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.