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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA

of April 30, 2021 No. 676

About establishment of procedure for sale of the fertile layer of earth removed as a result of carrying out construction works

Accepted the Government of the Republic of Armenia on April 29, 2021

Being guided by requirements of part 5 of Article 36 of the Land code of the Republic of Armenia, the Government of the Republic of Armenia decides:

1. Establish procedure for sale of the fertile layer of earth removed as a result of carrying out construction works according to Appendix.

2. This Resolution becomes effective next day after its official publication.

Acting as vice-Prime Minister of the Republic of Armenia

T. Avinyan

Appendix

to the Order of the Government of the Republic of Armenia of April 29, 2021 No. 676

Procedure for sale of the fertile layer of earth removed as a result of carrying out construction works

1. This Procedure governs the relations connected with sale of the fertile layer of earth removed as a result of carrying out construction works in the territory of the Republic of Armenia.

2. The basic concepts used according to the procedure:

1) the applicant – the physical person or legal entity imposing requirement about permission to acquisition (purchase or sale) of fertile layer of earth;

2) permission to acquisition (purchase or sale) of fertile layer of earth – the document issued by the head of community, confirming admissibility of acquisition (purchase or sale) fertile layer of earth;

3) the purchase and sale agreement of fertile layer of earth – the document confirming purchase and sale of fertile layer of earth, establishing the rights and obligations from mutual consent of the seller and the buyer.

3. The relations selling the fertile layer of earth removed as a result of carrying out construction works are regulated by this Resolution and on contract basis.

4. The cost of one cubic meter of the fertile layer of earth removed as a result of carrying out construction works is determined by mutual consent of the owner of the parcel of land and the buyer of fertile layer taking into account qualitative indexes of fertile layer of earth. Qualitative indexes of fertile layer of earth are characterized in the documents confirming quality of the soil, issued by the certified laboratory in the field of monitoring of soils.

5. The amount received from sale of the fertile layer of earth removed as a result of carrying out construction works on the parcels of land which are the state-owned and municipal property is enlisted in the local authority budget, and the amount received from sale of the fertile layer of earth removed as a result of carrying out construction works on the parcels of land which are property of legal entities or physical persons is not enlisted in the local authority budget, and the owner disposes of it.

6. The applicant submits to the head of this community the application for acquisition (purchase or sale) of fertile layer of earth, having specified the volume of topsoil, use purpose, the place of transportation, having proved need of it, according to form No. 1.

7. Permission to acquisition (purchase or sale) of the fertile layer of earth formed as a result of construction works on the parcels of land which are the state-owned and municipal property, property of legal entities or physical persons is issued by the head of community.

After decision making about issue of permission in the procedure established by the legislation and the conclusions of the agreement, in the absence of the electronic database, the relevant information within 3 working days is provided in paper form to inspection body for conservation and subsoil.

In the presence of the electronic database access of inspection body for conservation and subsoil to this base shall be provided.

8. The head of community within 15 working days after filing of application in writing answers the applicant about refusal in acquisition (purchase or sale) of the fertile layer of earth removed as a result of carrying out construction works or issues permission in form No. 2. The purchase and sale agreement in form No. 3 is signed. The document confirming high-quality properties of the soil, issued by the certified laboratory in the field of monitoring of soils is attached to the purchase and sale agreement. The document confirming high-quality properties of the soil is submitted the seller.

9. Permission is issued taking into account the available data on the fertile layer of earth which collected in community: the areas, amounts (according to the considered and registered data on removal, storage, transportation and use of fertile layer of earth in the relevant magazine of annual data of regional administrations of the Republic of Armenia).

10. Permission to acquisition (purchase or sale) of the fertile layer of earth formed as a result of construction works cannot be issued if the owner of land in the territory of this parcel of land:

1) has the contaminated soil;

Level of impurity of soils is considered from the point of view of observance of maximum permissible regulations of the contaminating hazardous substances in the soil, accepting for bases the general requirements on protection of the soil from pollution established by the Order of the Government RA of February 8, 2018 No. 124-N, the list of the hazardous substances contaminating the soil, maximum permissible regulations of the hazardous substances contaminating the soil, evaluation procedure of degree of impurity of soils.

Data on impurity of soils are represented in the documents confirming quality of the soil, issued by the certified laboratory in the field of monitoring of soils;

2) has the broken lands which are subject to recovery (recultivation);

3) has the program of assimilation of soils.

11. In case of purchase and sale of the fertile layer of earth removed as a result of carrying out construction works during works on transportation by persons who got permission to acquisition (purchase or sale) of fertile layer of earth the measures excluding deterioration in its high-quality properties are taken.

12. The buyer shall perform target use of the fertile layer of earth removed as a result of carrying out construction works, providing requirements of Item 5 of Appendix No. 1 to the Order of the Government RA of September 8, 2011 to No. 1396-H.

13. The signed agreements the community quarterly represents data on sale of the fertile layer of earth removed as a result of carrying out construction works to regional administration. Data are considered and registered in regional administrations of the Republic of Armenia, the city hall of Yerevan.

Form 1

_________________________________
      name, surname of the head of community

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