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Ministry of Justice

Russian Federation

On December 10, 2021 No. 66280

THE ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION AND FEDERAL AGENCY OF THE RUSSIAN FEDERATION ON SUBSURFACE USE

of October 14, 2021 No. 751/10

About approval of the Procedure for renewal of licenses to use subsoil

 According to part of the seventeenth article 12.1 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; The Russian Federation Code, 2021, No. 18, the Art. 3067), subitem 5.2.8 of Item 5 of the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation approved by the order of the Government of the Russian Federation of November 11, 2015 No. 1219 (The Russian Federation Code, 2015, No. 47, Art. 6586; 2021, No. 35, the Art. 6307), the subitem "g" of item 4 of the order of the Government of the Russian Federation of April 6, 2004 No. 171 "Questions of Federal Agency for Subsoil Management" (The Russian Federation Code, 2004, 15, of the Art. 1463) we order to No.:

1. Approve the enclosed Procedure for renewal of licenses to use by subsoil.

2. This order becomes effective since January 1, 2022.

 Minister of Natural Resources and Environmental Protection of the Russian Federation

A. A. Kozlov

Acting as Rukovoditelya Federal Agency for Subsoil Management

E. I. Petrov

Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation and Federal agency of the Russian Federation on subsurface use of October 14, 2021, No. 751/10

Procedure for renewal of licenses to use subsoil

I. General provisions

1. This Procedure regulates the procedure of renewal of licenses to use subsoil, including considerations of requests about renewal of licenses to use subsoil.

Action of this Procedure does not extend to renewal of licenses to use subsoil concerning subsoil plots of local value <1>.

--------------------------------

<1> Part seventeenth of article 12.1 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; Russian Federation Code, 2021, No. 18, Art. 3067).

The requests for renewal of licenses to use subsoil (further - the request) provided to Federal Agency for Subsoil Management or its territorial authority are subject to consideration according to the procedure, acting for date of their representation.

2. According to part thirteen of article 12.1 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; The Russian Federation Code, 2021, No. 18, the Art. 3067) (further - the Law of the Russian Federation "About subsoil") renewal of licenses to use subsoil is performed by Federal Agency for Subsoil Management, its territorial authorities and Rosgeolekspertiza State-owned federal state institution (further - state-owned federal state Institution Rosgeolekspertiza).

3. According to part fourteen of article 12.1 of the Law of the Russian Federation "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; The Russian Federation Code, 2021, No. 18, the Art. 3067) decision making about renewal of the license to use subsoil is performed by the commission created by Federal Agency for Subsoil Management or its territorial authority (further - the Commission).

4. The commission is created by the order of Federal Agency for Subsoil Management or its territorial authority which establishes its structure and approves regulations on it. The commission consists of members of the commission from among whom the commission chairman and his deputy, and also the secretary of the Commission is appointed.

The structure of the Commission created by Federal Agency for Subsoil Management joins representatives of the Ministry of Natural Resources and Environmental Protection of the Russian Federation, Federal Agency for Subsoil Management and its subordinated organizations.

The structure of the Commission created by territorial authority of Federal Agency for Subsoil Management joins representatives of territorial authority of Federal Agency for Subsoil Management, subordinated organizations of Federal Agency for Subsoil Management, and also representatives of Federal Agency for Subsoil Management (on representation of Federal Agency for Subsoil Management).

5. Commission sessions are held internally and (or) by means of use of video conferencing.

Organizational support of activities of the Commission created by Federal Agency for Subsoil Management is assigned on authorized officers of Federal Agency for Subsoil Management and (or) authorized employees of state-owned federal state Institution Rosgeolekspertiza.

Organizational support of activities of the Commission created by territorial authority of Federal Agency for Subsoil Management is assigned on authorized officers of the relevant territorial authority of Federal Agency for Subsoil Management and (or) authorized employees of state-owned federal state Institution Rosgeolekspertiza.

6. Decision making about renewal of licenses to use subsoil is performed by the Commission created by Federal Agency for Subsoil Management in the relation:

1) the subsoil plots containing minerals in the quantity exceeding the limiting inventory quantities and forecast resources of the minerals lying on the subsoil plot specified in appendix to this Procedure;

2) the subsoil plots containing the minerals which are not specified in appendix to this Procedure;

3) subsoil plots of federal importance;

4) the subsoil plots located within exclusive economic zone of the Russian Federation, the Black and Azov seas within which the Russian Federation performs sovereignty, the sovereign rights or jurisdiction in connection with acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects - the Republic of Crimea and the federal city of Sevastopol, and also within the Russian sector of the Caspian Sea;

5) the subsoil plots provided in use according to the paragraph to the sixth Item 1, and also Items 3, of 9, 11 parts one of article 10.1 of the Law of the Russian Federation "About subsoil" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation 1992, No. 16, Art. 834; Russian Federation Code 2021, No. 18, Art. 3067);

6) the subsoil plots located in the territory of more than two subjects of the Russian Federation;

7) the subsoil plots provided in use for geological studying and (or) exploration and production of mineral underground waters in the territory of resorts of federal importance;

8) the subsoil plots provided in use for construction and operation of storages of hydrocarbonic raw materials, for geological studying and assessment of suitability of the subsoil plot for construction and operation of the specified storages of hydrocarbonic raw materials, their construction and operation;

9) the subsoil plots provided in use for construction and operation of the underground constructions which are not connected with mining (except for underground constructions for burial of the radioactive waste, production wastes and consumption of the I-V classes of danger and underground constructions which is not connected with mining, on subsoil plots of local value), for geological studying and assessment of suitability of the subsoil plot for construction and operation of the specified underground constructions, their construction and operation;

10) the subsoil plots provided in use for construction and operation of underground constructions for burial of radioactive waste, production wastes and consumption of the I-V classes of danger;

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