Mining Law (No. 85 of 2003).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law sets out basic rules governing mining activities in Romania. It establishes that all mineral resources located in the soil and subsoil of Romania, including the continental shelf, as well as in the Romanian economic area of the Black Sea, pertain to the Romanian State. There are laid down detailed provisions concerning the granting of the right to use lands for purposes of exploration and exploitation of mineral resources. Moreover, the Law regulates the procedure for the issue of mining and exploration licences and establishes the related fees, taxes and royalties to be paid. Further provisions concern areas in which mining shall be forbidden, as well as expropriation procedures. In case of infringement of these provisions, the penalties laid down in articles from 57 to 59 shall be applied. The National Agency for Mineral Resources is responsible for ensuring the implementation of this Law.
A core focus of the Law involves environmental protection and rehabilitation. License holders are legally mandated to formulate comprehensive environmental management plans and secure financial guarantees dedicated exclusively to mine closure and land reclamation. These measures ensure that once mining operations conclude, the affected ecosystems are restored to a stable, safe, and ecologically viable state, minimizing long-term environmental degradation and acid mine drainage.
Furthermore, the Law strictly outlines the socio-economic obligations of mining operators toward local communities. It mandates transparent public consultation processes prior to the approval of any major exploitation project, safeguarding the rights of local populations regarding property resettlement and fair compensation. The Law also establishes mechanisms for allocating a portion of the generated mining royalties back to municipal and regional budgets, thereby directly supporting local infrastructure development and economic diversification.
Finally, the Law adapts to the shifting paradigm of modern resource management by emphasizing technological modernization and the strategic preservation of critical raw materials. It outlines strict guidelines for the utilization of advanced, low-emission mining technologies and imposes rigorous reporting standards regarding waste management and tailing ponds.
A core focus of the Law involves environmental protection and rehabilitation. License holders are legally mandated to formulate comprehensive environmental management plans and secure financial guarantees dedicated exclusively to mine closure and land reclamation. These measures ensure that once mining operations conclude, the affected ecosystems are restored to a stable, safe, and ecologically viable state, minimizing long-term environmental degradation and acid mine drainage.
Furthermore, the Law strictly outlines the socio-economic obligations of mining operators toward local communities. It mandates transparent public consultation processes prior to the approval of any major exploitation project, safeguarding the rights of local populations regarding property resettlement and fair compensation. The Law also establishes mechanisms for allocating a portion of the generated mining royalties back to municipal and regional budgets, thereby directly supporting local infrastructure development and economic diversification.
Finally, the Law adapts to the shifting paradigm of modern resource management by emphasizing technological modernization and the strategic preservation of critical raw materials. It outlines strict guidelines for the utilization of advanced, low-emission mining technologies and imposes rigorous reporting standards regarding waste management and tailing ponds.
Attached files
Web site
Date of text
Entry into force notes
The Law entered into force on 27 March 2003.
Notes
Law No. 61 of 1998 on mining is repealed.
Repealed
No
Serial Imprint
Official Monitor of Romania, 27 March 2003.
Source language
English
Legislation Amendment
No
Original title
Legea Minelor nr. 85 din 18 martie 2003.