of October 28, 1995 No. 651
About approval of the Regulations on procedure for provision of mountain branches for development of the fields of minerals (except popular)
For the purpose of implementation of the Law of the Republic of Tajikistan "About subsoil" the Government of the Republic of Tajikistan decides:
1. Approve the enclosed Regulations on procedure for provision of mountain branches for development of the fields of minerals (except popular).
2. To the companies, associations, the organizations, organizations having mountain branches for development of the field of minerals (except popular) to pass re-registration of mountain branches according to the procedure, established by this Provision in a month. To state mining inspection of the Republic of Tajikistan in accordance with the established procedure to re-register them.
Republic of Tajikistan E.Rakhmonov
Approved by the Order of the Government of the Republic of Tajikistan of October 28, 1995 No. 651
1. This Provision is developed taking into account requirements of the Law of the Republic of Tajikistan "About subsoil" and Regulations on Committee on the state supervision of safe operation in the industry and to mountain supervision (Gosgortekhnadzor) under the Government of the Republic of Tajikistan.
The provision establishes single procedure for provision of celestial branches for use of natural resources to the ministries, departments, the companies, the organizations, organizations, subjects of business activity irrespective of patterns of ownership and to citizens, in that number to the legal entities and citizens of other states performing designing, construction, reconstruction, expansion and operation of the companies for mining in the Republic of Tajikistan.
Mountain branch is called the part of bowels of the earth provided to the user by subsoil for development of the fields of minerals (mining), construction and operation of the underground constructions which are not connected with mining, formations of especially protected geological objects, and also carrying out geological studying of subsoil with the simultaneous or directly following it mining.
2. For field development and carrying out geological studying with the simultaneous or directly following it mining subsoil is provided in use based on the act certifying mountain branch which is the single document granting the right to use of natural resources.
Development of the field of minerals or its part without mountain branch or beyond its limits is forbidden and is unauthorized use of natural resources which stops in established by the legislation procedure.
3. Mountain branches for development of the fields of minerals can be provided by the state, cooperative, public entity, to organizations, the organizations, subjects of business activity irrespective of patterns of ownership and to citizens, including legal entities and citizens of other states) which according to their charters or provisions and according to the license granted by it are granted the right of conducting mining operations and mining.
Mountain branches for development of the fields of radioactive raw materials are provided only to the state companies.
Mining of gold prospectors by artels) small enterprises and cooperatives is made under the contract with the company for mining and within the mountain branch provided to the company.
4. Provision of mountain branches) except fields of popular minerals) is made for development of the fields of minerals by Gosgortekhnadzor of the Republic of Tajikistan.
5. Mountain branch for development of the field 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 Government Tajikistan (GKZ of the Republic of Tajikistan) and the field is transferred in accordance with the established procedure for industrial development) and also in the presence of the approved construction project) reconstruction or expansions of the company for mining) the legislation of the Republic of Tajikistan on subsoil executed taking into account requirements, rules and regulations on safe engineering.
6. For the companies for mining which are again under construction reconstructed and expanded mountain branches shall be drawn up prior to the beginning of construction, reconstruction or expansion of these companies.
In design process of construction (reconstruction) of the company for mineral production the project of mountain branch shall be previously approved with Gosgortekhnadzor of the Republic of Tajikistan.
7. Withdrawal of the parcel of land for construction of the company for mining and developments of the field of minerals is drawn up after receipt of mountain branch according to the procedure, established by the legislation of the Republic of Tajikistan.
8. Transfer by the company of the act of provision to it mountain from water is forbidden to other company.
In case of need of transfer of the mineral deposit for development to other company, the company the transferring field, shall hand over the gornootvodny act to Gosgortekhnadzor of the Republic of Tajikistan, and the company the accepting field for further development, anew to draw up receipt of mountain branch according to the procedure, established by this provision.
In case of change of the name of the company only the act of mountain branch and text on the copy of the topographical plan is renewed.
The user subsoil who received mountain branch has exclusive right to perform in its borders use of natural resources according to the license provided to it.
Any activities connected with use of natural resources in borders of mountain branch can be performed only with the consent of the user by subsoil to whom mountain branch is provided.
9. Provision of mountain branches for development of the fields of minerals under the territories where the companies, 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, to the ground of special purpose, right-of-way, fortress and the strengthened areas, cemeteries and other objects are located, is made after coordination with the interested ministries, departments, the organizations and chairmen of areas (cities) taking into account the requirements ensuring homeland security protection of the surrounding environment, compliance with the status of especially protected territories and also protection of the subsurface areas which are of special scientific or cultural value.
10. Financing of works on construction, reconstruction and expansion of the company for production of useful - minerals is allowed only in the presence of the act certifying mountain branch and stops with withdrawal of the last.
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