of December 4, 2018 No. 983
About measures for further enhancement of management system and control in the sphere of geological studying, use and protection of subsoil
1. Approve:
Regulations on procedure for provision of mountain branches for development of the fields of minerals according to appendix No. 1;
Regulations on procedure for provision of mountain branches for the purposes which are not connected with mining according to appendix No. 2;
Regulations on procedure for write-off from accounting of the subsoil user of inventories of the minerals extracted and lost in the course of production according to appendix No. 3;
Regulations on procedure of the state control in the sphere of geological studying, use and protection of subsoil according to appendix No. 4;
Single rules of protection of subsoil in case of development of the fields of minerals according to appendix No. 5.
2. To the state committee of the Republic of Uzbekistan on geology and mineral resources:
till December 31, 2018 critically to study earlier issued gornootvodny acts and if necessary to issue according to the procedure, established by this resolution, updated gornootvodny acts on field development, and also for the purposes which are not connected with mining;
strengthen control of activities of users in the sphere of conducting mining-and-geological works and protection of subsoil;
together with National broadcasting company of Uzbekistan, the Uzbek agency on seal and information, and also with other mass media to carry out broad explanatory work among subsoil users about essence and contents of this resolution.
3. To the state committee of the Republic of Uzbekistan on geology and mineral resources together with the interested ministries and departments in two-month time to bring the regulatory legal acts adopted by them into accord with this resolution.
4. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 6.
5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan A. S. Sultanov and the chairman of the State committee of the Republic of Uzbekistan on geology and the mineral B.F resources. Islamova.
Prime Minister of the Republic of Uzbekistan
Abdullah Aripov
Appendix №1
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of December 4, 2018 No. 983
1. This Provision determines single procedure for provision of mountain branches for development of the fields of minerals in the territory of the Republic of Uzbekistan, including technogenic mineral educations, rudoproyavleniye and small loose sites which development in case of the created technical and economic environment can be reasonable.
2. Mountain branch is called the geometrizovanny subsurface area limited on the square and at depth, provided in use according to the license and for the purpose of, specified in the license for mineral right (further - the license).
3. Mountain branch for development is provided based on the gornootvodny act which is the document certifying the right to use of natural resources according to the license.
The form of the gornootvodny act is given in appendix No. 1 to this Provision.
4. This Provision is obligatory for all subsoil users, irrespective of the patterns of ownership performing designing, construction, reconstruction, expansion of the companies for mining including technogenic mineral educations.
5. Development of the field of minerals or its part without receipt of the license and mountain branch or beyond its limits is forbidden and stops in accordance with the established procedure, without compensation of the made costs.
6. Mountain branches for development of the fields of minerals can be provided to legal entities and physical persons of the Republic of Uzbekistan, other states, the stateless persons which drew up (received) in accordance with the established procedure the gornootvodny act based on the license for right to use by subsurface area.
7. Mountain branch for development of the field of minerals or its part is provided provided that inventories of the main and together with them the lying minerals and the components containing in them are approved by the State Commission on Mineral Reserves under the State committee of the Republic of Uzbekistan on geology and mineral resources (further - GKZ) and the field is transferred in accordance with the established procedure to industrial development, and also in the presence of the license and the approved construction project, reconstruction or expansion of the company for mining executed taking into account requirements of rules and regulations for protection of subsoil and safe operation.
8. Trial mining is performed without provision of mountain branch (except for oil and gas deposits) based on the license granted for the term of carrying out geological studying, but no more than 5 years, and the project approved in accordance with the established procedure and approved with specially authorized bodies in the field of regulation of the mountain relations. After the end of pilot works, before industrial development the user shall draw up mountain branch according to the procedure, determined by this Provision.
9. Trial oil and gas extraction is performed based on the license granted by the State committee of the Republic of Uzbekistan on geology and mineral resources for the term of no more than three years, and the mountain branch provided by Inspectorate for control of mining-and-geological activities under the State committee of the Republic of Uzbekistan on geology and mineral resources (further - Inspection) with execution in accordance with the established procedure of the gornootvodny act.
