Maapõueseadus (MaaPS)

§ 1. Purpose, scope of regulation and scope of application of the Act

(1) The purpose of this Act is to ensure the sustainable and economically feasible use of the earth’s crust and to reduce the environmental nuisances caused thereby to the greatest extent possible.

(2) This Act regulates:

1) geological investigation;

2) geological exploration of mineral resources;

3) extraction of mineral resources;

4) the rights of the owner of an immovable upon the use of the mineral resources located within the boundaries of the immovable;

5) reclamation of the explored and mined-out land;

6) use of the earth’s crust which is not related to the extraction of mineral resources, except to the extent regulated by other Acts;

7) protection of the earth’s crust;

8) prevention of environmental threats and reduction of environmental risks related to the use of the earth’s crust, unless regulated by other Acts;

9) organisation of regulatory enforcement over compliance with the requirements provided in this Act;

10) liability for violation of the requirements provided in this Act.

(3) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking into account the specifications provided by this Act.

(4) Chapter 5 of the General Part of the Environmental Code Act applies to the proceedings regarding an environmental permit for the extraction of mineral resources prescribed in this Act (hereinafter extraction permit), taking into account the specifications provided by this Act.

(5) Removal of mineral resources or rock, sediments, liquid or gas not registered as mineral resources from the natural state is not deemed to be a significant environmental nuisance within the scope of application of this Act.

§ 2. Earth’s crust

For the purposes of this Act, ‘earth’s crust’ means the upper layer of the ground technically and economically accessible for human activity on land, in internal and transboundary water bodies, on the territorial sea, in inland maritime waters and in the exclusive economic zone.

§ 3. Mineral resource

‘Mineral resource’ means a natural rock, sediment, liquid or gas the characteristics of which comply with the requirements specified in, or established on the basis of, § 22 of this Act or the requirements established by the person commissioning the exploration and the body or part of the body of which has been registered in the register of mineral resources.

§ 4. Geological investigation and geological exploration of mineral resources

(1) ‘Geological investigation’ means research or geological operations conducted to establish the geological structure of the earth’s crust.

(2) ‘Geological exploration of mineral resources’ (hereinafter geological exploration) means geological operations conducted for the purpose of registration and extraction of mineral resources.

§ 4¹. Exploration borehole and test pit

(1) For the purposes of this Act, ‘exploration borehole’ means a borehole drilled for geological investigation or geological exploration, by which the geological structure and hydrogeological and hydrological conditions of the earth’s crust are determined, and the rocks and sediments of the earth’s crust and the liquid or gas contained in their bodies are examined.

(2) For the purposes of this Act, ‘test pit’ means a pit or trench excavated for geological investigation or geological exploration, by which the geological structure of the earth’s crust is determined, the rocks and sediments of the earth’s crust and the liquid or gas contained in their bodies are examined, and, where possible, the level of groundwater is determined or hydrogeological and hydrological investigations are carried out.

(3) Hydrogeological investigations, including groundwater monitoring, may be carried out in exploration boreholes and test pits during the period of validity of the permit for geological investigation or geological exploration permit, in order to investigate the water regime and water tables, depending on the purpose of the investigation.

§ 5. Mineral deposit

‘Mineral deposit’ means a body or part of a body of mineral resources which has been defined and investigated by geological exploration and registered in the register of mineral resources, including its interbeds.

§ 6. Extraction and use of mineral resources

(1) ‘Extraction of mineral resources’ (hereinafter extraction) means the operations performed to prepare for the removal of mineral resources from the natural state, removal of mineral resources from the natural state as well as transport and initial processing of the extracted mineral matter within the boundaries of the mining claim and its service plot.

(2) ‘Extracted mineral matter’ means a solid component of any rock or sediment which has been removed from the natural state.

(3) ‘Use of mineral resources’ means the consumption of mineral resources without their transfer or the use of mineral resources in the natural state.

§ 7. Geological exploration area and its service plot

(1) ‘Geological exploration area’ means a part of the earth’s crust designated for geological operations by a permit for geological investigation or geological exploration permit.

(2) ‘Service plot of a geological exploration area’ means the territory designated for geological operations by a permit for geological investigation or geological exploration permit above the geological exploration area.

§ 8. Mining claim and its service plot

(1) ‘Mining claim’ means a part of the earth’s crust designated for extraction by an extraction permit.

(2) ‘Mining claim service plot’ means an area designated for extraction by an extraction permit around, or above and around, a mining claim.

§ 9. Reclamation of mined-out land

‘Reclamation of mined-out land’ means to render the land usable for its former or new purpose.

§ 10. Overburden covering mineral resources

‘Overburden covering mineral resources’ (hereinafter overburden) means rocks and sediments covering mineral resources, the removal of which is necessary in open-pit mining.

§ 11. Extent of ownership of mineral resources and earth’s crust

(1) The following belong to the state:

1) bedrock mineral resources;

2) mineral resources in public water bodies.

(2) The natural body of bedrock, sediments, liquid or gas which is not registered belongs to the state, and immovable property ownership does not extend thereto, unless this arises from the intended use of the immovable.

(3) For the purposes of this Act, ‘bedrock’ means rocks created in a preglacial period that open on the ground or are buried under the Quaternary cover.

(4) The mineral resources belonging to the state specified in subsection 1 of this section are not in commerce in their natural form.

(5) Where a permit is required for the removal of mineral resources in state ownership from the natural state, the extracted mineral matter generated upon mining on the basis of the permit belongs to the holder of the permit.

(6) Where a permit is required for the removal of mineral resources in state ownership from the natural state, the extracted mineral matter generated upon mining without a permit belongs to the state.

§ 12. Mineral Resources Commission

(1) The Mineral Resources Commission is established within the area of government of the Ministry of Climate. The main function of the Mineral Resources Commission is to advise the Ministry of Climate and the authorities within its area of government on the exploration, use and protection of the earth’s crust and on keeping records of mineral resources.

(2) The statutes of the Mineral Resources Commission establish the rights, obligations and rules of procedure of the commission, including the procedure for making decisions and organisation of administration, and, where necessary, the rules of remuneration of the commission.

(3) Experts of geology, extractive industry, environmental protection and other areas are appointed as members of the Mineral Resources Commission.

(4) The composition of the Mineral Resources Commission and its statutes are approved by the minister in charge of the policy sector.

§ 13. Principle of reducing environmental nuisances

In their activities toward the use of the earth’s crust, administrative authorities are guided by the principle that environmental nuisances caused by the use of the earth’s crust must be reduced to the greatest extent possible, paying special attention to such environmental nuisances which affect water, air, soil, protected natural objects and the right of people to the environment that conforms to the needs of human health and well-being. Where alternative solutions exist, preference should be given, where possible, to solutions that cause less environmental nuisances.

§ 14. Principles of protection of earth’s crust and mineral resources

(1) Upon organisation of activities affecting the condition and use of the earth’s crust, administrative authorities must ensure:

1) the preservation of mineability of mineral resources unless the mineral resources are being extracted or otherwise removed from the natural state, or used or consumed to the extent permitted in, or on the basis of, this Act;

2) access to mineral resources;

3) economically rational and sustainable use of mineral resources.

(2) The Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority within the area of government of the Ministry of Climate tasked with geological mapping as well as preserving, and ensuring access to, geological information (hereinafter state authority tasked with ensuring geological competence of the state) may allow activities affecting the condition and use of the earth’s crust only if the planned activities:

1) do not cause deterioration of the current situation as regards mineability of or access to the mineral resources;

2) cause deterioration of the current situation as regards access to the mineral resources, but the activities are not of a permanent nature; or

3) cause deterioration of the current situation as regards mineability of or access to the mineral resources, but involve the construction of construction works of predominant public interest, including utility networks, a civil engineering work or a construction work that serves national defence purposes within the meaning of the Building Code (hereinafter construction work that serves national defence purposes), for which there is no reasonable alternative location, or involve the construction of a generating installation which uses a renewable energy source for producing electricity and the related infrastructure within the meaning of the Electricity Market Act (hereinafter renewable energy construction).

(2¹) The Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state may allow the construction of a renewable energy construction:

1) in the area of a peat deposit which has not been entered in the list of peat areas suitable for extraction and for which there is no valid extraction permit or geological exploration permit and no applications for an extraction permit or geological exploration permit have been submitted;

2) in the area of a clay, lake mud, lacustrine lime, sea mud or oil shale deposit for which there is no valid extraction permit or geological exploration permit and no applications for an extraction permit or geological exploration permit for such mineral resources have been submitted, for a fixed term of up to 35 years;

3) in the area of a deposit of other mineral resources for which there is no valid extraction permit or geological exploration permit and no applications for an extraction permit or geological exploration permit for such mineral resources have been submitted and provided that the Ministry of Climate has agreed to the activity where it is not the issuer of the permit provided in this subsection, for a fixed term of up to 35 years.

(3) Mineral resources may not be excluded from a mining claim due to the reason that extraction of such mineral resources would not be economically or technologically justified in the future.

(4) The provisions of subsection 3 of this section are not applied to the extent necessary to ensure a safe working environment, preservation of property, prevention of environmental threat or reduction of environmental risk.

§ 15. Permitting of activities affecting condition and use of earth’s crust and preparing and approving of plans

(1) Activities affecting the condition and use of the earth’s crust require a permit of the Ministry of Climate or, upon authorisation of the Minister of Climate, of the state authority tasked with ensuring geological competence of the state. A permit must be applied for, among others:

1) where a person wishes to perform an activity affecting the condition and use of the earth’s crust on a mineral deposit and a building notice must be submitted or a building permit, another permit or another administrative act must be obtained for such activity;

2) to alter the intended purpose of a cadastral unit in the area of a mineral deposit;

3) in the case provided in subsection 2 of § 3 of the Act on Acquisition of Land Subject to Usufruct in Land Reform.

(2) In order to obtain the permit specified in subsection 1 of this section, the administrative authority organising the proceeding submits, during the proceeding specified in subsection 1 of this section, to the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state the documents related to the appropriate proceeding which are necessary for deciding on the grant of the permit.

(3) If the proceeding specified in subsection 1 of this section is not conducted, the person interested in constructing submits, prior to beginning the construction, for the purpose of obtaining the permit specified in subsection 1 of this section, an application to the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state, together with the documents related to the relevant proceeding which are necessary for deciding on the grant of the permit. It is not permitted to commence construction before obtaining the permit specified in subsection 1 of this section.

(4) The grant of or refusal to grant the permit specified in subsection 1 of this section is decided by the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state within 30 days after the receipt of the corresponding application or the documents necessary for the grant of the permit.

(5) The Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state may extend the time limit provided in subsection 4 of this section where circumstances become evident which do not allow a decision to be made on the grant of or refusal to grant a permit within this time limit.

(6) The Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state sends the decision on grant of or refusal to grant the permit specified in subsection 1 of this section to the person who has submitted the application and, where appropriate, also to the administrative authority organising the proceeding specified in subsection 1 of this section.

(7) Where a mineral deposit or a part thereof is situated in a planned area, the county-wide spatial plan, comprehensive plan or detailed plan or the special plan of the state or local authority is subject to approval by the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state pursuant to the procedure provided in the Spatial Planning Act.

(7¹) Upon preparation of plans, only the data entered in the register of mineral resources are used as the data of mineral deposits.

(8) No permit is required for the activities specified in clauses 1 and 2 of subsection 1 of this section where:

1) the activities specified in clauses 1 and 2 of subsection 1 of this section have been approved by the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state through a plan;

2) a cadastral unit is being divided without altering its intended purpose;

3) in the area necessary for servicing a building built on a legal basis, the intended purpose of the cadastral unit is being altered in accordance with the actual legitimate use;

4) the intended purpose of a mining claim service plot with an extraction permit is being altered to mining industry land or peat processing land;

5) a plan is being revoked;

6) a construction work is being demolished or dismantled;

7) a bored well, boundary fence, utility network or cycle and pedestrian track is being erected or a road or railway track is being reconstructed within the protection zone of existing civil engineering works or in an area with permanent buildings or in a cadastral unit intended for use as residential land;

8) an existing construction work built on a legal basis is being reconstructed or extended or it is being demolished and a new construction work is being built in the same area;

9) a land improvement system is being reconstructed, works related to management of a land improvement system are being made, including land improvement systems are being maintained or renewed or proceedings are being conducted on a design for a land improvement system or on a building permit for a land improvement system, a building permit for a small-scale land improvement system, a use permit for a land improvement system or a use permit for a small-scale land improvement system.

(8¹) By the permit specified in subsection 1 of this section or upon approval of plans on the basis of subsection 7, conditions may be imposed on a renewable energy construction or on construction activities, including concerning the time limit. The time limit commences as of the grant of the permit specified in subsection 1 of this section or the approval specified in subsection 7.

(8²) The principles and conditions provided in § 14 of this Act apply to the approving of plans.

(9) The Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state refuses to grant the permit specified in subsection 1 of this section or to grant its approval in the case specified in subsection 7 of this section if the principles or conditions specified in § 14 of this Act are not complied with.

(10) The authority competent to issue design specifications, building permits or use and occupancy permits under the Building Code issues design specifications, a building permit or use and occupancy permit provided in the Building Code for a renewable energy construction to be built on a mineral deposit on the conditions set by the permit issued under subsection 1 of this section or the approval granted under subsection 7 by the Ministry of Climate or, upon authorisation of the Minister of Climate, the state authority tasked with ensuring geological competence of the state, taking into account, among others, the time limit.

(11) The authority competent to issue design specifications, building permits or use and occupancy permits under the Building Code refuses to issue design specifications, a building permit or use and occupancy permit for a renewable energy construction to be built on a mineral deposit in the absence of the permit provided in subsection 1 of this section or the approval specified in subsection 7.

§ 16. Principal obligations relating to use of earth’s crust

(1) In addition to the provisions of clauses 1 and 2 of subsection 1 of § 14 of this Act, adverse impact on the environment, human health, well-being and property must be minimised to the reasonable extent upon use of the earth’s crust.

(2) Use of the earth’s crust only for the purpose of removal of soil from the earth’s crust is prohibited.

(3) Upon extraction of mineral resources, preservation of exploitability and mineability of the mineral resources remaining in the mineral deposit must be ensured.

(4) Mineral resources must be extracted or otherwise removed from the natural state and used in as economically expediently and sustainably as possible.

(5) The provisions of subsection 3 of this section are not applied to the extent necessary to ensure a safe working environment, preservation of property, prevention of environmental threat or reduction of environmental risk.

§ 17. Right to carry out geological investigation and geological exploration

(1) Geological investigation is permitted on the basis of a permit for geological investigation, with the exception of geological investigation where no field work is planned or the work is limited to the description of natural or artificial exposures, the examination of rock from an outcrop or the collection of fossils from the ground, hand-held or shovel probing and sampling, or geophysical investigations.

(2) Geological exploration is permitted on the basis of a geological exploration permit (hereinafter exploration permit), with the exception of geological exploration carried out under an extraction permit within the boundaries of a mining claim and geological exploration where no field work is planned or the work is limited to the description of natural or artificial exposures and the collection of pieces of rock from an outcrop in order to explore the rock, or the collection of fossils from the ground.

(2¹) Hydrogeological investigations carried out on the basis of clause 1 of § 208 of the Water Act are not deemed to be geological exploration within the meaning of this Act and the person carrying out such investigations is not required to obtain an exploration permit.

(3) Geological investigation and geological exploration are organised and led by a person who has the appropriate knowledge, skills and experience (hereinafter competence). The competence of a person must enable the person to be aware of the risks associated with the area of activity and be able to identify and avoid the realisation of the risks. Competence presumes the knowledge and skills acquired by professional training and work experience.

(4) Hydrogeological investigations may be carried out on the basis of a permit for geological investigation or exploration permit by a person holding an activity licence provided in clause 1 of § 208 of the Water Act.

(5) The drilling of an exploration borehole and the excavation of a test pit do not require an activity licence provided in clauses 3 and 5 of § 208 of the Water Act.

§ 18. General requirements for geological investigation and geological exploration

The holder of a permit for geological investigation or exploration permit has the right, in the course of operations, to take out and use for the operations the body of rock, sediments, liquid or gas within the boundaries of the geological exploration area in the quantity necessary to determine their characteristics, enrichment properties and usability.

§ 19. Geological investigation

(1) Geological investigation is conducted in accordance with the requirements and rules for geological investigations.

(2) The operations carried out in the course of geological investigation, based on their purpose, include:

1) geological mapping;

3) geophysical survey;

4) geochemical survey;

5) other geological operations for specific purposes, except geotechnical site investigations and geodetic surveys.

(3) The requirements and rules for geological investigations are established by a regulation of the minister in charge of the policy sector.

(4) The regulation specified in subsection 3 of this section establishes:

1) the requirements for geological mapping;

3) the requirements for the contents, submission and review of geological investigation reports.

§ 20. Geological exploration

(1) Geological exploration is carried out in accordance with the requirements and rules for geological explorations.

(2) In the course of geological explorations:

1) the occurrence, bedding conditions, composition and technological characteristics of natural bodies, including mineral resources, are established and the possible areas of use of the explored natural bodies, including mineral resources, are determined;

2) the hydrological and hydrogeological conditions of the geological exploration area and its surroundings and the possible changes thereto in the course of mining are assessed and the extent of the area impacted by mining is determined;

3) measures are planned to prevent potential environmental threats arising in the earth’s crust upon extraction and to reduce environmental risks to the greatest extent possible;

4) a proposal is made to assign a category of mineral reserves;

5) all mineral resources and natural deposits in the geological exploration area whose preservation in a usable state is not technically possible in the course of the subsequent extraction of the explored mineral resources or rock, sediment, liquid or gas deposits are explored to the accuracy which complies with the requirements established for prospecting.

(3) The requirements and rules for geological explorations of mineral resources are established by a regulation of the minister in charge of the policy sector.

(4) The regulation specified in subsection 3 of this section establishes:

1) the areas of use of mineral resources and the requirements for determining these;

2) the requirements for preparation and conduct of geological explorations, including topographic work and calculation of the amount of mineral resources;

3) the requirements for preparation of mineral deposits for use;

4) special requirements for geological exploration of each mineral resource;

5) the requirements for the contents, submission and review of geological exploration reports.

