Pursuant to the Article 83, paragraph 3 of the Constitution of the Republic of Serbia, I pass

THE DECREE ON THE PROCLAMATION OF THE LAW ON THE AMENDMENTS AND SUPPLEMENTS OF
THE MINING LAW

The Law on Amendments and Supplements of the Mining Law is hereby proclaimed, adopted by the National
Assembly of the Republic of Serbia, at the Second Sitting of the First Regular Session of the National Assembly
of the Republic of Serbia in 2006, on April 17, 2006.
PR № 5
Belgrade, April 18, 2006
President of the Republic
Boris Tadic, signed

THE LAW ON AMENDMENTS AND SUPPLEMENTS OF THE MINING LAW

The Law was published in the ‘Official Gazette of the Republic of Serbia’ № 34/2006 from April 18, 2006

ARTICLE 1

Wording: ‘mineral resources’ is replaced by wording: ‘mineral raw materials’ within the Mining Law (‘Official
Gazette RS’ № 44/95), Article 1, paragraph 1.

ARTICLE 2

Article 2 is amended to say:

‘Mineral raw materials, as a publicly owned natural resource, may be used under conditions and in the manner
stipulated by this law.
Royalty is paid, pursuant to the law, for the utilisation of mineral raw materials.
Mineral raw materials, in terms of this law, imply all inorganic and organic raw materials in solid, liquid and
gaseous state located at the deposit, alluvium, as well as mineral raw materials created in the process of mining
(hereinafter referred to as: ‘mineral raw materials’).

ARTICLE 3

In the Article 3, paragraph 1, point 5) after words: ‘raw materials’, the following words are added: ‘which are the
result of mining and processing of mineral raw materials’.

ARTICLE 4

In the Article 4, paragraph 1, after the word: ‘preparation’ comma and the word: ‘development’ are deleted.
In paragraph 2, words: ‘and valorisation’ are deleted.

ARTICLE 5

Article 5 is amended to say:

‘Preparation of mineral raw materials, in terms of this law, implies all processes of: size reduction of mineral raw
materials (crushing, screening, grinding, classifying), concentration and/or separation of useful mineral from
overburden (manual or automatic selection, gravitational, flotation, magnetic and electrostatic concentration,
leaching of mineral raw materials and excavations and further preparation of solutions aimed at the concentration
of useful components), dewatering of concentration i.e. separation products (compaction, filtration and drying).

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Preparation of mineral raw materials also implies all processes of mineral raw material and concentrate size
increase (pelletising and briquetting), sand, gravel and stone separation, as well as processes of primary
processing of decorative and other stones.

ARTICLE 6

Article 6 is deleted.

ARTICLE 7

In the Article 7 after the word: ‘devices;’ words: ‘opening, development’, are replaced with words: ‘preparation and
opening’.

ARTICLE 8

In the Article 8, point 1) words: ‘structures, facilities and devices’ are replaced with the words: ‘structures and
facilities’.
In point 2) after the word: ‘mineral raw materials’ the following words are added: ‘preparation of mineral raw
materials’.
In point 5) after the word: ‘oil’ a comma is inserted and the following words added: as well as other substances at
the mining field’.
In point 8), full stop is replaced with a semi-colon. After point 8), point 9) is added to say:
‘9) structures and facilities used for sand, gravel and stone separation.’

ARTICLE 9

In the Article 10 words: ‘investigations aimed at reserve restoration’ are replaced with the words: ‘additional
investigations aimed at the innovation of the state of reserves’.

ARTICLE 10

In the Article 12, full stop is replaced with a comma, and the following words added: ‘i.e. competent authority of
the autonomous province, when mining of mineral raw materials is carried out at the territory of the autonomous
province’.

ARTICLE 11

After the Article 12, new section Ia is added and the Article 12a to say:

‘IA MINING AGENCY

ARTICLE 12A

Mining Agency is formed, as the special organisation for performance of professional activities related to the
implementation of objectives specified within the strategy for the management of mineral raw materials of the
Republic of Serbia (hereinafter referred to as: ‘the Agency’).
The Agency has the capacity of the legal person.
The Agency performs the activities related to:
1) Participation in the development of the management and development strategy of mineral raw materials of
the Republic of Serbia;
2) Monitoring and forecasting of production trends and exchange prices and other mineral raw materials within
the country and abroad;
3) Participation in the development of reserve balance of all mineral raw materials;

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4) Providing information on international trends and best practice in the field of mining;
5) Participation in the organisation of seminars and promotional activities from the field of mining, rendering of
consultancy services and periodical publishing of leaflets from the domain of its activities;
6) Participation in the preparation of documents related to the granting of concessions for the mining and
investigation of mineral raw materials;
7) Participation in the development of bylaws and rules on technical norms and other technical regulations;
8) Promotion of investments into mineral raw materials of the Republic of Serbia;
9) Issuing of licences pursuant to this law;
Once a year, the Agency shall submit a report to the Government on its operations during the previous year with
the proposal of measures.’

ARTICLE 12

Article 13 is amended to say:

‘Mining of mineral raw materials may be carried out by a limited partnership, enterprise, i.e. any other legal
person (hereinafter referred to as: ‘the enterprise’) registered for the performance of this type of activity and
licensed for the performance of mining operations and execution of professional supervision of mining
operations.’

ARTICLE 13

Article 13a is added after the Article 13 to say:

‘ARTICLE 13A

The enterprise may for its own needs on the land owned or used by it perform the mining of broken stone up to
3000 m3, decorative stone up to 150 m3, sand and gravel up to 1500 m3 and brick clay up to 1000 m3, with the
previous authorisation issued by the Ministry.
Together with the application for the issuing of the mining approval from paragraph 1 of this Article, the following
documents shall be submitted:
1) Evidence of property or the title on land utilisation;
2) Simplified Mining Project;
3) Contract with the authorised contractor of mining works;
4) An act of the municipal authority competent for the activities of land development, specifying the use and the
amount of mineral raw material;
5) The opinion of local authority competent for environmental activities. Natural person may perform the mining
of broken stone up to 300 m3, decorative stone up to 30 m3, sand and gravel up to 100 m3 and brick clay up
to 80 m3, on its own land based on the application submitted to the municipal authority competent for land
development activities and the Ministry, within eight days prior to the start of activities, at the latest.
For the utilisation of mineral raw material in the amount specified in paragraphs 1 and 3, royalty is not paid.
Washing of precious metals and other minerals from river alluvium may be granted to a natural person under the
condition that all washed amounts of metal are offered on a monthly basis to the National Bank of Serbia at the
market price’.

ARTICLE 14

Articles 14 and 15 are deleted.

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 ARTICLE 15

Article 16 is amended to say:

‘The enterprise performing the mining of mineral raw materials shall pay a royalty for the utilisation of mineral raw
materials pursuant to this law.
Royalty from paragraph 1 of this Article is set in accordance with the following bases:
1) for all types of coal and oil shale 1% of the total income;
2) for all hydrocarbons in liquid and gaseous state (oil and gas) and
3% from the total income;
other natural gases
3) for radioactive raw materials 2% of the total income;
4) for all metallic raw materials 3% of the net income of the smelter;
5) raw materials created by mining and processing of mineral raw
4% of the total income;
materials
6) for non-metallic raw material and raw material used for the
5% of the total income;
production of the construction material
7) for all types of salts and salt waters 1% of the total income;
8) for ground water from which useful mineral raw materials are
obtained, geothermal energy, as well as ground waters related to 1% of the total income;
the mining technology and gases created by them
Total income from paragraph 2 of this article represents an amount obtained by the enterprise from used or sold
mineral raw materials, determined on the basis of the principle of causality between income and expenses, in
accordance with generally accepted international standards and realistic market value of the mineral product
used by the enterprise.
Net income of the smelter in accordance with the paragraph 2 of this article represents a total income from the
sales of the final product reduced for the costs of smelting, refinement, transport, unloading, insurance and sales
determined on the basis of the principle of causality between income and expenses, in accordance with generally
accepted international standards. Net income of the smelter may not be reduced on the basis of depreciation,
capital costs or tax allowances.
Royalty is paid for all mineral raw material components used or sold, and it is not paid for the samples of mineral
raw materials used for technical and technological investigations.
Forced collection and royalty accounting and payment control is performed by the competent tax authority. With
regard to the forced collection, control, interest and limitation of the royalty for the utilisation of mineral raw
materials, provisions of the law regulating the tax procedure are applied.
The manner of payment from this article shall be specified by the Minister in agreement with the minister
responsible for finances.’

ARTICLE 16

After Article 16, a new Article 16a is added to say:

‘ARTICLE 16A

Funds obtained from payment of the royalty for the utilisation of mineral raw materials in the amount 50%
represent revenue of the Republic of Serbia, and in the amount of 50% the revenue of the municipality on whose
territory mining is performed.
When mining of mineral raw materials is carried out on the territory of the autonomous province, funds
representing revenue of the Republic of Serbia, in accordance with the paragraph 1 of this article, in the amount

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of 40% represent the revenue of the Republic of Serbia, in the amount of 10% the revenue of the autonomous
province, and in the amount of 50% the revenue of the municipality on whose territory mining is performed.’

ARTICLE 17

Article 17 is amended to say:

‘Mining of mineral raw materials is carried out on the basis of the mining approval, within the time period specified
by the approval and according to the schedule and in the amount anticipated by the mining project and other
technical documents developed pursuant to the law.
Approval from paragraph 1 of this article is issued by the Ministry.
Mining approval is issued upon the application of the mineral raw material investigator in the area where mining of
this raw material will be performed.
Request for the extension of the deadline specified in the approval from paragraph 1 of this article may be
submitted prior to the expiry of the deadline stated in the approval.’