10. Projects of mountain branches and technological schemes of experienced and technical operation can be constituted on quickly approved inventories. Input of the field in trial operation is possible in case of observance of requirements imposed to this stage of development. Procedure and requirements for issue of urgent mountain branch the same, as for termless.
11. For the under construction, reconstructed and extending companies for mining mountain branches are drawn up prior to the beginning of construction, reconstruction or expansion of these companies.
12. Withdrawal of the parcel of land for construction of the company for mining and development of the field of minerals is drawn up after receipt of mountain branch according to the procedure, provided by the land legislation of the Republic of Uzbekistan.
13. Transfer by the subsoil user of the mountain branch provided to him to other legal entities and physical persons is forbidden. In case of change of the name of the company the act of mountain branch and text on the copy of the topographical plan are renewed.
14. Provision of mountain branches for development of the field of minerals under the territories where the companies, buildings, constructions, settlements, objects of town-planning activities of special regulation of nation-wide and local value, especially protected territories are located (resorts, forest parks, reserves, sources of water supply and others), the rivers, reservoirs, monuments history, cultures and arts, valuable agricultural holdings, borderlands, airfields, grounds of special purpose, right-of-ways, the strengthened areas, cemeteries and other objects, is made after coordination with public authorities on places, Goskomecology, self-government institutions of citizens, and also the legal entities and physical persons having in the procedure established by the legislation the right of permanent and temporary use by the parcels of land located in the territories provided for mining operations.
15. Provision of mountain branches within lands of special purpose is made according to the legislation.
16. Availability of right to use (ownership) of the parcel of land does not grant the right to development of the minerals lying on this site, except as specified, provided in Item 18 of this Section.
17. Financing of works on construction, reconstruction and expansion of the company for mining is allowed only in the presence of the act certifying mountain branch and also the positive conclusion of the state environmental assessment and stops with withdrawal of the last.
18. Land owners and land users have mineral right within the parcels of land provided to them for the purpose of production for economic and domestic needs of popular minerals, ground waters without receipt of the license and the act of mountain branch in case of observance of the following conditions:
production of popular minerals shall be made by open method, one ledge no more than two meters high and in coordination with Inspection;
works shall be conducted with observance of safety regulations;
the issue of removal and preserving fertile layer, and also the subsequent land reclamation shall be resolved;
in 10 days prior to mining operations the Inspectorate and regional authorities shall be informed;
the extracted popular minerals and ground waters shall be used only for economic or domestic needs of the owner (user) of the parcel of land.
Sale or transfer for the purpose of receipt of benefit of the extracted minerals to other companies, the organizations, organizations and citizens are not allowed.
19. Mountain branch is provided to the subsoil user on all square and depth of the approved inventories transferred to industrial development under the act of transfer acceptance of the field to industrial development.
This requirement extends also to the complex fields provided by several types jointly of the lying minerals.
20. On development of the giant field of minerals mountain branches in exceptional cases can be provided to two or several subsoil users having licenses for right to use by certain sites of this field.
21. In need of development of the fields of different types of the minerals lying on one square, mountain branches are provided separately for development of each field. In this case, and also in case of development of the giant field of minerals by several subsoil users the sequence of working off of fields or their parts and agreement of mining operations shall provide the most complete, complex and economically reasonable extraction from subsoil of explored reserves, fulfillment of requirements of the legislation on subsoil and safe operation.
In case of development of the oil and gas horizons on one platform by two subsoil users two independent mountain branches according to the procedure, determined by this Provision shall be drawn up.
22. Borders of mountain branch for development of the fields of solid minerals are determined by contours of the approved GKZ of inventories or their parts, including categories C, in the amounts resolved GKZ for designing taking into account zones of displacement of rock formation or rating of pit walls.
On oil and gas fields of border of mountain branch are established on contour of the approved GKZ of inventories of categories A+B+C1, separately for each deposit. For the fields finished with investigation with recoverable oil reserves to 1 million tons and gas to 3 billion CBM of border of mountain branch can be established on contours of inventories of categories A+B+C1 and C 2, of the accepted GKZ.
