Review article

THE MINING LAW NOW AND THEN IN CROATIA

Berislav Šebečić

Abstract

Simultaneously with the development of mining, a mining law has been developed as well. At first, ores belonged to those owning the land, while later on, the state, without any regard to its system, has been and is, in general, the owner of ore deposits so that the land owner has never been able to prevent their exploration and exploitation. It is necessary to point out that during the development of mining significantly greater changes were effectuated especially in the last century, while the financial liabilities towards the governmental authorities have remained the same and have varied from a half, one fifth, one tenth to one thirtieth and one fiftieth of the value of mineral resources, A similar situation is with the concessions granted on 50 (+50) years _or 99 years, while certain differences exist in the size od the investigated area and the ore field.
While at an earlier stage the mining law was based on regalia and decrees as well as on autonomous mining courts, by the abolition of servitude and privileges the mining law has been made to mining legislation. Due to the fact that during the socialist system the private enterprise was abolished, the Mining Law and the Law on Concessions should be, first of all, amended. By new changes of the Law, the conditions in mining should be established, under which foreign legal and physical entities could be engaged in exploration and exploitation of mineral resources with us, then the provisions relating to the exploitation of gravel and sand in the areas of interest for water resources management should be more thoroughly stipulated, etc.

Keywords

mining; law; legislation; history

Hrčak ID:

13717

URI

https://hrcak.srce.hr/13717

Publication date:

4.12.1994.

Article data in other languages: croatian

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