ARTICLE 18

After the Article 17, a new Article 17a is added to say:

‘ARTICLE 17A

The enterprise possessing the mining approval and the Ministry shall sign a contract more closely determining
rights and obligations related to the mineral raw material mining process, especially: level, deadlines, manner and
conditions of payment of the royalty for the utilisation of mineral raw materials, rights and obligations with regard
to the taking of measures on the provision of overall security, environment protection and other measures during
the mining of the specific mineral raw material.’

ARTICLE 19

In the Article 18, point 1), after the number: ‘1:25000 the following words are added: ‘or in the corresponding
scale’.
In point 2) words: ‘in accordance with regulations on geological investigations’ are replaced with the following
words: ‘based on performed investigations in compliance with the current regulations on the classification and
categorisation of mineral raw material reserves’.
Point 3) is changed to say:
‘3) The Feasibility study on the mining of mineral raw material deposits with an overview of conditions and
manners of mining, preparation of mineral raw materials, placing of mineral raw materials, environment
protection measures and social impacts, necessary funding to be engaged and the number of employees;’.

ARTICLE 20

In the Article 19, point 4) after the word: ‘mining’, the following words are added: ‘which cannot be shorter than six
months’, while full stop in the end is replaced with the semi-colon.
Point 5) is added after point 4), to say:
‘5) deadline for which the mineral raw material is given for utilisation.’

ARTICLE 21

In the Article 20, after point 3), full stop is replaced by a comma, with the addition of three points, to say:
‘4) Rights and obligations from the contract concluded pursuant to this law are not met;
5) The annual operation plan for the next calendar year is not duly submitted to the relevant Ministry pursuant to
this law;

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6) Mining operations are not performed continuously during the period of one year.’

ARTICLE 22

After the Article 20, new Article 20a is added to say:

‘ARTICLE 20A

Mining approval ceases to be valid:

1) At the request of the enterprise;
2) Upon the permanent suspension of mining;
3) Upon the expiry of the deadline during which mineral raw material was given for utilisation;
4) Upon the termination of the contract.’

ARTICLE 23

In the Article 21, paragraph 1, words: ‘in accordance with the previously conducted procedure for the granting of
mineral raw material utilisation’ are replaced with words: under conditions and in the manner stipulated by this
law.’
In paragraph 2, after the word: ‘by law’ full stop is replaced with a comma, with the following words added: ‘if this
does not intervene with the mining of the previously approved mineral raw material.’

ARTICLE 24

In the Article 24, paragraph 3 is amended to say:

‘If there are conditions for the opening of several mining structures on one mining field, mining approval may
restrict the mining field to only one part of mineral raw material deposit.’

ARTICLE 25

Mining approval, issued to the enterprise whose property serving for the mining of mineral raw material is sold in
the privatisation procedure, may be transferred to the buyer of this property with a contract concluded by the
seller of the property, buyer of the property, Ministry and the Privatisation Agency.
Prior compliance to the contract from paragraph 1 of this article is given by the Government, upon the proposal of
the Ministry.
The contract from paragraph 1 of this Article concluded without this compliance is null and void.
Obligatory elements of the contract from paragraph 1 of this article include the provisions on the investments of
the property buyer and his obligations in accordance with the social program.

ARTICLE 26

In the Article 26, paragraph 1 is amended to say:

'Mining operations are carried out in accordance with the technical documents for the execution of mining
operations.'
In paragraph 2, words: 'Categories A and B' are replaced with words: 'categorised and classified reserves in
accordance with the regulations on geological investigations'.

ARTICLE 27

In the Article 27, paragraph 1, after the word: 'annual' word: 'operational' is added.
In paragraph 2, words: 'December 31' are replaced with words: 'November 30'.

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 ARTICLE 28

In the Article 28, paragraph 2 is changed to say:

'Detailed mining design is developed for the construction of new underground and surface mining structures and
reconstruction of the system for the opening and preparation of mining structures aimed at the mining of mineral
raw material deposits, as well as for the opening of new deposits in the existing mines. More than 50% of
identified balance reserves of mineral raw materials are taken as the basis for the detailed mining design.'
In paragraph 3, after the word: 'facilities', a comma and the following words are added: 'reconstruction of the
opening and preparation system'.
Paragraph 4 is amended to say:
'Simplified mining project is developed for:
1) All derogations from the detailed or supplementary mining designs if the basic concept of the specified
designs is not changed, therewith that mining operations on the mining of deposits analysed in the simplified
mining design may not last more than two years;
2) Mining of small mining structures up to 15 thousand tons within the mining field whose mining will not last
more than one year;
3) Mining operations during the investigation of mineral raw materials;
4) Mining operations during the mining for own needs pursuant to this law;
5) For the development of individual boreholes for oil, gas and ground water, as well as for surface structures
for mining, preparation and transport of oil, gas and ground water;
6) Paragraph 5 is deleted.

ARTICLE 29

In the Article 29, after the word: 'projects', the following words are added: 'mining feasibility study' and after the
word: 'annual', the word: 'operational' is added.

ARTICLE 30

In the Article 30, paragraph 1 is changed to say:

'Mining projects may be developed by the enterprise possessing a designing licence for mining projects, while
technical control may be performed by the enterprise possessing a technical control licence for mining projects
and structures.'

ARTICLE 31

Article 30a is added after the Article 30 to say:

'ARTICLE 30A

Licences issued pursuant to this law include:

1) Licence for the execution of mining operations and for the performance of professional supervision of mining
operations;
2) Design licence for mining structures;
3) Licence for the performance of technical control of mining projects and structures;
Licences from paragraph 1 of this article may be obtained by the enterprises having employees with the
corresponding professional qualifications, work experience, authorisation for designing and authorisation for the
performance of technical activities specified by this law.
The Agency adopts an act on the fulfilment of conditions for the issuing of licences from paragraph 1 of this
Article. The enterprise shall by November 30 of the ongoing year at the latest , submit to the Agency data proving
that it still meets conditions for the issuing of licences.

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The Agency shall pass an order abolishing the act on the fulfilment of conditions for the issuing of licences, in the
following cases:
1) If it is established based on the submitted evidence that conditions for the validity of the latter are no longer
fulfilled;
2) If the enterprise does not submit data before the expiry of the current licence;
3) If it is established that mining operations are not carried out in accordance with execution projects, especially
if people's safety and that of mining structures is endangered in that way.
The Agency shall keep records on all issued licences and regularly inform the Ministry thereof. All entities have a
free access to these records.
The Minister more closely stipulates the conditions and the licence issuing manner pursuant to this law.'

ARTICLE 32

In the Article 32, paragraph 5 is deleted.

ARTICLE 33

In the Article 36, paragraph 1, point 1), words: 'in three copies' are deleted.
Point 5) is changed to say:
'5) Water authority compliance for projects, if execution of mining operations has an impact on the water table;'
Point 7) is changed to say:
7) Contract on the mining of mineral raw materials concluded.'
Point 8) is deleted.

ARTICLE 34

In the Article 42, paragraph 2), full stop at the end is replaced with a comma and the following words added: 'as
well as persons employed at the Ministry and the Agency.'

ARTICLE 35

In the Article 47, paragraph 4, words: 'execution of activities' are replaced with the word: 'mining'.

ARTICLE 36

In the Article 53, paragraph 2, words: 'granting of utilisation' are replaced with the word: 'mining'.

ARTICLE 37

In the Article 74, the word: 'employees' are replaced with the word: 'persons'.

ARTICLE 38

In the Article 77, paragraph 1, after the word: 'in mining', a comma is added and words: 'three years of work
experience on the activities of technical management, supervision and other technical activities for which the
project is developed', while words: design authorisation' are replaced with words: 'authorisation for the
performance of these activities'.
In paragraph 2, words: 'design authorisation' are replaced with words: 'authorisation for the performance of these
activities'.

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 ARTICLE 39

Article 78 is changed to say:

'Technical control of mining projects may be managed by the person having a university degree in mining, five
years experience on the activities of technical management, supervision and other technical activities on mining
structures for the which the project is developed and the authorisation for the performance of these activities.
Technical control of mining projects may be carried out by the persons meeting conditions specified for the
development of mining projects.'

ARTICLE 40

In the Article 81, paragraph 2, full stop is replaced with a comma and the following words added: 'i.e. the head of
the competent authority of the autonomous province for candidates from the territory of the autonomous
province.'

ARTICLE 41

In the Article 85, paragraph 1, point 2) is amended to say:

'2) Mining of mineral raw materials is carried out on the basis of the mining approval, and in accordance with the
contract on mining and the approval for the performance of mining operations.'

ARTICLE 42

In the Article 93, paragraph 1, point 1), words: 'for mining' (Article 17)' are replaced with words: 'for mining and the
contract on mining (Article 17 and 17a)'.

ARTICLE 43

In the Article 94, paragraph 1, point 3) is amended to say:

'3) Start the performance of activities without the approval in accordance with the Article 13a.'

ARTICLE 44

In Articles 23 and 96 of the Mining Law ('Official Gazette RS' № 44/95), words: 'National Bank of Yugoslavia' are
replaced with the words in the corresponding case: 'National Bank of Serbia'.

ARTICLE 45

Enterprises and other legal entities to whom the authorisation for mining was issued by the date of effectiveness
of this law, shall continue with the mining under conditions under which they have obtained this right, therewith
that they shall align their business activities with the provisions of this law within a year as of the day on which
this law comes into force.

