Target exploitation sites

1.) What is the target exploitation site? 


To make acceleration possible concerning development of domestic expressway system in Hungary, instruments had to be created to facilitate the development of the expressway system. 
Such an instrument is the so called "target exploitation site" specified by the Act CXXVIII of 2003 on the public interest and development of expressway system of Hungary (hereinafter referred to as: Aptv.) 
Sand, gravel and clay - including their variations and mixtures - may exclusively be exploited on the target exploitation site for the construction of the earthworks (ramparts) of expressways specified in Annex to Aptv. Target exploitation site for exploitation of other mineral resources may not be established. 
There is no change of ownership in terms of mineral resources exploited on the target exploitation site, it still remains in the ownership of the state and it may not be made commercially available. In respect of expenditures related to exploitation, the constructor and the actual exploiter shall make a separate agreement. 
As for legal regulation of reqisition of surface properties concerned by target exploitation sites, general rules of Act V of 2013 on the Civil Code shall apply.  
In case of damages caused by the activity, rules of mine damages considering the stricter responsibility of a hazardous plant for immediate, unconditional and full compensation shall apply. 
In case of termination of a target exploitation site the concerned area, either with limited or ceased feasibility, shall be made feasible again or - if it is impossible - arranged so that it would fit into the landscape again. This responsibility of the permitted may not be transferable and shall exclude third-party liability.

2.) Where a target exploitation site is to be established? 


For exploitation of sand, gravel and clay - including their variations and mixtures - (together referred to as: filling material) for the construction of earthworks (ramparts) of expressways falling within the scope of the present Act, a target exploitation site may be established within 10-10 kilometers of track set out in final permit for building and construction or in issued regulation based on items b-c) of paragraph (6) of Section 18  [paragraph (1) of Section 17/A of Aptv.]
The target exploitation site shall be established that its depth of operation reaches the maximum groundwater table calculated as the average of the previous 20 years not closer than 1 meter  [paragraph (4) of Section 17/C of Aptv.].
Establishment of any target exploitation site may not be permitted on mining plot for opencast exploitation as well as on protective zones of water resources, protected nature sites and archaeological sites considered as protected [paragraph (3) of Section 17/C of Aptv.].


3.) How to establish a target exploitation site?


Any target exploitation site may be established by the the Mining Authority by approving the complex operation plan attached to the application at request of either the constructor or the entrepreneur in contractual relationship with the constructor in relation to construction of the expressway [paragraph (1) of Section 17/B of Aptv.].
The permittee later - within the framework for conditions laid down in other legislation or contract - may feel free to decide whether he performs activities in connection with the establishment, operation and termination of target exploitation site himself, or commissions other contractor. Condition of performance of activity in both cases that the performer has to meet staff and equipment conditions specified in relevant legislation. 
Permitting of any target exploitation site is subject to an administration fee, it shall be paid by the applicant pursuant to Ministerial decree 78/2015 on administrative service fees and other administrative charges to be paid to the Mining Authority, and detailed rules of payment of the supervision fee. 
The application shall contain those enlisted in paragraph (2) of Section 17/B of Aptv. 
The complex operation plan shall be attached to the application. 

4.) What is the complex operation plan and its content?


It specifies planned activities for the establishment, operation and termination of the target exploitation site. 
The complex operation plan shall be completed as to ensure preservation of life, health, surface and subsurface installations, cultural heritage and arable lands for agriculture and forestry, prevention and minimization of potential damages caused by the activity as well. 
Such plan consists of technical specifications, a map documentation and annexes. 
Content requirements of technical specifications are enlisted in paragraph (4) of Section 17/B of Aptv.,  while that of the map documentation are in paragraph (5) and (6) of Section 17/ B of Aptv. 
The following shall be attached to the complex operation plan: 

•    in case of arable land, the final property authority resolution permitting utilization for other purposes, and final permit for building and construction referring to road construction. 

5.) What special aspects are there concerning the establishment, operation and termination of target exploitation sites? 


Considering safety, provisions of Ministerial decree 43/2011 on the issue of Mining Safety Regulations for opencast mining operations shall apply mutatis mutandis in the course of establishment, operation and termination of target exploitation sites. 
Should any natural, environmental or archaeological value become known in the course of operations on the target exploitation site not protectable in other way, the Mining Authority shall modify the site ex officio.

The Mining Authority shall have authority supervision (laid down in paragraph (3) of Section 43 of Act XLVIII of 1993 on mining) of operations carried out in connection with the establishment, operation and termination of target exploitation sites. 


In favour of requisition, usage and utilization of land for the establishment and operation of target exploitation site, an agreement shall be made with the owner (trustee) of the given land (also extending to requisition, usage, utilization as well as relating preliminary investigations) with that damages caused in the course of performed activity are classified as mine damages, Section 37 of Bt. shall apply mutatis mutandis concerning compensation. 

6.) How is the target exploitation site permitted? 


The complex operation plan shall be completed as to ensure preservation of life, health, surface and subsurface installations, cultural heritage and arable lands for agriculture and forestry, prevention and minimization of potential damages caused by the activity as well. The complex operation plan shall be approved by the Mining Authority considering aspects set out in paragraph (1) [paragraph (2) of Section 17/C of Aptv.].
Authority supervision (building and construction authority, building and construction supervision, labour protection, technical safety and market supervision) of performed activities on target exploitation site shall be conducted by the Mining Authority [paragraph (3) of Section 43 of Bt.]

7.) How to close the target exploitation site?


Permittee of the target exploitation site shall be obliged to restore the opencast area, of which usability has ceased or considerably restricted due to the activity, pursuant to the complex operation plan as well as make the area available for being utilized according to the original purpose, or form it fitted in the environment [paragraph (4) of Section 17/D of Aptv.].