Mining Rules

Mining Rules

Chapter I - Definitions and Overview

Article 1 - Definitions of terms used in this law are as follows:

C - mineral deposit (deposit): a natural accumulation of one or more mineral concentration or under or on the ground or dissolved in water

D - Mining: exploitation of the mineral deposit that is affordable.

E - discovery: an administrative investigation to determine the ore body, including operations such as the following:

1 - Sampling and testing Saryaby and qualitative and quantitative.

2 - Geological studies, geophysical, and geochemical and like to do things that are necessary for such studies.

3 - Open pit and underground drilling.

4 - Determining the shape and quality of mineral resources and relevant maps.

E - Exploration license: permit to carry out mineral exploration within the specified limits issued by the Ministry of Mines and Metals.

F - Exploration certificate: confirmation by the ministry of mines after the exploration and discovery of ore in the name of the holder of the exploration license issued.

G - Use: set of actions taken in order to extract and mineral processing is performed to obtain salable minerals.

H - Operator: natural or legal person, including public, cooperative and private use with a license from the ministry of mines and metals.

I - Shipping: set of actions taken in order to separate the ore from deposits and transfers it to the depot is done.

‌J - Exploitation permits: a permit issued by the ministry of mines for the supply of construction materials needed for development projects and debris removal and reserves are limited and partial and laboratory processes.

K- Royalty: the revenues from the extraction, utilization and per unit of material or mineral removal.

L - Mineral processing, the operation of all physical, chemical, or physical and chemical designed to remove some of the waste from ore and ore separation from each other is doing.

M- Processing: includes all activities undertaken on raw materials mining or mineral processing, resulting in the production of raw materials Sntymyshvd they do.

N- Depot: area outside extraction workshops, tunnels and pits where the extracted material is retained.

O - Sand normal: and sandy gravel that contains minerals with no value or is not cost-effective to separate them, mainly in Karhaysakhtmany, road construction, concrete placement and the like are used.

P - Ordinary clay: clay soil that is used for the common brick (Ghyrnsvz) is used and it is used in agricultural operations and road construction.

Q - Industry soil: the soil due to physical or chemical properties of various industrial applications.

R- Stone and construction: stones available in nature, containing ores separable under the present conditions and cost-effective processing of routine and regular or not, according to the ministry of mines and metals decorative stone not generally follow or Dyvarchyny buildings, roads Vdyvarhsazy and things like it used to.

S - Decorative stone: crystalline and amorphous rocks of sedimentary, igneous and metamorphic rocks containing ores separable under the present conditions and current and cost-effective processing of Nzyrbrsh and polished as marble, marble-like (marble), travertine, granite and so on.

W - Exploitation license: permit by the Ministry of mines for exploitation of mines in the area which is known to be issued.

X - Operating plan: a plan which details operational plans for the exploitation of mines and scheduling of works and other special forms Atlaatbrasas Mines samples of mines, operated by agents are included.

Y- Unclaimed mines: the mines, refers to non-users, and there is no restriction or transfer of it in terms of this Act.

Article 2 - Implementation of the forty four and forty five mines of the country's constitutional responsibility for state sovereignty and the protection of deposits and Nyzsdvr allow mining activities under the supervision of the law and cause the development of mining activities, access the added value of mineral raw materials, value-added development of mineral exports, creating jobs in this sector and increase the contribution of the mining sector in economic and social development of the country is the responsibility of the ministry of mines and metals.

‌Article 3 - minerals to be classified as follows:

A - minerals category A are:

Limestone, gypsum, sand plain, ordinary clay, sea shells, clay mineral, water and rock salt, marl, stone building, and so on.

B - minerals floor two are:

1 - iron, gold, hot, tin, mercury, lead, zinc, copper, titanium, antimony, molybdenum, cobalt, tungsten, cadmium and other metals.

2- Nitrates, phosphates, draft, alkaline salts, sulphates, carbonates, chloride (except cases mentioned in category one) and so on.

3 - Mica, graphite, talc, kaolin, fireproof, feldspar, limestone and silica sand, perlite, diatomaceous earth, zeolite, bauxite, red soil, yellow soil, Khak·haysnty and so on.

4 - And semi-precious gemstones like diamond, emerald, ruby, jade, turquoise, agate types and the like.

5 - Facade decoration stones.

6 - Various forms of non-oil and coal.

7 - Mineral extraction of mineral gases, except water and hydrocarbon gases.

ج - Third category mineral substances include:

All hydrocarbons except coal, such as crude oil, natural gas, bitumen, oil shales, natural asphalt rock and sand soaked in oil and Amsalanha.

