Algeria Mining Act 2001
Algeria Mining Act 2001
Algeria Mining Act 2001
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which shall be set amicably by the parties.<br />
In the absence of an amicable settlement the dispute shall be submitted to the<br />
competent jurisdiction.<br />
Article-137-No construction work can be undertaken on a private or already assigned land<br />
unless the requirements set forth in articles 135 and 136 hereabove are<br />
fulfilled.<br />
The occupancy of the lands located within the safety perimeters referred to in<br />
article 58 above must have the prior authorization of the wali having<br />
jurisdiction in the territory, with the assent of the national geologic<br />
department and give rise to an allowance set in accordance with article<br />
136 hereabove.<br />
Article-138-The occupancy of lands covered by the national domain, assigned or not, or<br />
belonging to persons governed by private law, shall be free of charge, if it has<br />
the mission of mining prospection and exploration and if it does not cause<br />
damages.<br />
Article-139-Whenever the occupancy executed in this manner or the exercise of auxiliary<br />
rights deprives the owner, holders of real rights, recipients or other interested<br />
parties of the enjoyment of land during a period exceeding three<br />
(3) years or if after the performance of works the occupied lands are nolonger<br />
adequate for the prior utilization the interested parties may solicit:<br />
• Either the grant of a supplementary allowance<br />
• Or the assignment of the land to the holder of the mining claim.<br />
In both cases the assessment of the value of the land to be acquired dates<br />
from the date of occupancy.<br />
SECTION- 2INCUMBRANCES<br />
Article-140-The holder of a mining claim may, in accordance with the conditions set forth in<br />
this law and the corresponding enforcement regulations, be entitled to the<br />
legal acces, passage and aqueduct incumbrances, necessary to his facilities<br />
or the operation of his mining holding.<br />
Article-141-In the event of inclusion and in the absence of an amicable settlement with the<br />
interested parties, the holder of the mining license may, by a decree of the