ARTICLE 46

Bylaws based on this law shall be adopted within a year as of the day on which this law comes into force.
Until the adoption of the act from Article 15 of this law, Rules on the Level of Royalty paid for the Utilisation of
Mineral Raw Materials ('Official Gazette RS, № 28/02) shall be applied.

ARTICLE 47

The Law on the Payment and Direction of Royalty Funds paid for the Utilisation of General Interest Resources in
Electricity Generation, Oil and Gas Production ('Official Gazette RS, № 19/90), ceases to be valid after the expiry
of one year as of the day on which this law comes into force.

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 ARTICLE 48

This law shall come into force as of the eight day of its publishing in the 'Official Gazette of the Republic of Serbia'.

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 THE MINING LAW
The Law was published in the 'Official Gazette RS', № 44/95 and 34/2006.
See: Article 431 of the Code - 85/2005-30.
See Article 59 of the Law 101/2005-28

I. BASIC PROVISIONS
ARTICLE 1

This law regulates conditions and the manner of mining of mineral raw materials in the earth and on its surface,
on river or lake bottom or underneath, as well as construction, utilisation and maintenance of mining structures.
Provisions of this law are not related to the mining of sand, gravel and stone from the beds of watercourses,
shoals, abandoned beds and from areas endangered by erosion, which do not contain traces of useful mineral
raw materials.
See: Article 1 of the Law - 34/2006-7

ARTICLE 2

Mineral raw materials, as a publicly owned natural resource, may be used under conditions and in the manner
stipulated by this law.
Royalty is paid, pursuant to the law, for the utilisation of mineral raw materials.
Mineral raw materials, in terms of this law, imply all inorganic and organic raw materials in solid, liquid and
gaseous state located at the deposit, alluvium, as well as mineral raw materials created in the process of mining
(hereinafter referred to as: ‘mineral raw materials’).
See: Article 2 of the Law - 34/2006-7

ARTICLE 3

Mineral raw materials, in terms of this law, mean:

1) All types of coal and oil shale;

2) All hydrocarbons in liquid and gaseous state (oil and gas) and other natural gases;
3) Radioactive raw materials;
4) All metallic raw materials;
5) Raw materials created by mining and processing of mineral raw materials;
6) Non-metallic raw material and raw material used for the production of the construction material;
7) All types of salts and salt waters;
8) Ground water from which useful mineral raw materials are obtained, geothermal energy, as well as ground
waters related to the mining technology and gases created by them (hereinafter referred to as: 'ground
waters');

See Article 3 of the Law - 34/2006-7

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 ARTICLE 4

Mining of mineral raw materials, in terms of this law, implies the execution of activities on the opening,
preparation and excavation of deposits as well as transport of mineral raw materials and performance of other
activities in the earth and on its surface.
Mining of mineral raw materials implies the execution of activities on the preparation of mineral raw materials, and
with oil and natural gas extraction, activities on the separation of oil and gas, preparation of oil and gas at the
mining field for transport and storage, separation of natural liquid gases (ethane, propane, butane and natural
gasoline) at stripping plants and similar facilities, as well as the transport of these raw materials in collective oil
pipelines and gas lines at the mining field.
See Article 4 of the Law - 34/2006-7

ARTICLE 5

Preparation of mineral raw materials, in terms of this law, implies all processes of: size reduction of mineral raw
materials (crushing, screening, grinding, classifying), concentration and/or separation of useful mineral from
overburden (manual or automatic selection, gravitational, flotation, magnetic and electrostatic concentration,
leaching of mineral raw materials and excavations and further preparation of solutions aimed at the concentration
of useful components), dewatering of concentration i.e. separation products (compaction, filtration and drying).
Preparation of mineral raw materials also implies all processes of mineral raw material and concentrate size
increase (pelletising and briquetting), sand, gravel and stone separation, as well as processes of primary
processing of decorative and other stones.
See Article 5 of the Law 34/2006-7

ARTICLE 6

- Deleted -
See Article 6 of the Law 34/2006-7

ARTICLE 7

Mining operations, in terms of this law, imply activities on: the construction of boreholes; in boreholes and on the
preparation of all horizontal, slanting and vertical mine areas; reconstruction of mining structures, facilities and
devices; preparation, opening and mining of deposits; disposal of overburden and dumping of useful mineral raw
materials; disposal area of flotation overburden and all activities on the mining field used for mining and
preparation of mineral raw materials; activities performed in accordance with mining projects and other projects
representing an integral part of mining projects, as well as activities performed for the purpose of mineral raw
material investigations.
See Article 7 of the Law 34/2006-7

ARTICLE 8

Mining structures, facilities and devices, in terms of this law, imply:

1) Structures and facilities within the mine directly connected to the technological process of investigation,
mining and preparation of mineral raw materials and overburden, slag, ash and mineral raw material disposal
on disposal areas for homogenisation;
2) Machines and devices intended for all phases of technological processes of underground and open cast
mining of mineral raw materials and preparation of mineral raw materials;
3) Structures, facilities and devices for the protection of mines against ground and surface waters;
4) Structures, facilities and devices on oil and gas fields directly related to technological process of investigation,
extraction and transport of oil, gas and ground waters at the mining field;

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5) Structures for underground storage of natural gas and crude oil, as well as other substances at the mining
field;
6) Structures, facilities and devices making an integral part of an electrical network of the mine;
7) Main and ancillary storage facilities for explosives and explosive devices at the mining field;
8) Structures, facilities and devices for ground water or other mineral raw material extraction by means of pipe
systems and boreholes;
9) Structures and facilities serving for separation of sand, gravel and stone.
See Article 8 of the Law 34/2006-7

ARTICLE 9

Mining of mineral raw materials and construction, utilisation and maintenance of mining structures shall be
performed in a way providing optimal technical and economic utilisation of mineral raw material deposits, people's
safety, and that of structures and property, in accordance with modern scientific achievements, regulations and
standards and technical norms related to this type of structures and activities and regulations specifying
conditions concerning safety, fire and explosion protection and environmental protection.
See Article 9 of the Law 34/2006-7

ARTICLE 10

Enterprise, i.e. any other legal person performing the mining of mineral raw materials shall simultaneously with
the mining perform additional investigations aimed at mineral raw material reserve state innovation, as well with
the purpose of planning and implementation of measures preventing negative environmental impacts in
accordance with regulations.
See Article 10 of the Law 34/2006-7

ARTICLE 11

In the area representing a protected natural area, a complex of cultural, historical and architectural importance,
tourist and recreational whole, a spring of special importance for the regional water supply and other protected
areas, mining of mineral raw materials may be granted when in public interest, with the previous compliance of
the authority competent for the issuing of conditions for spatial development.

ARTICLE 12

Supervision of the application of provisions of this law, other regulations, standards, technical norms and quality
norms related to the mining of mineral raw materials, as well as of the application of safety, fire protection and
explosion protection measures, during the mining of mineral raw materials is performed by the Ministry competent
for mining activities (hereinafter referred to as: 'the Ministry'), i.e. competent authority of the autonomous province
when the mining of mineral raw materials is carried out on the territory of the autonomous province.
See Article 10 of the Law 34/2006-7

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 IA MINING AGENCY
See Article 11 of the Law 34/2006-7

ARTICLE 12A

Mining Agency is formed, as the special organisation for performance of professional activities related to the
implementation of objectives specified within the strategy for the management of mineral raw materials of the
Republic of Serbia (hereinafter referred to as: ‘the Agency’).
The Agency has the capacity of the legal person.
The Agency performs the activities related to:
10) Participation in the development of the management and development strategy of mineral raw materials of
the Republic of Serbia;
11) Monitoring and forecasting of production trends and exchange prices and other mineral raw materials within
the country and abroad;
12) Participation in the development of reserve balance of all mineral raw materials;
13) Providing information on international trends and best practice in the field of mining;
14) Participation in the organisation of seminars and promotional activities from the field of mining, rendering of
consultancy services and periodical publishing of leaflets from the domain of its activities;
15) Participation in the preparation of documents related to concession allowance for the mining and
investigation of mineral raw materials;
16) Participation in the development of bylaws and rules on technical norms and other technical regulations;
17) Promotion of investments into the mineral raw materials of the Republic of Serbia;
18) Issuing of licences pursuant to this law;
Once a year, the Agency shall submit a report to the Government on its operations during the previous year with
the proposal of measures.
See Article 11 of the Law 34/2006-7

II MINING OF MINERAL RAW MATERIALS

ARTICLE 13

Mining of mineral raw materials may be carried out by a limited partnership, enterprise, i.e. any other legal person
(hereinafter referred to as: ‘the enterprise’) registered for the performance of this type of activity and licensed for
the performance of mining operations and execution of professional supervision over mining operations.
See Article 12 of the Law 34/2006-7

ARTICLE 13A

The Enterprise may for its own needs on the land owned or used by it perform the mining of broken stone up to
3000 m3, decorative stone up to 150 m3, sand and gravel up to 1500 m3 and brick clay up to 1000 m3, with the
previous authorisation issued by the Ministry.
Together with the application for the issuing of mining approval from paragraph 1 of this Article, the following
documents need to be submitted:
6) Evidence of property or the title on land utilisation;
7) Simplified Mining Project;
8) Contract with the authorised contractor of mining works;
9) An act of the municipal authority competent for the activities of land development, specifying the use and the
amount of mineral raw material;