‌Bitumen, oil shales and natural asphalt rock act if the oil ministry and its affiliated companies and units of the Ministry is not considered Madntbqh two.

D - fourth category mineral substances include:

All radioactive materials, including primary and secondary.

Article 4 - the first and second category of minerals, except for the normal and ordinary clay sand under the provisions of this law's area of jurisdiction of the ministry of mines and metals.

Note - The usual diagnosis of sand and clay with the ministry of mines and metals.

Chapter II - Exploration

Article 5 - exploration of mineral resources by state and cooperative and private sectors, including natural and legal persons is performed. The ministry of mines and metals shall directly or by organizations, companies and units, or using the services of qualified natural and legal persons concerned to explore and identify the country's mineral resources.

Article 6 - the exploration of mineral reserves, subject to the issuance of exploration license by the ministry of mines and metals. How license, terms of exploration, Mdtatbar license, transfer of rights of the license and other necessary items related to provisions of this law shall be determined in the executive regulations.

Note - exploration during operation does not require the issuance of exploration license, but for the discovery of new mineral deposits or the discovery certificate holder operating license in compliance with the provisions of the law were amended or new certificate will be issued.

Article 7 - The Ministry of Mines and Metals exploration is required to issue certificates to verify the discovery, the exploration license holder's act. The certificate type or types of minerals have been discovered, quantity, quality, range, area and cost of exploration should be noted. The certificate of the Ministry of mines within one year from the date of issue, will be passed on to third parties.

Note 1 - The implementation of the above article, especially if there is no confirmation of exploration, will be determined in the executive regulations of this law.

Note 2 - In case of failure to reach the ore after exploration, the exploration license holder a right to be created.

Article 8 - Exploration certificate holders can be discovered within one year after certification, its request for a license to exploit the mine discovered, submit to the ministry of mines and metals. Failure to submit the application deadline mentioned deprive the right of priority, they will.

Note - In case of failure to submit a timely request these costs contained in the certificate of discovery exploration, mineral deposit discovered by the operator of the respective certificate holder in the executive regulations of this law will be paid.

Chapter III - Operation

Article 9 - the exploitation of mineral resources, requires a license from the Ministry of Mines and Metals operation. The license shall be issued by the Ministry of Mines and Trhbhrhbrdary approved.

Article 10 - The agents of exploitation of mineral resources include:

A - The following legal or natural persons with the diagnosis and direct to the Ministry of Mines and Metals.

1 - Exploration certificate holders, the deadline set out in Article 8.

2 - producing minerals processing units with Afzvdhtr value to the raw material production, the mines produced unclaimed until Adamhmydhnd.

3 - industrial consumers of minerals from unclaimed mines, as long as they continue to produce.

4 - operating Applicants who specializes in mining or geology, or between at least one of the experts have said, as long as the above have the Madnblamarz.

B - units or subsidiaries and affiliated to the Ministry of Mines and Metals of necessity.

These units and companies can use the services of a competent legal or natural persons or their participation exploit the mineral resources.

C - mining cooperatives of the personnel mines.

Note 1 - If multiple operating applicants or applicants are not among the paragraphs above, the provisions pertaining to public accounting Dvltyqanvn trading is standard practice.

Note 2 - The profile contains a profile of each mine is mine, quantity and quality of mineral reserves, economic and technical assessment of the rate of return Dakhlysrmayh, Executive requirements mining the optimal storage and technical protection and other safety precautions are necessary. Remember mining in the birth certificate will be guaranteed by the Ministry of Mines and Metals is acceptable as collateral.

Note 3 - The operating license is an official document, in force, including for use on Mines and approved operating plan, Qabltmdyd, tradable and transferable to third parties, which includes the right to exploitation of the mineral deposit and the license includes his commitment in the implementation of Nmybashd. Based on the above and save for any period of use of up to 25 years with priority to renew the license holder is determined.

Article 11 - The Ministry of Mines and Metals is required to permit the exploration and exploitation of mines to families of martyrs and war veterans and eligible local joint stock corporations and cooperatives, in compliance with the provisions of this law a priority.

Article 12 - Due to the large deposits of ore grade, the extraction of valuable minerals, investment, geographical location and Mlahzatsyasy, social and economic, on the Ministry of Mines and Metals and approved by the Cabinet diagnosed and how to use it by Hyatdvlt determined.

Article 13 - The Ministry of Mines and Metals can supply of construction materials needed for development projects and debris removal and limited reserves discovered or if any part of a mineral deposit and withdraw your permission for the operation of laboratory diagnosis limited issue.

