused by non-fulfillment of obligations, respectively, in accordance with the subject of Article 14 and its notes 1 and 2 and Articles 20 and 25 of this According to the law, the claims are documented in the necessary documents and based on Article 48 of the Public Accounts Law of the country approved on 1.6.1366 by the Islamic Council, direct taxes will be collected according to the executive regulations.
Losses and losses caused by late payment will be based on a table that will be prepared by the Ministry of Mines and Metals and approved by the Council of Ministers along with the executive regulations.
Article 31 – In order to achieve sustainable development in the mining sector, the government is obliged to establish a mining activities investment insurance fund to cover all or part of the possible losses due to the lack of discovery of ore and existing investments, according to the statute that will be approved by the Cabinet of Ministers in to establish the Ministry of Mines and Metals and every year if
It is necessary to propose the credit requirement of the government’s share according to the production policies in the annual budget bills.
Article 32 – The Ministry of Mines and Metals is authorized, in the implementation of Clause 14, Article 1, of the Law on the Establishment of the said Ministry, approved in 1363 by the Islamic Council, in order to speed up the realization of the exploration and identification of deposits and necessarily other mining operations, operating companies whose statutes are approved by the Council of Ministers. will arrive, establish
Article 33 – Official employees of the government in the Ministry of Mines and Metals and companies and government-affiliated organizations during their employment and up to one year after termination of employment cannot be directly or indirectly involved in the transactions and concessions of this law. In case of violation, they will be sentenced to permanent dismissal from government services and 5 to 10 years of exclusion from any mining contract and obtaining any mining operations license.
Article 34 – The Ministry of Mines and Metals is obliged to carry out full supervision in all mines of the country in order to prevent the destruction and damage of mineral reserves and to fulfill the obligations of explorers and operators and to observe the principles of safety and protection of mine workers according to the executive regulations of this law.
Article 35 – The executive regulations of this law will be prepared by the Ministry of Mines and Metals in coordination with other relevant ministries, organizations and bodies within three months and will be approved by the Council of Ministers.
Article 36 – From the date of approval of this law, the Mining Law and its subsequent amendments, as well as other relevant laws and regulations in the contradictory part, are repealed.

Source:

1377.2.27 Approval date
– The date of approval by the Guardian Council
Date of approval by the Expediency Council 23.3.1

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