PROCEDURE FOR AWARDING CONCESSIONS FOR PROSPECTIVE GEOLOGICAL RESEARCHES, DETAILED GEOLOGICAL RESEARCHES AND EXPLOITATIONS OF MINERAL RESOURCES The mineral resources in Republic of Macedonia are regulated in accordance with the Mineral Resources Law. The procedure for awarding concessions for prospective geological researches, detailed geological researches and exploitations of mineral resources is conducted by the state administration organ responsible for performing the work in the area of mineral resources. The procedure for all mineral resources starts with awarding concession for prospective or detailed geological researches except for the energy mineral resources. 1. CONCESSION FOR DETAILED GEOLOGICAL RESEARCHES The right to performing detailed geological researches is acquired after obtaining concession for detailed geological researches which is awarded by the Government. The concession for detailed geological researches is awarded on the basis of public call with electronic auction, except for the public companies, public institutions, as well as the entities which are owners of the land where the concession is required for the mineral resources like sand or collective quartz, where the concession is awarded on the basis of request. The procedure for awarding concession for detailed geological researches starts with submitting initiative for awarding concession for performing detailed geological researches. The initiative can be submitted by each interested legal person, including the foreign legal persons with office registered in the Central Registry of Republic of Macedonia, in addition to which they are obliged to submit: Explanation and basic data for the submitter of the initiative; Proposed period during which the concession will be awarded; Location on which the detailed geological researches would be performed drawn on topographic map in ratio 1:25 000 or 1: 50 000. After submitting the initiative, insight is made on the location and adjustment of the space, at which within 14 days and upon official duty opinion is requested from the local administration unit and the state administration organs for performing the works from the area of environment and spatial planning, protection of the cultural heritage, transport and connections, forestry, water management and agriculture. The Ministry of economy, after adjusting the locations according to the initiatives, submits to the Government proposal for announcing a Public call for awarding concessions for performing detailed geological researches. After conducting the procedure and evaluation of the bids for awarding concessions for performing detailed geological researches of mineral resources the Commission submits to the Government Information for the evaluation of the bids with Minutes, Report of the conducted procedure and individual Draft decisions for awarding concessions at which after their adoption by the Government the selected concessionaires are obliged in the determined deadline to pay the concession allowance offered in the bid. After the payment of the assets Agreement is concluded for concession for detailed geological researches of mineral resources (the signatory on behalf of the Grantor is the ministry of economy). Period for the awarding of the concession The concession for detailed geological researches of mineral resources is awarded for period of six years for maximum space of: - 30 km2 for energy mineral resources; - 30 km2 for metallic mineral resources; - 30 km2 for technogenic mineral resources; - 2 km2 for nonmetallic mineral resources; - 5 km2 for architectural and decorative stone and - 2 km2 for thermo mineral, thermal and mineral waters and gas CO2. Starting the detailed geological researches The concessionaire can start the detailed geological researches if, within 15 days before starting the same, he submits to the Ministry of economy: Revised Project for performing detailed geological researches. After completing with the detailed geological researches, the concessionaire is obliged to deliver to the Ministry of economy Revised Elaborate for the detailed geological researches. 2. CONCESSION FOR PROSPECTIVE GEOLOGICAL RESEARCHES Prospective geological researches are obtained in order to find potential locations for detailed geological researches. Prospective geological researches can be made on the whole territory of Republic of Macedonia except on locations where concessions for exploration or exploitation of mineral resources are already awarded or on localities where an initiative is submitted. The procedure for awarding a concession for prospective geological researches is the same as the procedure for awarding a concession for detailed geological researches (as in Part 1). Period for the awarding of the concession The concession for prospective geological researches of mineral resources is awarded for period of two years for maximum space of 5000 km2. Starting the prospective geological researches The concessionaire can start the prospective geological researches if, within 120 days after signing the Contract for prospective geological researches, he submits to the Ministry of economy: Revised Project for performing prospective geological researches. After completing with the prospective geological researches, the concessionaire is obliged to deliver to the Ministry of economy Revised Elaborate for the prospective geological researches. The results of the prospective researches cannot be transferred to another person and they remain in possession of the concessionaire until a request for awarding a concession for detailed geological researches is applied by the concessionaire. A request can be applied for maximum of 2,5 % of the territory on which the prospective geological researches were made. The rest of the results remain in state property. The request can be applied within 30 days after expiration of the Concession Agreement. 