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10) The opinion of local authority competent for environmental activities. Natural person may perform the mining
of broken stone up to 300 m3, decorative stone up to 30 m3, sand and gravel up to 100 m3 and brick clay up
to 80 m3, on its own land based on the application submitted to the municipal authority competent for land
development activities and the Ministry, within eight days prior to the start of activities, at the latest.
For the utilisation of mineral raw material in the amount specified in paragraphs 1 and 3, royalty is not paid.
Washing of precious metals and other minerals from river alluvium may be granted to a natural person under the
condition that all washed amounts of metal are offered on a monthly basis to the National Bank of Serbia at the
market price.
See Article 13 of the Law 34/2006-7

ARTICLE 14

- Deleted -
See Article 14 of the Law 34/2006-7

ARTICLE 15

- Deleted -
See Article 14 of the Law 34/2006-7

ARTICLE 16

The Enterprise performing the mining of mineral raw materials shall pay a royalty for the utilisation of mineral raw
materials pursuant to this law.
Royalty from paragraph 1 of this Article is set in accordance with the following bases:
9) for all types of coal and oil shale 1% of the total income;
10) for all hydrocarbons in liquid and gaseous state (oil and gas) and
3% from the total income;
other natural gases
11) for radioactive raw materials 2% of the total income;
12) for all metallic raw materials 3% of the net income of the smelter;
13) raw materials created by mining and processing of mineral raw
4% of the total income;
materials
14) for non-metallic raw material and raw material used for the
5% of the total income;
production of the construction material
15) for all types of salts and salt waters 1% of the total income;
16) for ground water from which useful mineral raw materials are
obtained, geothermal energy, as well as ground waters related to 1% of the total income;
the mining technology and gases created by them
Total income from paragraph 2 of this Article represents an amount obtained by the Enterprise from used or sold
mineral raw materials, determined on the basis of the principle of causality between income and expenses, in
accordance with generally accepted international standards and realistic market value of the mineral product
used by the enterprise.
Net income of the smelter in accordance with the paragraph 2 of this Article represents a total income from the
sales of the final product reduced for the costs of smelting, refinement, transport, unloading, insurance and sales
determined on the basis of the principle of causality between income and expenses, in accordance with generally
accepted international standards. Net income of the smelter may not be reduced on the basis of depreciation,
capital costs or tax allowances.
Royalty is paid for all mineral raw material components used or sold, and it is not paid for the samples of mineral
raw materials used for technical and technological investigations.

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Forced collection and royalty accounting and payment control is performed by the competent tax authority. With
regard to the forced collection, control, interest and limitation of the royalty for the utilisation of mineral raw
materials, provisions of the law regulating the tax procedure are applied.
The manner of payment from this Article shall be specified by the Minister in agreement with the minister
responsible for finances.
See Article 15 of the Law 34/2006-7

ARTICLE 16A

Funds obtained from the payment of the royalty for the utilisation of mineral raw materials in the amount 50%
represent revenue of the Republic of Serbia, and in the amount of 50% the revenue of the municipality on whose
territory mining is performed.
When mining of mineral raw materials is carried out on the territory of the autonomous province, funds
representing revenue of the Republic of Serbia, in accordance with the paragraph 1 of this Article, in the amount
of 40% represent the revenue of the Republic of Serbia, in the amount of 10% the revenue of the autonomous
province, and in the amount of 50% the revenue of the municipality on whose territory mining is performed.
See Article 16 of the Law 34/2006-7

2. MINING APPROVAL
ARTICLE 17

Mining of mineral raw materials is carried out on the basis of the mining approval, within the time period specified
by the approval and according to the schedule and in the amount anticipated by the mining project and other
technical documents developed pursuant to the law.
Approval from paragraph 1 of this article is issued by the Ministry.
Mining approval is issued upon the application of the mineral raw materials investigator in the area where mining
of this raw material will be performed.
Request for the extension of the deadline specified in the approval from paragraph 1 of this Article may be
submitted prior to the expiry of the deadline stated in the approval.
See Article 17 of the Law 34/2006-7

ARTICLE 17A

The enterprise possessing the mining approval and the Ministry shall sign a contract more closely determining
rights and obligations related to the mineral raw material mining process, especially: level, deadlines, manner and
conditions of payment of the royalty for the utilisation of mineral raw materials, rights and obligations with regard
to the taking of measures on the provision of overall security, environmental protection and other measures
during the mining of the specific mineral raw material.
See Article 18 of the Law 34/2006-7

ARTICLE 18

The following documents shall be submitted together with the application for the issuing of the mining approval:
1) Layout map, in the scale of 1:25000 or in the corresponding scale with the mining field boundaries drawn-in,
together with public transport routes and other structures located at that field, with the specification of the
type of the mineral raw material which is intended for mining, municipality on whose territory the mining field
is located and the start of mining operations;
2) Certificate on balance reserves of mineral raw materials issued on the basis of investigations performed in a
accordance with the current regulations on classification and categorisation of mineral raw material reserves;

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3) The Feasibility study on the mining of mineral raw material deposits with an overview of conditions and
manners of mining, preparation of mineral raw materials, placing of mineral raw materials, environment
protection measures and social impacts, necessary funding to be engaged and the number of employees;
4) Degraded land reclamation project;
5) Act from the authority competent for zoning activities in terms of alignment of mineral raw materials mining
with corresponding spatial, i.e. zoning plans;
6) Compliance of the ministry competent for the activities of agriculture and forestry, when mining is performed
on agricultural and forest land;
7) Compliance of the ministry competent environmental activities;
8) Compliance of the ministry competent for the activities of water resources management, if water table is
influenced by the mining of mineral raw materials.
See Article 19 of the Law 34/2006-7

ARTICLE 19

Mining approval specifies:

1) The type of mineral raw material to be mined;
2) Production capacity in accordance with balance reserves;
3) Position and exact boundaries of the mining field;
4) Deadline for the completion of preparation activities and for the start of mining, which may not be shorter
than six months;
See Article 20 of the Law 34/2006-7

ARTICLE 20

The Ministry shall cancel the approval for the mining of mineral raw materials, if:
1) Mining is not started within the specified deadline;
2) Activities which are not performed in accordance with the mining project are continued after the expiry of the
deadline determined by the mining inspector;
3) Mining endangers people's lives and health, as well as the environment, and other measures anticipated by
this law and other regulations are not sufficient to prevent this;
4) Rights and obligations from the contract concluded pursuant to this law are not met;
5) The annual operation plan for the next calendar year is not duly submitted to the relevant Ministry pursuant to
this law;
6) Mining operations are not performed continually during one year.
See Article 21 of the Law 34/2006-7

ARTICLE 20A

Mining approval ceases to be valid:

1) At the request of the enterprise;
2) Upon the permanent suspension of mining;
3) Upon the expiry of the deadline during which mineral raw material was given for utilisation;
4) Upon the termination of the contract.
See Article 22 of the Law 34/2006-7

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 ARTICLE 21

The enterprise which was given the mining approval for certain mineral raw materials, may perform at the same
mining field the mining of other mineral raw materials not included in the given approval, under conditions and in
the manner stipulated by this law.
If the approval from paragraph 1 of this article does not include all types of mineral raw materials located within
one mining field, utilisation of included mineral raw materials my be granted to another enterprise under
conditions and in the manner stipulated by this law, if this does not interfere with the mining of the previously
approved mineral raw material.
See Article 23 of the Law 34/2006-7

ARTICLE 22

Approval for the washing of precious metals and other minerals from river alluvium carried out by natural entities
is issued by the Ministry.
The application for the issuing of the approval from paragraph 1 of this article shall include the river or the brook
with estuaries whose alluvium will be washed, as well as the approximate amount of metal which may be washed
on the annual level.
Approval for the washing of precious metals and other minerals contains:
1) Name of the river or the brook whose alluvium is going to be washed;
2) Validity period of the approval;
3) Starting time of the precious metal washing;
4) Water authority compliance, if the washing of mineral raw materials has an impact on the water table.

ARTICLE 23

The Ministry shall inform the National Bank of Serbia on each issued approval from the Article 22, paragraph 3 of
this law.
If the Ministry establishes that the person to whom the approval was issued is not performing the washing of
precious metals for more than six months or that it has not offered the obtained amounts of these metals to the
National Bank of Serbia within a specified deadline, it shall cancel the approval and inform the National Bank of
Serbia thereof.
See Article 44 of the Law 34/2006-7

3. MINING FIELD
ARTICLE 24

Mining of mineral raw materials is performed within a mining field.

The mining field includes the investigation area on which balance reserves of mineral raw materials were certified,
as well as the area anticipated for overburden disposal areas and the construction of processing, maintenance,
waterintake facilities and other facilities, restricted by corresponding lines along the surface or natural boundaries,
stretching without limitations into the Earth's depth.
If there are conditions for the opening of more mining structures on one mining field, mining field may be
restricted by the mining approval to just one part of the mineral raw material deposit.
See Article 24 of the Law 34/2006-7

ARTICLE 25

Construction of buildings, public roads, railway track, channels and other transport routes, as well as high voltage
electrical lines with certain protective towers at the mining field, may be granted after previously received
compliance of the Ministry.

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Prior to the issuing of the act on the conditions for spatial development for the construction of structures from
paragraph 1 of this article, an opinion of the enterprise performing the mining shall be obtained on the proposed
direction and position of these structures on the mining field.
The enterprise performing the mining is entitled to the compensation of the actual damages caused by the
construction of structures from paragraph 1 of this article.
Prior to the issuing of the construction approval for the construction of other structures on the mining field, opinion
of the enterprise performing the mining on this field shall be obtained.

