201 Buletin Știin Ńific al Universit ăŃii de Nord Baia Mare Seria D, Exploat ări Miniere, Prepararea SMU, Metalurgie Neferoas ă, Geologie și… [615932]

201 Buletin Știin Ńific al Universit ăŃii de Nord Baia Mare
Seria D, Exploat ări Miniere, Prepararea SMU, Metalurgie Neferoas ă, Geologie și Ingineria Mediului, vol.XXV, Nr.1, 2011

CONSIDERATIONS ON THE ACHIEVEMENT OF THE MINING
CADASTRE IN ROMANIA

ȘTEFAN OVIDIU, RADULESCU MT GHEORGHE, B ĂDESCU GABRIEL
North University of Baia Mare, Romania

ABSTRACT: Mining Cadastre is Cadastre specialty in the field of mining exploitation, being a subsys tem of
records and a systematic register of the properties related to the mining activities (land, buildings, surface and
underground installations) from technical, economic al, juridical point of view. These should be connec ted with all
the necessary works for registering in the technica l documents of the general survey and the land regi stration
documents of the mining activity.

KEY WORDS: Mining Cadastre, cadastral plan, cadastral registe r, cadastral numbering, cadastral delimitation

1. INTRODUCTION

The existence of rich deposits of minerals and coal deposits in Romania has spurred the
early development of mining in our country. Today, this activity is evidently declining.
Restructuring of the mining industry in our country affected this activity, so the number
of properties of mining company asset remained avai lable or can be made available for use for
other purposes to achieve the benefits of favorable effects in terms of the correct and effective
the real estate in equipment but it is necessary an d important achievement mining cadastre.

2. OBJECTIVE, AND SAME SPECIFIC TERMS AND NOTIONS
MINING CADASTRE

The objectives that are expected to be fulfilled by executing min ing survey works in
Romania are as follows:
– determining land surfaces with or without buildings owned by mining companies;
– administration and proper management of heritage mining companies and defending the
real estate rights by nominating the properties in the cadastral registers and land books
and mining books;
– providing a correct basis for establishing taxes, f ees owned to the state for mining
activities both at the surface and in the undergro und, according to the acting legal
framework;
– establishing the mining area from juridical point o f view (exploitation and exploration
mining perimeters) by including the lands used for mining works into the general
cadastre.
The contractors of the mining cadastre works must b e physical or juridical persons
authorized by ANCPI (The National Agency of Cadastr e and Land Registration), and the
underground cadastre works will be executed by auth orized persons according to the Mining
Surveying Regulation.
Some of the specialized terms and notions for this cadastre specialty are:
Mining Book – a component of the extractive cadastr e that comprises all the data
concerning the legal framework of the surfaces incl uded in the prospective, exploration and
exploitation of the perimeter and the ownership an d topographical situation of the works
specific to mining activities, mineral resources an d production;

202 General topographical plan – graphical representati on, at a smaller scale than of the
cadastral plan, containing the entire surface of th e administrative territory as a result of the
generalization of the elements contained in the top ographical plan.
Mining projection plan – contact plan of the refere nce in point „0" that is the projection
of a point situated approximately in the centre of the mining basin;
Reference Surface in the Mining System – level surf ace of „zm” mark, equal to the
medium mark of the ensemble of the mining works. Th e point of origin and the orientation of the
reference direction have common elements with the g eodesic state network.
Layer – a logical group of data that can be assimil ated to some clear foils laid over a
drawing.

