Reservation under the new Mining Act

A reservation notification may only be submitted by a natural person referred to in section 31 of the Mining Act, a legal person or a government institution as the reservation is made for the purpose of preparing for an application for an ore prospecting permit.


The reservation notification must be submitted directly to the mining authority, not to the local register office.

Under the new Mining Act, the amount of information required for the reservation notification has increased slightly from the notification procedure under the old Mining Act. The notification must include a necessary and reliable account of the party making the reservation, borderlines about the area reserved (reservation area) as official coordinates, and measures in preparation of the ore prospecting permit application and their schedules.

 

Obstacles to a reservation

It is not possible to reserve an area that forms part of an ore prospecting area, mining area or gold panning area unless the ore prospecting area, mining area or gold panning area belongs to the submitter of the reservation notification.


In addition, an area that has previously been a reservation area cannot be reserved until a year has passed since the expiry or cancellation of the reservation decision.


It is also not possible to approve a reservation for an area concerning which an application has been submitted for an ore prospecting permit, gold panning permit or mining permit in the manner laid down in section 34 of the Mining Act.


The mining authority must reject a reservation if, because of the size of the reservation area or for other reasons, there are serious grounds for suspecting that the party making the reservation does not meet the prerequisites for or have any apparent intention to apply for an ore prospecting permit.


Period of validity of a reservation decision

A reservation decision remains valid for a maximum of 24 months after the date of submission of the reservation notification.


The period of validity can be considered specifically for each case.


Expiry and cancellation of a reservation decision

A reservation decision will expire:

  • at the end of the designated fixed term;
  • when an ore prospecting permit has been applied for on the basis of the privilege it entails;
  • if the party making the reservation submits a notification in writing to the mining authority to request this.


The mining authority may also cancel a reservation decision if incorrect or incomplete information was given in the reservation notification or its appendices.