4. EXECUTION OF MINING OPERATIONS

1. TECHNICAL DOCUMENTS FOR THE EXECUTION OF MINING OPERATIONS

Mining operations are executed in accordance with the technical documents for the execution of mining
operations.
Technical documents from paragraph 1 of this article are developed on the basis of the results of investigation
activities, analyses and reports on mineral raw material reserves, categorized and classified reserves in
accordance with the regulations on geological investigations and other documents considering and analysing
technical, technological conditions for the execution of works, fire protection, environmental conditions, water
protection and safety conditions, as well as other conditions having an impact on the assessment of the technical-
technological and economic feasibility of mining and execution of mining operations.
See Article 26 of the Law 34/2006-7

ARTICLE 27

Based on the data on identified conditions and quality of mineral raw materials and mining conditions, the
enterprise shall develop a long-term deposit mining program for the period of at least of ten years and annual
operational plans for the execution of mining operations.
The enterprise shall adopt annual plans from paragraph 1 of this article, by November 30 of the ongoing year at
the latest for the forthcoming year.
See Article 27 of the Law 34/2006-7

ARTICLE 28

Mining projects include: detailed mining design, supplementary mining design and simplified mining design.
Detailed mining design is developed for the construction of new underground and surface mining structures and
reconstruction of the system for the opening and preparation of mining structures aimed at the mining of mineral
raw material deposits, as well as for the opening of new deposits in the existing mines. More than 50% of
identified balance reserves of mineral raw materials are taken as the basis for the detailed mining project.
Supplementary mining design is developed for the execution of mining operations for the construction of mining
structures, reconstruction of the opening and preparation system and improvement of applied or introduction of
new methods for the mining of mineral raw materials.
Simplified mining project is developed for:
1) All derogations from the detailed or supplementary mining designs if the basic concept of specified designs is
not changed, therewith that mining operations on the mining of deposits analysed in the simplified mining
project may not last more than two years;
2) Mining of small mining structures up to 15 thousand tons within the mining field whose mining will not last
more than on year;
3) Mining operations during the investigation of mineral raw materials;
4) Mining operations during the mining for own needs pursuant to this law;

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5) For the development of individual boreholes for oil, gas and ground water, as well as for surface structures
for mining, preparation and transport of oil, gas and ground water;
See Article 28 of the Law 34/2006-7

ARTICLE 29

Minister competent for mining activities more closely regulates the content of mining projects, mining feasibility
study, long-term program and annual operational plans.
See Article 29 of the Law 34/2006-7

ARTICLE 30

Mining projects may be developed by the enterprise possessing a designing licence for mining projects, while
technical control may be performed by the enterprise possessing a technical control licence for mining projects
and structures.
The enterprise, i.e. any other legal person from paragraph 1 of this article, shall during the development of
projects observe all prescribed safety, environmental, fire-protection and explosion protection measures,
standards and technical norms for mining operations and use reliable data on established amounts and quality of
mineral raw materials and mining conditions.
Mining projects, as well as their integral parts shall also be signed by persons managing their development as
responsible designers.
See Article 30 of the Law 34/2006-7

ARTICLE 30A

Licences issued pursuant to this law include:

4) Licence for the performance of mining operations and for the performance of professional supervision of
mining operations;
5) Design licence for mining structures;
6) Licence for the performance of technical control of mining projects and structures;
Licences from paragraph 1 of this article may be obtained by the enterprises having employees with the
corresponding professional qualifications, work experience, authorisation for designing and authorisation for the
performance of technical activities specified by this law.
The Agency adopts an act on the fulfilment of conditions for the issuing of licences from paragraph 1 of this article.
The enterprise shall by November 30 of the ongoing year at the latest, submit to the Agency data proving that it
still meets conditions for the issuing of licences.
The Agency shall pass an order abolishing the act on the fulfilment of conditions for the issuing of licences, in the
following cases:
1) If it is established based on the submitted evidence that conditions for the validity of the latter are no longer
fulfilled;
2) If the enterprise does not submit data before the expiry of the current licence;
3) If it is established that mining operations are not carried out in accordance with execution projects, especially
if people's safety and that of mining structures is endangered in that way.
The Agency shall keep records on all issued licences and regularly inform the Ministry about this. All entities have
a free access to these records.
The Minister more closely regulates the conditions and the licence issuing manner pursuant to this law.
See Article 31 of the Law 34/2006-7

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 ARTICLE 31

Person employed at the enterprise or organization which issued the conditions for the development of those
mining projects (water resources management, sanitary, geological, traffic, energy, environmental) on the basis of
the approval from the law and other regulations adopted in accordance with the law, as well as the person
employed at the Ministry, may not participate in the development of the detailed and supplementary mining
designs.

ARTICLE 32

Detailed and supplementary mining designs are subject to technical control.

Mining projects developed abroad shall be validated and are subject to the technical control pursuant to this law.
Technical control from paragraph 1 of this article comprises of the control in terms of the application of safety,
environmental, fire-protection and explosion protection measures and norms, measures for the security of
structures, people and underground, surface and neighbouring structures, as well as the control in terms of the
application of modern achievements and methods of the mining science and technology and alignment with
technical regulations, norms and standards.
Technical control of mining projects developed abroad verifies whether regulations, measures and conditions
were applied corresponding to Yugoslav regulations, standards, technical and quality norms specified for the
execution of activities which are the subject of the mining project and harmonization of measures and measuring
units and other indicators applied during the development of mining projects.
See Article 32 of the Law 34/2006-7

ARTICLE 33

Technical control of the mining project may not be performed by, i.e. the following entities may not participate in
the performance of technical control:
1) The enterprise, i.e. other legal person who has developed the project and the investor;
2) Person employed at the enterprise or other legal person who has developed the mining project or took part in
its development;
3) Person employed at the investor on activities related to the development of that mining project;
4) Person employed at the Ministry.

ARTICLE 34

The enterprise, i.e. other legal person, which has performed the technical control of the mining project, shall make
a report on the performed technical control of the mining project and confirm that the project was done in
accordance with the prescribed conditions.

2. APPROVAL FOR THE EXECUTION OF MINING OPERATIONS

ARTICLE 35

Execution of mining operations in accordance with the detailed and supplementary mining designs may be
started after obtaining an approval for the execution of mining operations issued by the Ministry.
Approval from paragraph 1 of this article, determines land reclamation obligations, fully in accordance with the
project.

ARTICLE 36

The following documents are submitted together with the application for the issuing of the approval for the
execution of mining operations in compliance with the detailed and supplementary mining designs:

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1) Mining project with the certificate of the enterprise, i.e. other legal person which has performed the technical
control stating that the project was done in accordance with the prescribed conditions, report on the
performed technical control, compliance of the investor for the project and certificate of the authority that
issued an act on the conditions for spatial development stating that the mining project was done in
accordance with this act;
2) Certificate on certified balance reserves, issued in accordance with the regulations on geological
investigations;
3) Evidence on the proprietary or utilization right, i.e. servitude right on the land specified for the mining of
mineral raw materials for areas included in the project;
4) Compliance of the authority competent for environmental activities on the alignment of the projects with
environmental protection and improvement conditions;
5) Water authority compliance for projects, if execution of mining operation has an impact on the water table;
6) Land reclamation project developed in accordance with the regulations;
7) Contract on the mining of mineral raw materials concluded.
If for the execution of activities from paragraph 1 of this article, another special law prescribes other conditions,
evidence on the fulfilment of those conditions shall be submitted together with the application.
See Article 33 of the Law 34/2006-7

ARTICLE 37

Execution of mining operations according to the simplified mining design from the Article 28, paragraph 4 of this
law, may be started upon receiving the compliance of the Ministry, and if these operations have an impact on the
water table or the environment, also from the Ministry competent for water resources management, i.e.
environmental protection.
Execution of mining operations according to the simplified mining design from the Article 28, paragraph 5 of this
law, may be started on the basis of the application submitted to the Ministry within 15 days at the latest prior to
the commencement of operations.

ARTICLE 38

The enterprise shall inform the mining inspector about the commencement of mining operations, as well as the
competent municipal authority on whose territory operations will be executed, 15 days at the latest prior to the
start of operations, and for operations which have an impact on the water table and the environment, public water
resources management enterprise, i.e. ministry competent for environmental protection.
The enterprise performing oil, natural gas and ground water extraction, shall within the same deadline, inform the
mining inspector and the authority from paragraph 1 of this article about the commencement of activities on the
construction of each borehole.

3. APPROVAL FOR THE UTILISATION OF MINING STRUCTURES

ARTICLE 39

Mining structure constructed according to the detailed and supplementary mining designs may be used after the
approval for the utilisation of mining structures is obtained (hereinafter referred to as: certificate of occupancy).
Certificate of occupancy is issued by the Ministry upon the request of the investor, i.e. the contractor, within eight
days as of the day of receipt of the report indicating that the structure may be used.
Certificate of occupancy may be issued for the part of the mining structure representing a technical and
technological whole and it may be used individually as such.
If prior compliance or permits of other authorities or organisations is necessary for the issuing of the approval for
the utilisation of the mining structure, together with the request from paragraph 2 of this article, this compliance,
i.e. the permit shall also be submitted.

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Certificate of occupancy is issued in the form of the order, which is issued as a temporary order in the case of
paragraph 3 of this article.

