of January 27, 1995 No. 59
About approval of the Regulations on procedure for provision of mountain branches
According to article 17 of the Code of Ukraine about subsoil the Cabinet of Ministers of Ukraine decides:
Approve Regulations on procedure for provision of mountain branches which are applied.
Prime Minister of Ukraine
First Deputy Minister
Cabinet of Ministers of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 27, 1995 No. 59
1. This Provision establishes procedure for provision of mountain branches (part of subsoil) to users in the territory of Ukraine for development of mineral deposits, and also construction and operation of the underground constructions which are not connected with mining including on the continental shelf and in exclusive (sea) economic zone.
2. Action of this provision extends to all subsoil users, including to investors with whom in the procedure established by the law the production sharing agreement is signed.
3. The right to use of natural resources is witnessed by the act of provision of mountain branch on N1 appendix form.
Use of natural resources without provision of mountain branch is performed in the cases provided by the Code of Ukraine about subsoil.
4. Mountain branches can be given to the companies, organizations, the organizations, foreign legal entities, the consolidation of legal entities created in Ukraine or beyond its limits (further - the companies), and also to citizens of Ukraine, foreigners and stateless persons (further - citizens) only in the presence at them special permission to use of the subsoil plot, and also the project of mining of minerals or construction of the mining object or underground construction which is not connected with mining approved in accordance with the established procedure.
5. For the neogenic companies mountain branches shall be drawn up by the beginning of construction of the mining object or underground construction which is not connected with mining.
6. Provision of additional mountain branches to the existing mountain branch is drawn up as new branch according to the procedure, established by this Provision.
7. Subsoil in borders of mountain branch shall be used according to the purposes for which they were presented.
The company for mining which provides use of the fulfilled excavations or subsoil for construction and operation of the underground constructions which are not connected with mining shall by the beginning of such works, irrespective of availability at it mountain branch on mining of minerals, receive mountain branch according to the purpose of its use.
8. Provision of mountain branch for construction of underground construction on the area of bedding of minerals or in the rock mass which is earlier counterfeited by excavations is performed in the presence of the corresponding permission to building of the area of bedding of the minerals received in accordance with the established procedure.
9. Transfer of the provided mountain branch fully or partially is forbidden to other company or the citizen.
In case of change of the subsoil user, reorganization of the company or prolongation of effective period of special permission to use of natural resources without change of borders of object of subsurface use the act of provision of mountain branch and text on the copy of the topographical plan of surface are renewed. For this purpose the company submits the appeal to the body providing mountain branch, the statement on receipt of mountain branch with indication of number of special permission to use of natural resources and two copies of vykopirovka from the topographical plan of surface which is drawn up according to requirements of Item 5 of appendix No. 2.
The decision on renewal of mountain branch is made within 15 days from the date of receipt of the specified documents.
10. Mountain branches under the territory where buildings, constructions, settlements, sources of water supply, water storage basin, objects of natural and reserved fund, the instruction sheet of history, culture and art, subjects to special and other purpose are placed, are given under the agreement of the relevant local councils and executive bodies.
11. The parcels of land for the requirements connected with use of natural resources if another is not provided by acts of the legislation, are allocated after provision of mountain branch according to the procedure, provided by the existing land legislation.
Main requirements to mountain branches
12. Mountain branch on development of mineral deposits is provided taking into account the borders of object of subsurface use determined in special permission to use of natural resources and with observance of requirements of Item 18 of this Provision.
On development of big mineral deposits mountain branches can be provided to two or several companies or citizens.
On development of fields of different types of minerals which lie in one territory mountain branches are given separately for development of each field.
Change of borders between adjacent mining objects which belong to the same subsoil user performing development of mineral deposits of nation-wide value on the corresponding projects approved with territorial Gostrud's body and approved Gostruda is allowed. The decision on approval and/or approval of such project is accepted by relevant organ within 21 days.
The sequence working off of fields or their parts and mutually binding of mining operations in the specified cases shall provide the most complete, complex and economically reasonable withdrawal from subsoil of explored reserves of minerals and fulfillment of requirements concerning protection of subsoil and the surrounding environment.
13. Mountain branch on mining of minerals or its part is given provided that inventories of minerals of the field and components in them passed the examination and received assessment of the State Commission on Mineral Reserves (further - GKZ).
14. Provision of mountain branches in borders of mineral deposits which are developed behind nonconventional technologies (underground gasification of coal, underground smelting of sulfur, underground lixiviation of salts, etc.), for conducting mining operations by open and underground method and also for use of nonconventional technologies is allowed only in the presence of special project studies and expert conclusion concerning safety of mining operations near sites where nonconventional technologies, and lack of adverse effect of these technologies on the neighboring fields are applied.
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