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The document ceased to be valid since  December 5, 2018 according to item 4 of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of  December 4, 2018 No. 983

RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of January 13, 1997 No. 20

About approval of regulations according to the Law of the Republic of Uzbekistan "About subsoil"

(as amended on 31-12-2014)

According to the Law of the Republic of Uzbekistan "About subsoil" the Cabinet of Ministers decides:

Approve:

Regulations on procedure for provision of mountain branches for development of mineral deposits" according to appendix No. 1;

Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 17.07.2014 No. 196

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;

"Single rules of protection of subsoil in case of development of mineral deposits" according to appendix No. 4.

Prime Minister of the Republic of Uzbekistan

U. Sultanov

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 13, 1996 No. 20

Regulations on procedure for provision of mountain branches for development of mineral deposits

I. General provisions

1. This Provision is developed taking into account requirements of the Law of the Republic of Uzbekistan "About subsoil" and Regulations on the State inspectorate for supervision of geological studying of subsoil, safe operation in the industry, mining and the household sector under the Cabinet of Ministers of the Republic of Uzbekistan Sanoatgeokontekhnazorat.

The provision establishes single procedure for provision of mountain branches for development of fields * minerals in the territory of the Republic the State inspection of the Republic of Uzbekistan Sanoatgeokontekhnazorat.

Mountain branch is called the geometrizovanny subsoil plot 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.

Mountain branch is issued based on the gornootvodny act (appendix No. 1) which certifies the right to use of natural resources according to the license.

2. The provision is obligatory for all subsoil users, irrespective of the patterns of ownership performing designing, construction, reconstruction, expansion of the companies for mining, including also technogenic educations.

3. Mining of minerals or its part without license and mountain branch or beyond its limits is forbidden and stops in accordance with the established procedure without compensation of the made costs.

4. Mountain branches for development of mineral deposits can be provided to legal entities and physical persons of the Republic of Uzbekistan, other states, the stateless persons which drew up (got) in the procedure established by the law permission (license) for right to use by this subsoil plot.

5. Mountain branch for mining 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 Cabinet of Ministers of the Republic of Uzbekistan (RU GKZ) or the Central commission on inventories of minerals in case of Goskomgeologiya (TsKZ) 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.

6. 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, established by this Provision.

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 the State inspection of the Republic of Uzbekistan "Sanoatgeokontekhnazorat. 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.

7. 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.

The paragraph two is excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 01.11.2012 No. 313.

8. Withdrawal of the parcel of land for construction of the company for mining and mining of minerals is drawn up after receipt of mountain branch according to the procedure, provided by the land legislation of the Republic of Uzbekistan.

9. 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.

10. Provision of mountain branches for mining of minerals under the territories where the companies are located, buildings, constructions, the cities and other settlements, resorts, forest parks, reserves, sources of water supply, the river, reservoirs, monuments history, cultures and arts, valuable agricultural holdings, borderlands, airfields, polygons of special purpose, right-of-ways, the strengthened areas, cemeteries and other objects is made after approval of the interested legal entities and physical persons and regional authorities.

11. Provision of mountain branches within lands of special purpose is made according to the legislation.

12. 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 14 of this Section.

13. 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 stops with withdrawal of the last.

14. 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, underground waters without license and 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 on the area no more than one hectare;

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 regional authorities and the State inspectorate of the Republic of Uzbekistan Sanoatgeokontekhnazorat shall be informed;

the extracted popular minerals and underground 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, the extracted minerals to other companies, the organizations, organizations and citizens is not allowed.

II. Main requirements to mountain branches

1. 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.

On development of the large-scale deposit 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.

In need of development of 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 large-scale deposit 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, established by this Provision shall be drawn up.

2. Borders of mountain branch for development of fields of solid minerals are determined by contours of the approved GKZ of RU (TsKZ) of inventories or their parts, including categories C in the amounts resolved GKZ of RU (TsKZ) for designing taking into account zones of displacement of rocks or rating of boards of pit.

For oil and gas fields of border of mountain branch are established on contour of the approved GKZ of RU of inventories of categories A+B+C1, for each deposit. For the fields finished with investigation with recoverable oil reserves to 1 million t and gas to 3 billion cubic meters of border of mountain branch can be established on contours of inventories of categories A+B+C1 and C 2, of the accepted TsKZ.

For fields which development is provided using zakonturny 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.

3. 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, established by this Provision.

4. Mountain branches for the coal fields put by suite of layers and ore bodies are drawn up on all layers and ore bodies, deposit. Provision of mountain branch on separate layers and ore bodies, deposits 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 materials in subsoil.

5. 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.

6. Mountain branches for development of mineral deposits can be termless and urgent.

In cases of urgent use mountain branches are provided for the term determined 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.

7. Projects of mountain branches on development of mineral deposits shall be developed, as a rule, by the specialized project organizations registered in Goskompriroda's bodies and the State inspectorate of the Republic of Uzbekistan Sanoatgeokontekhnazorat. 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 mining.

Paragraphs third - the ninth are excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 01.11.2012 No. 313.

III. Contents of the project of mountain branch

1. The project of mountain branch for mining of minerals shall consist of the explanatory note and graphical materials.

2. 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 questions are stated:

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 mining, 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-cast mining - as well overburden breeds;

reasons for borders of mountain branch;

measures for complex use of mineral raw materials in case of production and subsequent its conversion.

3. 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 excavations (mines, adits, holes, etc.), exploratory and other wells shall be shown; contours of forest and agricultural holdings, borders of land use and settlements existing 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, date of replenishment of the plan.

From above on the right side of the plan the angular stamp according to appendix No. 2 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 the company for mining, but there shall be not more small 1:5000.

For the mountain branches having significant area provision of the copy of the topographical plan in scale from 1:5000 to 1:25000 is allowed.

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