ARTICLE 40

Certificate of occupancy may be issued after identifying that:

1) The mining structure or its part are constructed in accordance with the mining project, on the basis of which
an approval for the execution of mining operations was issued in accordance with technical regulations,
norms and standards whose application is obligatory during the construction of mining structure;
2) Prescribed conditions have been fulfilled in terms of safety, water, fire, environmental protection measures
and other prescribed conditions for the construction and utilisation of this type of structures;

ARTICLE 41

Fulfilment of conditions from the Article 40 of this law is established by technical inspection.
Technical inspection of the mining structure includes the technical control of mining, mechanical and civil works,
electrical facilities (devices and installations) and environmental facilities, as well as technical inspection of the
mining equipment and facilities, depending on the nature of the mining structure.
The minister competent for mining activities shall prescribe more closely the conditions for the performance of
technical inspection.

ARTICLE 42

The Ministry may assign the performance of the technical inspection of the mining structure or its part to the
enterprise or other legal person fulfilling conditions from the Article 30 of this law.
Technical inspection of the mining structure may be carried out, i.e. inspection may not be carried out by
enterprises which developed, i.e. participated in the development of the mining project for the structure and
enterprises which have carried out technical control of this project, as well as persons employed at the Ministry
and the Agency.
See: Article 34 of the Law - 34/2006-7

ARTICLE 43

If prior control of installation, devices and facilities, stability and safety of structures, as well as other
investigations or when this is anticipated by the mining project are required in order to establish the suitability of
the structure for utilisation, trial operation of this structure may be approved.
Approval for the trial operation of the structure is issued by the Ministry, at the investor's request.
Approval from paragraph 2 of this article specifies the commencement and duration of trial operation.
Prior to the trail operation of the structure, the investor shall inform the mining inspector on the commencement of
the trial operation and form an expert committee to monitor the results of the operation.
After the completion of the trial operation, the investor shall request the technical inspection of the structure and
make available documents on trial operation results.

5. OTHER PROVISIONS ON MINERAL RAW MATERIAL MINING

ARTICLE 44

The enterprise performing the mining of mineral raw materials may for its needs use water opened by mining
operations until their inflow to permanent surface waters, in accordance with water and environmental regulations.

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 ARTICLE 45

If operations in underground and open cast mines and their parts or oil and gas fields, as well as operations on
geothermal boreholes have to be suspended temporarily due to unforeseen circumstances (gas or water bursts,
problems related to the rock burst, mine fires, disturbances on main ventilation paths, passages, dewatering and
transport, land-sliding, eruptions, water table changes, etc), the enterprise shall inform the mining inspector on
the reasons for suspension of operations, within 24 hours at the latest from the suspension of operations.
The enterprise shall inform the mining inspector on the temporary suspension of operation, which was planned in
advance, 15 days at the latest prior to the suspension of operations.
Prior to the planned suspension of operation from paragraph 2 of this article, lasting more than 30 days, the
enterprise shall carry out necessary surveying, supplementation of the mining project and make minutes on the
reasons for suspension of operations, indicating dangers which may occur during the reopening of an
underground mine or its part, i.e. commissioning of the oil and gas fields.
During the temporary suspension of operations, main mining areas and structures on oil and gas fields shall be
maintained in such as state to provide free passage.

ARTICLE 46

If for any reason, mining on certain underground and open cast mines or in mining districts for oil and gas
extraction is suspended temporarily or permanently, the enterprise shall inform the Ministry, within 30 days at the
latest prior to the suspension of operations.
In case of paragraph 1 of this article, the Ministry shall form a committee which shall examine the reasons for the
suspension of operations and effects of this suspension on site.
If the committee from paragraph 2 of this article establishes that operations were not suspended for the reasons
of force majeure or by someone else’s fault, but that harmful effects were created, the Ministry shall propose to
the competent authority the initiation of the procedure for the identification of responsibility for damages created
by the suspension.

ARTICLE 47

In case of the permanent suspension of operations, the enterprise shall take all necessary measures to protect
the mining structure and land on which operations were carried out, together with safety and environmental
measures for the purpose of securing people’s lives, health and property, in accordance with the supplementary
mining design for the permanent suspension of operations. The enterprise shall also develop a detailed mining
design on mine closure, specifically defining all necessary parameters for possible, future, opening of the mine.
The enterprise shall hand-over for keeping to the Ministry, together with the detailed design on mine closure,
mining plans and drawings, surveying records and other documents on the state of mining operations at the time
of suspension.
Documents form paragraph 2 of this article shall be available to every legal person interested in the restoration of
operations on the abandoned mining field.
Mining approval needs to be obtained for the restoration of operations from paragraph 3 of this article, pursuant to
the provisions of this law.
See: Article 35 of the Law – 34/2006-7

ARTICLE 48

The enterprise shall during and upon finalisation of mineral raw materials mining operations, within one year at
the latest, from the day of the completion of operations in areas on which mining operations were completed,
perform land reclamation in accordance with the land reclamation project, i.e. undertake land protection
measures for the area on which operations were performed and safety, environmental and water protection
measures, for the purpose of securing people’s lives, health and property.
Ministry competent for agricultural, water resources management, i.e. environmental activities shall be informed
on measures from paragraph 1 of this article.

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 ARTICLE 49

The right to strike is realised within the enterprise performing the mining of mineral raw materials, under the
condition that during the strike it provides the security of structures, devices and installations, as well as
environmental and health protection.

ARTICLE 50

For the purpose of providing conditions from the Article 49 of this law, within the enterprise performing the mining
of mineral raw materials, at the time of strike, the following activities shall be performed providing:
1) Dewatering, ventilation, maintenance of road serviceability within the structure, maintenance of devices,
equipment and installations;
2) Completion of initiated activities on security, isolation and transport of excavations whose disposal may
endanger lives and health of employees and security of mining structures, facilities and devices;
It is forbidden to organise and carry out the strike in the mine area or other structures and premises where there
are potential life and health hazards.
General act of the enterprise indicates work places on which activities from paragraph 1 of this article are
performed, whose performance is necessary to provide conditions from the Article 49 of this law, as well as
structures, premises from paragraph 2 of this article.

ARTICLE 51

In case of the breach of the right to strike stipulated by this law, which may have as direct consequence
immediate danger or heavily affect peoples life and health or their safety and the safety of property or other
damages caused which may not be removed, the Ministry shall take measures necessary to prevent the
occurrence of these consequences:
1) Introduction of work obligation;
2) Engagement of employees from other technical and technological systems and other employees –
individuals;
3) Initiation of the procedure for the establishment of responsibility of managers and other executive members.

6. CADASTRE OF MINING FIELDS

ARTICLE 52

Cadastre of mining fields is maintained by the Ministry.

The Cadastre includes data from mining approvals on a certain mining field, identified limitation of mining, data on
ancillary mining structures outside the mining field, changes created in relation to the change of mining field user,
as well as data on the suspension of operations.
Mining field is entered into the cadastre of mining fields under the name of the enterprise which has obtained the
mining approval for the specific mining filed.

ARTICLE 53

The Ministry keeps records of documents and enterprises which have been given the mining approval.
Document records comprise of: the contract on the mining of mineral raw materials; mining approval with all
attachments submitted with the application for the issuing of the approval, as well as other data related to the
mining of mineral raw materials.
The Cadastre of Mining Fields, records of documents and enterprises, which have received the mining approval,
may be examined by all interested parties.
See: Article 36 of the Law – 34/2006-7

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 III MINING MEASUREMENTS AND MINING PLANS
ARTICLE 54

The enterprise shall organise the performance of mining measurements, and develop plans, i.e. maps based on
executed measurements, specifying the state of mining operations, their mutual position and the position of
mining operations in relation to the previously executed mining operations, structures and surface waters and the
environment.
Within mining measurements, the enterprise shall develop the corresponding graphical documents containing
data on the changes of terrain surface and on the state of mining structures within the mining field.

ARTICLE 55

The enterprise shall during the execution of operations, provide the following:
1) A layout plan – mining field map;
2) A geological map of the mining field and its environment with characteristic geological profiles;
3) A plan with surface situation and underground areas drawn in, i.e. open cast mines and ground subsidence
monitoring plan;
4) Plans of individual mines, i.e. open cast and underground mines;
5) Mining and bench plans of all underground and surface mining operations;
6) Energy network plans (electrical networks, compressed air, etc.), water supply network plans, as well as
those of mining facilities with basic technical data;
7) Mine ventilation plans and defence and rescue plans in hazardous situations presenting danger for people’s
lives and health and security of structures;
8) Hydrological and tectonic plans, as well as plans with water discharge points specified into the receivers for
mining structures with high water inflow and complex tectonics;
Plans from paragraph 1, point 4, 5 and 7 of this article, shall be updated each month in accordance with the
advance of mining operations, while plans from paragraphs 6 and 8 only when changes occur. If mining
operations are executed close to previously executed operations or abandoned parts of mines, update of plans
shall be carried out if necessary and in shorter time periods.
Plans shall be updated in shorter time periods when underground activities are performed in areas of mine fires
and water accumulation, as well as on structures in the area from the Article 11 of this law.
New mining plans shall include all details from previous mining plans, such as previous mine openings, previously
executed operations and faults, elevations and other details.
The enterprise shall without delay submit to the mining inspector the copies of plans from paragraph 1, points
from 3 to 8, within 8 days at the latest.