§ 21. Records of mineral resources

(1) Records of mineral resources are kept in the register of mineral resources. The register of mineral resources is a database belonging to the state information system, the purpose of which is to collect and ensure the availability of geological information obtained by geological explorations, reports on the volume of extraction of mineral resources and, with the consent of the Environmental Board, mine survey measurements.

(1¹) The register of mineral resources is founded and its statutes are established by a regulation of the minister in charge of the policy sector.

(2) The making of entries in the register of mineral resources about lacustrine lime, lake mud, sea mud, gravel, sand, limestone, dolostone, clay and peat is decided by the state authority tasked with ensuring geological competence of the state.

(3) The making of entries in the register of mineral resources concerning rock, sediments, liquid or gas not specified in subsection 2 of this section is decided by the state authority tasked with ensuring geological competence of the state, after asking for an opinion of the Mineral Resources Commission.

(4) The consent of the owner of an immovable is required for making an entry concerning private or municipal land in the register of mineral resources on the basis of geological information obtained on the basis of office studies without an exploration permit if a mineral deposit is created on the immovable as a result of the entry.

(5) The office studies specified in subsection 4 of this section must be based on geological exploration.

§ 22. Requirements for registration of mineral resources

(1) Mineral resources are registered if the mineral resources comply with the requirements specified in, or established on the basis of, this section or, to the extent determined on the basis of subsection 4 of this section, with the requirements of the applicant for or holder of an exploration permit, and the geological exploration report on which the application for registration of the mineral resources is based complies with the requirements provided in, or established on the basis of, this Act.

(2) Mineral resources are registered together with the interbeds, unless this is not justified.

(3) The requirements for the characteristics of phosphorite, metal raw material, oil shale, building stone of crystalline basement, lacustrine lime, lake mud, sea mud, gravel, sand, limestone, dolostone, clay and peat required for their registration as mineral resources are established by a regulation of the minister in charge of the policy sector.

(4) The minister in charge of the policy sector establishes by the regulation specified in subsection 3 of this section the extent to which the applicant for or holder of an exploration permit may set the requirements which differ from the requirements established by the regulation.

(5) The requirements for the characteristics of natural rock, sediments, liquid or gas not specified in subsection 3 of this section required for their registration as mineral resources are established by the minister in charge of the policy sector upon receiving an application in compliance with subsection 4 of § 27 of this Act, involving an expert where necessary. The proceeding for the grant of a permit is suspended for the time of setting the requirements.

§ 23. Categories of mineral reserves

(1) The quantity of the registered mineral resources (hereinafter mineral reserves) is divided, based on the detail of exploration, into proved reserves and probable reserves. Reconnaissance resources may be designated in an area bordering a mineral deposit.

(2) Proved reserves are mineral reserves for which the detail of geological exploration provides the information necessary for the extraction and use of the mineral reserves.

(3) Probable reserves are mineral reserves for which the detail of geological exploration provides the information necessary for assessing the potential of the mineral reserves and directing further geological explorations.

(4) Reconnaissance resources are identified in an area bordering a mineral deposit, outside the contour of proved and probable reserves, or in a region where, on the basis of the occurrence of mineral resources, the existence of a new mineral deposit may be presumed. Reconnaissance resources allow the assessment of a possibility to increase mineral reserves in a mineral deposit or discover a new mineral deposit and serve as a basis for directing prospecting or geological explorations. Reconnaissance resources are not registered.

(5) Proved reserves and probable reserves are divided into economic and potentially economic reserves on the basis of the ability to use them.

(6) Mineral reserves are deemed to be potentially economic where the extraction and use of the reserves is prohibited under legislation or they cannot be extracted or used due to environmental considerations. In other cases, mineral reserves are economic.

(7) The dividing of proved reserves and probable reserves into economic and potentially economic reserves is decided by the person deciding on making the entry in the register of mineral resources on the basis of the results of geological exploration and other information available at the time of making the entry in the register of mineral resources.

(8) Where the circumstances serving as a basis for designating mineral reserves have changed or the mineral reserves that have been designated as potentially economic are requested to be reassessed as economic, the applicant for an extraction permit, the holder of an extraction permit or a person interested in submitting an application submits an application to the person deciding on making entries in the register of mineral resources for changing the information in the register, indicating the information about where and what is to be reassessed and the reason for the reassessment. Where a partial reassessment of a block of potentially economic mineral reserves is requested, a geological exploration report is submitted together with the application.

(9) The application specified in subsection 8 of this section must be submitted prior to the submission of an application for the grant or amendment of an extraction permit or as a separate written application if an application for an extraction permit has not been submitted yet. In justified cases, the application may be submitted following the submission of an application for the grant or amendment of an extraction permit.

(10) Where the information provided in the application specified in subsection 8 of this section is not sufficient for making a decision on the entry in the register of mineral resources, the person making the decision on the entry in the register has the right to request additional information, including, where necessary, an expert opinion. The proceeding on the application for an entry in the register is suspended for the time of obtaining new information.

§ 24. Declaring of probable reserves to be mineable and usable

(1) On the basis of an application of the applicant for an extraction permit, the holder of an extraction permit or a person interested in submitting an application, the minister in charge of the policy sector or the state authority tasked with ensuring geological competence of the state may declare economic probable reserves to be mineable and usable mineral reserves without demanding an additional geological exploration if all of the following conditions are met:

1) the mineral deposit in which the probable reserves are located has a simple and uniform structure;

2) the probable reserves border directly on the proved reserves of the same mineral resource or are located on the base or in the lap seam of the proved reserves;

3) the appropriateness of declaring the probable reserves to be mineable and usable is proven by mining in the same mineral deposit;

4) the probable reserves are located at the verge of a mineral deposit and the purpose of declaring it mineable and usable is the sustainable use of mineral resources.

(2) The proceeding for the grant or amendment of an extraction permit is suspended for the time of the proceeding for declaring probable reserves as mineable and usable mineral reserves until the data in the register of mineral resources are amended.

§ 25. Preservation of geological data

(1) Geological investigation reports and geological exploration reports are submitted to the state authority tasked with ensuring geological competence of the state at the earliest opportunity after the completion of the report, but no later than 30 days after the expiry of the permit.

(3) Where a geological investigation, geological exploration, geological investigation report or geological exploration report does not comply with the requirements provided in, or established on the basis of, this Act, the state authority tasked with ensuring geological competence of the state has the right to demand amendment of the report or supplementing of the data serving as a basis for preparing the report. Such demand must be made within 30 days after the receipt of the report.

(4) Any rock material, drilling cores, samples and other geological information obtained upon conducting geological exploration (hereinafter collected material) must be preserved for at least 30 days after the making of the decision on the proposal provided in the geological exploration report. In the case of geological investigation or where no changes are required to be made in the register of mineral resources on the basis of the proposal made in the geological exploration report, the collected material must be preserved for at least 30 days after the submission of the geological investigation report or geological exploration report to the state authority tasked with ensuring geological competence of the state.

(5) The state authority tasked with ensuring geological competence of the state decides, within the time limit provided in subsection 4 of this section, whether the collected material must be preserved. At the request of this state authority, the holder of the permit delivers the collected material to the state authority for its preservation to the extent and at the place determined by the state authority.

(6) The holder of the permit delivers the collected material together with packaging and labels.

§ 25¹. Estonian Geological Archive

(1) The Estonian Geological Archive is a database belonging to the state information system, where the following information is stored for the purposes of collecting, preserving and making available geological information:

1) geological exploration reports and geological investigation reports;

2) the data of survey points of geological investigations;

3) the data of geological material owned by the state;

4) the data of geological maps;

5) geochemical data;

6) geophysical data;

7) other data and reports collected and received by the state authority organising the preservation of geological information.

(2) The Estonian Geological Archive is founded and its statutes are established by a regulation of the minister in charge of the policy sector.

§ 26. Issuer of permits for geological investigation and exploration permits

Permits for geological investigation and exploration permits are issued by the Environmental Board.

§ 27. Applying for permit for geological investigation and exploration permit

(1) In order to obtain a permit for geological investigation or exploration permit, an application is submitted to the issuer of permits.

(2) The issuer of permits immediately sends an application for a permit for geological investigation or exploration permit for an opinion to the state authority tasked with ensuring geological competence of the state, who submits its opinion in writing within ten days after the receipt of the application.

(3) The issuer of permits sends an application for an exploration permit to the authority mandated by the administrator of state assets of the location of the geological exploration area and its service plot or, in the absence thereof, to the administrator of state assets, who grants or refuses to grant a consent to the use of the immovable in state ownership within 30 days after the receipt of the application. The provisions of this subsection do not apply to land specified in subsection 2 of § 31 of the Land Reform Act.

(3¹) The issuer of permits immediately notifies the authority mandated by the administrator of state assets of the location of the geological exploration area and its service plot or, in the absence thereof, the administrator of state assets and the person with the right to use the immovable registered in the state real property register of the application for a permit for geological investigation.

(4) The issuer of permits immediately sends an application for an exploration permit concerning rock, sediment, liquid or gas not specified in subsection 2 of § 21 of this Act for an opinion to the minister in charge of the policy sector, who submits an opinion in writing within 30 days after the receipt of the application.

(5) Where the geological exploration area or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone, the issuer of permits sends the application for a permit for geological investigation or exploration permit for an opinion to the Centre for Defence Investments, who submits its opinion in writing within 30 days after the receipt of the application.

(6) Where the geological exploration area or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, the issuer of permits sends the application for a permit for geological investigation or exploration permit for an opinion to the National Heritage Board, who submits its opinion in writing within 30 days after the receipt of the application.

(7) The issuer of permits sends an application for an exploration permit for an opinion to the local authority of the location of the geological exploration area applied for, who submits its opinion in writing within two months after the receipt of the application.

(10) Where the geological exploration area or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone, the issuer of permits sends the draft administrative act to be issued in respect of the application for an exploration permit for approval to the Centre for Defence Investments, who approves or refuses to approve the draft administrative act within 30 days after the receipt of the draft administrative act to be issued in respect of the application.

(11) Where the geological exploration area or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, the issuer of permits sends the draft administrative act to be issued in respect of the application for an exploration permit for approval to the National Heritage Board, who approves or refuses to approve the draft administrative act within 30 days after the receipt of the draft administrative act to be issued in respect of the application.

§ 28. Application for permit for geological investigation and exploration permit

(1) An application for a permit for geological investigation or exploration permit consists of information provided in the application, a letter of explanation and a graphical annex.

(2) The following information is indicated in an application for a permit for geological investigation or exploration permit:

1) the business name, registry code and address or the name, personal identification code and address of the applicant for a permit and the person carrying out the geological investigation or geological exploration;

2) information concerning the geological exploration area and its service plot and, in the case of prospecting or exploration, concerning the estimated quantity of the mineral resources;

3) where the geological exploration area is located on a mineral deposit, information concerning the mineral deposit and mineral resources;

4) information concerning the nature and volume of the geological investigation or geological exploration.

(3) A letter of explanation accompanying the application for a permit for geological investigation or exploration permit must include:

1) the primary purpose of the geological investigation or geological exploration;

2) information concerning the nature and volume of the geological investigation or geological exploration;

3) a description of the geological investigation or geological exploration;

4) a brief overview of the extent of exploration of the geological exploration area in the past;

5) in the case of geological exploration, information concerning the mineral resource to be explored;

6) information concerning the exploration methods used;

7) information concerning environmental nuisances that may be caused by the geological investigation or geological exploration and measures for reduction thereof;

8) an analysis of the socio-economic impacts of geological exploration of oil shale, phosphorite or metal raw material;

9) time schedule of operations;

11) information concerning extractive waste generated during geological exploration.

(4) The following information is indicted in the graphical annex accompanying an application for a permit for geological investigation or exploration permit:

1) the boundary of the geological exploration area and its service plot;

2) the contours of the existing mineral deposit and of the blocks of mineral resources explored in the past;

3) the boundaries of the current areas of investigation or exploration, mining claims and cadastral units.

(5) Where extractive waste is generated during geological exploration and the place of storing the waste is not an extractive waste facility within the meaning of § 35² of the Waste Act, an extractive waste management plan must be appended to the application for an exploration permit. The waste management plan is prepared, submitted and approved on the basis of the requirements provided in § 42¹ of the Waste Act.

(5¹) Where, in the case of an immovable owned by a municipality or private person, the immovable is not owned by the applicant for an exploration permit, the application for an exploration permit must be accompanied by the consent of the owner of the immovable on which the geological exploration area and its service plot are located for geological exploration and registration of mineral resources on the immovable owned by the person.

(6) The procedure for submission of applications for permits for geological investigation and exploration permits, the composition of data in the applications and the specific requirements for applications for permits for geological investigation and exploration permits are established by a regulation of the minister in charge of the policy sector.

§ 29. Open proceedings

Exploration permits are issued in open proceedings, except in the case provided in this Act.

§ 30. Informing public about proceedings for issue of exploration permit in case of open proceedings

(1) Where an application for an exploration permit meets the requirements provided by legislation, the issuer of exploration permits, in the case of open proceedings, immediately publishes a notice on the submission of the application, indicating the following:

1) the name of the applicant;

2) information concerning the location of the planned activities;

3) a brief description of the planned activities;

4) the applied period of validity of the exploration permit;

5) a reference to the website, where the application for the permit is available;

6) the right of everyone to participate in open proceedings;

7) the time and place of displaying the draft administrative act to be issued in open proceedings and the application if environmental impact is not assessed for deciding on the grant of the permit and the draft administrative act has been preprepared by the time of publication of the notice or the time of its preparation is known;

8) the time limit for submission and the addressee of proposals, objections and questions if the notice publishes information concerning the time and place of the public display;

9) relevant information if at the time of publication of the notice it is known that the application for an exploration permit and the draft administrative act to be issued in respect of the application will not be displayed for public examination.

(2) The notice specified in subsection 1 of this section is published in the official publication Ametlikud Teadaanded. Where necessary, a notice may also be published in a local, county or national newspaper, including a reference to the notice published in the official publication Ametlikud Teadaanded.

(3) The issuer of exploration permits immediately publishes a notice on the receipt of an application on its website, including a reference to the notice published in the official publication Ametlikud Teadaanded. The notice must be available on the website until a decision is made on the application.

(4) The rural municipality or city government publishes an easily accessible notice on the receipt of an application for an exploration permit on the website of the rural municipality or city government within seven days after the receipt of the application for an exploration permit, including a reference to the notice published in the official publication Ametlikud Teadaanded. The notice must be available on the website until a decision is made on the application.

(5) Where the notice specified in subsection 1 of this section does not include the time and place of displaying the draft administrative act to be issued in respect of the application for an exploration permit and the application, the time limit for submission and the addressee of proposals, objections and questions and the information that the application and the draft administrative act to be issued in respect of the application are not displayed for public examination, a notice with this information is published in accordance with the rules provided in subsections 2–4 of this section immediately after the preparation of the draft administrative act.

§ 31. Discussion of matter in public session and taking results of open proceeding into account

(1) The grant of an exploration permit may be decided without a discussion in a public session, unless the activities permitted by the exploration permit may result in significant regional or national environmental nuisances.

(2) Where an application for an exploration permit or the draft administrative act to be issued in respect of the application is substantially amended after the public display, the issuer of exploration permits may organise a repeat public display, taking into account the expected impact of the amendments on the interests of the persons concerned and the applicant.

§ 32. Time limit for deciding on grant of permit for geological investigation or exploration permit

(1) The grant of a permit for geological investigation is decided within 30 days after the receipt of a due application, unless otherwise provided by law.

(1¹) The grant of an exploration permit is decided within 120 days after the receipt of a due application, unless otherwise provided by law.

(2) The issuer of permits may extend the time limits provided in subsections 1 and 1¹ of this section where circumstances become evident which do not allow deciding on the grant of a permit within this time limit.

§ 33. Right to obtain exploration permit

(3) No exploration permit is granted to other persons for the same part of the earth’s crust.

(3¹) No exploration permit is granted for a part of the earth’s crust for which another person has already submitted an application for an extraction permit or for which an extraction permit has already been issued to another person.

(6) In the cases provided in subsections 3 and 3¹ of this section, the issuer of permits returns the application for an exploration permit submitted by another person in respect of the same or partially overlapping part of the earth’s crust without reviewing the application, unless the part of the earth’s crust indicated in the application overlaps a mine. The issuer of permits returns the application for an exploration permit for a part of the earth’s crust which overlaps a mine without reviewing it if the holder of the extraction permit does not agree to the geological exploration for mining reasons.

(7) Where another application for an exploration permit is submitted for the same part of the earth’s crust belonging to the state within 30 days after informing the public of the application for an exploration permit which was submitted first, and the submitted applications cannot be satisfied simultaneously, the person whose application the issuer of permits continues to process is determined by auctioning the right to obtain an exploration permit in accordance with § 34 of this Act.

(8) The state has the priority right to obtain an exploration permit for exploring phosphorite and metal raw material.

(9) The priority right specified in subsection 8 of this section does not apply if the state waives its priority right. The waiving of the priority right of state is decided by the minister in charge of the policy sector.

(10) In the case provided in subsection 8 of this section, the issuer of permits returns the applications for exploration permits submitted by other persons without reviewing them, unless the state waives its priority right.

§ 34. Auctioning of right to obtain exploration permit

(1) The purpose of auctioning the right to obtain an exploration permit is to determine the applicant whose application the issuer of permits continues to processes.

(2) An auction is organised by the issuer of exploration permits.

(3) The issuer of permits publishes a notice on organising an auction in the official publication Ametlikud Teadaanded. The notice must set out information concerning the object of the auction, the starting price, the time and place of the auction, the deposit amount, the contact details of the organiser of the auction and other information relevant for organising the auction.

(4) An auction is organised among the persons who have submitted the application specified in subsection 7 of § 33 of this Act.

(5) An auction is organised among due applications to which no bases for refusal to grant an exploration permit arising from this Act apply, in so far as it can be assessed at the time of organising the auction.

(6) Upon organising an auction, the processing of the application for an exploration permit is suspended until the winner of the auction is announced or the auction is declared to have failed.

(7) The issuer of permits may establish the requirement of a deposit for participation in an auction. The deposit must be equal to all participants in the auction and may not exceed 1,600 euros. After ascertaining the winner of the auction, the deposit is returned to other participants in the auction. The deposit is set off against the purchase price of the auction. No deposit is returned to persons who have contributed to the failure of the auction.

