LODGING AN APPLICATION FOR AN EXPLORATION PERMIT IN ITALY

“Screening Stage”


The Applicant must prepare a project which:

1. describes all the workings intended to be carried out, with maps and plans at 1:10 000 (official topography maps must be used and are available in digital form). It is wise to include all types of intervention, even beyond planned because any change will impose to resubmit the application.

2. add an environmental assessment on the impact caused by the project - an independent contractor should be used.

3. include all the authorisations required by law as well as a number of copies equal to the number of Municipalities covered by the permit.

Application is submitted to the Regional Environmental Authority which with the Regional Mining Authority evaluate the environmental and technical aspects of the project.

Final approval must come from all the Municipalities involved.

Within 60 days the Applicant will be informed in writing:

(i) rejecting the application,

(ii) suggesting amendments,

(iii) granting the permit for a period of two years,

and is acquired when 3.8 euro per hectare (2.7 acres) are paid.

A two years renewal is generally granted. There is no limit to the number of renewals but must be justified.

ITALIAN MINING LEGISLATION

Mining is regulated by the Royal decree n° 1443 of July 29, 1927, and is reference for the legislator.

The bill separates minerals which are mined from minerals which are quarried. The distinction was introduced with the understanding that ferrous- and non-ferrous metals, REE, precious metals, radioactive and industrial minerals are strategic compared to quarried minerals.

The 2001 reform transferred legal management of mineral exploration and mining from the State to Regional authorities.

Companies can search and extract minerals by obtaining prospecting permit and mining concession, respectively. When quarried minerals are mixed with metallic minerals in such a way so as not to be able to be worked separately, the Regional administration has no right to claim compensation of the former.

The procedure for assigning a prospecting permit is upon the discretional (non-objectable) appraisal of the Regional administration following a formal request, and applicants must have technical and economic capacity to carry out the undertakings.

A Mining concession is assigned without a tendering process. To be granted, the application must contain descriptions of all works to be done. The concession is transferable to third parties by inter vivos act (judicial negotiations between living persons).

Permit and concession is intended exclusive. But if a substance is not specified in the application or directed to different markets, undertakings are not incompatible with existing prospecting permit or concession.

The subject of legal boundaries must be set with landlords and Authorities related to public rights. The law which regulates extraction and urbanisation foresees that mining works must conform to building regulations, with the aim to obtain a compensation for urbanisation and construction.

Mining activity is subject to strict environmental and landscape controls.

In Regions with special Status mining must adhere to local legislations.