of August 18, 2017 No. 517
About approval of the Regulations on recultivation of the lands broken in the course of use of natural resources
In pursuance of Article 96 of the Land code of the Kyrgyz Republic, according to article 49 of the Law of the Kyrgyz Republic "About subsoil", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Regulations on recultivation of the lands broken in the course of use of natural resources according to appendix.
2. Bring in the Order of the Government of the Kyrgyz Republic "About recultivation of lands" of July 12, 1993 No. 304 the following changes:
in Regulations on recultivation (recovery) of lands and the procedure for their acceptance for operation approved by the above-stated Resolution:
- state Item 2 in the following edition:
"2. Legal entities, irrespective of legal forms and patterns of ownership, and also the individual entrepreneurs who are carrying out prospecting, construction and other works on the agricultural or forest holdings provided to them in use shall on minovaniya of need for these lands, at own expense bring them to the state suitable for use in agricultural, forest, fish or other industry, and also submit the annual report on recultivation of lands, removal and use of fertile layer of earth on form No. 2-TP (recultivation).
Legal entities, irrespective of legal forms and patterns of ownership, and also the individual entrepreneurs developing the mineral deposits which are carrying out the exploration and other works connected with subsurface use on the parcels of land provided to them in use shall carry out works on land reclamation according to Regulations on recultivation of the lands broken in the course of use of natural resources, the approved Government of the Kyrgyz Republic.";
- the fifth Item 9 to declare the paragraph invalid.
3. Determine that:
- the subsoil users who acquired mineral right and having engineering designs on the geological studying, development of mineral deposits which are not containing project decisions on land reclamation shall within six months from the date of entry into force of this Resolution make changes to engineering designs or develop engineering designs of recultivation according to requirements of the Provision approved by Item 1 of this Resolution.
Assignments of money into the target recultivation account are calculated subsoil users in proportion to the number of the months which remained before the termination of project deadline on geological studying, mining of minerals and are made no later than monthly term from the moment of modification of engineering designs or developments of the engineering design of recultivation;
- the subsoil users having engineering designs of recultivation, including those whose engineering designs on geological studying, development of mineral deposits contain the Section of recultivation, and the making assignments shall within six months from the date of entry into force of this Resolution bring engineering designs into accord with requirements of the Provision approved by Item 1 of this Resolution and make assignments in the procedure established by the specified Provision.
3-1. Subsoil users shall during 2 (two) calendar months from the date of entry into force of this resolution translate the recultivation accounts according to Regulations on recultivation of the lands broken in the course of use of natural resources.
Subsoil users after the conclusion of the new contract with commercial bank with 100 percent state share shall notify within 7 (seven) calendar days on it authorized state body on subsurface use.
Prime Minister of the Kyrgyz Republic
Approved by the Order of the Government of the Kyrgyz Republic of August 18, 2017 No. 517
1. This Provision determines procedure and the work condition on recultivation of the parcel of land violated in the course of use of natural resources.
2. Land reclamation is performed for the purpose of preserving ecological equilibrium in the nature, recovery, reproduction and increase in fertility of soils, their use for agricultural, forestry and landscape, water management, construction, recreational, nature protection and sanitary and improving and other purposes.
3. Legal entities and physical persons, including foreign, breaking integrity of the Earth's surface in the course of use of natural resources, shall for the account of fund of recultivation bring it to the state suitable for further use to destination.
The obligation on forming of fund of recultivation extends to all subsoil users performing geological studying, development of mineral deposits irrespective of the date of receipt of mineral right.
4. The concepts used in this Provision:
object of recultivation - the lands broken in the course of use of natural resources: in case of geological studying and development of mineral deposits, including dredging of pits; the deformed surfaces of mine fields; pedigree dumps of mines and pits; ash dumps, polygons of waste; platforms of boreholes; industrial and building sites and transport communications of the liquidated (fulfilled) companies, separate objects, etc.;
post-recultivation monitoring - monitoring of high-quality condition of the recultivated lands regarding recovery of their productivity and possibility of economic use;
the engineering design of recultivation - the detailed (working) analytical and graphical documentation on recultivation of the land area including technical and economic calculations;
fund of recultivation - the means accumulated on the special account of the subsoil user in bank, intended only for work on recultivation of the lands broken in the course of use of natural resources, except for returnable use by banks for the purposes of development of economy of the Kyrgyz Republic;
the target recultivation account - the bank account opened by the subsoil user in bank in the territory of the Kyrgyz Republic with 100 percent state share for forming of fund of recultivation who can assume the paid nature of conditions of placement.
4-1. Means of the recultivation account can be used by banks on returnable basis for the purposes of development of economy of the Kyrgyz Republic via instruments of crediting and investment.
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