(8) An auction is declared unsuccessful where the winner of the auction is not ascertained in the course of the auction regardless of the reasons. The application of an applicant who has contributed to the failure of the auction is returned to the applicant within 14 days after the auction is declared to have failed.

(9) After the winner of an auction is announced, the issuer of permits continues to process the application of the winner of the auction. Other applications are returned to the applicants within 14 days after the announcement of the winner of the auction.

(10) Where an auction fails or the winner withdraws, a new auction is organised if necessary.

(11) The detailed requirements and rules for auctioning the right to obtain an exploration permit are established by a regulation of the minister in charge of the policy sector.

§ 35. Refusal to grant permit for geological investigation or exploration permit

(1) The grant of a permit for geological investigation or exploration permit is refused where at least one of the following grounds exists:

1) during the grant of an exploration permit, the administrator of state assets or an authority mandated thereby has not granted their consent;

2) the geological exploration area or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone and the planned activities may endanger the construction work that serves national defence purposes or the performance of the functions determined or planned for, or the operation capacity of, the construction work that serves national defence purposes;

3) the geological exploration area or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, and the planned activities may endanger the immovable monument or the heritage conservation area or the preservation thereof in their unique environment;

4) the activity involves an environmental threat which cannot be avoided, unless the interest in the grant of the permit for geological investigation or exploration permit is an overriding one, the activity lacks a reasonable alternative and measures for reducing the threat have been taken;

5) the applicant wishes to carry out geological investigation or geological exploration in an area where it is prohibited;

8) it becomes evident that the applicant for a permit has knowingly submitted false information in the application or falsified documents;

9) the grant of the permit is contrary to the national interest;

10) the local authority does not consent to the grant of the exploration permit;

11) the operations on the basis of the applied permit for geological investigation or exploration permit may have a significant adverse impact on a protected natural object and such adverse impact cannot be avoided otherwise than by refusing to issue a permit.

(2) The grant of a permit for geological investigation or exploration permit may be refused where at least one of the following reasons exists:

1) more than one penalty has been imposed on the applicant for a criminal offence or misdemeanour in the field of geological investigation, exploration or handling of extractive waste and the corresponding information has not been expunged from the criminal records database;

2) the operations to be carried out on the basis of the applied permit for geological investigation or exploration permit may have a significant adverse impact on a natural object concerning which proceedings for placing it under protection have been initiated in accordance with subsection 1 of § 9 of the Nature Conservation Act and such adverse impact cannot be avoided otherwise than by refusing to issue a permit;

3) the operations to be carried out on the basis of the applied permit for geological investigation or exploration permit may have a significant adverse impact on an object of cultural value which has been placed under temporary protection on the basis of the Heritage Conservation Act and such adverse impact cannot be avoided otherwise than by refusing to issue a permit.

(3) If the local authority does not consent to the grant of an exploration permit, the issuer of permits may, on the proposal of the applicant, apply for a consent of the Government of the Republic to the grant of a permit. The Government of the Republic grants a consent for the issue of a permit if there is an overriding national interest therein.

(3¹) Where a consent of the Government of the Republic specified in subsection 3 of this section is applied for, the processing of the application for an exploration permit is suspended from the proposal of the applicant for a permit to apply to the Government of the Republic for a consent to the issue of a permit until the Government of the Republic makes a decision on the grant of its consent.

(4) The issuer of permits may refuse to apply for a consent of the Government of the Republic provided in subsection 3 of this section where, in the opinion of the minister in charge of the policy sector, there is clearly no national interest in the issue of the permit.

§ 36. Permit for geological investigation and exploration permit

(1) The following information is specified on a permit for geological investigation or exploration permit:

1) the business name and registry code, or the name and personal identification code, and address of the holder of the permit and the person carrying out the geological investigation or geological exploration;

2) the period of validity of the permit;

3) information concerning the geological exploration area required for the geological investigation or geological exploration and the area and location of its service plot;

4) the nature and extent of the geological investigation or geological exploration, such as the number and depth of exploration boreholes and test pits, geophysical prospecting methods by name and extent, hydrogeological operations, other operations for specific purposes;

5) measures for ensuring the protection of the earth’s crust and reduction of environmental nuisances.

(2) A graphical annex to an application for a permit is an integral part of the permit for geological investigation or exploration permit and it is amended during the process of issuing a permit where necessary. Where submission of an extractive waste management plan is required, the waste management plan prepared and approved in accordance with the requirements established by § 42¹ of the Waste Act is also an integral part of the exploration permit.

(3) The total territory of the geological exploration areas granted to one person for prospecting or exploring the same mineral resource by exploration permits may not be larger than 100 square kilometres.

(4) A permit for geological investigation and exploration permit are granted for up to five years.

(5) The composition of data and the procedure for the grant of permits for geological investigation and exploration permits are established by a regulation of the minister in charge of the policy sector.

§ 37. Announcement of grant and refusal to grant permit for geological investigation and exploration permit

(1) A permit for geological investigation and exploration permit or a decision on refusal to grant a permit are delivered to the participant in the proceeding in accordance with §§ 25–30 and 32 of the Administrative Procedure Act.

(2) In addition to the provisions of subsection 1 of this section, a notice on the grant of or refusal to grant an exploration permit is published in the official publication Ametlikud Teadaanded. Where necessary, a notice may also be published in a local, county or national newspaper, including a reference to the notice published in the official publication Ametlikud Teadaanded.

§ 38. Amendment of permit for geological investigation and exploration permit

(1) A permit for geological investigation or exploration permit is amended where at least one of the following reasons exists:

1) the information specified in clause 1 of subsection 1 of § 36 of this Act has changed;

2) the activity permitted by the permit involves an environmental threat or a significant environmental nuisance and the interest in not amending the permit is not an overriding one;

3) the issuer of permits would have had the right not to grant a permit due to circumstances which changed later or due to a change in the extent of the environmental risk or on the basis of a legal provision which has changed later, and the amendment of the permit is justified by the need for more extensive protection of the environment or another interest which outweighs the person’s trust in the continued validity of the permit;

4) due to amendment of the extractive waste management plan or submission of a new waste management plan, it is necessary to amend the requirements indicated on the exploration permit.

(2) The issuer of permits for geological investigation or exploration permits may amend a permit where at least one of the following reasons exists:

1) it becomes evident that the permit was unlawful at the time it was granted;

2) the legal provisions which served as the basis for the requirements set by the permit have changed;

3) the holder of the permit has submitted a reasoned application therefor.

(3) Amendment of an exploration permit is decided without open proceedings in the following cases:

1) the amendment of the exploration permit does not affect the extent of the environmental risk, the environmental impact is not assessed upon amendment of the permit and there is no other significant public interest in organising open proceedings;

2) faster conduct of the proceeding is necessary in order to avoid an environmental threat; or

3) in the case referred to in clause 1 of subsection 1 of this section.

§ 39. Revocation of permit for geological investigation or exploration permit

(1) The issuer of permits for geological investigation or exploration permits revokes a permit where at least one of the following reasons exists:

1) the holder of the permit applies for revocation of the permit;

2) the holder of the permit dies and the activity permitted by the permit is related to the holder of the permit in person or the passive legal capacity of the holder of the permit terminates without legal succession;

3) geological investigation or geological exploration is not commenced within one year after the beginning of the period of validity of the permit;

4) it becomes evident that the holder of the permit has knowingly submitted false information in the application or falsified documents;

5) a required amendment of the extractive waste management plan has not been submitted or the submitted waste management plan does not comply with the requirements and the deficiencies are not eliminated during the time limit set for the purpose;

6) the handling of extractive waste does not comply with the extractive waste management plan;

7) the holder of the permit must also hold a waste permit in accordance with clause 8 of subsection 2 of § 73 of the Waste Act or an integrated environmental permit for operating an extractive waste facility, but there is no such permit.

(2) The issuer of permits for geological investigation or exploration permits may revoke a permit:

1) on the bases provided in clauses 2 and 3 of subsection 1 and clauses 1 and 2 of subsection 2 of § 38 of this Act where the public interest or the interest of a third party cannot be effectively protected by amendment of the permit;

2) if the holder of a permit does not comply with the requirements established by the permit or legislation and revocation of the permit is in significant public interest; or

3) more than one penalty has been imposed on the holder of a permit for a criminal offence or misdemeanour in the field of geological investigation, exploration or handling of extractive waste and the corresponding information has not been expunged from the criminal records database.

(3) Upon application of clause 3 of subsection 2 of this section, violations related to each permit are taken into account separately.

(4) The issuer of permits notifies the local authority of the location of the geological exploration area, the state authority tasked with ensuring geological competence of the state and the Ministry of Climate of revocation of a permit.

§ 40. Requirements for applications for amendment or revocation of permits for geological investigation and exploration permits

The requirements established in Subchapter 2 of Chapter 3 of this Act for applications for permits for geological investigation and exploration permits apply to the submission and processing of applications for amendment or revocation of permits for geological investigation and exploration permits to the relevant extent unless otherwise provided in, or established on the basis of, this Act.

§ 41. Re-registration of permit for geological investigation or exploration permit

(1) The issuer of a permit for geological investigation or exploration permit may, at the joint request of the holder of a permit for geological investigation or exploration permit and the person wishing to acquire the permit for geological investigation or exploration permit, re-register the permit to the other person. The permit is assigned together with the geological data obtained in the course of geological investigation or geological exploration.

(2) Documents certifying the right to use the geological exploration area and its service plot are appended to the application specified in subsection 1 of this section.

(3) A permit for geological investigation or exploration permit is not re-registered where requirements have been established for the holder of the permit by this Act and the applicant for the permit does not meet the requirements.

(4) Upon re-registration of a permit, all the rights and obligations related to the permit transfer to the new holder of the permit.

(5) The rights and obligations of the previous holder of the permit for geological investigation or exploration permit are deemed to have terminated as of re-registration of the permit.

(6) The right to carry out geological investigation or geological exploration arises on the working day following the re-registration of the permit, unless a later date arises from the application, or after the acquisition of the right to use land where it is acquired after the re-registration of the permit.

(7) ‘Re-registration of a permit for geological investigation or exploration permit’ means amendment of the data of the holder of the permit and, where necessary, of the data of the person carrying out the exploration. Re-registration proceedings are not conducted as open proceedings.

(8) Upon re-registration of a permit for geological investigation or exploration permit, the graphical annexes appended to the permit and, in the case of an exploration permit, also the extractive waste management plan are deemed to be binding on the new holder of the permit.

§ 42. Mining right

(1) Mining operations are subject to an extraction permit, unless otherwise provided by this Act.

(2) Unless otherwise provided by this Act, only mineral resources which have been registered as economic proved reserves or declared as mineable and usable as economic probable reserves may be extracted.

(3) The holder of an extraction permit has the right, on the basis of the permit, to:

1) prepare the mining claim for the removal of mineral resources from the natural state;

2) remove rock or sediments in the mining claim service plot outside the boundaries of the mining claim only for compliance with the conditions for reclamation to the extent determined in the reclamation project, for compliance with the soil protection requirements and for the construction of ditches, sedimentation pools, roads and other utility works necessary for mining operations to the extent determined in the mining project documentation;

2¹) construct, in the case of underground mining, on the base or in the lap seam of a mining claim such utility works for ensuring water removal, ventilation, electric power supply and mining safety which, in the area not overlapping the service plot, do not reach the Quaternary sediments in the lap seam;

3) remove mineral resources and rock and sediments not registered as mineral resources from the natural state within the boundaries of the mining claim;

4) store extracted mineral matter in the mining claim and on its service plot, taking into account the relevant requirements provided in, and established on the basis of, the Waste Act;

5) organise transport of the extracted mineral matter within the boundaries of the mining claim and its service plot;

6) prepare the extracted mineral matter for further processing or use;

7) carry out additional geological exploration within the boundaries of the mining claim without an exploration permit.

§ 43. General requirements for mining

(1) During mining, necessary measures must be taken to prevent an environmental threat and appropriate measures must be taken to reduce environmental risks.

(2) The holder of an extraction permit is required to take measures to predict and prevent environmental damage, to eliminate or mitigate the environmental damage caused and to monitor the occurrence of possible environmental nuisances after extraction.

§ 44. Soil protection requirements

(1) Mining may not cause soil degradation.

(2) The soil within the boundaries of the construction works located in a mining claim and its service plot and related to mining and the soil in the overburden must be removed.

(3) Upon extraction of mineral resources, the soil removed from within the boundaries of the mining claim and its service plot may, by the holder of an extraction permit:

1) be temporarily stored within the mining claim service plot;

2) be used for the reclamation of the land where extraction has been carried out on the basis of the permit issued thereto;

3) be transferred or used outside the mining claim service plot.

§ 45. Extraction of peat

(1) An extraction permit for the extraction of peat may be applied for only in an area or mineral deposit entered in the list of peat areas disturbed by extraction and abandoned or the list of peat areas suitable for extraction.

(2) The issuer of permits returns applications for peat extraction permits submitted for an area or mineral deposit not entered in the list of peat areas specified in subsection 1 of this section without reviewing the applications.

(3) A peat deposit or a part thereof or another peat area is entered in the list of peat areas suitable for extraction where it has been affected by human activity and it is not presumed to have significant nature conservation value.

(4) Extraction permits are issued for peat deposits entered in the list of peat areas suitable for extraction within the limits of the annual rate of extraction of peat.

(5) Upon grant of a peat extraction permit, a mining claim is granted up to the base.

(6) The list of peat areas disturbed by extraction and abandoned is established by a regulation of the minister in charge of the policy sector.

(7) The list of peat areas suitable for extraction is established by a regulation of the minister in charge of the policy sector.

§ 46. Annual rate of extraction of oil shale and peat

(1) ‘Annual rate of extraction of oil shale or peat’ means the maximum total quantity of oil shale or peat permitted to be extracted in a calendar year. The annual rate of extraction of peat is established by county.

(2) The annual rate of extraction of peat is established by a regulation of the Government of the Republic.

(3) The annual rate of extraction of oil shale is 20 million tonnes.

(4) The annual rate of extraction of oil shale is permitted to be exceeded to the extent and in accordance with the rules provided in § 63 of this Act.

§ 47. Oil shale sectoral development plan

(1) An oil shale sectoral development plan is prepared for the purpose of strategic development of the oil shale sector.

(2) The preparation of the development plan specified in subsection 1 of this section is organised by the Ministry of Climate.

(3) The oil shale sectoral development plan is approved by the Riigikogu.

(4) Based on a report on the implementation of the oil shale sectoral development plan and the achievement of the objectives set, the Government of the Republic may make a proposal to the Riigikogu to amend the development plan.

§ 48. Issuer of extraction permit

Extraction permits are issued by the Environmental Board.

§ 49. Applying for extraction permit

(1) In order to obtain an extraction permit, an applicant submits an application to the issuer of extraction permits.

(2) The issuer of extraction permits immediately sends the application for an extraction permit for an opinion to the state authority tasked with ensuring geological competence of the state, who submits its opinion in writing within ten days after the receipt of the application.

(3) The issuer of extraction permits immediately sends the application for an extraction permit concerning rock, sediment, liquid or gas not specified in subsection 2 of § 21 of this Act for an opinion to the minister in charge of the policy sector, who submits an opinion in writing within 30 days after the receipt of the application.

(4) Where the mining claim or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone, the issuer of extraction permits sends the application for an extraction permit for an opinion to the Centre for Defence Investments, who submits its opinion in writing within 30 days after the receipt of the application.

(5) Where the mining claim or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, the issuer of extraction permits sends the application for an extraction permit for an opinion to the National Heritage Board, who submits its opinion in writing within 30 days after the receipt of the application.

(6) The issuer of extraction permits sends the application for an extraction permit for an opinion to the local authority of the location of the planned place of extraction, who submits its opinion in writing within two months after the receipt of the application.

(7) The issuer of extraction permits sends the application for an extraction permit concerning rock, sediment, liquid or gas not specified in subsection 2 of § 21 of this Act and the draft administrative act to be issued in respect of the application for an opinion to the Mineral Resources Commission, who submits its opinion in writing within two months after the receipt of the application and the draft administrative act to be issued in respect of the application.

(9) If the mining claim or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone, the issuer of extraction permits sends the draft administrative act to be issued in respect of the application for an extraction permit for approval to the Centre for Defence Investments, who approves or refuses to approve the draft administrative act within 30 days after the receipt of the draft administrative act to be issued in respect of the application.

(10) Where the mining claim or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, the issuer of extraction permits sends the draft administrative act to be issued in respect of the application for an extraction permit for approval to the National Heritage Board, who approves or refuses to approve the draft administrative act within 30 days after the receipt of the draft administrative act to be issued in respect of the application.

§ 50. Application for extraction permit

(1) An application for an extraction permit consists of information provided in the application, a letter of explanation and a graphical annex.

(2) In addition to the information specified in clause 4 of subsection 1 of § 42 of the General Part of the Environmental Code Act, the following information is indicated in the application for an extraction permit:

1) the name, personal identification code or registry code, address and contact details of the applicant;

2) information concerning the mineral deposit and the mining claim and its service plot;

3) information concerning the mineral resources, including the quantity of mineable mineral resources;

4) information concerning the average and maximum annual rates of extraction and the duration of extraction;

5) information concerning the area of use of the mineral resources.

(3) In addition to the information specified in clauses 3 and 5–15 of subsection 1 of § 42 of the General Part of the Environmental Code Act, the letter of explanation accompanying the application for an extraction permit must include the following information:

1) the technologies planned to be used and the potential extent of the environmental impact of the planned extraction;

2) the measures to be applied to prevent and reduce the possible changes in the earth’s crust and environmental nuisances;

3) the socio-economic impacts of the extraction of oil shale, phosphorite or metal raw material and the analysis serving as a basis thereof;

4) the purpose of subsequent use of the mined-out land and its technical and biological reclamation, formation of water regime of the land to be reclaimed and the expected cost of the reclamation works;

5) the extractive waste generated during extraction;

6) the contents of studies on the impact of planned extraction on the achievement of the environmental objectives specified in subsection 1 of § 31 and §§ 32, 34 and 36 of the Water Act and a list of such studies;

7) compliance with the conditions provided in clauses 1, 3 and 4 of subsection 1 of § 42 of the Water Act.