ARTICLE 56

The enterprise performing oil and natural gas extraction shall provide the following:

1) A layout plan of the mining field with all exploratory and operational boreholes specified, together with other
devices;
2) A geological map of the mining field and its surroundings, with characteristics profiles;
3) A technological diagram of mining and the diagram of mining structures on the oil-gas field;
4) A structural map with the boundaries of edge water specified;
5) Data and reports on boring, logging measurements, tubing, perforation, dynamic and static pressure
measurement, on the amount of produced fluids, gas factor and other physical and chemical analyses of
collectors and fluids;

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 ARTICLE 57

Layout map of the mining field and all mining measurements and graphical representations of mining operations
shall be related to the points of the state trigonometric network.

ARTICLE 58

Records on executed mining measurements shall be kept by the mining enterprise. Measurement records shall
be certified in the manner set out in regulations on the certification of business records.

ARTICLE 59

The minister competent for mining activities shall more closely regulate the manner of performance of mining
measurements, keeping of original plans and maps, development of mining plans and their scale, as well as the
keeping of measurement records and internal cadastre of mine immovables.

IV PROTECTION MEASURES
ARTICLE 60

For the purpose of the protection of people’s lives and health, the enterprise shall:
1) Regulate occupational health in accordance with specific features and hazards which might occur;
2) Organise the performance of occupational health activities, pursuant to this law and safety regulations;
3) Provide personal protective devices and personal protective equipment for employees;
4) Provide fire-protection, protection against hazards and other accidents and organise rescue activities;
5) Organise testing of employees from the field of safety and rescue operations in case of life and health
hazards and danger to the security of structures.

ARTICLE 61

For the purpose of water and environmental protection, the enterprise shall:
1) Plan measures preventing threats to water table and the environment, i.e. reclamation and recovery
measures and provide the execution of prescribed measures;
2) Keep records on types and amounts of hazardous and harmful substances used in the performance of its
activities, i.e. keeps records on types and amounts of hazardous, harmful and waste substances discharged
or disposed into the environment;
3) Implement measures and conditions for water table and environment pollution prevention contained in
environmental and water table impact analysis.

ARTICLE 62

Environmental and water table protection measures provide:

1) Direct control of enforcement of water table and environmental protection measures;
2) Development of plans for the protection against hazards and other accidents;
3) Monitoring of water table and environmental impact of activities;
4) Proposals of environmental and water table protection and improvement measures;

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 ARTICLE 63

The manager of the enterprise is responsible for organising, implementation and improvement of safety,
environmental and water table protection activities and improvement of safety, environmental and water table
measures, together with persons with special authorisations established by the act on organisation and
classification of work places within the enterprise.

ARTICLE 64

The enterprise shall organise rescue activities and fire, hazard and other accident protection activities, in
accordance with specific qualities of the technical-technological process.
Rescue activities and fire protection activities shall be performed by capable employees in accordance with
special regulations.

ARTICLE 65

The enterprise shall keep mining supervision records with mining inspector orders entered, issued on the spot in
case of immediate life and health hazards of employees and greater material damage.
Orders of the manager and other persons with special authorisations, related to safety, issued on the spot are
entered into the records from paragraph 1 of this article.
Mining supervision records are kept for each underground mine, open cast mine, drilling or overhaul facility,
mining field during oil and gas extraction, as well as for facilities for the preparation of mineral raw materials.

ARTICLE 66

It is forbidden to take easily inflammable substances, smoking sets and other devices which may cause fire or
explosion into underground areas and other mining structures in which methane and other inflammable gases or
hazardous coal dust occur and into explosion danger zones on structures located on oil and gas fields, which
shall be labelled with danger signs in visible places.
Welding devices may be taken into and used in underground mining areas, as well as other mining structures,
only under conditions and in the manner prescribed by special regulations.
The employee handling a warehouse, storehouse or handling transport and transfer of explosives or performing
blasting activities, as well as other persons entering a warehouse for any other purpose or assisting in the
transport and transfer of explosives and blasting shall obey the prescribed safety, environmental and fire
protection measures.
Responsible persons and other employees participating in the technological process and performing professional
safety activities shall enforce and control the enforcement of safety, fire protection measures related to the
protection against methane explosion, other hazardous gases or coal dust or against mineral dust, ionising
radiation, silicosis, water bursts or fire.

ARTICLE 67

Lingering of workers at mine areas after working hours is permitted only for the purpose of performing activities
related to the technical and technological process approved by the technical operator of the mining structure.

ARTICLE 68

Employees and responsible persons shall work with full attention for the purpose of safety of their own lives and
health and lives and health of other employees, protection of mining structures, working means and other material
assets and obey the prescribed safety measures.
Employees and responsible persons not obeying the prescribed safety measures, fire protection measures and
other measures prescribed by this law, violate the work obligation.

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 ARTICLE 69

Each employee shall without delay inform the responsible person on every occurrence of danger during the
execution of mining operations, especially on the occurrence of explosive, suffocating and toxic gases, water
bursts, fire, landslides or other phenomena which may endanger the safety of employees, material goods and
property and people's lives and health.
Responsible person shall in case from paragraph 1 of this article take all necessary measures to prevent the
occurrence of heavier consequences for the safety of people and property and inform the mining inspector
thereof as well as the internal affairs authority, and in case of hazards and other accidents, the competent
inspection.

ARTICLE 70

The enterprise shall keep records on the occurrences from the Article 69 of this law, which shall especially
include: data on the type of the occurrence; its duration, causes and damages caused by it, as well as data on the
identified responsibility.
The enterprise shall without delay inform the mining inspector and the internal affairs authority on each death,
group injury or heavier work injury within the enterprise, and in case of hazards and other accidents, the
competent inspection.

ARTICLE 71

Enterprises shall in the case of accidents offer each other help without delay, except in cases when this help is
not possible for reasons of own safety.

ARTICLE 72

In case of danger for the enterprise, owners or land users shall allow the performance of activities necessary for
the removal of danger on their property.
In the case from paragraph 1 of this article, the enterprise shall compensate incurred damages.

ARTICLE 73

With regard to safety and environmental measures and other protection measures related to the execution of
mining operations not regulated by this law, provisions of special regulations regulating these protection
measures shall apply.

V - QUALIFICATIONS FOR THE PERFORMANCE OF CERTAIN ACTIVITIES DURING

THE MINING OF MINERAL RAW MATERIALS

ARTICLE 74

Activities of technical management and professional supervision, development and technical control of mining
projects, individual performance of mining measurements, individual handling of explosives and other
professional activities during the mining of mineral raw materials, may be performed by persons who meet the
prescribed conditions in terms of professional qualifications and experience and who are authorised for the
performance of these activities.
See: Article 37 of the Law – 34/2006-7

ARTICLE 75

Technical management activities may be performed by the person having a university degree in mining, three
years of work experience on corresponding activities and authorisation for the performance of these activities.

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 ARTICLE 76

Professional supervision activities during the mining of mineral raw materials may be performed by the person
having a secondary school degree in mining, i.e. other corresponding profession, three years of work experience
on corresponding activities and authorisation for the performance of these activities.

ARTICLE 77

Development of mining projects may be performed by the person having a university degree in mining, three
years of work experience on technical management and supervision activities and other professional activities for
which the project is developed and authorisation for the performance of these activities.
Development of certain parts of the mining project may be performed by the persons having a university degree
from the corresponding profession and authorisation for the performance of these activities.
See: Article 38 of the Law – 34/2006-7

ARTICLE 78

Technical control of mining projects may be managed by the person having a university degree in mining, five
years of work experience on technical management and supervision activities and other professional activities
within mining structures for which the project is developed and authorisation for the performance of these
activities.
Technical control of mining projects may be performed by persons meeting prescribed conditions for the
development of mining projects.
See: Article 39 of the Law – 34/2006-7

ARTICLE 79

Mining measurements and development of mining plans may be managed by the person having a university
degree in mining or surveying, three years of work experience and authorisation for the performance of these
activities.
Mining measurements and development of mining plans may be performed by the person with secondary school
degree in mining or surveying.

ARTICLE 80

Safety activities may be managed by the person having a university degree in mining, three years of work
experience on corresponding activities and authorisation for the performance of these activities.

ARTICLE 81

Authorisation for the performance of technical management, professional supervision, designing and other
professional activities stipulated by this law is obtained by passing a professional examination.
Professional examination from paragraph 1 of this article is passed before a committee formed by the minister
competent for mining activities, i.e. the head of the competent authority of autonomous province for candidates
from the territory of the autonomous province.
The minister competent for mining activities shall more closely prescribe the manner, conditions and program for
the passing of the professional examination, as well as conditions for the performance of other professional
activities during the mining of mineral raw materials.
See: Article 40 of the Law – 34/2006-7

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 VI - INSPECTION SUPERVISION
ARTICLE 82

Inspection supervision over the enforcement of the provisions of this law and regulations adopted for its
enforcement is performed by the Ministry through its republic mining inspectors.

ARTICLE 83

Activities of the mining inspector may be performed by the person having a university degree in mining, or
electrical engineering - energy department, i.e. mechanical engineering and work experience of at least five years
on mineral raw material mining activities, together with the professional examination passed.
The mining inspector performs the supervision of mining structures endangered by methane or hazardous mining
dust, shall have in addition to the conditions from paragraph 1 of this article at least three years of work
experience with methane mines or hazardous coal dust, or on investigation activities and oil and gas extraction.

ARTICLE 84

In the supervision of the enforcement of safety measures in mining structures, the mining inspector has in entirety
authorisations and responsibilities of the labour inspector anticipated by safety regulations.
The enterprise shall enable the inspector the access into business and operational premises, sampling of mineral
raw materials and operational material for investigation purposes, as well as obtaining of other evidence.