For fields which development is provided using edge water flooding borders of mountain branch are established on perimeter of arrangement of zakonturny delivery wells.
It is forbidden to leave outside mountain branch the sites of the field, ore bodies, veins and deposits unsuitable for independent development.
23. Prirezka for the purpose of involvement in development of the sites of the field located outside mountain withdrawal of operating plant is drawn up as new mountain branch according to the procedure, determined by this Provision.
24. Mountain branches for the coal fields put by suite of layers and ore bodies are drawn up on all layers and ore bodies of deposit. Provision of mountain branch on separate formations and ore bodies of deposit is allowed by way of exception if dredging of these inventories does not exert adverse effect on other layers and ore bodies or does not complicate their development further and will not lead to additional losses of mineral raw material in subsoil.
25. Provision of mountain branches for coal production within the coal fields developed by method of underground gasification, and also provision of the mountain branches for underground gasification within the coalfield developed by open or underground method is allowed only on special projects and in the presence of the expert opinion on safety of mining operations around underground gasification and about lack of adverse effect of gasification on the neighboring mineral deposits.
26. Mountain branches for development of the fields of minerals can be termless and urgent.
In cases of urgent use mountain branches are provided for the term provided by the license, and for oil and gas fields - for the term of no more than 5 years. If necessary the validity of mountain branch can be extended. In case of prolongation of effective period of mountain branch only the act of mountain branch and text on topographical plans are renewed.
27. Projects of mountain branches on development of the fields of minerals shall be developed, as a rule, by the specialized project organizations registered in bodies of Goskomecology and Inspection. Project development of mountain withdrawal by design bureaus of the companies for mining is allowed.
When designing construction, reconstruction or expansion of the company for mining (in case of project development of mountain branch as a part of the engineering design) the project organization determines the main technical and economic indicators, the sizes, borders and other key parameters of future mountain and land branches, and also the measures providing rational use of inventories of minerals, protection of the surrounding environment, workers and the populations, buildings and constructions from adverse effect of the mining operations connected with field development.
28. The project of mountain branch for development of the field of minerals shall consist of the explanatory note and graphical materials.
29. In the explanatory note the purpose for which mountain branch is asked is specified, and need of its obtaining is proved, and also the following data are provided:
the name of the organization performing designing of the company for mining, which approved and approved the project and also the organization which prepared the project of mountain branch;
general information about the territory of the asked mountain branch (geographical and administrative location, area size, nature of agricultural and forest holdings, degree of development, use, etc.);
the short geological characteristic of the field (the sizes and elements of bedding of layers, ore bodies, veins, etc.), mining-and-geological and hydrogeological conditions of field development, general information about adjacent mountain branches;
extent of exploration of the field, data on quantity, quality, categorization and the material structure reconnoitered and approved, quickly considered inventories of the main and together with them the lying minerals, and in case of open-pit mining - as well overburden breeds;
reasons for borders of mountain branch;
measures for complex use of mineral raw material in case of production and subsequent its conversion.
30. Graphical materials shall consist of the copy of the topographical (hypsometric) plan of surface in project borders of mountain branch and copies of the geological (structural) cards and cuts constituted according to requirements of the existing instructions and methodical instructions.
On the copy of the topographical plan of surface the relief of surface and Items of basic geodetic network, exits of deposits of minerals to the land surface or under deposits, mouths of the existing mine workings (mines, adits, holes, etc.), exploratory and other wells shall be shown; contours of forest and agricultural holdings, the project and existing borders of land use, settlements located on the area of the field and near it construction, the building, their number of storeys, borders next and the asked mountain branches, land branch with designation of angular points and borders of safe conducting mining operations.
In free part of the topographical plan the area (in hectares) is specified to projection of mountain branch to the horizontal plane, values of the coordinates of H, U, Z angular points of the asked mountain branch determined graphical according to the plan and to cuts, completion date of the plan.
From above on the right side of text on the copy of the topographical plan the angular stamp on sample according to appendix No. 2 to this Provision is filled.