(4) The graphical annex to an application for an extraction permit consists of the location plan and geological cross-sections of the mining claim applied for and the plan of the reclaimed land.

(5) A geological exploration report, where it exists, containing a proposal on the basis of which a decision has been made to register the mineral resources for the extraction of which the permit is being applied for, is appended to the application for an extraction permit electronically.

(6) Where extractive waste is generated during extraction and such waste is stored on the mining claim service plot which is not an extractive waste facility within the meaning of § 35² of the Waste Act, an extractive waste management plan must be appended to the application. Preparation, submission and approval of the waste management plan is based on the requirements provided by § 42¹ of the Waste Act.

(7) Where an extraction permit is being applied for within the boundaries of a geological exploration area determined by a valid exploration permit or within one year after the expiry of the permit and the applicant is not the holder of such permit, the applicant for an extraction permit must submit the consent of the holder of such exploration permit.

(8) In the case of mineral resources in the ownership of a person in private law, if the mineral resources do not belong to the applicant for an extraction permit, the consent of the owner of the immovable of the location of the mining claim and its service plot for the use of the immovable in the ownership thereof is submitted to the issuer of extraction permits during the processing of the application for an extraction permit.

(10) Where a mining claim or its service plot is closer than 100 metres to a residential building, the consent of the owner of such registered immovable, including the owner of the right of superficies, the apartment ownership or the right of superficies in apartments or the owner of the residential building on the land specified in subsection 2 of § 31 of the Land Reform Act, must be appended to the application. In the case of a residential building constructed on the basis of the right of superficies, the consents of both the owner of the right of superficies or the right of superficies in apartments and the owner of the registered immovable on which the residential building is located must be submitted.

(11) The provisions of subsection 10 of this section do not apply:

1) in the case of underground mining, to the area of the mining claim;

2) to an application for amendment of an extraction permit that is not processed in open proceedings.

§ 52. Time limit for deciding on grant of extraction permit

(1) Subsections 1, 3 and 4 of § 49 of the General Part of the Environmental Code Act do not apply to the grant of extraction permits.

(2) The grant of an extraction permit is decided within one year after the receipt of a due application, unless otherwise provided by law.

(3) The issuer of extraction permits may extend the time limits provided in subsection 2 of this section and in subsection 2 of § 49 of the General Part of the Environmental Code Act where circumstances become evident which do not allow deciding on the grant of a permit within these time limits.

§ 53. Right to obtain extraction permit

(1) The holder of a permit for exploring mineral resources in a given area has the priority right to obtain a permit for the extraction of the given mineral resources belonging to the state during the period of validity of the exploration permit and until one year after the expiry of the specified permit.

(2) The issuer of extraction permits processes an application of the person specified in subsection 1 of this section in the priority order before the applications of other persons if the application is submitted at the time when the priority right specified in subsection 1 of this section is valid.

(3) In the case not specified in subsection 1 of this section, a person who submits an application for the extension of a mining claim in conformity with the requirements for the extension of mining claims specified in § 68 of this Act has the priority right to obtain a permit for the extraction of mineral resources belonging to the state.

(3¹) An extraction permit is not issued for a part of the earth’s crust for the exploration of which an application for an exploration permit has already been submitted by another person or for the exploration of which an exploration permit has already been issued to another person.

(4) An extraction permit is not issued to another person for a part of a mineral deposit for which an extraction permit has been issued.

(5) The person whose application for an extraction permit the issuer of extraction permits continues to process is determined by auctioning the right to obtain an extraction permit in accordance with § 54 of this Act where:

1) in the case provided in subsection 3 of this section, another application for the extension of a mining claim in conformity with the requirements for the extension of mining claims specified in § 68 of this Act is submitted for the same or partially overlapping part of a mineral deposit within 60 days after informing the public of the application for the extension of a mining claim which was submitted first, and the submitted applications cannot be satisfied simultaneously, except in the case provided in subsection 6 of § 68 of this Act;

2) in the case not specified in subsections 1 and 3 of this section, another application for an oil shale extraction permit is submitted for the same or partially overlapping part of a mineral deposit within 60 days after informing the public of the application for an oil shale extraction permit, and the submitted applications cannot be satisfied simultaneously;

3) in the case not specified in subsections 1 and 3 of this section and in clause 2 of this subsection, another application for a permit for extracting the same mineral resources is submitted for the same or partially overlapping part of a mineral deposit within 30 days after informing the public of the application for a permit for extracting mineral resources belonging to the state which was submitted first, and the submitted applications cannot be satisfied simultaneously.

(6) The issuer of extraction permits returns the following without review:

1) in the cases provided in subsections 1 and 4 of this section, applications of other persons submitted for the same or partially overlapping mining claim;

1¹) in the case provided in subsection 3¹ of this section, applications of other persons for an extraction permit for a mining claim which fully or partially overlaps with the geological exploration area;

2) in the case provided in subsection 3 of this section, applications of other persons submitted for the same or partially overlapping mining claim, except in the case provided in clause 1 of subsection 5 of this section;

3) an application for the extension of a mining claim which is submitted more than 60 days after informing the public of an application for an extraction permit already submitted for the same or partially overlapping part of the mineral deposit;

4) applications submitted after the expiry of the time limits specified in clauses 1 and 3 of subsection 5 of this section;

5) an application for an oil shale extraction permit which is submitted more than 60 days after informing the public of an application for an oil shale extraction permit already submitted for the same or partially overlapping part of the mineral deposit and the circumstance provided in clause 2 of subsection 5 of this section does not exist.

§ 54. Auctioning of right to obtain extraction permit

(1) The purpose of auctioning the right to obtain an extraction permit is to determine the applicant whose application the issuer of extraction permits continues to processes.

(2) An auction is organised by the issuer of extraction permits.

(3) The issuer of extraction permits publishes a notice on organising an auction in the official publication Ametlikud Teadaanded. The notice must set out information concerning the object of the auction, the starting price, the time and place of the auction, the deposit amount, the contact details of the organiser of the auction, other information relevant for organising the auction and, in the case provided in clause 2 of subsection 5 of § 53 of this Act, also the due date for submission of additional applications for extraction permits.

(4) In the cases provided in clauses 1 and 3 of subsection 5 of § 53 of this Act, an auction is organised among the persons who have submitted the applications specified in those subsections.

(5) In the case provided in clause 2 of subsection 5 of § 53 of this Act, an auction is organised among the persons who have submitted applications for extraction permits by the due date indicated in the notice specified in subsection 3 of this section. Applications submitted after the due date are returned by the issuer of extraction permits without reviewing them.

(6) An auction is organised among due applications to which no bases for refusal to grant an extraction permit arising from this Act apply, in so far as it can be assessed at the time of organising the auction.

(7) Upon organising an auction, the processing of the application for an extraction permit is suspended until the winner of the auction is announced or the auction is declared to have failed.

(8) Subsections 7–10 of § 34 of this Act apply to the organisation of an auction.

(9) The detailed requirements and rules for auctioning the right to obtain an extraction permit are established by a regulation of the minister in charge of the policy sector.

§ 55. Refusal to grant extraction permit

(1) The grant of an extraction permit is refused in the cases provided in clauses 1 and 3–10 of subsection 1 of § 52 of the General Part of the Environmental Code Act.

(2) The grant of an extraction permit is also refused where at least one of the following grounds exists:

1) the mining claim or its service plot is located on the land of a construction work that serves national defence purposes or within its protection zone and mining may endanger the construction work that serves national defence purposes or the performance of the functions determined or planned for, or the operation capacity of, the construction work that serves national defence purposes;

2) the mining claim or its service plot is located on an immovable monument or in a heritage conservation area or a protected zone thereof, and mining may endanger the immovable monument or the heritage conservation area or their preservation in their unique environment;

3) the sum of the maximum annual rates of extraction indicated on all peat extraction permits for the extraction of peat exceeds or would exceed in the case of issue of this permit the annual rate of extraction of peat established on the basis of § 46 of this Act and the issue of this permit would result in the increase of the sum of the maximum annual rates of extraction indicated on all peat extraction permits;

4) within 90 days after the submission of an application for an oil shale extraction permit, the applicant for the permit has not been assigned a proportion of the annual rate of extraction of oil shale on the basis of subsection 1 of § 61 of this Act;

5) the quantity of mineable mineral resources within the boundaries of a mining claim is larger than the quantity of mineral resources that can be extracted during the period of validity of the permit on the basis of the average annual rate of extraction or the maximum annual rate of extraction set out in the application, except in the case provided in subsection 3 of § 59 of this Act;

6) the operations to be carried out on the basis of the applied extraction permit would significantly restrict the exercise of the rights or obligations arising from an extraction permit issued earlier;

7) in the area affected by extraction, the usability of another mineral resource which is not subject to extraction on the basis the permit is not planned to be preserved;

8) the permit is applied for in such a way that a part of the mineral resources whose subsequent independent use would not be economically justified is excluded from the mining claim and the exclusion of such part of the mineral resources from the mining claim does not arise from law and is not necessary for the protection of property or the environment;

9) the mined-out land cannot be reclaimed to be usable at reasonable cost;

10) the extraction is contrary to the national interest;

11) the local authority does not consent to the grant of an extraction permit;

12) the operations to be carried out on the basis of the applied extraction permit may have a significant adverse impact on a protected natural object and such adverse impact cannot be avoided otherwise than by refusing to issue a permit.

13) the mining claim or its service plot is closer than 100 metres to a residential building, except with the consent of the person specified in subsection 10 of § 50 of this Act.

(2¹) Clause 13 of subsection 2 of this section does not apply:

1) in the case of underground mining, to the area of the mining claim;

2) to an application for amendment of an extraction permit that is not processed in open proceedings.

(3) The issue of an extraction permit may be refused where at least one of the following reasons exists:

1) more than one penalty has been imposed on the applicant for a criminal offence or misdemeanour in the field of extraction or handling of extractive waste and the corresponding information has not been expunged from the criminal records database;

2) the operations to be carried out on the basis of the applied extraction permit may have a significant adverse impact on a natural object concerning which proceedings for placing it under protection have been initiated in accordance with subsection 1 of § 9 of the Nature Conservation Act and such adverse impact cannot be avoided otherwise than by refusal to issue the permit;

3) the operations to be carried out on the basis of the applied extraction permit may have a significant adverse impact on an object of cultural value which has been placed under temporary protection on the basis of the Heritage Conservation Act and such adverse impact cannot be avoided otherwise than by refusal to issue the permit.

(4) Where the local authority does not consent to the grant of an extraction permit, the issuer of extraction permits may, on the proposal of the applicant, apply for a consent of the Government of the Republic to the issue of a permit. The Government of the Republic grants a consent for the issue of a permit if there is an overriding national interest therein.

(4¹) Where a consent of the Government of the Republic specified in subsection 4 of this section is applied for, the processing of the application for an extraction permit is suspended from the proposal of the applicant for a permit to apply to the Government of the Republic for a consent to the issue of a permit until the Government of the Republic makes a decision on the grant of its consent.

(5) The issuer of extraction permits may refuse to apply for a consent of the Government of the Republic provided in subsection 4 of this section where, in the opinion of the Ministry of Climate, there is clearly no national interest in the issue of the permit.

§ 56. Extraction permit

(1) In addition to the information provided in clauses 1, 2, 4 and 5 of subsection 1 of § 53 of the General Part of the Environmental Code Act, the following information is indicated on an extraction permit:

3) the location of the mining claim and the mineral resources, including the quantity of mineable mineral resources;

4) the area of the mining claim;

5) the area and location of the mining claim service plot necessary for the extraction of the mineral resources;

6) the area of use of the mineral resources;

7) the average annual rate of extraction or the maximum annual rate of extraction;

8) the intended use of the land to be reclaimed;

9) the measures to be taken to ensure the protection of the earth’s crust and the rational use of mineral resources and to reduce the environmental nuisance caused by mining to human health, property and the environment.

(2) In addition to the information specified in subsection 1 of this section, an extraction permit may set out:

1) safety measures to be applied when carrying out operations and measures for mitigating the consequences of accidents;

2) the health and environmental protection measures to be applied upon commencement and termination of operations;

3) environmental monitoring requirements;

4) the requirements for submission of information to the issuer of extraction permits;

5) other secondary conditions of the extraction permit.

(3) A graphical annex to an application for a permit is an integral part of the extraction permit and it is amended during the process of issuing a permit where necessary. Where submission of an extractive waste management plan is required, the waste management plan prepared and approved in accordance with the requirements established by § 42¹of the Waste Act is also an integral part of the extraction permit.

§ 57. Average annual rate of extraction

(1) ‘Average annual rate of extraction’ means the average quantity of mineral resources to be extracted per year, which ensures the exhaustion of the mineral resources of the mining claim during the period of validity of the permit.

(2) The average annual rate of extraction is calculated by the applicant for an extraction permit in the application for an extraction permit, taking into account the quantity of the mineral resources to be extracted, the technology to be used for extraction and the time needed for reclamation of the land.

(3) Where the issuer of extraction permits finds that an error has been made in the calculation of the average annual rate of extraction, it has the right to make a proposal to the applicant for a permit for the correction of the application for an extraction permit.

§ 58. Maximum annual rate of extraction

(1) ‘Maximum annual rate of extraction’ means the maximum quantity of mineral resources permitted to be extracted per year on the basis of a permit.

(2) The maximum annual rate of extraction is determined for the extraction of peat and oil shale. For other mineral resources, the maximum annual rate is determined where this is necessary for compliance with the environmental requirements.

(3) In justified cases, the maximum annual rate of extraction indicated on a peat extraction permit may be transferred in part or in full to another peat extraction permit of the same person.

(4) The holder of a peat extraction permit has the right to extract the quantity of mineral resources which failed to be extracted of the maximum annual rate during the following three years. Upon retroactive extraction of the mineral resources which failed to be extracted, the total quantity of mineral resources to be extracted during a year may not exceed the permitted maximum annual rate of extraction established for compliance with the environmental requirements where such rate has been determined by the extraction permit.

§ 59. Mineable mineral resources

(1) ‘Mineable mineral resources’ mean the registered mineral resources within the boundaries of a mining claim from which the mineral resources remaining in the pillars specified in the letter of explanation accompanying the application for an extraction permit and in the graphical annexes to the application and extraction permit have been deducted. The mineral resources deducted from the mineable mineral resources may not be extracted.

(2) The quantity of mineable mineral resources in a mining claim may not exceed the average annual rate of extraction or the maximum annual rate of extraction multiplied by the period of validity of the extraction permit in years.

(3) The requirement provided in subsection 2 of this section does not apply to peat and oil shale extraction permits.

(4) In the case of oil shale extraction, for the purpose of sustainable use of mineral resources, it is permitted to extract oil shale up to the base of the oil shale seam.

(5) In the case of peat extraction, for the purpose of sustainable use of mineral resources, it is permitted to extract peat up to the base of the peat seam, if this is permitted by the intended use of the land to be reclaimed as indicated on the extraction permit.

§ 60. Period of validity of extraction permit

(1) An extraction permit is issued for up to 30 years.

(2) A permit for the extraction of sand, gravel, lacustrine lime, lake mud or sea mud is issued for up to 15 years.

(3) If, upon processing an application for an extraction permit, it becomes evident that the mineral resources cannot be exhausted within a period provided in subsection 1 or 2 of this section and extraction of the remaining mineral resources on the basis of another extraction permit is economically unjustified, the issuer of extraction permits has the right to issue the permit for a period which is longer by up to five years.

§ 61. Use of annual rate of extraction of oil shale

(1) The proportion of the annual rate of extraction of oil shale available for use to a holder of an oil shale extraction permit is determined by a directive of the minister in charge of the policy sector or by the authority mandated by the minister in charge of the policy sector.

(2) In order to calculate the proportion of the annual rate of extraction of oil shale available for use to a holder of an oil shale extraction permit, the share of the sum of the maximum annual rates indicated on all oil shale extraction permits of each permit holder in the sum of the maximum annual rates indicated on all oil shale extraction permits of all permit holders is determined as a percentage. Then the proportion corresponding to the resulting percentage of the annual rate of extraction of oil shale is calculated numerically.

(3) Mining is permitted on the basis of an oil shale extraction permit if a proportion of the annual rate of extraction of oil shale has been allocated to the holder of a permit on the basis of subsection 1 of this section.

(4) A holder of an oil shale extraction permit may, on the basis of all the oil shale extraction permits issued thereto, extract during a year no more than the proportion of the annual rate of extraction of oil shale allocated thereto on the basis of subsection 1 of this section, except in the case provided in § 63 of this Act.

(5) The proportion of the annual rate of extraction of oil shale determined on the basis of subsection 1 of this section is not altered due to the amendment or expiry of an extraction permit or due to the issue of a new extraction permit.

(6) A person to whom a proportion of the annual rate of extraction of oil shale has been allocated on the basis of subsection 1 of this section may transfer it or a part of it to a person who holds an oil shale extraction permit or whose application for an oil shale extraction permit has been accepted. The transferor and the transferee submit the transfer contract to the minister in charge of the policy sector or the authority mandated under subsection 1 of this section.

(7) If a person to whom a portion of the annual rate of extraction of oil shale has been allocated on the basis of subsection 1 of this section waives it in part or in full, the proportion of the annual rate of extraction of oil shale which becomes available is sold by auction.

(8) If all oil shale extraction permits of a person have expired and the person has not submitted a new application for an oil shale extraction permit within three months after the expiry of the last permit, the proportion of the annual rate of extraction of oil shale allocated thereto on the basis of subsection 1 of this section is sold by auction.

(9) The minister in charge of the policy sector or the authority mandated under subsection 1 of this section changes the proportion of the annual rate of extraction of oil shale allocated on the basis of subsection 1 of this section and available for use to the holder of an oil shale extraction permit in the cases provided in subsections 6–8 of this section on the basis of a transfer contract or a decision on approving the results of an auction within 30 days after the receipt of the transfer contract or the decision on approving the results of the auction.

§ 62. Auctioning of proportion of annual rate of extraction of oil shale

(1) The auction specified in subsections 7 and 8 of § 61 of this Act is organised by the issuer of extraction permits.

(2) A decision to organise the auction specified in subsection 7 of § 61 of this Act is made no later than 60 days after the person has waived a portion of the annual rate of extraction of oil shale.

