RE stormy news25 Oct 2021 16:35
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The Act on Intervention Measures to Assist the Economy and Tourism in Mitigating the Consequences of the COVID-19 Epidemic (hereinafter: ZIUPGT) has entered into force, extending the validity of mining rights for exploitation for which concession relations expire in 2021 or 2022, on a proposal concessionaire for 18 months. In order to extend the concession relationship, the concessionaires must submit an application or proposal for such an extraordinary extension by the end of the one-month period.
Concessionaires who want an extraordinary extension of the mining right on the basis of Article 11 of the ZIUPGT must meet the following conditions:
the mining right they hold must expire in 2021 or 2022
they must file an application for an extraordinary extension of the mining right on the basis of Article 11 of the ZIUPGT
they must apply by 14 August 2021 at the latest
the signed addendum to the concession contract must be returned to the ministry responsible for mining no later than one month after service.
All the above conditions must be cumulatively (that is, at the same time) met in order for the concessionaire's mining right to be extended on the basis of Article 11 of the ZIUPGT.
Both deadlines set by Article 11 of the ZIUPGT (ie the deadline for submitting an application for exceptionally extended mining rights and the deadline for returning the signed addendum to the concession contract) are preclusive and cannot be extended. If the application for an extraordinary extension is not submitted in time, as well as if the concessionaire does not return the signed addendum to the concession contract in time, he will lose the right to an extraordinary extension of the mining right. In this case, the mining right and the concession relationship are not extended in accordance with Article 11 of the ZIUPGT and are terminated in accordance with the valid concession contract and the provisions of the Mining Act (ZRud-1). The same will apply in all those cases when the concessionaires do not submit an application for extension at all on the basis of Article 11 of the ZIUPGT. The extraordinary extension thus depends primarily on the will of the concessionaires and secondarily on the fulfillment of the above conditions.