The scale of the copy of the topographical plan is increased depending on the sizes of the represented site, nature and appointment of legal entity or physical person on mining, but there shall be at least 1:5 000.
For the mountain branches having significant area provision of the copy of the topographical plan in scale from 1:5 000 to 1:25 000 is allowed.
One of copies of the topographical plan provided for registration of mountain branch shall be made on the linen tracing-paper, lavsan or other materials providing stability of fixing of seal on them and long-term storage.
On copies of geological cards and cuts the geological structure of the field and the adjacent territory, contours of deposits of minerals, their exits to the land surface or under deposits, tectonic disturbances, places of washouts, vyklinivaniye and other sites, unsuitable for use, shall be shown; hydrogeological and engineering-geological field situation and the next to it territory; contours of calculation of the approved and quickly considered inventories of minerals, contours of the asked mountain branch on the square and at depth.
31. In the project of mountain branch for development of the fields of coal also hypsometric plans of all reconnoitered layers in scale 1:5 000 with drawing on them project contour of mountain branch shall be represented.
On the topographical plan contours of mountain branch for development of the fields of the coal consisting of two and more layers are determined by projections of extreme angular points taking into account the angles of displacement.
32. In case of receipt of mountain branches for development of the fields of oil and gas instead of the geological card structural cards on each industrial oil or gas horizon with indication of borders of inventories of categories of A+B+C and C on the scale of at least 1:50 000, and also the geological profiles coordinated to the structural card (lengthways and to pro-deleting cross) shall be provided whom depths of productive suites and the horizons are specified.
33. Shall be attached to the project of mountain branch:
the copy of the act of transfer acceptance of the mineral deposit for industrial development, for oil and gas fields, besides, the copy of documents on approval of the project of their development;
the construction project approved and approved in accordance with the established procedure, reconstruction or expansions of the company for mining (returns to the subsoil user after consideration of the project of mountain branch);
in writing drawn up consent of the land user with provision of land branch;
the petition of the higher organization on subordination for provision of mountain branch (if the user of nature is independent, this petition is not required).
The inspectorate independently receives the documents and information, necessary for issue of mountain branch, which are available in other authorized bodies, in accordance with the established procedure by means of information exchange, including in electronic form, except for the documents and information provided by this Item.
34. The project of mountain branch is signed by the director (chief engineer) of the project organization and the director, asking mountain branch, their signatures are fixed by seal.
35. The legal entities or physical persons which obtained the license for the right of development of the field of minerals or its site send to Inspection the request in which are specified the name of legal entity or physical person, its departmental subordination and the address, location of mountain branch.
The project of mountain branch with necessary appendices is attached to the request in duplicate.
The request is signed by the head of legal entity or physical person which will develop the mineral deposit.
Provision of mountain branches for development of the fields of minerals is performed according to the scheme according to appendix No. 3 to this Provision.
36. The inspectorate if necessary with participation of the representative of the company interested in receipt of mountain branch considers the provided materials and passes the relevant decision no later than 10 days after receipt of the request.
37. The inspectorate in case of the solution of question of provision of mountain branch considers and checks:
availability of documents which shall be attached to the project;
correctness and justification of borders of mountain branch taking into account requirements of the legislation on subsoil and this provision;
the construction project, reconstruction or expansions of the company for mining for which mountain branch, regarding completeness and justification of project decisions on the questions connected with rational, complex use of the field and protection of subsoil, safety for the health and life working and the population, protection of buildings, constructions and other objects from adverse effect of mining operations is asked;
measures for land reclamation.
38. The solution of Inspectorate for results of consideration of the project of mountain branch is reported to all interested organizations.
In case of disagreement with the solution of Inspection it can be appealed in the court according to the procedure established by the legislation.
39. The act certifying provision of mountain branch is constituted in duplicate. The signature of the head of Inspection on the act of mountain branch and angular stamp of the topographical plan is fixed by seal.
Issue of the acts certifying provision of mountain branch is allowed only on the forms produced by typographical method and completed without corrections and blots.
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