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Law No. 3-XVI “Code on subsoil”.

Country/Territory
Moldova, Republic of
Document type
Legislation
Date
2009 (2018)
Source
FAO, FAOLEX
Subject
Mineral resources
Keyword
Basic legislation Minerals Mining Contract/agreement Authorization/permit Exploration Enforcement/compliance Royalties/fees
Geographical area
CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia, Landlocked Developing Nations
Entry into force notes
This Law enters into force three months after the date of its official publication.
Abstract

This Law regulates mining relations with a view of ensuring rational and complex management of subsoil for the purpose of meeting the demand of the national economy in minerals and protection of subsoil. Legislation on subsoil management shall be based upon the following principles: (a) rational, complex and safe subsoil management; (b) protection of subsoil and environment; (c) combination of national and regional interests; (d) reproduction of minerals; (e) equality of rights and legal interests of all natural and legal persons that are subsoil managers; and (f) transparency in the sphere of subsoil management. All the minerals and subsoil shall be exclusive unalienable public property. Plots of subsoil can be conceded only for management in accordance with contracts. Extracted minerals shall be considered property of subsoil manager, if otherwise is not envisaged by contract. The Government shall validate quotas for export of minerals and limits for extraction of minerals, and also the modalities of management and protection of subsoil.The competence of the Agency for Geology and Mineral Resources shall include appeal to the licensing authority for submission of the documentation for taking the measures provided for by the legislation in case of detection of violations of licensing terms and conditions of subsoil use, committed by the user of the subsoil plot - license holder. State supervision and control over compliance with regulations in the field of environmental protection and rational management of natural resources in the process of work performance shall be conducted by the Environmental Protection Inspectorate in accordance with applicable law. Types of payments for the use of subsoil: (a) subsoil use is charged; (b) subsoil use payments are charged in monetary terms; (c) Payment for subsoil use shall be in the form of a payment: (1) regular subsoil use fees; and (2) reimbursement of the cost of exploration work carried out with funds from the state budget. Agency on Geology and Mineral Resources shall perform state control over rational management and protection of subsoil.

Full text
Russian/Romanian
Website
lex.justice.md

References - Legislation

Repeals

Subsoil Code.

Legislation | Moldova, Republic of | 1993

Keyword: Basic legislation, Concession, Mining, Minerals, Access-to-information, Authorization/permit, Hazardous substances, Waste disposal, Waste management

Source: FAO, FAOLEX

Implemented by

Government Resolution No. HG391/2023 On the organization and functioning of the National Inspectorate for Technical Supervision.

Legislation | Moldova, Republic of | 2023

Keyword: Survey/mapping, Risk assessment/management, Data collection/reporting, Access-to-information

Source: FAO, FAOLEX