[Back] [Home]

Law about the Albanian Geological Survey

REPUBLIC OF ALBANIA
 
President

DECREE
For Law promulgation

Based on the Article 28, item 4 of the Law No. 7491, 29. 04. 1991 " For the main constitutional clauses"

DECREE

Law promulgation No. 8366, 2. 07. 1998 "For Albanian Geological Survey" (AGS).


Tirana, 15 07. 1998
Decree Number 2154


PRESIDENT OF REPUBLIC
Rexhep Mejdani

THE PEOPLE'S ASSEMBLY
REPUBLIC OF ALBANIA


LAW
No. 8366, 2. 07. 1998
For Albanian Geological Survey (AGS)


Relied upon the item 16 of the Law no. 7491, 29. 04. 1991 "For constitutional main clauses", with proposal of the Council of Ministers


THE PEOPLE'S ASSEMBLY
REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

GENERAL CLAUSE

Art. 1
Aim of Law

The Law has the aim to determine the duties, bases, organization and direction principles of Albanian Geological Survey (AGS) except the Geological Survey of Oil and Gas.

Art. 2
Definitions

For the Law understanding:

  1. "State" - Means the Republic of Albania

  2. "Government" - Means the Council of Ministers of the Republic of Albania

  3. "Ministry" - Means Ministry covering the activity of AGS

  4. " Minister" - Means the Minister of Ministry covering the activity of AGS

  5.  "Person" - Means a physical or juridical person

  6.  "Mineral" - Means every substance in solid, liquid or gas conditions found in the natural shape on / or under the ground, water and within the rock, formed by the geological processes.

  7. "Mineral commodity" - Means the definition given in the sixth point, adding that it fulfill the geological, mining technologic conditions for the efficient use in the different branches of the economy.

  8. "Water reserves" - Means all the interior surface and underground waters, including the water-bearing strata and the atmospheric precipitations filling up these strata.

  9. "Water basin" - Means the definition given in the Law "For water reserves".

  10. "Prospecting" - Means the methodic phase encompassing observations, studies, and complex geologic prospecting works. The last ones carry out the qualitative assessment and provide the respective recommendations.

  11. "Assessment" - Means the qualitative and quantitative estimation of the ore deposit according to technical-economic requests of the respective stage.

  12. "Agro geology" - Means the complex study of the soils for their effective use and the protection.

  13. "Science authority" -Means the person with scientific degree and scientific title or with wide research activity.

CHAPTER II

THE TARGET OF ALBANIAN GEOLOGICAL SURVEY

Art. 3
AGS is a public juridical budgetary person, technical advisory organism of the State that with his order performs the geologic activity in the territory of the Republic of Albania.

Art. 4
Albanian Geological Survey is depended from the Minister. Its central seat is in Tirana.

Art. 5
The State represented by the Ministry is the unique owner of the Albanian Geological Survey capital and carries out its owner right in accordance with the legislation in force.

Art. 6

The target activities of the Albanian Geological Survey are the following:
· The systematic basic geological studies of the country through the complex cartography at different scales.
· Geophysical and geochemical studies at different scales.
· Prospecting and assessment of metallic and non-metallic mineral commodities, underground water sources, fresh, industrial, mineral and thermal waters.
· Hydro geological studies for the assessment of the water basins and the determination of the protection measures for water reserves.
· Environment geological studies.
· Agro geological and erosion studies.
· Topographic mapping at different scales and geodesic measurements.
· The set up of the geologic and ore deposit database, the data supply to central, local state authorities and interested subjects, preparation, publication and commercialization of the geological information.

