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Mining Law

Can the state revoke my mining license?

Yes, significant or repeated violations of license terms (e.g., non-payment of fees, failure to meet extraction quotas) can lead to administrative proceedings for license revocation.

What if the landowner refuses access?

You must negotiate a lease or purchase agreement. In rare cases where mining is of public interest, court-ordered easement or expropriation might be possible, but it's a complex process.

What is reclamation?

Reclamation involves restoring the land after mining activities are complete, such as refilling pits and restoring vegetation. It is a mandatory legal obligation for license holders.

How long do mining disputes take?

Administrative appeals within the Agency take 1-2 months. Court litigation can take 1-3 years depending on the complexity and court load.

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Mining Law: Legal Services for Subsoil Users

Mining Law is a specialized legal field that goes beyond the simple process of obtaining a license and includes comprehensive legal support for mining companies. This field regulates relationships with the state, landowners, environmental bodies, and the local population. Mining activities in Georgia often give rise to complex disputes: license overlapping, rights to access surface land, compensation for environmental damage, and risks of license revocation. Mining law specialists ensure company compliance with the "Law on Subsoil," protect investors in administrative and court disputes, and assist in signing complex investment agreements. This is a critical service for any company involved in the extraction or processing of mineral resources.

What Does This Service Cover?

Mining law experts in the Legal.ge database offer:

  • Legal Due Diligence: Checking the legal status of an existing mining license or enterprise before purchase (fulfillment of obligations, fines, litigation).
  • Administrative Disputes: Appealing acts issued by the National Agency of Mines or the Department of Environmental Supervision (fines, license suspension).
  • Land Dispute Resolution: Disputes with private owners or the state to obtain the right to use surface land (easement, forced expropriation).
  • License Condition Modification: Legal justification and agreement with the Agency for changing the mining plan, deadlines, or coordinates.
  • Environmental Liability: Challenging calculations of environmental damage and managing reclamation (restoration) plans.
  • Contracts: Preparing geological survey, drilling, and extraction contracts with contractors.

Common Situations When You Need a Lawyer

Involvement of a lawyer in the mining sector is necessary when:

  • License Overlap: Another license (e.g., water or forest) is found on your license area, causing a conflict of interest.
  • Reclamation Obligation: You finished mining, and the state demands returning the territory to its original state, which is costly, and you need to extend deadlines.
  • Public Protest: The local population blocks the quarry, demanding compensation or suspension of activities on environmental grounds.
  • Illegal Mining: Third parties are illegally extracting resources on your license territory, and you need legal response.
  • Tax Audit: The tax authority checks the correctness of natural resource usage fee payments.

Georgian Legal Framework

Mining law is based on the Law of Georgia on Subsoil, the Civil Code of Georgia (land ownership and lease), and the Administrative Procedure Code of Georgia (disputes with the state). Also important is the law "On the Rule of Expropriation of Property for Urgent Public Necessity," which is rarely used for land expropriation for strategic mining projects.

Process: How Collaboration with a Specialist Works

Working with a mining law specialist includes:

  1. Risk Analysis: Checking the company's license portfolio and identifying risks.
  2. Strategy: Developing a strategy for dispute or negotiation (e.g., with a landowner).
  3. Negotiation: Conducting negotiations with the state or private individuals to improve conditions.
  4. Court: Defending interests in court (appealing fines, compensation for damages).
  5. Enforcement: Monitoring the enforcement of decisions.

Why Choose Legal.ge?

The mining sector is one of the leading but legally most complex fields of Georgia's economy. Legal.ge is the only platform gathering lawyers of this narrow specialization. Our experts will help you protect your multi-million investment, solve land problems, and ensure stable business functioning. Trust professionals on Legal.ge.

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