LEGAL PROCEDURE FOR THE APPROVAL OF MINING PERMITS
Pursuant to Law No. 10 304, dated 15.7.2010. “For the Mining Sector in the Republic of Albania”, all legal entities, local or foreign, enjoy the right to exercise mining activity in Albania.
Law No. 10 304, dated 15.7.2010. “On the Mining Sector in the Republic of Albania” stipulates the rules on exercising mining and post-mining activities in the Republic of Albania and aims to promote mining activity in the Republic of Albania, by ensuring transparency and free competition while exercising this activity, maximizing the public benefit from the mining activity and protecting the environment and public health from the mining hazards and that of industrial mining waste.
Any entity that seeks to exercise mining activity in order to be provided with a mining permit must submit a request to the NLC in compliance to the procedure defined in articles 17, 31, 32 and 33 of law no. 10081, dated 23.2.2009 “On Licenses, Authorizations and Permits in the Republic of Albania”, as amended.
Legal basis on exercising mining activity by possessors of mining permits
Any mining entity that possesses a mining permit will implement the basic legislation operating in the mining sector and all bylaws issued in its implementation. Mining rights derive from mining permits, defined in Law No. 10 304, dated 15.7.2010. “On the Mining Sector in the Republic of Albania”.
Mining permits in mining areas, defined in the annual mining program as competitive areas, according to article 8 of this law, are granted to interested entities, winners of a public competition, while in mining areas defined in the annual mining program, as free areas , according to article 8 of this law, the mining permit is given to the interested subject, which meets the conditions of the permit, according to the principle “First in time, first in rights”.
The Government may issue to legal entities, local or foreign, mining rights on competitive areas, according to a competition procedure, in compliance with the requirements and deadlines stipulated in the provisions of the legislation in force, on public competition, on the award of material goods. The competing procedure must also include the technical, financial criteria of the investment and its results and the competitor’s experience in the field of mining activities, as well.
The Government may issue mining rights to legal entities, local or foreign, in accordance with the provisions of the enforced legislation on concessions. To exercise mining rights, the concession agreement is also subject to the provisions of this law.
Law no. 10081, dated 23.2.2009 “On Licenses, Authorizations and Permits in the Republic of Albania”, as amended;
Law No. 10304, dated 15.7.2010. “On the Mining Sector in the Republic of Albania”.
Decisions of the Council of Ministers
DCM no. 479, dated 29.06.2011, Mining Strategy
DCM no. 442, dated 16.06.2011, Precious metals
DCM no. 441, dated 16.06.2011, Professional licensing
DCM no. 440, dated 16.06.2011, Guarantees
DCM no.436, dated 16.06.2011, On amendments on ……NCL
DCM no. 364, dated 04.05.2011, Minimum values
DCM no. 362, dated 29.04.2011, Transfer
DCM no. 347, dated 29.04.2011, 3-year plan
DCM no.320, dated 21.04.2011 Competitive Areas
DCM no. 233, dated 23.3.2011, EITI
DCM no. 232, dated 23.3.2011, Structures
DCM no.942, dated 17.11.2010, Free Areas
Order no. 813, dated 17.10.2011, Mining Waste
Order no. 753, dated 10.10.2011, Professional Licensing
Guideline no. 718 dated 03.10.2011
Note on Mining Entities
Order no.302, dated 12.4.2011, Rehabilitation, Closure and Waste
Order no.304, dated 13.4.2011, Drafting the Project
Order no.305, dated 13.4.2011, Mining Strategy
Order no.306, dated 13.4.2011, Drafting the Annual Plan
Order no.307, dated 13.04.2011, Information survey, discovery of metals and non-metallic, coal, bitumen
Order no.308, dated 13.04.2011, Information on exploitation permit of metal, Coal, Bitumen
Order no.309, dated 13.04.2011, Information on survey -discovery of construction minerals
Order no.310, dated 13.04.2011, Information on open pit permits of construction minerals
Order no.311, dated 13.04.2011, Information survey -Discovery-Exploitation of precious metals
Order no.312, dated 13.04.2011, Mandatory information on part of permit holders
Order no. 382, dated 20.05.2011, Ascertainment act on minor offenses
Order no.383, dated 20.05.2011, Closing plan form
Order no. 384, dated 20.05.2011, Mining Cadaster
Order no.386, dated 20.05.2011, Mining data
Order no.387, dated 20.05.2011, Conservation Project
Order no.388, dated 20.05.2011, Monitoring plan
Order no.414, dated 03.06.2011, Waste Treatment
Order no. 477, dated 27.06.2011, Approval Act
Order no. 478, dated 27.06.2011, Decision of the Technical Council