(3) A decision to organise the auction specified in subsection 8 of § 61 of this Act is made no later than 60 days after the expiry of the last oil shale extraction permit of the person.

(4) A decision to organise an auction sets out the details of the object of the auction, the starting price, the deposit amount, the time and place of the auction, the contact details of the organiser of the auction, the manner of payment of the auction price and other information relevant to the organisation of the auction.

(5) The deposit amount for participation in an auction is established on the basis of the provisions of subsection 7 of § 34 of this Act.

(6) The decision to organise an auction is published in the official publication Ametlikud Teadaanded. Holders of oil shale extraction permits and persons who have submitted applications for oil shale extraction permits by the time of publication of the decision to hold an auction are notified of the decision.

(7) A person who holds an oil shale extraction permit or who has submitted an application for an oil shale extraction permit may participate in the auction.

(8) The winner of an auction is the person who made the highest bid for the proportion of the annual rate of extraction of oil shale sold at the auction.

(9) An auction is declared unsuccessful where the winner of the auction is not ascertained in the course of the auction regardless of the reasons. Upon failure of an auction, the issuer of extraction permits may organise a new auction.

(10) The proceeds of an auction accrue to the state budget.

(11) The detailed requirements and rules for auctioning a proportion of the annual rate of extraction of oil shale and the starting price for the auction are established by a regulation of the minister in charge of the policy sector.

§ 63. Retroactive extraction of oil shale failed to be extracted of annual rate of extraction of oil shale

(1) The quantity of oil shale which failed to be extracted of the annual rate of extraction of oil shale may be extracted retroactively within seven years following the year when the quantity failed to be extracted.

(2) The issuer of extraction permits maintains records about the quantities of oil shale which failed to be extracted of the annual rate of extraction and discloses on 1 August each year on its website the quantities of oil shale which failed to be extracted of the annual rate of extraction in the previous six calendar years and the quantity of oil shale which failed to be extracted of the annual rate of extraction of oil shale for which retroactive extraction is permitted in the following calendar year (hereinafter retroactively extractable quantity of oil shale).

(3) In order to calculate the retroactively extractable quantity of oil shale, the issuer of extraction permits sums up the quantities of oil shale which failed to be extracted of the annual rate of extraction of oil shale in the previous six calendar years from which the quantities of oil shale approved by a decision of the issuer of extraction permits under subsection 6 of this section and subsection 9 of § 64 of this Act have been deducted. The deduction is started from the seventh calendar year counting back from the current year, excluding the current year, and continued where necessary by approaching the current year in time.

(4) A holder of an oil shale extraction permit who wishes to extract more oil shale in the following calendar year than the proportion of the annual rate of extraction of oil shale allocated thereto on the basis of subsection 1 of § 61 of this Act submits an application to the issuer of extraction permits no later than on 1 September, indicating the quantity of oil shale it wishes to extract retroactively in the following calendar year.

(5) An application specified in subsection 4 of this section is not processed in open proceedings.

(6) Within 30 days after the receipt of the applications, the issuer of extraction permits approves by its decision the quantities of oil shale permitted to be extracted retroactively in the following calendar year on the basis of the applications, broken down by holders of oil shale extraction permits.

(7) In the calendar year following the year of making the decision specified in subsection 6 of this section or subsection 9 of § 64 of this Act, a holder of an extraction permit may, in addition to the proportion of the annual rate of extraction of oil shale allocated thereto on the basis of subsection 1 of § 61 of this Act, extract the quantity of oil shale set out in the above decision.

(8) Upon retroactive extraction of oil shale which failed to be extracted of the annual rate of extraction of oil shale, the quantity of oil shale extracted per year, from the mining claim specified on the extraction permit, may not exceed the maximum annual rate indicated on that permit.

(9) Where the total quantities of oil shale indicated in the applications specified in subsection 4 of this section are less than the retroactively extractable quantities of oil shale disclosed in accordance with subsection 2, quantities of oil shale to be extracted retroactively can also be applied for after 1 September, but not later than on 1 July of the following year.

(10) In the case provided in subsection 9 of this section, applications are satisfied in the order in which they are submitted until the retroactively extractable quantity of oil shale disclosed in accordance with subsection 2 has been exhausted, and the provisions of § 64 of this Act do not apply.

§ 64. Auctioning of mining right to extract retroactively extractable quantity of oil shale

(1) Where the total quantities of oil shale set out in the applications specified in subsection 4 of § 63 of this Act exceed the retroactively extractable quantity of oil shale disclosed in accordance with subsection 2 of § 63 of this Act, the right to extract the retroactively extractable quantity of oil shale is sold by auction. Persons who have submitted an application specified in subsection 4 of § 63 of this Act may participate in the auction.

(2) An auction is organised by the issuer of extraction permits.

(3) A decision to organise the auction specified in subsection 1 of this section is made no later than 60 days after the due date for submission of applications specified in subsection 4 of § 63 of this Act. The decision to organise an auction is sent to the persons who have submitted applications.

(4) The provisions of subsections 4, 5, 9 and 10 of § 62 of this Act apply to the auction specified in subsection 1 of this section.

(5) The winner of an auction is the person who has made the highest bid for the mining right per one tonne of oil shale.

(6) The winner of an auction acquires the mining right for the quantity of oil shale indicated in the bid for the price bid thereby, whereas the quantity of oil shale may not exceed the total volume of the object of the auction.

(7) Where the quantity indicated by the winner of an auction in the bid is lower than the total quantity of the object of the auction, there may be several winners of the auction. The persons who have made bids are listed in the descending order of the price bid for the mining right per one tonne of oil shale, and the bids are satisfied in the same order.

(8) The person who has made the next best bid after the higher price bid acquires the mining right at the price and in the quantity indicated in the bid made in the auction thereby or in the quantity remaining after deducting the quantity acquired by the person or persons who have made a higher bid from the total quantity of the object of the auction. The total quantities of the acquired mining rights may not exceed the total quantity of the object of the auction.

(9) The issuer of extraction permits approves by its decision the additional quantity of oil shale permitted to be extracted in the following calendar year by the winner of the auction, based on the share of the mining right to extract oil shale acquired at the auction. The issuer of extraction permits refuses to approve the quantity of oil shale indicated in the application specified in subsection 4 of § 63 of this Act to persons who did not acquire the mining right to extract oil shale at the auction.

(10) The detailed requirements and rules for auctioning the mining right to extract a retroactively extractable quantity of oil shale and the starting price of the auction are established by a regulation of the minister in charge of the policy sector.

§ 65. Mineral resource extraction charge

The mineral resource extraction charge is calculated and paid in accordance with the Environmental Charges Act and legislation established on the basis thereof.

§ 66. Amendment of extraction permit

(1) In addition to the provisions of subsection 1 of § 59 of the General Part of the Environmental Code Act, an extraction permit is amended where at least one of the following reasons exists:

2) measures not specified in the extraction permit need to be taken in order to prevent an accident;

3) the requirements specified on the permit need to be changed due to amendment of the extractive waste management plan or submission of a new waste management plan;

4) information about the mineral resources for the extraction of which the permit has been issued has been amended in the register of mineral resources by a decision of the person deciding on making entries or by a decision of the data controller;

5) the holder of an extraction permit applies for a reduction of the area of the mining claim or its service plot after the obligation to reclaim the mined-out land has been declared to have been performed.

(2) In addition to the provisions of subsection 2 of § 59 of the General Part of the Environmental Code Act, an extraction permit may be amended where the holder of the permit:

1) applies for the extension of the mining claim;

2) applies for the extension of the period of validity of the extraction permit;

3) applies for the joining of extraction permits;

4) applies for the alteration of the maximum annual rate; or

5) has submitted another reasoned application therefor.

(3) In addition to the provisions of subsection 5 of § 59 of the General Part of the Environmental Code Act, amendment of an extraction permit is decided without open proceedings:

2) in the cases specified in clauses 4 and 5 of subsection 1 of this section;

3) in the case provided in subsection 3 of § 69 of this Act;

4) where it is necessary to change the intended use of the mined-out land indicated on the extraction permit, and the holder of the permit submits to the issuer of permits the consent of the land owner and the local authority to change the intended use of the mined-out land on the extraction permit;

5) where, in the case of open-pit mining, it has become unnecessary during the period of validity of the extraction permit to retain a pillar and the reserve in the pillar is intended to be extracted and the holder of the permit submits the consent of the land owner to the issuer of permits.

(4) The extension of the period of validity of an extraction permit may be decided without open proceedings where the extension is applied for up to two years in order to complete the reclamation works and the mineable and extractable mineral reserves have been fully exhausted.

§ 67. Extension of period of validity of extraction permit

(1) Where, during the period of validity of an extraction permit, the mineable mineral resources have not been completely exhausted within the boundaries of the mining claim or the mined-out land has not been reclaimed, the issuer of extraction permits extends, on the basis of an application of the holder of the permit, the period of validity of the permit by the period of time which is necessary for exhausting the mineral resources, but no more than by the period provided in subsections 1 and 2 of § 60 of this Act. The period of validity of peat and oil shale extraction permits may be extended by up to 30 years at a time, until the mineable mineral resources are exhausted.

(2) The period of validity of an extraction permit may be extended if the holder of the permit has obtained, by the time specified in the application:

1) in the case of open-pit mining on private or municipal land, the consent of the owner of the immovable of the location of the mining claim and its service plot to the use of the immovable thereof;

2) in the case of underground mining in private or municipal land, the consent of the owner of the immovable of the location of the mining claim service plot to the use of the immovable thereof.

(3) The documentation of the latest mine survey measurement together with a calculation of the residual reserve of mineral resources is appended to an application for extension of the period of validity of an extraction permit.

(4) The documentation of the mine survey measurement of peat and the calculation of the residual reserve appended to an application for extension of the period of validity of a peat extraction permit may not be compiled earlier than three years before submission of the application for extension of the period of validity of the permit.

(5) An application for extension of the period of validity of an extraction permit must be submitted at least one year prior to the expiry of the permit. Where an environmental impact assessment needs to be made in connection with the planned activity, the application for extension of the period of validity of an extraction permit must be submitted at least two years prior to the expiry of the permit.

(6) The issuer of extraction permits may, at the request of the holder of a permit, restore the time limit specified in subsection 5 of this section if the time limit was allowed to expire with good reason and the period of validity of the permit can be extended during the period of validity of the permit. The time limit specified in subsection 5 of this section is not restored if more than six months have passed from the initial due date for submission of the application.

(7) If it becomes evident during the processing of an application for extending the period of validity of an extraction permit that the processing of the application cannot be completed during the period of validity of the extraction permit, the period of validity of the extraction permit extends for the time needed for completing the processing of the application for an extraction permit, but not for more than one year.

(8) Upon extension of the period of validity of an extraction permit, the existing extraction permit is amended, amending also other requirements indicated on the extraction permit, where necessary.

§ 68. Extension of mining claim

(1) The holder of an extraction permit has the right to extend a mining claim to an adjacent or separated area, provided that the total mineable mineral resources granted to the person by all extraction permits within the same mineral deposit last for up to five years.

(1¹) The holder of an extraction permit for oil shale has the right to extend a mining claim to an adjacent or separated area, provided that the mineable mineral resources granted by the existing permit last for up to five years.

(2) A mining claim may be extended only within the boundaries of the mineral deposit where the mining claim indicated on the permit is located.

(3) A mining claim may be extended without complying with the conditions specified in subsections 1 and 1¹ of this section where a reasoned application for extending the mining claim has been submitted. The issuer of extraction permits deems an application to be reasoned, among others, where at least one of the following reasons exists:

1) the mineable mineral resources granted by an existing permit last for up to eight years and it takes more than three years to prepare the mining claim and its service plot for removal of the mineral resources from the natural state due to reasons not depending on the holder of the permit;

2) the extension of a mining claim is necessary for extracting such mineral resources the subsequent independent use of which is not economically justified;

3) a protected area or a special conservation area is formed in a mining claim or a species protection site is placed under protection in a mining claim and this significantly restricts the exercise of the rights arising from the extraction permit.

(4) In the case provided in clause 3 of subsection 3 of this section, the mining claim is extended to a reasonable extent, taking into account the nature and extent of restrictions on the exercise of the rights arising from the extraction permit resulting from the formation of a protected area or a special conservation area or placement of a species protection site under protection.

(5) In the case provided in clause 3 of subsection 3 of this section, the mining claim granted to a person for the extraction of the same mineral resource is extended.

(6) An applicant for the extension of a mining claim on the basis provided in clause 3 of subsection 3 of this section has the priority right to the extension of a mining claim of mineral resources belonging to the state before other applicants for the extension of the mining claim, except in the case referred to in clause 4 of subsection 6 of § 53 of this Act.

(7) Upon extension of a mining claim, the existing extraction permit is amended, amending the period of validity and other requirements indicated on the permit, where necessary. The period of validity of the amended permit is determined on the basis of the time limit provided in subsection 1 or 2 of § 60 of this Act and the permit may be further extended, where necessary, pursuant to subsection 1 of § 67 of this Act.

§ 69. Joining of extraction permits

(1) At the request of a holder of permits, the issuer of extraction permits may join the extraction permits issued to the same holder of permits for adjacent mining claims by issuing a new extraction permit which sets out the information indicated on the joined extraction permits to the appropriate extent.

(2) Only permits granted within the boundaries of the same mineral deposit may be joined.

(3) Where no other changes are made in the conditions of the permit upon joining permits than amendments in the quantity of mineral resources, the area of the mining claim and its service plot and the average annual rate of extraction arising from joining the permits and the period of validity of the new permit issued as a result of joining permits is the period of validity of the joined permit with the shortest period of validity, no open proceedings take place.

§ 70. Suspension of extraction permit

(1) On the bases provided in clause 2 of subsection 1 of § 66 of this Act and clauses 2 and 3 of subsection 1 of § 59 of the General Part of the Environmental Code Act, the issuer of extraction permits may suspend an extraction permit in full or in part for up to one year.

(2) Suspension of an extraction permit is decided without open proceedings.

(3) The issuer of extraction permits notifies the local authority of the location of the mining claim, the state authority tasked with ensuring geological competence of the state, the Ministry of Climate and the Consumer Protection and Technical Regulatory Authority of suspension of a permit.

§ 71. Revocation of extraction permit

(1) In addition to the provisions of clauses 1, 2 and 4 of subsection 1 of § 62 of the General Part of the Environmental Code Act, the issuer of extraction permits revokes a permit where at least one of the following reasons exists:

1) a required amendment of the extractive waste management plan has not been submitted or the submitted waste management plan does not comply with the requirements and the deficiencies are not eliminated within the time limit set therefor;

2) the activities related to the management of extractive waste do not comply with the extractive waste management plan;

3) the holder of a permit lacks a waste permit required for operation of an extractive waste facility pursuant to clause 8 of subsection 2 of § 73 of the Waste Act or an integrated environmental permit.

(2) In addition to the provisions of subsection 2 of § 62 of the General Part of the Environmental Code Act, the issuer of extraction permits may revoke an extraction permit where the holder of a permit has not commenced mining within the boundaries of the mining claim determined by the permit within five years after the receipt of the permit without good reason.

(4) The issuer of extraction permits notifies the local authority of the location of the mining claim, the state authority tasked with ensuring geological competence of the state, the Ministry of Climate and the Consumer Protection and Technical Regulatory Authority of revocation of a permit.

§ 72. Requirements for applications for amendment or revocation of extraction permits

The requirements established in Subchapter 2 of Chapter 4 of this Act for applications for extraction permits apply to the submission and processing of applications for amendment of extraction permits, including extension of the period of validity of extraction permits, extension of mining claims and joining of extraction permits, and revocation of extraction permits to the applicable extent unless otherwise provided in, or established on the basis of, this Act.

§ 73. Re-registration of extraction permit

(1) The issuer of extraction permits may, at the joint request of the holder of an extraction permit and a person who wishes to acquire the extraction permit, re-register the extraction permit in the name of the other person. Upon re-registration of a permit, all the rights and obligations related to the permit transfer to the new holder of the permit.

(2) Where it is technically possible in the opinion of the issuer of extraction permits and there are no other hindering circumstances, an extraction permit may also be re-registered in part. In such case all the rights and obligations related to the re-registered part transfer to the new holder of the permit.

(3) A draft agreement on partial assignment of the mining right must be submitted to the issuer of extraction permits for approval. The issuer of extraction permits approves or refuses to approve the draft agreement pursuant to the provisions of subsection 2 of this section.

(4) The agreement on assignment of the mining right, the calculation of the residual reserve of mineral resources within the boundaries of the mining claim determined by the re-registered extraction permit and the mine survey measurement documentation are appended to the application specified in subsection 1 of this section. The residual reserve is calculated on the basis of the results of the mine survey measurement as at the end of the quarter preceding the day of submitting the application for re-registration. The residual reserve of peat is calculated on the basis of the estimated amount of extracted peat supply, which is determined on the basis of the data on extraction, production or inventory or the results of measuring stacks.

(5) In the case of partial re-registration of a permit, the calculation of the residual reserve of mineral resources and the mine survey measurement documentation must show the amount of the residual reserve to be re-registered.

(6) An application for partial re-registration of an extraction permit must comply with the requirements provided in, and established on the basis of, § 50 of this Act.

(7) The issuer of extraction permits refuses to re-register an extraction permit where at least one of the following reasons exists:

1) the holder of the extraction permit has failed to pay the mineral resource extraction charge by the due date;

2) partial re-registration of the extraction permit is applied for and, in the opinion of the issuer of extraction permits, this is not technically possible or other circumstances exist which prevent it;

3) a circumstance provided in clause 1 of subsection 3 of § 55 of this Act or clause 1 or 5 of subsection 1 of § 52 of the General Part of the Environmental Code Act exists.

(8) The rights and obligations of the previous holder of the extraction permit are deemed to have terminated as of re-registration of the extraction permit.

(9) The mining right arises on the working day following the re-registration of the extraction permit, unless a later date arises from the application, or after obtaining the right to use land where it is acquired after the re-registration of the extraction permit.

(10) ‘Re-registration of an extraction permit’ means amendment of the data of the holder of the permit on the permit. Upon partial re-registration of a permit, the person wishing to acquire a permit is issued a new permit, the conditions of which are based, to the appropriate extent, on the data indicated on the partially re-registered permit and the conditions of the permit. There are no open proceedings upon re-registration unless the issuer of extraction permits deems it necessary.

