RE: Europa Metals Ltd share their thoughts on LinkedIn26 Mar 2021 11:15
This from the link I posted..... Mining regulations also allow national authorities to establish reserved areas in which the existing mineral resources are declared of interest for economic and social development, and national defence. In that case, the authorities can do the following:
Directly investigate or exploit the resource.
Hold a public tender to select a concessionaire.
Form a consortium between the authorities and a third party.
That declaration does not affect the pre-existing rights and mineral rights that can be awarded over other mineral resources in the same area.
Fees
Exploration and investigation permits, mining authorisations and concessions are subject to the payment of tax fees to the competent regional authorities. The amount of these fees varies depending on the autonomous community. In addition, the transfer, lease or levy of a mining right is also subject to the payment of an applicable tax fee.
Liability
Law 22/1973 of 21 July and Royal Decree 2857/1978 of 25 August contain a sanctioning regime, which distinguishes between minor, serious and very serious offences. The penalties can consist of a fine up to EUR30,000 for minor offences, EUR300,000 for serious offences and EUR1 million for very serious offences. In addition, the expiration of the mining right may be declared in case of certain offences.
The sanctioning regime of other related rules can also apply, such as those under the:
Law 22/2011 on waste and polluted soils.
Law 26/2007 on environmental liability.
Law 21/2013 on environmental assessment.
Criminal liability may arise when a certain action (such as an extraction or an excavation) takes place without complying with applicable rules and there is a risk of serious damage to the environment. This it cannot be contractually limited or excluded. Tort offences can also arise if damages are caused to third parties.
Restrictions
The holder of a mining right must have legal personality and sufficient financial and technical solvency to develop the mining activity.
According to Article 18 of the Treaty on the Functioning of the European Union, there are no restrictions on the nationality of the person requesting the award of a mining right.
5. How are such leases, licences or concessions awarded?
To obtain a section A authorisation, the following main steps must be taken:
Filing an application with the corresponding regional authority (depending on the case, a fee may need to be paid).
After an internal report has been completed, the authority will decide whether to award the authorisation.
For minerals under section B, the procedure varies depending on the type of resources. Typically, a declaration that the resource exists is required from the regional authority, before the application can be filed. The procedure can also include a period where the public request information about the proposed exploitation and the publication of the application in the official gazette. Also preferential