Art. 7
The Albanian Geological Survey has the right and the duty to collect all the information and documentations in the Geological Central Archive. These data are available at the present time or have to be gathered in the future in the field of the basic geology, geophysics, geochemistry, hydrogeology, engineering geology, topogeodesy. In this process, rock and powder samples, duplicate sample are included as well. These data are handled, preserved, processed and used for AGS and the thirds, according to the rules defined in the respective under Law acts.
According to the article 110 of the Mining Law, in the Geologic Central Archive is archived the geological information, obtained from the owner of the mining permit. The last one delivers this information to the General Mining Directorate.
In this archive, the regional geological information supplied by the oil and gas studies is deposited as well.

Art. 8
Albanian Geological Survey carries out activity even for the thirds. For the abroad activity, out of Republic of Albania territory, the Minister's approbation is needed.

CHAPTER III
Organization

Art. 9

The Leading Board composed of 7 members guides Albanian Geological Survey. The Minister appoints the members for 4-year deadline with once time repetition right. They cannot be the Albanian Geological survey employees, except the General Director, and cannot have any direct interest connections with this Survey.

Art. 10
Leading Board of Albanian Geological Survey is composed of:
1. Chairman, which must be a science authority person
2. Director General of Albanian Geological Survey
3. Ministry representative
4. Representative from the Governmental institution for the development and the co-operation
5. Three science authorities with wide experience in the field of geology
Payment of the Leading Board members is determined by the Council of Ministers.

Art. 11

The competencies of the Leading Board

The Leading Board has the followed competencies:
1. Take the decisions for the execution of the development policy of Albanian Geological Survey.
2. Check-up the execution of the development program of the Albanian Geological Survey.
3. Check-up the balance sheet of the annual incomes and expenses, and present it to the Minister for the examination and approval.
4. Present to the Minister for the approval the development program of the forthcoming year.

The decisions of the Leading Board are taken by the simple majority of the votes. In the case of equal result, the chairman vote is decisive.

Art. 12

The Minister has the right to call the Leading Board whenever he consider it as a necessity, he may participate in the meeting and to guide it, but without the vote right.

Art.13

Director General makes the administrative direction of Albanian Geological Survey. In his absence, the Deputy Director provides it.

Art. 14

The Minister nominates Director General and the Deputy Director for 4-year period, with the renewal right. These persons must be with scientific authority and with work experience in the Albanian Geological Survey.

Art. 15

Director General competencies

Director General has the followed competencies:
· He manages and is responsible for the execution of the Leading Board decisions.
· Decides for all the problems, except those of the Leading Board competencies.
· Represents the Albanian Geological Survey in relation with the thirds.

Art. 16

The functioning regulations of the Albanian Geological Survey leading instances are determined by the particular rules approved by the Minister.

Art. 17
The organization structure of the Albanian Geological Survey is arranged in concordance with the activity targets of this Survey. It is proposed by the Leading Board and is approved by the Minister.
The salaries of the Albanian Geological Survey workers are determined by the decisions of the Council of Ministers.

CHAPTER IV
Modes and financial sources


Art. 18

According to the Program, detailed into the projects, Albanian Geological Survey is financed by the State budget. This one is presented to the Government through the Ministry every year. The project backing starts after the Government approval of the Program. According to the projects, the Ministry check-up and analyses the finance supporting.

Art. 19

To participate in bilateral or multilateral projects, Albanian Geological Survey presents proposals and takes approval from the Ministry and the Government organism charged for the development and the economic co-operation.

Art. 20

The Albanian Geological Survey incomes provided by the activities with the thirds, with Minister authorization, are used to reinforce the Geological Survey with equipments and technological tools, laboratory apparatus, facilities and equipments for the work environment, human resources qualification and specialization.

Art. 21

According to the Legal Legislation, when this Law will have force, all the rights and obligations of "Gjeoalba", "Hydrogeology" and "Geology-Geodesy" anonymous societies, are transmitted to Albanian Geological Survey.

Art. 22

The Council of Ministers and the Ministry are charged to proclaim the legal sub acts for the implementation of this Law.

Art. 23

This Law comes into force 15 days after the publication in the official book.
CHAIRMAN
Skender Gjinushi