3. CONCESSION FOR EXPLOITATION OF MINERAL RESOURCES Exploitation of mineral resources is acquired by obtaining a concession for exploitation of mineral resources, which is awarded by the Government of the Republic of Macedonia (hereinafter: Grantor of concession). Concession for exploitation of mineral resources is awarded for a determined location defined by coordinates put on a topographic map on the basis of an elaborate from the performed detailed geological researches. Concession for exploitation of mineral resources is awarded for a period of up to 30 years with a possibility for extension for another period i.e. until full exploitation of the mineral resources for which the concession was awarded, but not longer than 30 years. Awarding concession by public competition Concession for exploitation of mineral resources is awarded on the basis of a public call when an owner of the results of the performed detailed geological researches is Republic of Macedonia. The public call is implemented in a way and under conditions determined by this Law and the Law on Concessions and public private partnership. Awarding concession for exploitation of mineral resources on request of an interested person Concession for exploitation of mineral resources is awarded on the basis of a request of the person that performed the detailed geological researches, and when the results from the performed detailed geological researches are his ownership. To entities such as public enterprises, public institutions, pursuant to this Law, concession for exploitation of mineral resources are awarded on the basis of a request. The request is submitted to the state administration organ responsible for performing the works in the field of mineral resources within a deadline of 120 days, calculated from the day of expiration of the concession for detailed geological researches. Beside the data for the applicant for the concession, enclosed to the request are the following: - Study on the justification for the requested concession; - Topographic map in ratio 1 : 25 000 with coordinates on the border points of the location of the determined area; - Sketch, copy of a cadastre plan with marked borders of the requested area for awarding concession for exploitation of mineral resources and property list, with number of cadastre parcels and cultures for the area at which exploitation of mineral resource would be performed and - Elaborate for performed detailed geological research. After submitting the request, inspection is done on the location. When the file is completed, Draft-Decision for awarding concession for exploitation of mineral resources is submitted to the Government. Pursuant to the decision for awarding a concession for exploitation of mineral resources, the grantor of concession and the concessionaire conclude an Agreement for concession for exploitation of mineral resources. 4. LICENCE FOR EXPLOITATION OF MINERAL RESOURCES Exploitation of mineral resources and performing mining works may be started after the concessionaire obtains a license for exploitation of mineral resources. A license is issued on request, which the concessionaire is obliged to submit within a deadline of two years from the day of concluding the agreement for concession for exploitation of mineral resources, enclosing to it the following documentation: - Data for the applicant; - Proof of solved property and legal relations for the land where the exploitation of mineral resources would be performed, except in case when it is an underground exploitation in conditions when exploitation doesn’t have an impact on the surface; - Main mining project for exploitation of mineral resoruces that are subject to the concession together with revision (expert) assessment of the same; - Decision for approval of the study for assesment of the impact on the enviornment or decision for approval of the elaborate for assesment of the impact on the environment; - Traffic consent for connection to a public road; - Waste management plan; - Proof of owning or renting a weighing-machine (scale) for the ehploatated mineral resource and - Water management consent for protection or use of waters from the responsible state adminsitration organ responsible for water managment. 5. ALLOWANCES FOR CONCESSIONS FOR MINERAL RESOURCES Pursuant to the Mineral Resources Law the following allowances are paid: - Allowance for concession of detailed geological researches - Allowance for concession for exploitation of mineral resources The funds of the allowance for performing detailed geological researches and exploitation of mineral resources in amount of: - 22 % are income of the Budget of the Republic of Macedonia and - 78 % are income of the Budget of the municipality on whose area the concession activity is performed. The concessionaire for detailed geological researches of mineral resources pays onetime allowance for the area, in accordance to the offered price in the bid of the public call. The payment of allowance for the concession for exploitation of mineral resources is made on two bases: - - For the area awarded with the concession for exploitation, where the amount depends on the type of the mineral resource subject to the concession for exploitation and For the exploited mineral resource subject to the concession. The payments for performing detailed geological researches and exploitation of mineral resources are determined in the List of tariffs for determining the payments for issuing licenses and concession for performing detailed geological researches and concessions for exploitation of mineral resources. For the metallic minerals, the fee is 2% of the market value (London Metals Exchange) of metal in the concentrate For decoration stones, the concession fee depends on the type: - marble €15 per cubic meter; - granite €9 per cubic meter; - onyx, travertine €6,5 per cubic meter. For minerals for construction industry, the fee is 0,15 EUR per tone 6. REHABILITATION OF THE ENVIRONMENT AND ELIMINATION OF THE CONSEQUENCES The rehabilitation of the environment and elimination of the consequences is regulated in the Mineral Resources Law: (1) The owner of the license for detailed geological research, the concessionaire that performs detailed geological research and the concessionaire that performs mining works, that is, exploitation of the mineral resources and mineral technology during the detailed geological research and execution of the mining works and works of the mineral technology, as well as, after their completion is obliged to make rehabilitation of the space, pursuant the project for performance of detailed geological research, the project for rehabilitation, that is, composition part of the main or additional mining project, the agreement for concession and the license for exploitation. (2) For non-implementation of the actions from Point (1) of this Article the organ of the state administration responsible for performance of the works in the area of the mineral resources shall perform the rehabilitation of the space pursuant the project for performing detailed geological research, the agreement for concession and the license for exploitation and mineral technology, as burden of the concessionaire that performs detailed geological research or exploitation. (3) Because of re-cultivation and return in useful condition of the degraded space on which are performed geological research and exploitation of the mineral resources, the Government adopts Annual Program for re-cultivation of degraded spaces. (4) The funds for financing of the Annual Program from Point (3) of this Article are secured from the Budget of the Republic of Macedonia. (5) After the completion of the detailed geological research and performance of mining works, that is, exploitation of mineral resources and mineral technology is not allowed storing of harmful, dangerous, radioactive and waste materials in abandoned premises and excavation spots.