New Serbian Mining Law 2021

After 5 months of hard work the Serbian Mining Law has been adopted by the Serbian Parliament on 20 April 2021 and came into force on 30 April 2021.

Some of the highlights of the new Mining Law on which Dr. Parivodić (as representative of mining industry) intensely worked are:

1. Principles introduced into the Mining Law:
   • Mining is necessary for the strengthening and sustainability of the market economy in RS
   • The goal of the Mining Law is to ensure and reconcile economic, social and environmental sustainability in a market economy
   • Duty to follow the best professional standards (business, social and environmental rules) in order to improve the sustainability of projects and the safety of people and the environment
   • The Mining Law guarantees security, predictability and continuity of exploration and mining rights
2. An “investment agreement” may be concluded by the Government of RS and the mining investor to regulate relations of mutual interest if both sides wish to do so
3. “Preparatory works” within the exploitation field defined as works that precede mining works  and mean clearing the terrain, removing existing facilities, setting up facilities, installations and equipment of a temporary nature – may be done on the basis of granted exploitation field permit
4. The Mining Law refers to the IFC environmental protection standards as a matter of policy of Serbian law
5. The PERC Reporting Standard is introduced as the mandatory classification system
6. Geological explorations and mining proclaimed to be in the public interest – of importance for the economy and citizens of RS
7. Geological exploration works may not be performed at a distance of less than 100m from residential buildings (unless the owner / user gives consent), as well as 100m from buildings in public use (hospitals, protection institutions, religious buildings, cemeteries, cultural institutions, schools, colleges, dormitories, etc.)
8. Electronic submission of requests and other documentation is introduced – eMining
9. The Chamber of Mining and Geological Engineers of Serbia is introduced and will administer examinations and register professional qualifications, obtain and register status of qualified persons, and serve for the protection of guild interests, improving the provision of services for geological, mining, metallurgical, construction, mechanical, electrical and environmental engineers
10. Qualified person will sign key geological and mining documents (feasibility studies, study of reserves, etc.)
11. An exploitation permit holder may explore in the protective area around the exploitation field without exploration permit (previously he had to obtain the exploration right), and then may expand the exploitation field
12. When a request for extension of exploration term is submitted, the original term extends until the new decision is received  be it positive or negative (before the previous term expired and had to stop exploration works until new extension permit received)
13. A specific provision defines clearly the exclusive rights of the exploration permit holder on geological data and drilling cores
14. The holder of the Certificate of reserves has the right to obtain an exploitation field who then has the right to obtain a mine building permit