RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 29, 1998 No. 199

About approval of Rules of provision of the status of geological branch to the subsoil plots allocated for the purpose of geological studying

Due to the execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About subsoil" of April 27, 1998 the No. 701 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of provision of the status of geological branch to the subsoil plots allocated for the purpose of geological studying" (are attached).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 29, 1998 No. 199

Rules of provision of the status of geological branch to the subsoil plots allocated for the purpose of geological studying

1. General provisions

1.1. These rules are prepared according to the Law of the Azerbaijan Republic "About subsoil" and the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About subsoil" of April 27, 1998 No. 701 and determine rules of provision of the status of geological branch to the subsoil plots allocated for the purpose of geological and geoecological studying.

1.2. On the basis of these rules geological branch is provided by the State Agency on use of mineral raw material resources (with participation of the Ministry of Economics of the Azerbaijan Republic in case of direct negotiations on use of precious and non-ferrous metals (including precious) metals, gemstones and their manifestations) and extends to the subsoil plots allocated for the purpose of geological and geoecological studying.

1.3. Within borders of the same geological branch the same or raznotselevy works on geological studying of subsoil on the basis of special consent or permission can be carried out. In this case relations of owners of special consent or the permission operating within borders of the same geological branch are determined in case of issue of special consent or permission.

1.4. The state Agency on Mineral Resources (further - the Agency) sets parameters of subsoil plots to which geological branch, and the number of such sites is issued.

1.5. If the mineral deposit found in the course of geological studying of subsoil goes beyond the provided geological branch and special consent or permission to this site is not issued to other person, borders of geological branch on the basis of the statement of the owner of special consent or permission can be expanded with complete scope of the field about what the corresponding addition is made to special consent or permission by the body which issued it.

1.6. Geological branch for geological studying of subsoil in especially protected territories is provided according to the status of these territories and the relevant legislation.

1.7. Subsoil users cannot give the geological branch provided to them to other legal entities or physical persons for permanent or temporary use.

2. Procedure for provision of geological branch

2.1. Geological branch is the document issued for the purposes of geological studying of subsoil, establishing borders of subsoil plots (the model of geological branch is applied).

2.2. For receipt of geological branch legal entities and physical persons shall submit the following documents to the Agency:

2.2.1. The statement on receipt of geological branch.

Are specified in the statement:

for legal entities - the name of the legal entity, its form of business, legal address;

for physical persons - name, middle name, surname, these identity certificates (series, number when also by whom it is issued, the address);

2.2.2. form No. 3 of group of companies for state registration of works which will be performed on the subsoil plot allocated by the Agency for the purpose of geological studying;

2.2.3. the plan of the subsoil plot allocated for use for the purpose of geological and geoecological studying. In the plan borders of forest and agricultural holdings, settlements, buildings and constructions, depending on appointment and the scale of the forthcoming works, and also border of the requested geological branch are specified.

2.3. The agency adopts the statement and documents submitted for receipt of geological branch considers them and in the absence of shortcomings or the bases for refusal within 10 days issues geological branch. For provision of the status of geological branch the state fee in the amount of, established by the Law of the Azerbaijan Republic "About the state fee" is collected. In case of refusal in issue of geological branch to the applicant it is reported about it in writing with indication of motivation.

2.4. Refuses in provision of geological branch in cases:

assumptions of complete or partial duplication of the carried-out works;

detection of the wrong data in the submitted documents.

2.5. In geological branch are specified:

2.5.1. name of the legal entity, surname, name, middle name of physical person;

2.5.2. administrative line item of the territory which requires geological withdrawal, its name, numbers and coordinates of angular points of the site, its area, the list and parameters of the sites excluded from the approved territory.

2.6. The term of geological branch is limited to the term of the special consent or permission issued for geological studying of subsoil.

Appendix

Geological branch

     Выдан ___________________________________________________________
               (наименование юридического лица, фамилия, имя, отчество
______________________________________________________________________
                          физического лица)
______________________________________________________________________
                (административная позиция территории)
для пользования недрами на согласованной территории __________________
______________________________________________________________________
                    (название территории, участка)
     которая на   прилагаемом   топографическом    плане    обозначена
координатами угловых точек ___________________________________________
______________________________________________________________________
             (номера и координаты угловых точек участка)
     исключая участки ________________________________________________
______________________________________________________________________
                   (перечень участков, исключаемых
________________________

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