Article 14 - the holder of the exploitation license, the percentage of the cost of mineral Srmdn set forth in the license at the current rate, as royalty, annual pay Bhvzart mines. The Minister may, if necessary, at the expense of the farmers obtain the ore.

The implementation of this Article and the determination of the above-mentioned criteria according to factors such as the location of the mine, the mineral deposit, Rvshastkhraj, obligations and operating profit in the executive regulations of this law will be preferred.

Obviously, all the proceeds of this material will be provided to the Treasury account.

Note 1 - Basis base price of copper mines, which are awarded by public law enforcement calculations, the average royalty adjacent Madnmshabh them.

Note 2 - royalty for exploitation permit holders, the average royalty nearby mines will be picked up. Laboratory studies of one of the payment of the application to be exempted.

Note 3 - source income subject to the latter part of paragraph (a) Note (66) of the budget year 1363, the percentage will be specified in the above article.



Article 16 - The Ministry of Mines and Metals is required to encourage investment in mineral production process, the relevant entities covered by the supervision and support of his leadership and the private sector to invest in these matters. In this regard, feasibility studies and preparing projects type do. How it will be specified in the executive by-law.

Article 17 - The government is required to develop more value-added processing and export of minerals and the development of exploration activities Vbhrhbrdary, the Ministry of mines in relation to the policies of manufacturing, trade, monetary and financial related studies, Drsvrttsvyb In order to make development plans and to realize anticipated in the annual budget bills shall be required.

Note - The Ministry of Mines and Metals is required to expand the mineral processing and export it as a priority of its implementation.

Chapter IV - General Provisions

Article 18 - The Ministry of Mines and Metals is required to the current operating condition gradually before the expiry of the validity of licenses issued, with the law Ttbyqdadh, if commitments to their new operating license is issued. However these measures should in no way impair the rights Mktsbhbhrhbrdaran.

Article 19 - Everyone has the exploration or exploitation without license or permission to exploration drilling, extraction, harvesting and exploitation of the minerals, occupying the public and state property is and will be treated with laws and regulations. In these cases at the request of the Ministry of Mines and Metals Mamvranantzamy shall immediately stop such operations and the defendant or defendants for sentencing to introduce Mrajqzayy. Ministry of Mines and Metals shall also take the necessary measures, timely reference to the harm caused by crime Qzayymrbvt submit.

Article 20 - The Ministry of Mines and Metals operation and to withdraw the license holders would not fulfill its obligations or unable to do so Batyyn notification deadline will be proportional to his commitment to play. If, at the expiration of the deadline would not be committed or Aqdamanjam generally does not suffice to pay damages due to non-fulfillment of commitments will be recognized or ultimately incompetent related to Adamhmlyat. This action will not affect CREDIT exploitation license or rights of third parties.

Note - The ministry of mines and metals shall be eligible for compensation due to non-fulfillment of obligations related to the topic of this article is written Drprvanh utilization and exploitation permits.

Article 21 - operator and the owner of the property and equipment related to mining exploitation permit is required prior to the abstraction of the expert's diagnosis causing harm and damage to the mining and metals Vzartmadn is to determine the rate based on the evaluation of the official expert at the price of the day New Bhbhrhbrdar established. If there is no transfer of property and equipment related to the mining of the above-mentioned conditions will be responsible for compensation.

Article 22 - If mining operations located within the property or had a reduction of real people and the need to seize the property, the Mjrymlyat after the approval of the Minister of Mines and Metals is required to rent or located in the value of the mines, excluding equal Review official expert Dadgstrybh price to the owner's day and if he refuses to receive it, the Fund is deposited in the Registry of Deeds and Properties Haltzmynh mining operations by the Ministry of mines will be provided in coordination with the responsible agencies.

Established diagnosis or condition precedent to the restoration of the property and property owner or owners is the responsibility of the relevant authorities.

Note 1 - If it is to continue exploration or mining operation located outside of these properties need to dig deep channels or Tvnlzyrzmyny that common property is the subject of this article, otherwise the property will not be. Note: Depending on the type of land use customary depth diagnosis Mvzvayn official expert is responsible for mining operations.

Bhvzart request mines, prior to the issuance of exploration license to others, than they will have priority in which case the material was discovered at a depth Rfytb their property, exemption from payment of the state, according to the provisions of Article 10 and paragraph ( 1) subparagraph (a) article to be treated.

Note 3 - If law enforcement officers are required to prevent the owner of the mining operations in this Article, upon the request of the Ministry of Mines & Metals according to liberalize regulations and their harassment.