(11) Upon re-registration of an extraction permit, the extractive waste management plan appended to the permit and the graphical annexes are also deemed to be binding on the acquirer of the extraction permit. Upon partial re-registration of a permit, the acquirer of the permit must submit a new extractive waste management plan and the acquirer of the permit and the holder of the extraction permit must submit new graphical annexes.

(12) Section 60 of the General Part of the Environmental Code Act does not apply to extraction permits.

§ 74. Specialist in charge

(1) Mining project documentation is prepared, mining operations are organised and managed and mine survey measurements are carried out by a person with the relevant competence (hereinafter specialist in charge).

(2) The requirements provided in subsection 3 of § 17 of this Act apply to the evaluation and proving of the competence of specialists in charge. It is presumed that the competence of a specialist in charge has been proven to the extent that the person has a relevant profession in accordance with the Professions Act.

(3) A specialist in charge is appointed by the mining operator in writing. Where necessary, several specialists in charge must be appointed in order to organise and manage safe mining operations in accordance with the requirements.

(4) The mining operator ensures that the work load of a specialist in charge enables the specialist in charge to perform the duties with due care corresponding to the specific nature of the work.

§ 75. Mining project documentation

(1) Mining operations may be carried out only in accordance with mining project documentation.

(2) Mining project documentation must be prepared to such an extent and in such a way that mining operations can be carried out on the basis thereof safely and in accordance with the requirements.

(3) Mining project documentation must include at least the following information and documents:

1) relevant geological information;

2) a location plan of the mining claim and, in the case of a mine, also location plans of workings;

3) a description, reasoning and diagrams of the technology used;

4) a description of the safety measures to be taken;

5) in the case of a mine, also procedures for the liquidation of accidents and for keeping records of persons staying underground.

(4) For the purposes of this Act, ‘mine’ means a production unit which is engaged in underground mining of mineral resources and comprises above-ground and underground construction works necessary for the extraction of mineral resources.

(5) The detailed requirements for mining project documentation are established by a regulation of the minister in charge of the policy sector.

(6) The holder of an extraction permit ensures that the location maps of the workings of the mine are preserved and submitted to the National Archives for permanent preservation after the end of mining.

§ 76. Mine survey measurement

(1) ‘Mine survey measurement’ means the surveying carried out upon extraction of mineral resources and the documentation of the results of the surveying.

(3) A mine survey measurement must ensure that:

1) workings are excavated in accordance with the plan;

2) the results of the work performed are surveyed and documented;

3) the quantities of mineral resources are determined.

(4) A mine survey measurement must be organised in such a way that the results of the survey are verifiable.

(5) The holder of an extraction permit must preserve the documentation of a mine survey measurement at least until the end of the period of validity of the extraction permit.

(9) The detailed requirements and rules for mine survey measurements are established by a regulation of the minister in charge of the policy sector.

§ 77. Submission of extraction volume report

(1) The holder of an extraction permit is required to submit a quarterly extraction volume report to the Environmental Board once per quarter.

(2) The requirements for extraction volume reports, including their contents and format, and the rules for submission of reports are established by a regulation of the minister in charge of the policy sector.

§ 78. Safety requirements for mining

(1) Upon mining:

1) measures must be taken to detect, prevent and control the spread of fires, explosions and environments dangerous to heath;

2) the existence of adequate warning systems and other systems of communication must be ensured so that assistance, evacuation and rescue operations can be commenced immediately and carried out smoothly;

3) danger zones must be marked and restricted in the mining claim and on its service plot;

4) an inrush of water must be prevented when work is performed near flooded workings;

5) the sinking or collapsing of the ground must be prevented or kept under control.

(2) The holder of an extraction permit is required to mark the boundary between the mining claim and its service plot so that it can be controlled.

(3) Records of persons staying in a mine must be kept in such a manner that all persons staying in the mine can be identified at any time. Persons staying in a mine must be equipped with the necessary protective equipment.

(4) The safety requirements for mining are established by a regulation of the minister in charge of the policy sector.

§ 79. Rescue work in mine

(1) Rescue work in underground openings of a mine is organised by a mine rescue service. The operation of a mine rescue service is ensured by the mining operator.

(2) For the purposes of this Act, ‘underground opening’ means an empty space in the earth’s crust created as a result of extraction and covered by a natural layer where persons can stay due to its size and accessibility.

(3) The requirements for rescue work in mines and the rules for co-operation with rescue service agencies are established by a regulation of the minister in charge of the policy sector.

§ 80. Obligation to reclaim explored and mined-out land

(1) The holder of a permit for geological investigation, exploration permit or extraction permit must reclaim the explored or mined-out land during a technologically reasonable period of time. The reclamation obligation continues even after the permit has expired or has been revoked. Where exploration or extraction of the same mineral resource in the same geological exploration area or in the same mining claim continues on the basis of another permit, the reclamation obligation transfers to the holder of the new permit.

(2) In the event of the liquidation of a legal person holding a permit, the performance of the obligation to reclaim the explored and mined-out land is organised by the liquidators.

(3) ‘Explored or mined-out land’ means the land and the earth’s crust, the natural state of which has been changed by geological investigation, geological exploration or extraction.

(4) In order to reclaim explored and mined-out land:

1) any pits, boreholes and other civil engineering works resulting from geological investigation, geological exploration or extraction are liquidated or adapted to the environment of the site;

2) the mined-out land is converted into a wooded area, a body of water, other land having a value in use or landscapes of recognised value.

(5) Works not specified in subsection 4 of this section may be carried out for the reclamation of explored and mined-out land where such works are required for the future use of the land for other purposes. The works must be specified in the project for reclamation of mined-out land.

(6) Upon reclamation of mined-out land it must be ensured that the land fits into the surrounding landscape and does not pose a danger, due to its peculiarities, to the people or animals moving there.

(7) Upon depositing extractive waste back in the workings made in the course of open-pit mining or underground mining for the purpose of reclamation of the mined-out land or for the purpose of construction, the holder of an extraction permit must:

1) ensure the physical stability of the workings and prevent subsidence, taking into account the requirements provided in § 33¹ of the Waste Act;

2) prevent contamination of soil, surface water and groundwater;

3) after reclamation of land, ensure the monitoring of extractive waste deposited back in the workings in accordance with the requirements provided in § 33¹ of the Waste Act.

(8) In order to prevent deterioration of the status of water and contamination of air and soil, the requirements established on the basis of subsection 8 of § 33¹ of the Waste Act apply to the reclamation of mined-out land.

(9) In the appropriate cases, the requirements for landfills established on the basis of the Waste Act, including clause 1 of subsection 1 of § 33 thereof, apply to the waste other than extractive waste used for filling workings.

(10) The detailed requirements and rules for reclamation of explored and mined-out land are established by a regulation of the minister in charge of the policy sector.

§ 81. Conditions for reclamation and project for reclamation of mined-out land

(1) Mined-out land is reclaimed in accordance with a project for reclamation of mined-out land (hereinafter reclamation project).

(2) The preparation of a reclamation project is organised by the holder of an extraction permit on the basis of the conditions for reclamation.

(3) The conditions for reclamation are presented to the holder of an extraction permit, and the consent for implementation of the reclamation project is granted, by the Environmental Board.

(4) Upon presenting the conditions for reclamation, the Environmental Board proceeds from the recommendations in the environmental impact assessment, if the environmental impact has been assessed, and the direction of reclamation indicated on the extraction permit. In justified cases, another direction of reclamation may be taken as a basis upon preparing the conditions for reclamation, where the impact of the direction has been assessed during environmental impact assessment or strategic environmental assessment.

(5) The Environmental Board asks for an opinion of the land owner and the local authority about the conditions for reclamation and, where the mined-out land is located on the land of a construction work that serves national defence purposes or within its protection zone, also the opinion of the Centre for Defence Investments.

(6) The Environmental Board presents the conditions for reclamation within six months after receiving a corresponding application from the holder of an extraction permit.

(7) The Environmental Board may extend the time limit provided in subsection 6 of this section where circumstances become evident which do not allow presentation of the conditions for reclamation within this time limit.

(9) The requirements for the contents of reclamation projects are established by a regulation of the minister in charge of the policy sector.

§ 82. Submission of data on mined-out land and its reclamation

(1) The holder of an extraction permit is required to submit information on the mined-out land and its reclamation to the issuer of extraction permits on the basis of the mine survey measurement data.

(2) The information specified in subsection 1 of this section is submitted as part of the extraction volume report during the quarter following the quarter of carrying out the mine survey measurement.

§ 83. Obligation to survey cadastral unit

The holder of an extraction permit is required, at the request of the owner of the immovable, after completing the works of reclamation of the mined-out land, to carry out the surveying of the cadastral unit and to present the cadastral survey documentation to the owner of the immovable in accordance with the rules established for the formation of cadastral units by the Land Cadastre Act before the commencement of work of the approval commission for reclamation.

§ 84. Time limit for performance of reclamation obligation

(1) Explored land must be reclaimed before the submission of a geological investigation report or geological exploration report or, where a report is not submitted, before the expiry of the permit for geological investigation or exploration permit. Where a permit for geological investigation or exploration permit is revoked before the obligation to reclaim the explored land is declared to have been performed, the geological exploration area and its service plot must be reclaimed by the due date set in the decision on revoking the permit.

(1¹) Exploration boreholes drilled and test pits excavated during geological exploration must be eliminated before the expiry of the exploration permit.

(2) Mined-out land must be reclaimed before the expiry of the extraction permit. Where an extraction permit is revoked before the obligation to reclaim the mined-out land is declared to have been performed, the mined-out land must be reclaimed by the due date set in the decision on revoking the permit.

§ 85. Transfer of reclamation obligation to owner of immovable

(1) If the owner of an immovable does not permit reclamation work on the immovable of the owner after the expiry of the permit for geological investigation, exploration permit or extraction permit, the obligation to reclaim this immovable transfers to the owner of the immovable.

(2) The owner of an immovable must commence the work of reclaiming the explored or mined-out land within one year after the transfer of the reclamation obligation thereto.

§ 86. Declaring of obligation to reclaim geological exploration area to have been performed

(1) A person who has carried out reclamation work prepares a report on the reclamation of the explored land.

(2) A person who has carried out reclamation work asks for an opinion of the owner of the immovable about the report specified in subsection 1 of this section. The opinion of the owner of the immovable is entered in the report.

(3) The reclamation obligation has been performed if the report on the reclamation of the explored land has been approved by the Environmental Board.

(4) The Environmental Board approves a report on the reclamation of the explored land if the explored land has been reclaimed as required.

§ 87. Declaring of obligation to reclaim mined-out land to have been performed and approval commission for reclamation

(1) The issuer of extraction permits declares the obligation to reclaim the mined-out land to have been performed, taking into account the proposal of the approval commission for reclamation. The approval commission for reclamation is formed and the head of the commission is appointed by the issuer of extraction permits.

(2) A representative of the issuer of extraction permits, the owner of the immovable of the mining claim and its service plot or a representative of the owner or, in the case of state land, the administrator of the immovable or a person authorised thereby, a representative of the local authority and a necessary number of experts at the discretion of the person who forms the commission are appointed as members of the approval commission for reclamation.

(3) The tasks of the approval commission for reclamation are to:

1) verify whether the reclamation work and the reclaimed land comply with the requirements provided in, and established on the basis of, § 80 of this Act and with the reclamation project;

2) make a proposal to the issuer of extraction permits to declare the obligation to reclaim the mined-out land to have been performed if it has been reclaimed as required and in compliance with the reclamation project or, where land has not been reclaimed as required and in compliance with the reclamation project, make a motivated proposal to refuse to declare the obligation to reclaim the mined-out land to have been performed.

(4) The issuer of extraction permits sends a copy of the decision on declaring the obligation to reclaim the mined-out land to have been performed to the cadastral registrar.

§ 88. Elimination of unforeseeable reclamation defects

Where, within three years after declaring the obligation to reclaim the mined-out land to have been performed, significant environmental nuisances become evident which could not have been foreseen at the time of declaring the obligation to reclaim the mined-out land to have been performed but which arise from failure to comply with the requirements for reclamation of the mined-out land or the reclamation project, the person who had the reclamation obligation is required to eliminate them.

§ 89. Right to use immovable

(1) The owner of an immovable is required to permit geological investigation on the immovable thereof.

(2) Geological investigation may not be carried out without the consent of the owner of the immovable in yards, below buildings and closer than 50 metres to residential buildings.

(3) Geological exploration or extraction of mineral resources may be carried out on an immovable belonging to another person upon agreement with the owner of the immovable.

§ 90. Use of immovable in state ownership

(1) The consent of the authority mandated by the administrator of state assets or, in the absence thereof, of the administrator of state assets is required to use an immovable in state ownership for carrying out geological exploration.

(2) No separate consent as specified in subsection 1 of this section is granted to use the land specified in subsection 2 of § 31 of the Land Reform Act and the right to use the specified land for the purpose of geological exploration is granted by the issue of an exploration permit.

(3) The use of an immovable in state ownership for geological investigation or geological exploration is free of charge.

(4) The use of an immovable in state ownership is granted for extraction by way of leasing, establishment of a usufruct or constitution of a right of superficies.

(5) The use of an immovable in state ownership is granted to the person to whom the issuer of permits has issued an extraction permit. Upon grant of use of an immovable for extraction, no public auction and no tender with preliminary negotiations is organised.

(6) The grant of use of an immovable in state ownership for extraction is organised by the administrator of state assets or an authority mandated thereby.

(7) The annual rate of the fee for the use of an immovable in state ownership granted for extraction is three percent of the assessed value of land or, where an appraisal of land has been effected, three per cent of the value of land determined upon the appraisal of such land.

(7¹) The amount of the fee for granting the use of an immovable in state ownership for extraction under a lease changes as follows:

1) the annual rate of the fee for the use of an immovable determined on the basis of the taxable value of land is changed when the taxable value of land changes in the course of assessment of land;

2) the annual rate of the fee for the use of an immovable determined during an appraisal of land may be changed by the state on the basis of the appraisal of land after four years have passed from entering into an agreement on the grant of the right to use the immovable and again after four years have passed from the latest change of the fee.

(7²) Where the use of an immovable in state ownership has been granted for extraction under a contract for the establishment of a limited real right, the state may demand the changing of the annual rate of the fee for granting the use of the immovable for extraction after four years have passed from the creation of the limited real right and again after four years have passed from the latest change of the fee. The change of the annual rate is based on the current taxable value of land or the result of appraisal of land, depending on the basis for determining the annual rate of the fee.

(8) A person who has obtained the right to use land pays the costs related to the grant of use of an immovable for extraction. The costs of amending an agreement on the grant of use of an immovable are covered by the person who has applied for the amendment of the agreement.

(9) A holder of an extraction permit may, with the consent of the administrator of state assets or an authority mandated thereby, sublease an immovable in state ownership or a part thereof which has been granted use for extraction and on which no extraction takes place. A sublease may not obstruct the performance of the obligations arising from the permit. A sublease must be submitted by the user of the immovable to the organiser of the grant of use of the immovable, who ensures its disclosure in the state real property register.

(10) The detailed requirements and rules for the grant of use of immovables in state ownership for extraction are established by a regulation of the Government of the Republic.

§ 91. Right of holder of permit for geological investigation or exploration permit to use geological exploration area and its service plot

(1) The holder of a permit for geological investigation or exploration permit has the right, in the geological exploration area and its service plot specified by the permit, to drill exploration boreholes and excavate test pits in the volume determined by the permit, construct temporary construction works necessary for geological operations, cut down trees obstructing geological operations and level the exploration site.

(2) The owner of an immovable does not have the right to use temporary construction works built for geological operations during the period of validity of the permit for geological investigation or exploration permit and the construction works do not become an essential part of the immovable during the period of validity of the permit for geological investigation or exploration permit, unless the owner of the construction works and the owner of the immovable have agreed otherwise.

§ 92. Compensation for damage caused by geological investigation or geological exploration

(1) The holder of a permit for geological investigation or exploration permit compensates for the damage caused by geological investigation or geological exploration regardless of whether or not the holder of the permit is culpable.

(2) The provisions of subsections 1 and 2 of § 150 of the Act on the General Part of the Civil Code apply to the limitation period for a claim to compensate for the damage specified in subsection 1 of this section.

(3) Regardless of the provisions of subsections 1 and 2 of § 150 of the Act on the General Part of the Civil Code, the claim specified in subsection 1 of this section expires no later than ten years after the expiry of the permit for geological investigation or exploration permit.

§ 93. Compensation for damage caused by extraction and by use of earth’s crust

(1) The holder of an extraction permit compensates for the damage caused by extraction regardless of whether or not the holder of the permit is culpable.

(2) The provisions of subsection 1 of this section also apply to a person who uses the earth’s crust on the basis of subsection 1 of § 95, subsection 1 of § 96, subsection 1 of § 99 or subsection 1 of § 100 of this Act.

(3) Subsections 1 and 2 of § 150 of the Act on the General Part of the Civil Code apply to the limitation period for a claim to compensate for the damage specified in subsection 1 or 2 of this section.

(4) Regardless of the provisions of subsections 1 and 2 of § 150 of the Act on the General Part of the Civil Code, the claims specified in subsections 1 and 2 of this section expire no later than ten years after the expiry of the extraction permit or termination of use of the earth’s crust specified in §§ 95, 96, 99 and 100 of this Act.

(5) Where damage is caused by extraction on the basis of a permit or use of the earth’s crust on the basis specified in subsection 1 of § 95, subsection 1 of § 96, subsection 1 of § 99 or subsection 1 of § 100 of this Act more than ten years after the expiry of the extraction permit or termination of use of the earth’s crust specified in §§ 95, 96, 99 and 100 of this Act, the caused damage is compensated for by the state. The state also compensates for the damage caused in cases where the damage occurred after the liquidation of a legal person which held a permit or used the earth’s crust or after the death of a person who used the earth’s crust.

(6) The minister in charge of the policy sector may, by a contract under public law, in accordance with the rules provided in the Administrative Co-operation Act, delegate the processing of applications for compensation for damage specified in subsection 5 of this section and the deciding on compensation for damage to the state foundation which organises the implementation of the environmental programme. Sections 6 and 14 of the Administrative Co-operation Act do not apply to entry into such contract under public law.