3. STAGES OF A MINING CADASTRE WORK

The activity of this cadastre specialty is legally regulated by the following specific
normative laws, together with the general regulatio ns of the cadastre activity: The Mines Law
no. 85/2003 and methodology and Mining Survey Regul ation approved by the Decision no. 9 of
the Ministry of Industries, Department of Mines and Geology.
3.1. Geodesic Networks
To achieve the thickening network of support and wi ll use the national geodetic network
points or new networks will be achieved using GPS t echnology. Land measurements are based
on points from the geodesic state network and accor ding to the necessities it can be thickened so
that the density of the points could ensure the top ographical and cadastral works, taking into
consideration the fact that the existent topographi cal works taken in the Mining Reference
system (Padure, 1995).
The points of support and measurement will satisfy the precision conditions imposed by
the Technical Normative for Introducing General Cad astre, as provided by ONCGC, being
determined in the Stereographical projection system 1970 and in the own system of the mining
basin and according to the reference system Black S ea 1975.
In the mining facilities of the minig companies and in each of isolated properties will be
placed at least 3 landmarks, at a distance of appro x. 250-500 m one from the other. The
landmarks will be placed in safety zones, all condi tions of stability, accessibility and visibility
being provided.
3.2. Cadastral Delimitation of the Mining Perimete r
The delimitation of the location is established by a delimitation committee, appointed by
decision of the director of minig company, owner of the license, that is formed by a experts
representing both the beneficiary and the contracto r, a representative of the local council of
comunity and other members as required by the regul ations of ANCPI.
The acceptance and the internal certification of th e cadastral works will be carried out by
a committee appointed by decision of the license ow ner. The committee will check on-site the
correspondence of the elements with those mentioned in the plan.
The representatives of the mining unit and of the c ontractor are expected to sign a
delivery-receiving report (an acceptance report of the location) that describes the location of the
mining entity and its boundaries.
In the case where there is no stable delimitation, the limit will be marked in the break
point of boundary. For each boundary breaking point of the perimeter, assumed in legal
documents and neighboring protocols, and also for t he marked points or immaterialized points,
the coordinates will be determined in the Stereogra phic 1970 projection system, topographical
descriptions being provided (T ămăioag ă Gh, 2005).
A file of cadastral delimitation will be prepared t hat mainly contains the following
documents:
– technical memorandum;

203 – data provided from the processing of land measureme nts, on magnetic support file of
ASCII;
– the diagram of the taken measurements (sighting lin es);
– for each building unit, OCPI registers the cadastra l number and surface;
– the constitution document of the delimitation commi ttee;
– the general diagram of the boundary limits of the l ocation, at a convenient scale of
(1:5.000, 1:10.000), with the numbering of points;
– register diagram and topographical description of t he materialized points on the boundaries
of the location and inventory of the coordinates fo r all the points on the boundary of the
location;
– the calculated surface resulted from the coordinate s of the points situated on the boundary
of the location
– the protocol of cadastral delimitation and neighbor ing, as provided by the acting legal
provisions.
3.3. Content of the Cadastral Plan
Setting up and compiling the cadastral plan in an a nalogical/and digital format must
respect the following standardized provisions:
– the general cadastral plan is made as a rule, at a scale of 1:2.000, 1:5.000 or 1:10.000 and
contains the entire surface of the assigned buildin g units;
– the basis cadastral plan is made at a scale of 1:2. 000 or 1:1.000 for platforms, warehouses
etc., and at a scale of 1:500 for the mining units or isolated property units (ventilators, air
shafts, etc.);
– creating the tables (in analogical format that can be modified) for the general cadastral plan
and for the basis cadastral plan, is made in accord ance with the choice of the beneficiary, in
different formats: A4, A3, A2, A1, AO, taking into account the scale representation of the
usable surface and in the own reference system of t he mining basin, as provided by „Caiet
(Booklet) D.G.M. 005 – 67”.
Setting up and compiling the topographical-cadastra l plan in an analogical/and digital
format must respect the following standardized prov isions:
– the digital topographical plans and the digital cad astral plan are structured on different
layers and can contain all information described in detail with a precision of +/- 10 cm;
– the representation of the content details will be m ade, taking into consideration the scale
and respecting „The Atlas of Conventional Signs for Topographical Plans at the Scales of
1:5.000, 1:2.000, 1:1.000 and 1:500”. The main elem ents that must be included in the
topographical plan of the surface are the property boundaries and the facilities used for
mining activities.
The digital topographical plan will be structured o n layers, administered on a Geographical
Information System (GIS), it may contain the follow ing layers:
– old points of triangulation, specific for the minin g area and points of the basis geodesic
network;
– juridical boundaries of the mining area and indicat ion of the neighbors ;
– stereographic grid and grid of the mining system in the current basin;
– symbol that marks the rayed point and number of the rayed point;
– measuring points and boundary of the facility;
– green areas (protection wood side, decorative etc. );
– limits of the minor course and of the major course, axis or river flow;
– road ways and railways;
– level curves according the drawing scale;
– technological platforms and warehouses;
– surface mining constructions (mining shafts, air s hafts, transporting bends etc.);
– drills and buildings;
– electrical pillars and surface transport networks;