Article 23 - Any Drmhdvdhhay operation and minerals, by the executive agencies, including ministries, public institutions and private companies and Sazmanhaydvlty and revolutionary institutions and units are subject to the approval of the ministry of mines and metals.

Article 24 - To accelerate the exploration and exploitation of mines, executive agencies concerned shall, within four months of the inquiry Vzartmadn and the private homes of law related to its metals and regions referred to in paragraph (a) of Article 3 of the law and improve environmental protection Vaslahyhhay approved in 1353, it approved and comply with the law of conservation and utilization of Forests and Rangelands Act of 1346 and amendments thereto, as well as agricultural land and gardens Qanvnhfz Licensing Act 1374 during the exploration and exploitation comment. No comments Mqrrbhmnzlh agreed on a deadline for the implementation of the above mentioned devices is considered.

Article 25 - If the range of mining operations, natural resources and is a natural fact, according to Note (4) of Article (3) of the protection and utilization of forests and pastures of the amendments adopted in 1346 and approved the action, but instead of royalty and ground rent in the Note these on the basis of three percent (3%) royalty under article 14 of this law and notes (1) and (2) in order to restore the areas of mining operations, in addition to the ministry of mines and metals royalty Mzkvrtvst farmers to harvest Vdarndgan received and credited to the relevant account.

Article 26 - areas related to the exploration and exploitation of mineral deposits and mining waste in the natural resources that are specified in the license issued Aynmhdvdhha area, the area of ​​the mine was operational until the end of life of the mine as of public property is was controlled by the Ministry of Mines and metals and any operations outside the provisions of licenses that will be issued as public property is seized.

Article 27 - The Ministry of Mines and Metals is required for optimal use of the services of specialists and mine geology and related matters, Ayngrvh into the offices of the engineering organization. The government must develop a bill of Mining Engineering and Geology and within six months from the date of enactment of this legislation is presented to Parliament.

Article 28 - The executive agencies are required due to the geographical location of mines and the need to develop the mining sector, the areas where the mines Avlvytajray projects and development plans and applied tariff rates - their preferences.

Article 29 - In order to stabilize the economic calculations of mineral production, regulations, resulting in irrelevant and overhead costs for the production of the enactment of this law Kanlmykn deemed Mvadmzkvr.

Article 30 - the demands of Ministry of Mines and Metals of persons, whether natural or legal rights for government, S·hdrsd reconstruction and compensation due to a lack of commitment to the subject matter (14) and notes (1) and (2) Products ( 20) and (25) of this Act, shall Asnadlazmalajra documentary requirements and in accordance with Article (48) of the Public Audit Act of 01/06/1366 Parliament will be recoverable in accordance with Malyathaymstqym executive.

Losses due to the delay will be on the table along with the executive regulations of this law and approved by the Council of Ministers will be prepared by the ministry of mines and metals.

Article 31 - In order to achieve sustainable development in the mining sector, the government is obliged to fund investment in mining activities in order to ensure all Yaqsmty of damages due to the discovery of mineralization and existing investments, the constitution will be approved by the Council of Ministers established in Vzartmadn and metals; and Every year if needed credibility of government policies with respect to the annual budget bills Pyshnhadnmayd production.

Article 32 - The Ministry of Mines and Metals is permitted in paragraph (14) of Article (1) of the 1363 Act of Parliament established the Ministry of Aslamybmnzvr accelerate the realization of the exploration and identification of mineral deposits and essentially all other operations, the operating companies that they ratified the Statute Vzyrankhvahd Board reached its establishment.

Article 33 - employees of state in the ministry of mines and government affiliated organizations at the time of employment and up to one year after discontinuing Ashtghalnmytvannd directly or indirectly in trading and privileges under this Act or stakeholders share holders. In case of violation of the separation Khdmatdvlty life and exclusion from 5 to 10 years for any contract mining and mine operation sentenced obtaining any license.

Article 34 - The Ministry of Mines and Metals is required in all countries to prevent the destruction of mines and mineral resources and commitments Aktshafknndgan and exploitation and violation of the principles of safety and protection of personnel mines complete control of the law of this law to use.

Article 35 - The executive regulations of this law by the ministry of mines and metals in coordination with other ministries, relevant organizations Thyhv approved by the Committee of Ministers within three months.

Article 36 - the date of enactment of this Act, Mining Act and its subsequent amendments, and other laws and regulations to the contrary are repealed.

The date of approval 27/02/1377

Approval of the Guardian Council -

Expediency Council approved on 03/23/1377