ARTICLE 85

The mining inspector is authorised and he shall particularly verify whether:

1) Prescribed safety measures and norms are applied, together with the regulations on the safety of persons
and immovable and movable property during the execution of mining operations;
2) Mining of mineral raw materials is performed on the basis of the mining approval, and in compliance with the
mining contract and the approval for the execution of mining operations;
3) Mining is performed on the level of parameters from the mining project in terms of the utilisation level of
identified mineral raw material reserves and their quality;
4) Technical regulations related to these operations are applied in entirety during the execution of mining
operations;
5) Investigations aimed at the restoration of the mineral resources are carried out simultaneously with the
mining of mineral raw materials;
6) Underground and surface mining structures are constructed in accordance with technical regulations and
projects;
7) Mining operations on the preparation and mining are performed according to the annual plan of these
operations;
8) Prescribed mining measurements are performed, mining plans and other documents developed and regularly
updated necessary for the execution of mining operations and measurement records kept regularly;
9) Prescribed conditions for the allocation of employees to the corresponding activities are applied and their
training performed;
10) Transport, storage and handling of explosives and liquid fuel are performed in the prescribed manner;
11) Preparatory activities, as well as overburden removal activities on open pit mines are performed in
accordance with the project;
12) Filling of mining areas or underground mines is performed in accordance with the mining method project;

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The mining inspector is authorised to order:
1) The removal of identified irregularities and defects within the deadline specified by him;
2) The suspension of further operations on a mining structure or execution of individual activities, if:
a) irregularities and defects are not removed within the specified deadline;
b) mining operations are performed without the approval or not in accordance with technical documents
based on which the approval was issued;
c) defects are established representing direct risk to people’s lives and health or property;
In addition to measures from paragraph 1 of this article, the inspector is authorised to:
1) Determine safety measures in case of life and health hazards or danger for the security of the property;
2) Inform the competent authority about the criminal act or corporate offence and file a claim for the initiation of
court proceedings;
3) Inform the other authority, if there are reasons to take actions from the competence of this authority.
The enterprise ordered to remove irregularities and defects in terms of paragraph 2 point 1 of this article shall
inform the mining inspector about their removal within the specified deadline, which shall not be longer than eight
days.
See: Article 41 of the Law – 34/2006-7

ARTICLE 86

The enterprise in which death or a group accident occurs shall inform the mining inspector thereof.
The mining inspector shall immediately on the spot examine the causes of death and group accidents, and order
actions which shall be taken without delay and submit in the shortest possible deadline a substantiated report on
the causes of the accident.

ARTICLE 87

An appeal may be lodged with the minister competent for mining activities against the order of the mining
inspector, within eight days from the day of the receipt of the order.
A complaint lodged against the order of the mining inspector does not postpone the execution of the order.

ARTICLE 88

The mining inspector shall investigate mining operations and structures at least once a year, and mining
structures endangered by methane of hazardous coal dust, at least once in every six months.

VII – PENALTY PROVISIONS

1. CRIMINAL OFFENCES

ARTICLE 89

Those organising or participating in strikes within underground mine areas or other structures from the Article 50,
paragraph 2 shall be sentenced with one to five years of imprisonment.

ARTICLE 90

Those taking easily inflammable substances into an underground mine, i.e. structure or other forbidden
substances (Article 66, paragraph 1 of this law) shall be sentenced from one to five years of imprisonment.
Those attempting to commit acts from paragraph 1 of this article shall be punished.
If the act from paragraphs 1 and 2 of this article is committed from negligence, the perpetrator shall be fined or
sentenced to prison up to one year.

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 ARTICLE 91

Those not abiding the prescribed safety measures (Article 66, paragraph 3 of this law) when entering a
storehouse, warehouse or a storeroom of explosives shall be sentenced with imprisonment from one to five years.

ARTICLE 92

- No longer valid –
See: Article 431 of the Code – 85/2005-30

2. CORPORATE OFFENCES

ARTICLE 93

Legal person shall be fined with 300.000 to 3.000.000 dinars for a criminal offence, if:
1) Performing mining of mineral raw materials without the mining approval of the mining contract (Articles 17
and 17a);
2) Executing mining operations without corresponding technical documents and the approval of the competent
authority (Articles 26 and 35);
3) During the development of the mining project it does not act pursuant to the Article 30, paragraph 2 of this
law;
4) Not performing technical control of the mining project pursuant to the provisions of the Article 32 of this law;
5) It starts using structures, premises and devices before obtaining the utilisation permit (Article 39);
6) It does not perform technical inspection of the mining structure pursuant to the provisions of the Article 41 of
this law.
Responsible person within the legal entity shall be fined with 50.000 to 200.000 dinars, for the act from paragraph
1 of this article.
See: Article 59 of the Law – 101/2005-28
See: Article 42 of the Law – 34/2006-7

ARTICLE 94

Legal person shall be fined with 100.000 to 2.000.000 dinars for the corporate offence, if:
1) It does not provide optimal technical and economic recovery of mineral raw material deposit in accordance
with modern scientific achievement and if it does not abide safety rules and other regulations on the
protection of employees’ lives and health, as well as protection measures for the safety of people and
property (Article 9);
2) If it performs mining of mineral raw materials in the area which requires special approval, without this
approval (Article 11);
3) It starts the execution of operations without an approval in accordance with the Article 13a;
4) During the performance of activities on the simplified mining design it does not act in accordance with the
provisions of the Article 37 of this law;
5) It does not report within the specified deadline the start of mining operations (Article 38);
6) It does not act in accordance with Articles 43, 47, 48 and the Article 50, paragraph 3 of this law;
7) It does not have mining plans or it does not update them regularly (Article 55);
8) It does not organise the performance of safety, fire protection and rescue activities or it does not provide
sufficient equipment and it does not organise water and environment protection activities (Article 60 and 61);
9) It does not keep mining supervision records (Article 65);
10) It continues with the execution of operations after the receipt of the order prohibiting their execution, prior to
the removal of the identified irregularity or defect (Article 85, paragraph 2, point 2)

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Responsible person within the legal entity shall be fined with 50.000 to 100.000 dinars, for the act from paragraph
1 of this article.
See: Article 59 of the Law – 101/2005-28
See: Article 43 of the Law – 34/2006-7

3. OFFENCES

ARTICLE 95

Legal person shall be fined with 50.000 to 500.000 dinars for an offence, if:
1) It does not submit the annual operations plan for the opening and mining of mineral raw materials (Article 27,
paragraph 2) within the specified deadline;
2) It does not inform competent authorities on the suspension of operations or death or group accident ( Article
45, paragraph 2 and Article 70, paragraph 2) within the specified deadline;
3) It does not keep records on hazards emerged during the execution of mining operations, causes and effects
of these occurrences (Article 70, paragraph 1);
4) It does not enable the mining inspector access to business and operational premises or inspection of plans,
reports and other documents on the state of mining operations, or interferes in any other way with the
performance inspection supervision (Article 84, paragraph 2);
5) After removal of irregularities and defects it does not inform the mining inspection thereof within the specified
deadline (Article 85, paragraph 4);
Responsible person within the legal entity shall be fined with 10.000 to 50.000 dinars, for the act from paragraph
1 of this article.
See: Article 59 of the Law – 101/2005-28

ARTICLE 96

Natural person shall be fined with 5.000 to 30.000 dinars for an offence if performing the washing of precious
metals from river alluvium without an approval, or for not delivering the washed amounts of precious metals to the
National Bank of Serbia, i.e. performs the mining on his own land contrary to the provisions of this law (Article 13,
paragraphs 3 and 4, point 2) and paragraphs 6 and 7).
See: Article 59 of the Law – 101/2005-28
See: Article 44 of the Law – 34/2006-7

ARTICLE 97

An employee working at the enterprise shall be fined with 5.000 dinars on the spot for not implementing safety
measures in terms of the provision from the Article 68, paragraph 1 of this law.
A fine from paragraph 1 of this article shall be pronounced and charged by the mining inspector on the spot.
See: Article 59 of the Law – 101/2005-28

VIII FINAL AND TRANSITIONAL PROVISIONS

ARTICLE 98

Enterprises and other legal persons to whom an approval for the mining of mineral raw materials was issued prior
to the enactment of this law, shall continue with the mining of mineral raw materials under conditions under which
they have obtained this right, therewith that they shall pay a royalty in accordance with the Government act from
Article 16, paragraph 1 of this law, starting from January 1, 1996.
The amount of funds paid by enterprises and other legal persons from paragraph 1 of this article in the name of
the royalty for the utilisation of mineral raw materials shall be determined in the contract signed between the
Ministry and those enterprises and other legal persons, by December 31, 1995 at the latest.

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 ARTICLE 99

Until the adoption of regulations from the Article 29 of this law, Rules on the Contents of Mining Projects ('Official
Gazette of the Republic of Serbia, № 10/84) shall be applied.

ARTICLE 100

As of the day on which this law comes into force the following acts shall cease to be effective:
1) Mining Law ('Official Gazette of the Socialist Republic of Serbia, fined version № 37/86 and № 11/87);
2) Provisions of the Article 9 of the Law on the Amendments of Laws regulating Fines for Corporate Offences
('Official Gazette of the Socialist Republic of Serbia, № 6/89);
3) Provisions of the Article 63 of the Law on the Valorisation of Fines for Offences from Republic Laws
Regulating Fines for Offences ('Official Gazette of the Republic of Serbia, № 53/93).

ARTICLE 101

This law shall come into force as of the eight day of its publishing in the 'Official Gazette of the Republic of Serbia'.

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