204 – underground networks (communication, electrical, wa ter, compressed air, channels, etc.);
– geological exploitation limits;
– limits of the legal documents that certify the owne rship or the administration rights for that
property;
– lots (encumbrance fond), near the influence area of the mining objective (dominant fond);
– delimitation from the land lots of the neighbors, i ndicating the owners;
– administrative-territorial limits and urban buildab le components;
– affected land (quarries, brown fields, tailing pond s, subsidence areas etc.);
– properties under litigations;
– delimitation of the land on taxing criteria (perfo rmance polygons);
– cadastral numbering.
3.4. Cadastral Numbering and Cadastral Registers
The cadastral numbering of the property units is ma de by the Cadastral and Land
Registration Offices (OCPI), according with art. 10 .2.2 of the Technical Regulations for
Introducing the General Cadastre (5).
The cadastral numbering of the property units used for mining activities that present
linear details as for example: river flows, channel s, dams, railroads, classified roads, are
numbered separately for each urban buildable area a nd outside the buildable area. The linear
details are give a single cadastral number for the entire length (exception for under-crossings),
for each urban buildable area and one single cadast ral number for the areas outside the urban
buildable and their sections, created within the in tersection with other linear details (separately
for urban buildable and outside the urban buildable ).
The elaboration of the technical cadastral document ation of the mining objectives with
the purpose of nomination in the cadastral register s will be accomplished with the notification of
the OCPI, in accordance with the regulations and te chnical norms of the ANCPI.
The topographical documentations made for establish ing and evaluating the land of the
trading companies with state participation, accordi ng to the Government Decision no. 834/1991
and the subsequent modifications, will be accepted with the purpose of registering in the land
book for a non-definite term, with the condition of being updated by authorized professionals,
adapted to the technical normative and certified ac cordingly with the legal previsions of the
OCPI.
Updating and maintaining the cadastral works in the filed of mining will be made with a
regularity of maximum 6 years, or whenever it is ne eded.
After this stage is accomplished the final acceptan ce will be certified by a sign protocol.
The internal acceptance of the cadastral mining wor ks will be done only if it is proved that the
documentation has been elaborated by a authorized e valuator and if the receiving protocol has
been issued by OCPI.
3.5. The Topographical – Cadastral Documentation of the Mining Cadastre
The documentation that has been obtained by accompl ishing the mining cadastral works
contains the following pieces ( Ștefan, 2009):
– Certification for starting the works, issued by OCP I;
– Theme of the work, and technical memorandum;
– Delivery report of all the objectives, accompanied by the proper diagrams signed by the
representatives of the beneficiary and of the contr actor;
– Inventory of coordinates of the radiant points (in the Stereographic – 1970 projection
system and the projection system of the mining basi n) and register diagrams;
– Topographical descriptions of points of survey netw ork;
– Calculation and compensation of the coordinates of the points of survey network;
– The file of the property unit, according to appendi x no. 1 of the Technical Regulations for
Introducing the General Cadastre;
– The cadastre register of the lots located on the t erritorial administrative unit, according to
appendix no 2 of the Technical Regulations for Int roducing the General Cadastre;

205 – Alphabetical index of the land owners an their resi dence according to appendix no 3 of
the Technical Regulations for Introducing the Gener al Cadastre;
– The Cadastre register of land owners on that territ orial- administrative unit according to
appendix no 4 of the Technical Regulations for Int roducing the General Cadastre;
– The register of the property units according to ap pendix no 5 of the Technical Regulations
for Introducing the General Cadastre;
– Summarizing card on land owners groups and usage ca tegories, that will indicate the total
surface according to appendix no 6 of the Technic al Regulations for Introducing the
General Cadastre;
– Digital topographical/cadastral plan and delimitati on documentation;
– Technical evaluation documentation and final accept ance protocol.

4. CONCLUSIONS

In the context of the reorganization of the mining industry, many properties from the
miner patrimony have become free of obligations and in the situation of a high demand of
properties located in the buildable urban area; the re are several properties that are available for
different purposes that can generate favorable bene fits if used correctly and efficiently.
Nevertheless, the correct use of the available prop erties can be done only if there is a
correct evidence and identification of the owned pr operties. The correct and complete evidence
imposes under the legal framework, the elaboration of the mining cadastre in Romania and entry
in the land of the properties as a first but most c rucial step towards the efficient use of the owned
properties.

REFERENCES
[1] P ădure. I. (1995), Land Cadastre, edit. Universit ăŃii Petro șani.
[2] Ștefan, O. (2009), Cadastre specialist, Edit. Risopr int, Cluj Napoca, ISBN 978-9732-751-974-0;
[3] T ămăioag ă Gh.(2005), General Cadastre and Cadastre specialis t, Edit. Matrix Rom, Bucure ști, ISBN 973-685-
931-2;
[4] *** Cadastre and Land Registration Law, L 7/199 6
[5] *** Order no. 534/2001, concerning the approval of the Technical Regulations for Introducing the G eneral
Cadastre

Reproduced withpermission ofthecopyright owner. Further reproduction prohibited without permission.