(7) Where a contract under public law specified in subsection 6 of this section has not been entered into, the contract under public law expires or there is a reason preventing the performance of the administrative duty, the applications for compensation specified in subsection 5 are processed and the decisions on compensation are made by the Environmental Board.

(8) The rules for assessment of and compensation for damage caused by extraction and by use of the earth’s crust are established by a regulation of the minister in charge of the policy sector.

§ 94. Right of holder of permit for geological investigation, exploration permit or extraction permit to use private road

(1) Private roads are used under the conditions provided in the Building Code and the Law of Property Act.

(2) Where the owner of a private road and the holder of a permit for geological investigation, exploration permit or extraction permit do not reach an agreement and the holder of the permit does not have other access to the geological exploration area, its service plot, the mining claim or its service plot from a public road, the holder of the permit has the right to demand access to the geological exploration area, its service plot, the mining claim or its service plot for the period of validity of the permit pursuant to the procedure provided in § 156 of the Law of Property Act.

§ 95. Right of owner of immovable who is natural person to use earth’s crust

(1) The owner of an immovable who is a natural person has the right to take out mineral resources or rock, sediments, liquid or gas not registered as mineral resources within the boundaries of the immovable belonging to the owner for the purpose of use in the owner’s personal household without an extraction permit, unless otherwise provided by law.

(2) The owner of an immovable may also grant the right specified in subsection 1 of this section to a natural person who has the right to use the immovable.

(7) With regard to mineral resources taken out on the basis of subsection 1 of this section, the owner of the immovable or a person who has the right to use the immovable submits data on the estimated quantity of mineral resources taken out to the register of mineral resources by type of mineral resources.

(8) The owner of the immovable or a person who has the right to use the immovable submits the data specified in subsection 7 of this section in writing within 30 days after taking out the mineral resources.

§ 96. Consumption and transfer of extracted mineral matter remaining after construction, work to manage land improvement systems, construction of land improvement systems or agricultural work

(1) The owner of an immovable or a person who has the right to use an immovable has the right to consume and transfer, including merchandise, the extracted mineral matter generated upon and remaining after construction, management of land improvement systems, building of land improvement systems or agricultural work.

(2) Generation and use of extracted mineral matter in the course of work performed in the earth’s crust, such as construction of ditches, basements and underground constructions, upon construction, management of land improvement systems, building of land improvement systems and agricultural work is not deemed to be mining.

(3) The owner of an immovable or a person who has the right to use an immovable submits, after removal of mineral resources from the natural state, a notice to the Environmental Board concerning the mineral resources taken out on the basis of subsection 1 of this section which are consumed within the boundaries of the immovable where they were taken out, describing in the notice:

1) the quantity and quality of the mineral resources removed from the natural state;

2) the location of the activities generating extracted mineral matter on the basis of the existing planning material.

(4) The owner of an immovable or a person who has the right to use an immovable submits the notice specified in subsection 3 of this section in writing within 30 days after removing mineral resources from the natural state.

§ 97. Permit for consumption or transfer of extracted mineral matter remaining after construction or building of land improvement system

(1) The transfer of extracted mineral matter remaining after work performed in the earth’s crust upon construction or after building land improvement systems or consumption thereof outside the immovable, if the volume of the transferred or consumed extracted mineral matter exceeds 5,000 cubic metres, is permitted only with a permit of the Environmental Board.

(2) In order to obtain the permit specified in subsection 1 of this section, the owner of an immovable or a person who has the right to use an immovable submits an application to the Environmental Board through the environmental decisions information system, describing in the application:

1) the quantity and quality of the extracted mineral matter;

2) the purpose of consumption of the extracted mineral matter;

3) the time schedule of the activities generating extracted mineral matter;

4) the location of the activities generating extracted mineral matter on the basis of the existing planning material.

(3) Copies of the relevant activity licence or documentation concerning the project, where these are required for organising the activities provided in subsection 1 of this section, are appended to an application for the transfer of extracted mineral matter remaining after construction or building of a land improvement system or for consumption thereof outside the immovable.

(5) The Environmental Board decides on the grant of the permit specified in subsection 1 of this section within 14 days after the receipt of the application. If the Environmental Board needs additional information from the applicant, the time limit for granting the permit is extended by the time it takes to obtain the information.

(6) The period of validity of the permit specified in subsection 1 of this section is up to one year.

(7) The Environmental Board refuses to grant the permit specified in subsection 1 of this section where at least one of the following reasons exists:

1) the extracted mineral matter to be transferred or consumed outside the immovable has not been generated in the course of construction or building of a land improvement system;

2) mineral resources or rock or sediments not registered as mineral resources have been removed from the natural state in a larger quantity than was necessary for construction or building of a land improvement system;

4) the purpose of the activities described in the application is mining.

(8) In the cases provided in clauses 1 and 4 of subsection 7 of this section and in the case specified in clause 2 to the extent that the taking out of the mineral matter was not necessary for construction or building of a land improvement system, the owner of the immovable or the person who has the right to use the immovable must restore the situation as close as possible to the natural state which existed before generation of the extracted mineral matter.

(9) The requirement of having a permit which arises from subsection 1 of this section does not apply to:

1) the extracted mineral matter generated upon cleaning of roadside ditches and building of utility networks and utility works in the volume determined in the corresponding design or, in the absence of a design, the extracted mineral matter generated in the volume justified for the performance of the corresponding work;

2) the extracted mineral matter generated upon road construction or building of a land improvement system if the extracted mineral matter is used for the same site;

3) the extracted mineral matter of the Quaternary cover generated upon construction of roads and railways in state ownership, in the volume determined in the corresponding design, regardless of its place of use;

4) the extracted mineral matter generated upon the construction of a construction work, concerning which the Government of the Republic has decided that the sole purpose of the construction work is to ensure national security or to resolve an emergency.

§ 98. Charge for mineral resources removed from natural state during construction or building of land improvement system and consumed within boundaries of same immovable and for transfer of extracted mineral matter or consumption thereof outside immovable

Except in the cases provided in subsection 9 of § 97 of this Act, environmental charges are paid in accordance with the Environmental Charges Act and legislation established on the basis thereof for the mineral resources removed from the natural state during construction or building of a land improvement system and consumed within the boundaries of the same immovable, and for transfer of extracted mineral matter or consumption thereof outside the immovable.

§ 99. Consumption and transfer of overburden, mineral resources or rock or sediments not registered as mineral resources removed from natural state in mining claim service plot

(1) The holder of an extraction permit has the right to consume and transfer the overburden of mineral resources removed upon open-pit mining and mineral resources and rock and sediments not registered as mineral resources removed from the natural state in the mining claim service plot on the basis of clauses 2 and 2¹ of subsection 3 of § 42 of this Act.

(2) The holder of an extraction permit submits, after removal of mineral resources from the natural state, a notice to the Environmental Board concerning the mineral resources taken out on the basis of subsection 1 of this section which are consumed within the boundaries of the mining claim service plot of the same mining claim where they were taken out or within the boundaries of the mining claim over or around which the mining claim service plot has been designated, describing in the notice:

1) the quantity and quality of the mineral resources removed from the natural state;

2) the location of the activities generating extracted mineral matter on the basis of the existing planning material.

(3) The holder of an extraction permit submits the data specified in subsection 2 of this section in writing within 30 days after removing mineral resources from the natural state.

(4) Where overburden and mineral resources and rock and sediments not registered as mineral resources removed from the natural state in a mining claim service plot are transferred and consumed outside the mining claim or its service plot as specified in subsection 1 of this section, the soil protection requirements provided in this Act must be taken into account while ensuring that the requirements for reclamation of mined-out land can be complied with upon reclamation of the mined-out land.

(4¹) Information concerning the transfer of overburden and mineral resources and rock and sediments not registered as mineral resources removed from the natural state in the mining claim service plot and consumption thereof outside the mining claim or its service plot as specified in subsection 1 of this section must be submitted in the extraction volume report.

(7) Environmental charges are calculated and paid in accordance with the Environmental Charges Act and legislation established on the basis thereof for the transfer of overburden, mineral resources and rock and sediments not registered as mineral resources removed from the natural state in the mining claim service plot and for consumption thereof outside the mining claim or its service plot.

§ 100. Right of local authority of permanently inhabited small island to use earth’s crust

(1) The local authority of a small island entered in the list of the permanently inhabited small islands on the basis of subsection 1 of § 2¹ of the Permanently Inhabited Small Islands Act (hereinafter permanently inhabited small island) or a person authorised thereby has the right to take out mineral resources and rock and sediments not registered as mineral resources from an immovable on such permanently inhabited small island for the purpose of performance of the functions of the local authority without an extraction permit, unless otherwise provided by law.

(2) Where an immovable where mineral resources and rock and sediments not registered as mineral resources are planned to be taken out is not owned by the local authority of a permanently inhabited small island, a written consent of the owner of the immovable is required for taking out mineral resources and rock and sediments not registered as mineral resources.

(3) The taking out of mineral resources and rock and sediments not registered as mineral resources on the basis of subsection 1 of this section is not deemed to be mining.

(4) Mineral resources and rock and sediments not registered as mineral resources taken out on the basis of subsection 1 of this section may only be consumed within the boundaries of the permanently inhabited small island where the mineral resources and rock and sediments not registered as mineral resources were taken out.

(5) No extraction charge is payable for the mineral resources and rock and sediments not registered as mineral resources belonging to the state and taken out on the basis of subsection 1 of this section.

§ 101. Permit for taking out mineral resources and rock and sediments not registered as mineral resources

(1) The taking out of mineral resources and rock and sediments not registered as mineral resources is permitted on the basis of subsection 1 of § 100 of this Act only with a permit of the Environmental Board.

(2) In order to obtain a permit for taking out mineral resources and rock and sediments not registered as mineral resources specified in subsection 1 of this section, the local authority of a permanently inhabited small island submits an application to the Environmental Board before taking out mineral resources and rock and sediments not registered as mineral resources, which must set out:

1) the name and registry code of the person authorised to take out mineral resources and rock and sediments not registered as mineral resources unless the person who takes out mineral resources is the local authority of a permanently inhabited small island;

2) the approximate quantity and quality of the mineral resources and rock and sediments not registered as mineral resources;

3) the place of taking out mineral resources and rock and sediments not registered as mineral resources;

4) information concerning the purpose of use of the mineral resources and rock and sediments not registered as mineral resources;

5) information concerning the duration of the activities;

6) information concerning the direction of land reclamation.

(3) The Environmental Board decides on the grant of a permit within 90 days after the receipt of the application. If the Environmental Board needs additional information from the applicant, the time limit for granting the permit is extended by the time it takes to obtain the information.

(4) Open proceedings are organised upon the processing of the grant of a permit.

(5) Where the place of taking out mineral resources and rock and sediments not registered as mineral resources is located on the land of a construction work that serves national defence purposes or within its protection zone, the issuer of permits sends the application specified in subsection 2 of this section for an opinion to the Centre for Defence Investments, who submits its opinion in writing within 30 days after the receipt of the application.

(6) Where the place of taking out mineral resources and rock and sediments not registered as mineral resources is located on an immovable monument or in a heritage conservation area or a protected zone thereof, the issuer of permits sends the application specified in subsection 2 of this section for an opinion to the National Heritage Board, who submits its opinion in writing within 30 days after the receipt of the application.

(7) Where the permit specified in subsection 1 of this section is applied for within one year after the expiry of a permit for geological investigation issued for prospecting or extraction permit and the applicant is not the holder of such permit, the applicant for the permit must submit the consent of the holder of such permit for geological investigation or exploration permit.

(8) The permit specified in subsection 1 of this section is not granted to another person in respect of a part of the earth’s crust for the exploration of which a permit for geological investigation for prospecting or exploration permit has been issued.

(9) The permit specified in subsection 1 of this section is not granted to another person in respect of a part of the earth’s crust for the exploration of which an application for a permit for geological investigation for prospecting or exploration permit or extraction permit has been submitted.

(10) Where the consents specified in subsection 2 of § 100 of this Act and in subsection 7 of this section are missing and in the cases specified in subsections 8 and 9 of this section, the issuer of permits refuses to review the application for a permit for taking out mineral resources and rock and sediments not registered as mineral resources.

(11) In addition to the information provided in clause 8 of subsection 1 of § 56 of this Act, the following information is indicated on the permit specified in subsection 1 of this section:

1) the name and registry code of the local authority of a permanently inhabited small island;

2) the name and registry code of the person authorised to take out mineral resources and rock and sediments not registered as mineral resources unless the person who takes out mineral resources is the local authority of a permanently inhabited small island;

3) the approximate quantity and quality of the mineral resources and rock and sediments not registered as mineral resources;

4) the data and cadastral register number of the immovable of the place of taking out mineral resources and rock and sediments not registered as mineral resources;

5) the period of validity of the permit for taking out mineral resources and rock and sediments not registered as mineral resources;

6) measures to be taken to reduce the environmental nuisance caused to human health, property and the environment by taking out mineral resources and rock and sediment not registered as mineral resources.

(12) In the case provided in clause 2 of subsection 11 of this section, the local authority of a permanently inhabited small island is indicated on the permit as the holder of the permit.

(13) In addition to the provisions of subsection 11 of this section, the information specified in subsection 2 of § 56 of this Act may be indicated on the permit.

(14) The period of validity of the permit specified in subsection 1 of this section is up to five years.

(15) The Environmental Board refuses to grant the permit specified in subsection 1 of this section where:

1) the taking out of mineral resources and rock and sediments not registered as mineral resources results or may result in an environmental threat or a significant environmental nuisance;

2) upon taking out mineral resources, the preservation of exploitability and mineability of the mineral resources remaining in the mineral deposit is not ensured;

3) the operations to be carried out on the basis of the applied permit would significantly restrict the exercise of the rights or obligations arising from an extraction permit issued earlier;

4) the place of taking out mineral resources and rock and sediments not registered as mineral resources is located on the land of a construction work that serves national defence purposes or within its protection zone and the planned activities may endanger the construction work that serves national defence purposes or the performance of the functions determined or planned for, or the operation capacity of, the construction work that serves national defence purposes;

5) the place of taking out mineral resources and rock and sediments not registered as mineral resources is located on an immovable monument or in a heritage conservation area or a protected zone thereof, and the planned activities may endanger the immovable monument or the heritage conservation area or the preservation thereof in their unique environment;

6) the place of taking out mineral resources and rock and sediments not registered as mineral resources is located on a protected natural object and the planned activities may damage the state of the protected natural object or interfere with achieving the objective of protecting the natural object.

§ 102. Amendment and revocation of permit for taking out mineral resources and rock and sediments not registered as mineral resources

(1) The permit specified in subsection 1 of § 101 of this Act is amended where at least one of the following reasons exists:

1) the holder of the permit submits a reasoned application for amendment of the permit for taking out mineral resources and rock and sediments not registered as mineral resources;

2) in order to prevent an accident, measures not specified on the permit for taking out mineral resources and rock and sediments not registered as mineral resources need to be taken;

3) it becomes evident as a result of monitoring or otherwise that the activities permitted by the permit for taking out mineral resources and rock and sediments not registered as mineral resources involve an environmental threat or a significant environmental nuisance and the interest in not amending the permit is not an overriding one.

(2) The period of validity of the permit specified in subsection 1 of § 101 of this Act may be extended on the basis of a reasoned application for a period of up to five years at a time.

(3) The Environmental Board revokes the permit specified in subsection 1 of § 101 of this Act where the reason specified in clause 1 of subsection 1 of § 39 of this Act exists.

(4) The Environmental Board may revoke the permit specified in subsection 1 of § 101 of this Act where the reason specified in clause 2 of subsection 2 of § 39 of this Act exists and the public interest or the interest of a third party cannot be efficiently protected by amendment of the permit.

§ 103. Submission of information concerning taking out of mineral resources by local authority of permanently inhabited small island and safety requirements for extraction of mineral resources and rock and sediments not registered as mineral resources

(1) The local authority of a permanently inhabited small island submits a notice once a year to the Environmental Board concerning the mineral resources extracted on the basis of the permit specified in subsection 1 of § 101 of this Act, describing therein the quantity and quality of the removed mineral resources. The notice must be submitted by the 25th day of the month following the reporting year regardless of whether or not any mineral resources were extracted during the reporting period.

(2) The safety requirements provided in clauses 1 and 2 of subsection 1 of § 78 of this Act apply upon taking out mineral resources and rock and sediments not registered as mineral resources on the basis of the permit specified in subsection 1 of § 101 of this Act.

(3) The holder of a permit specified in subsection 1 of § 101 of this Act is required to mark the place of taking out mineral resources and rock and sediments not registered as mineral resources.

§ 104. Obligation of local authority of permanently inhabited small island to reclaim land

(1) After taking out mineral resources and rock and sediments not registered as mineral resources on the basis of the permit specified in subsection 1 of § 101 of this Act, the land is reclaimed, taking into account the requirements provided in subsections 4 and 6, clauses 2 and 3 of subsection 7 and subsections 8 and 9 of § 80 of this Act.

(2) The local authority of a permanently inhabited small island must reclaim land during a technologically reasonable period of time. The reclamation obligation continues even after the permit has expired.

(3) Land is reclaimed in accordance with the conditions for reclamation.

(4) The conditions for reclamation specified in subsection 3 of this section are issued by the Environmental Board. The Environmental Board asks for an opinion of the land owner about the conditions for reclamation.

(5) The issue of the conditions for reclamation are based on the time limits provided in subsections 6 and 7 of § 81 of this Act.

(6) The local authority of a permanently inhabited small island compiles a report on the reclamation of land.

(7) The Environmental Board declares the obligation to reclaim the land to have been performed on the basis of the report specified in subsection 6 of this section if the land has been reclaimed pursuant to the requirements provided in subsections 1 and 2 of this section.

(8) The contents and form of the report specified in subsection 6 of this section are established by a regulation of the minister in charge of the policy sector.

§ 105. Geological storage of carbon dioxide

(1) The geological storage of carbon dioxide in accordance with the Atmospheric Air Protection Act is prohibited in the territory of the Republic of Estonia and under the continental shelf of Estonia.

(2) The prohibition specified in subsection 1 of this section does not apply if the total volume of geologically stored carbon dioxide is less than 100,000 tonnes and the storage is undertaken in the framework of research and development or for the purpose of testing new products and processes.

