Mining law and the use of subsoil resources is one of the most resource-intensive and economically significant sectors in Georgia. The country is rich in mineral resources (manganese, gold, copper, construction materials, mineral waters), the extraction of which is subject to strict licensing and regulation. Mining law regulates relations between the state and private investors during the exploration, extraction, and processing of subsoil resources. This field is characterized by complex bureaucratic procedures, environmental obligations, and specific relations with the local population. Legal services in the mining sector are essential for both large international mining companies and small quarry owners to ensure the legality of operations and protect their investments.
What Does Mining Law Service Cover?
Specialized lawyers offer full services from obtaining a license to mine closure:
- Licensing: Obtaining a license for subsoil use (exploration or extraction) via electronic auction and analysis of license conditions.
- Land Rights Management: Acquiring usage rights for private and state lands falling within the license area.
- Environmental Permits: Managing the Environmental Impact Assessment (EIA) process and obtaining the ecological expertise conclusion.
- Modification of License Conditions: Extending the license validity period, specifying coordinates, or adjusting extraction volumes.
- Dispute Resolution: Disputes with the state (National Agency of Mineral Resources) regarding license revocation or fines.
- Labor Safety: Legal audit of compliance with specific labor safety regulations in mines and quarries.
Common Scenarios and Needs
It is common for a license holder to fail to start extraction within the established deadlines due to objective reasons (e.g., disagreement with the landowner). In such cases, it is necessary to amend the license to avoid its revocation. Also, during the extraction of construction materials (sand-gravel), disputes related to changing the riverbed are frequent. In the case of large mining projects, protests from the local population and lawsuits from environmental organizations are relevant, requiring qualified legal defense and mediation. Investors also need assistance with the correct calculation and payment of "royalties" (fees for the use of natural resources).
Georgian Legislation and Regulations
The main law of the sector is the "Law of Georgia on Entrails", which defines the types and rules of subsoil use. Licensing procedures are outlined in the "Law on Licenses and Permits" and relevant government decrees on auction rules. Environmental issues are regulated by the "Environmental Assessment Code". Also important are the "Tax Code of Georgia" and the "Law on Fees for Use of Natural Resources", which regulate fiscal obligations. The National Agency of Mineral Resources is the main regulatory body.
The Process: How a Specialist Works
The lawyer assists the client in preparing documentation for participation in the auction. After obtaining the license, the most difficult stage begins — purchasing or leasing land and preparing the EIA. The lawyer works with geologists and environmentalists to ensure the project complies with the law. If the Agency discovers a violation and imposes a fine or initiates license revocation procedures, the lawyer prepares an administrative complaint or lawsuit and defends the company's interests in court.
Why Legal.ge?
Mining business involves large investments and high risks. An incorrectly executed document can lead to the loss of a license and business stoppage. Legal.ge gives you access to lawyers experienced in dealing with the Mineral Resources Agency and handling mining disputes. Our platform's specialists will help you navigate complex bureaucratic mazes and successfully manage your mining project. Trust Legal.ge.
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