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The document ceased to be valid since May 21, 2015 according to Item 2 of the Resolution of Council of Ministers of the Republic of Belarus of April 25, 2015 No. 333.

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 4, 2007 No. 1260

About approval of the Regulations on procedure for provision of water objects (their parts) in lease for fish breeding and other purposes

(as of June 12, 2008)

Based on article 28 of the Water code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for provision of water objects (their parts) in lease for fish breeding and other purposes.

2. This resolution becomes effective from the date of its official publication.

 

First deputy

Prime Minister

Republic of Belarus V. Semashko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 4, 2007 No. 1260

Regulations on procedure for provision of water objects (their parts) in lease for fish breeding and other purposes

1. This Provision determines procedure and conditions of provision of water objects (their parts) which are not included in fund of fishing grounds (further - water objects), for fish breeding and other purposes, except for the purposes provided by legal acts.

2. In this Provision the following basic concepts and their determinations are applied:

fish breeding - type of fishing activities which includes cultivation and cultivation of fish in artificial reservoirs;

fish stock - the fish of certain age category installed in water objects for further cultivation;

commodity fish - the fish who reached weight and length according to requirements of the specifications established by the legislation.

3. Water objects can be provided in lease for fish breeding and other purposes according to the legislation based on decisions of local councils of deputies.

The parcels of land necessary for placement of the buildings and constructions intended for the purposes of fish breeding and other purposes are provided according to the legislation on protection and use of lands. The lease term of the parcel of land cannot exceed lease term of water object.

4. Are not subject to transfer to lease for fish breeding and water objects are more whole than others:

the placements of fishing grounds included in the Republican complex scheme;

the populations used for drinking, domestic and other needs;

located in the territory of settlements and (or) in especially protected natural territories;

used by legal entities who are engaged in cultivation and cultivation of commodity fish and fish stock and concerning whom the Republic of Belarus or administrative and territorial unit, having shares (shares) in authorized fund, can determine the decisions made by these legal entities;

in other cases, stipulated by the legislation.

5. Land users in the territory of whom water object is located have the privilege to lease of water object.

6. The right of lease and use of water objects for fish breeding and other purposes arises from the moment of state registration of lease agreements of these water objects.

7. The decision on provision in lease of the water object located in the territory of one area is accepted by regional council of deputies. The decision on provision in lease of the water object located in the territory of two and more districts of the area is accepted by the relevant regional council of deputies, in the territory of two and more areas - the joint decision of the relevant regional councils of deputies.

8. For receipt of water object in lease in local executive and administrative organ the following documents are provided:

the statement for provision of water object in lease;

copies of constituent documents and certificate on state registration of the legal entity and certificate on state registration of individual entrepreneurs;

the copy of the schematic map of the corresponding water object with the put borders in scale 1:10 000/50 000 (depending on the size of this water object);

the actions plan on use of water objects.

By transfer of water objects to lease for fish breeding the technological scheme of cultivation of fish stock and (or) commodity fish shall be provided in the actions plan on use of water objects; amounts of the planned cultivation and realization of commodity fish and (or) fish stock; technology round-up of ponds (by complete or partial emptying of ponds and (or) using fishing tools (seine, network, trap); calculation of the planned costs for cultivation of fish stock and (or) commodity fish; the planned profitability of maintaining fish breeding.

9. Local executive and administrative organ in fifteen-day time from the date of receipt of the documents specified in Item 8 of this provision:

considers the submitted documents and prepares the draft decision of local council of deputies about provision of water object in lease or the draft of the motivated decision on refusal in provision of water object in lease;

prepares the draft agreement of lease of water object, approves it with land users of the parcels of land in the territory of which water object is located;

approves the draft decision of local council of deputies about provision of water object in lease and the draft agreement of lease of water objects with territorial authorities of the Ministry of Natural Resources and Environmental Protection;

submits for consideration in local council of deputies the draft decision of local council of deputies about provision of water object in lease approved with territorial authorities of the Ministry of Natural Resources and Environmental Protection or the draft of the motivated decision on refusal in provision of water object in lease.

10. The local council of deputies makes the decision on provision of water object in lease or the motivated decision on refusal in provision of water object in lease in fifteen-day time from the date of introduction of the corresponding draft decision by local executive and administrative organ.

11. The bases for refusal in provision of water object in lease are:

availability in the submitted documents of false information;

discrepancy of the submitted documents to the requirements established by this Provision.

12. In the decision on provision in lease of water object are specified person to whom water object is provided in lease, the name of water object, its area, the location, lease term.

13. Based on the decision of local council of deputies the relevant local executive and administrative organ in seven-day time from the date of adoption of such decision signs the lease agreement of water object.

14. Are provided in the lease agreement of water object:

name of water object, purpose of its use, location and square;

rights and obligations of the Parties of the lease agreement of water object, size and terms of introduction of the rent;

responsibility for non-execution or improper execution of obligations according to the lease agreement of water object;

duration of the agreement of lease of water object;

procedure for change of provisions of the lease of water object, its termination and termination;

special conditions, including:

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