§ 106. Use of underground openings for purposes other than mining

The use of underground openings for purposes other than mining must comply with the relevant requirements for underground mining.

§ 107. Regulatory enforcement

(1) Regulatory enforcement over compliance with the requirements of this Act and legislation established on the basis thereof, except for the requirements referred to in subsections 4 and 5 of this section, is exercised by the Environmental Board.

(4) The Consumer Protection and Technical Regulatory Authority exercises oversight over compliance with the requirements arising from §§ 74–76, subsections 1, 3 and 4 of § 78, subsection 2 of § 103 and § 106 of this Act.

(5) The Rescue Board exercises oversight over compliance with the requirements arising from § 79 of this Act.

§ 108. Special measures of regulatory enforcement

In order to exercise regulatory enforcement provided in this Act, a law enforcement agency may apply the special measures of regulatory enforcement provided in §§ 30, 31, 32, 45, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the rules provided in the Law Enforcement Act.

§ 109. Specifications of regulatory enforcement

(1) The Environmental Board may enter a marked immovable without the presence of the possessor or another entitled person where:

1) this is necessary for ascertaining or preventing a significant danger and the involvement of the specified persons would result in a delay that would jeopardise the achievement of the purpose of application of the measure; or

2) the purpose of entering the premises is to ensure access to another immovable or a body of water.

(2) The Environmental Board need not notify the possessor afterwards of entry into the premises on the grounds provided in clause 2 of subsection 1 of this section if no acts related to the oversight or offence proceedings were carried out in these premises after entering the premises.

§ 110. Use of direct coercion

(1) The Environmental Board is authorized to use physical force, special equipment and service weapons on the grounds and in accordance with the rules provided in the Law Enforcement Act.

(2) The special equipment of the Environmental Board consist of handcuffs.

(3) The service weapons of the Environmental Board are a gas weapon and a cut-and-thrust weapon.

§ 111. Amount of non-compliance levy

(1) In the event of failure to comply with a precept, the maximum amount of a non-compliance levy imposed in accordance with the rules provided in the Substitutional Performance and Non-Compliance Levies Act is 32,000 euros.

(2) In the event of failure to submit an extraction volume report or a report prepared concerning the mined-out land and its reclamation by the due date, the maximum amount of a non-compliance levy is 640 euros.

(3) In the event of failure to commence the work of reclaiming explored or mined-out land or failure to comply with the reclamation requirements, the maximum amount of a non-compliance levy is 3200 euros per one hectare of the geological exploration area and its service plot or the mining claim and its service plot.

(4) Where the reclamation obligation has transferred to the owner of an immovable in accordance with § 85 of this Act, in the event of failure to commence the work of reclaiming explored or mined-out land or failure to comply with the reclamation requirements, the maximum amount of a non-compliance levy is 3,200 euros per one hectare of the part of the geological exploration area and its service plot or the mining claim and its service plot which remains within the boundaries of the immovable.

§ 112. Compensation for damage to environment

(1) For the purposes of this Act, damage is caused to the environment where at least one of the following reasons exists:

1) the natural body of mineral resources or natural rock, sediments, liquid or gas not registered as mineral resources is extracted without a required permit;

2) mineral resources are rendered unusable in the course of mining, unless this is necessary for the protection of human health or property or for the reduction or prevention of negative environmental impact;

3) mineral resources are rendered unusable upon termination of extraction, except to the extent necessary to reduce or prevent negative environmental impact as determined by the issuer of extraction permits;

4) the earth’s crust is used only for the purpose of removing soil from the earth’s crust;

5) the earth’s crust is polluted;

6) mineral resources are destroyed or become unusable in a fire caused by extraction;

7) in the course of extraction, the maximum annual rate permitted by the extraction permit which is necessary for compliance with the environmental requirements is exceeded;

8) paludification of soil or damage to land or forest is caused by extraction.

(2) In the cases specified in clauses 1–3, 6 and 7 of subsection 1 of this section, the damage caused to the environment is calculated as a tenfold rate of the extraction charge for the mineral resources extracted or the mineral resources equivalent to those rendered unusable.

(3) In the case specified in clause 4 of subsection 1 of this section, the damage caused to the environment is calculated as a tenfold amount of the highest extraction charge established for the mineral resource.

(4) In the case specified in clauses 5 and 8 of subsection 1 of this section, the damage caused to the environment is equal to the cost of rendering harmless of the polluted part of the earth’s crust or elimination of the caused damage.

(5) Environmental damage is compensated for by the person who damaged the environment.

(6) Environmental damage is collected by the Environmental Board. The compensation for damage is transferred to the state budget.

§ 113. Unlawful conduct of geological investigation or geological exploration

(1) Conducting of a geological investigation or geological exploration without a permit, where a permit is required, or in violation of the requirements of the permit

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 32,000 euros.

§ 114. Extraction without extraction permit

(1) Extraction of mineral resources or rock, sediments, liquid or gas not registered as mineral resources without a permit

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 115. Exceeding of quantity of oil shale permitted to be extracted

(1) Exceeding of the quantity of oil shale permitted to be extracted

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 116. Failure to comply with requirements of mining project documentation

(1) Failure to comply with the requirements of the mining project documentation

is punishable by a fine of up to 100 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 32,000 euros.

§ 117. Violation of requirements of extraction permit

(1) Violation of the requirements of an extraction permit

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 118. Violation of safety requirements for mining

(1) Violation of the safety requirements for mining

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 32,000 euros.

§ 119. Transfer of extracted mineral matter and its use outside immovable without permit

(1) Transfer of extracted mineral matter remaining after construction or building of a land improvement system without a permit of the Environmental Board

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 122. Taking out of mineral resources and rock and sediments not registered as mineral resources without permit

(1) The taking out of mineral resources and rock and sediments not registered as mineral resources without a permit if a permit is required

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 123. Violation of requirements of permit for taking out mineral resources and rock and sediments not registered as mineral resources

(1) Violation of the requirements of a permit for taking out mineral resources and rock and sediments not registered as mineral resources

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 124. Violation of safety requirements for taking out mineral resources and rock and sediments not registered as mineral resources

(1) Violation of the safety requirements for taking out mineral resources and rock and sediments not registered as mineral resources

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 32,000 euros.

§ 124¹. Unlawful worsening of existing situation as regards preservation of mineability of or access to mineral resources

(1) Unlawful worsening of the existing situation as regards the preservation of mineability of or access to mineral resources

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 125. Violation of soil protection requirements

(1) Violation of soil protection requirements

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 126. Unlawful geological storage of carbon dioxide

(1) Geological storage of carbon dioxide in a total volume of 100,000 tonnes or more or geological storage of carbon dioxide in a total volume of less than 100,000 tonnes where the storage is not undertaken in the framework of research and development or for the purpose of testing new products and processes

is punishable by a fine of up to 300 fine units.

(2) The same act, where committed by a legal person,

is punishable by a fine of up to 400,000 euros.

§ 127. Proceedings

(1) Extra-judicial proceedings concerning the misdemeanours provided in §§ 113–115, 117, 119–123, 125 and 126 of this Act are conducted by the Environmental Board.

(2) Extra-judicial proceedings concerning the misdemeanours provided in §§ 116, 118 and 124 of this Act are conducted by the Consumer Protection and Technical Regulatory Authority.

§ 128. Validity of permits for geological investigation, exploration permits, extraction permits for mineral resources and extraction permits for earth materials issued before entry into force of this Act

Permits for geological investigation, exploration permits and extraction permits for mineral resources and exploration permits for earth materials issued before the entry into force of this Act are valid until the date of expiry indicated thereon or until revocation thereof.

§ 129. Application of the Act to permits for geological investigation, exploration permits, extraction permits for mineral resources and extraction permits for earth materials issued before entry into force of this Act

The provisions of this Act apply to the permits for geological investigation, exploration permits, extraction permits for mineral resources and extraction permits for earth materials issued before the entry into force of this Act. Until registration of a body of natural rock, sediments, liquid or gas or a part thereof as mineral resources, the requirements established for extraction permits for mineral resources apply to the extraction permits for earth materials issued for removal thereof from the natural state, considering the extracted material as fill.

§ 130. Processing of applications for permits for geological investigation, exploration permits and extraction permits submitted before entry into force of this Act

(1) The processing of applications for permits for geological investigation, exploration permits and extraction permits submitted before the entry into force of this Act is continued on the basis of this Act, including the procedural rules arising from this Act.

(2) The procedural rules in force at the time of acceptance of an application apply to the applications for permits for geological investigation, exploration permits and extraction permits submitted before the entry into force of this Act if, by the time of entry into force of this Act, environmental impact assessment has been initiated in such proceedings or the issuer of permits has made a preliminary assessment of significant environmental impact of the activity.

(3) The proceedings of the Ministry of the Environment for the issue of permits for geological investigation, exploration permits and extraction permits which are not completed at the time of entry into force of this Act are completed by the Environmental Board.

§ 131. Issue of permits for extraction of sand, sea mud or clay on basis of applications submitted before entry into force of this Act

(1) On the basis of applications for extraction permits submitted before the entry into force of this Act, permits for extraction of sand, sea mud or clay are issued for up to 30 years if the permit was applied for extraction in a sand, sea mud or clay deposit which was of national importance at the time of submitting the application.

(2) If, upon processing an application for a permit for extraction of sand, sea mud or clay submitted before the entry into force of this At, it becomes evident that the mineral resources cannot be exhausted within the period provided in subsection 1 of this section and the use of the remaining mineral resources on the basis of another extraction permit is economically unjustified, the issuer of permits has the right to issue the permit for a period which is longer by up to five years.

§ 132. Issue of peat extraction permits on basis of applications submitted before entry into force of this Act

(1) Subsections 1 and 2 of § 45 of this Act do not apply to an application for a peat extraction permit submitted before the entry into force of this Act if, by the time of entry into force of this Act, the issuer of permits has initiated environmental impact assessment in such proceedings or made a preliminary assessment of significant environmental impact of the activity.

(2) An extraction permit is issued on the basis of an application specified in subsection 1 of this section within the limits of the annual rate of extraction of peat, unless a permit is applied for a peat area which is disturbed by extraction and abandoned.

§ 133. Implementation of §§ 61 and 63 of this Act

(1) The directive specified in subsection 1 of § 61 of this Act is established by the minister in charge of the policy sector in compliance with the calculation methods provided in subsection 2 of § 61 of this Act within three months after alteration of the annual rate of extraction of oil shale effective at the time of entry into force of this provision.

(2) Until establishment of a directive on the basis of subsection 1 of § 61 of this Act:

1) the directive established on the basis of subsection 3 of § 42 (in the wording of 23 November 2008) of the Earth’s Crust Act (RT I 2004, 84, 572) for the proportionate reduction of the maximum annual rate indicated on oil shale extraction permits effective in 2009 (hereinafter directive of 2009) is deemed to be the directive specified in subsection 1 of § 61 of this Act;

2) the reduced maximum annual rate per holder of an extraction permit in conformity with the directive of 2009 is deemed to be the proportion of the annual rate of extraction of oil shale available for use to the holder of an oil shale extraction permit determined on the basis of subsection 1 of § 61 of this Act.

(3) Upon implementation of § 63 of this Act, the annual oil shale extraction rate established in the Earth’s Crust Act (RT I 2004, 84, 572) is taken into account as the annual rate of extraction of oil shale as regards the years preceding the entry into force of this Act.

(4) The calculation of the quantities of oil shale extracted less than the annual rate of extraction of oil shale commences as of 1 January 2009.

(5) Upon making the calculation specified in subsection 2 of § 61 of this Act, where a person holds only one oil shale extraction permit, the maximum annual rate that was specified on the oil shale extraction permit before the establishment of the directive of 2009 is taken into account as the maximum annual rate indicated on the oil shale extraction permit of the person.

§ 134. Qualification requirements for person who acted as specialist in charge before entry into force of this Act

(1) Where a certificate of competency has been issued to a person on the basis of the Mining Act, this certifies conformity of the person’s competency to the requirements provided in this Act.

(2) Certificates of competency of specialists in charge issued on the basis of the Mining Act are valid until the expiry date specified thereon.

§ 135. Legal assessment of offences committed before entry into force of this Act

An act which was committed by a person before the entry into force of this Act and which is also subject to a sanction as a misdemeanour on the basis of this Act is legally assessed under the section that defines the corresponding misdemeanour in this Act.

§ 135¹. Validity of permits for geological investigation issued for prospecting and application of the Act to these permits and to investigation carried out on basis thereof

(1) Permits for geological investigation issued for prospecting before 1 January 2020 are valid until the date of expiry indicated thereon or until revocation thereof.

(2) The requirements for exploration permits apply to the permits for geological investigation granted for processing before 1 January 2020 or granted for prospecting on the basis of § 135² of this Act, except in the cases provided in §§ 135²and 135³ of this Act.

(3) The legal provisions in force before 1 January 2020 concerning geological investigation conducted for the purpose of prospecting apply to the taking into account of the results of investigation conducted on the basis of permits for geological investigation specified in subsection 2 of this section upon keeping records of mineral resources and upon registration of mineral resources, and to the preservation of the geological information received.

(4) The office studies specified in subsection 4 of § 21 of this Act may also be based on the geological investigation for prospecting conducted or commenced before 1 January 2020.

§ 135². Processing of applications for permits for geological investigation submitted for prospecting

The legal provisions in force before 1 January 2020 concerning the application for and grant of permits for geological investigation for prospecting apply to the applications for such permits submitted before 1 January 2020.

§ 135³. Priority right of holder of permit for geological investigation issued for prospecting to obtain exploration permit and consent of holder of permit for geological investigation for issue of extraction permit

(1) For geological exploration of a part of the earth’s crust belonging to the state, the holder of a permit for geological investigation issued for prospecting the mineral resources of that part of the earth’s crust has the priority right to obtain an exploration permit during the period of validity of the permit for geological investigation and until one year after the expiry of the specified permit.

(2) The issuer of permits processes an application of the person specified in subsection 1 of this section in the priority order before the applications of other persons if the application was submitted at the time when the priority right specified in subsection 1 of this section was valid.

(3) In respect of such part of the earth’s crust for the exploration of which a permit for geological investigation for prospecting has been issued, no exploration permit is issued to other persons.

(4) The issuer of permits returns the application for an exploration permit submitted by another person in respect of the same or partially overlapping part of the earth’s crust without reviewing the application in the cases provided in subsections 1 and 3 of this section if it has been submitted for the exploration of the same mineral resource.

(5) Where an extraction permit is being applied for within the boundaries of a geological exploration area determined by a valid permit for geological investigation issued for prospecting or within one year after the expiry of such permit and the applicant is not the holder of such permit, the applicant for an extraction permit must submit the consent of the holder of such permit for geological investigation.

(6) This section applies to the permits for geological investigation granted for prospecting before 1 January 2020 and granted for prospecting on the basis of § 135² of this Act.

§ 135⁴. Transfer of list of deposits collected based on Environmental Register Act to register of mineral resources

The data of the list of deposits collected on the basis of the Environmental Register Act are transferred to the register of mineral resources and deemed to be the data of the register of mineral resources as of entry into force of this section.

§ 135⁵. Extraction of oil shale up to base of oil shale seam

On the basis of oil shale extraction permits granted before the entry into force of this section, oil shale may be extracted up to the base of the oil shale seam even if the extraction permit states otherwise.

§ 135⁶. Drilling of exploration boreholes and excavation of test pits in geological exploration

On the basis of exploration permits granted before the entry into force of this section, the drilling of exploration boreholes and the excavation of test pits is permitted without an activity licence under clauses 3 and 5 of § 208 of the Water Act even if the exploration permit states otherwise.

§ 135⁷. Application of subsection 10 of § 50 and clause 13 of subsection 2 of § 55 of this Act

(1) Subsection 10 of § 50 and clause 13 of subsection 2 of § 55 of this Act do not apply to extraction permits granted before the entry into force of this provision and to pending applications for the grant or amendment of extraction permits.

(2) Subsection 10 of § 50 and clause 13 of subsection 2 of § 55 of this Act do not apply to residential buildings constructed after the issue of the extraction permit.

§ 135⁸. Interim relief for fee for granting use of immovable in state ownership for extraction

(1) Where the fee for granting the use of an immovable in state ownership for extraction increases by more than 50 per cent as compared with the previous user fee, the user fee is increased by 50 per cent in each calendar year until the amount of the fee provided in subsection 7 of § 90 of this Act is reached.

(2) Where the 50 per cent referred to in subsection 1 of this section is less than five euros, the user fee is increased by five euros in a calendar year until the amount of the fee provided in subsection 7 of § 90 of this Act is reached.

(3) In the case of contracts entered into between 1 January 2024 and 31 December 2031, the fee for granting the use of an immovable in state ownership for extraction is determined in the year of entering into the contract on the basis of five per cent of the taxable value of land calculated on the basis of zonal prices resulting from the assessment of land carried out in 2001 which is increased by 50 per cent in each calendar year from 1 January 2024 until entry into the contract. From the year following the year of entry into the contract, the fee is increased in each calendar year by the amount specified in subsection 1 or 2 of this section until the amount of the fee provided in subsection 7 of § 90 of this Act is reached.

(4) In the cases provided in subsections 1–3 of this section, the maximum rate up to which the user fee is increased is five times the average fee for the use of mining industry land per hectare, calculated on the basis of the contracts for granting the use of immovables in state ownership for extraction valid as at 1 December 2023.

(5) The provisions of this section apply until 31 December 2031, after which the amount of the fee provided in subsection 7 of § 90 of this Act is taken as the basis.

§ 135⁹. Analysis of bases of fee for use of immovables in state ownership for extraction

The Ministry of Climate, in co-operation with the Ministry of Economic Affairs and Communications, analyses by 1 July 2025 the practicability and expedience of the bases for determining the fee for granting the use of immovables in state ownership for extraction and, where necessary, submits proposals for amending the relevant legislation.

§ 136

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§ 149

[Omitted from this text.]

§ 150. Entry into force of the Act

(1) This Act enters into force on 1 January 2017.

(2) Clauses 5, 8 and 9 of § 137 of this Act enter into force in accordance with the general rules.

(3) Clauses 14 and 15 of § 138 of this Act enter into force on 1 January 2018.