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Serbia prepares new Mining Law to align with EU standards and strengthen state control over critical minerals

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Serbia will soon adopt a new Law on Mining and Geological Exploration, aimed at strengthening the role of the state as the owner and manager of natural resources while promoting responsible participation of private companies in mineral exploration and exploitation.

According to the document published on the e-Consultations portal, the new law will be aligned with European Union regulations, particularly the EU Critical Raw Materials Act and the principles of the European Green Deal. The EU’s list of 34 critical raw materials includes copper, lithium, cobalt, nickel, magnesium, and rare earth elements.

Modernized framework for exploration and mining rights

A key focus of the new law will be improving the legal framework for granting exploration and exploitation rights. The goal is to ensure transparent, predictable, and economically sustainable procedures based on public interest.

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The Ministry of Mining and Energy has launched public consultations on the draft law, which will run from October 27 to November 11, allowing stakeholders to submit written proposals and comments.

Reasons for introducing a new law

Although Serbia already has a Mining and Geological Exploration Law, the government says it needs updating to address new challenges in resource management, environmental protection, and sustainable mining standards. The current law has been found to contain vague provisions that require clearer definitions and more consistent application—particularly concerning control and management of strategic and critical minerals vital for the country’s energy security and industrial development.

The new legislation will establish stricter obligations for investors regarding environmental protection, land rehabilitation, and site restoration after exploitation.

Digitalization and transparency

The law will also introduce digitalization across all administrative processes, including an integrated information system for electronic submission of requests, permits, and public access to data on exploration and mining sites.

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Subsequent bylaws will be revised to align with international classification systems and sustainable mining principles, ensuring higher transparency, environmental compliance, and responsible waste management.

State control and sustainable development

Mineral and geological resources will remain state-owned assets of public interest, with the government responsible for ensuring their rational and sustainable use for both present and future generations.

The guiding principle of the new law is state sovereignty and control, meaning the state will define strategic and critical minerals and the conditions for their exploration and exploitation.

A second key pillar will be sustainable development, ensuring a balance between economic benefits, environmental protection, and social responsibility. This includes the preservation of ecosystems, rational use of land and water, and mandatory land restoration after mining operations.

Public participation in the lawmaking process

The Ministry invites citizens, experts, and organizations to send written comments to sektor.geologijairudarstvo@mre.gov.rs during the consultation period.

Public consultations are the first stage of public participation in drafting legislation, aimed at gathering input on existing challenges, identifying necessary reforms, and shaping effective policy options. They will be followed by a public debate, where the formal draft of the law will be reviewed before its final adoption.

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