LAW OF THE REPUBLIC OF TAJIKISTAN

of July 20, 1994 No. 983

About the Subsoil

This Law establishes the legal basis of studying, protection and use of subsoil, governs the relations in this sphere.

Section I. General provisions

Article 1. Legislation of the Republic of Tajikistan on subsoil

The legislation of the Republic of Tajikistan "About subsoil" is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, cities and areas issue acts on regulation of the relations of subsurface use within the powers determined by this Law.

The relations connected with use and protection of lands, waters, plant and animal life, atmospheric air, arising when using natural resources are regulated by the relevant legislation of the Republic of Tajikistan.

Article 1 (1). Basic concepts

In this Law the following basic concepts are used:

- the state geological studying of subsoil - the geological works connected with monitoring studying of condition of subsoil, geological structure of certain sites and pools, the territories of the Republic of Tajikistan in general, determination of their perspectives on availability of minerals, creation of the state geological cards constituting information basis of subsurface use;

- geological branch - appendix to the license for geological studying of subsoil, schematically and descriptively determining the subsoil plot on which subsoil users have the right to carry out investigation;

- mountain branch - appendix to the license for geological prospecting works and mining, on construction or operation of the underground constructions which are not connected with exploration and production, the licenses for production of popular minerals for commercial purposes determining schematically and descriptively the subsoil plot on which subsoil users have the right to carry out production, construction of underground constructions, not connected with investigation or production;

- production - all complex of the works connected with extraction of minerals from subsoil on surface and also from the technogenic mineral educations which are in state-owned property, including in places of temporary storage of mineral raw materials;

- production of popular minerals - the production performed on the parcel of land, on the right of permanent or temporary subsurface use without intention of the subsequent transactions concerning the extracted popular minerals or underground waters;

- the field - the subsoil plot containing natural accumulation of minerals;

- mineral raw materials - the got part of subsoil (rock, ore raw materials and others) containing minerals;

- subsoil users - the physical persons and legal entities having permission to carrying out geological works and production of popular minerals according to this Law;

- subsoil - the part of crust located below soil layer, and in case of its absence - below the land surface and bottom of the seas, lakes, the rivers and other reservoirs, stretching to depths available to carrying out geological works on subsurface use taking into account scientifically - technical achievements;

- popular minerals - the minerals (sand, clay, gravel and others) used in their natural type with insignificant processing and cleaning, for satisfaction, generally local economic needs;

- complex of works on subsurface use - the works relating to the state geological studying of subsoil, exploration and production, including, the works connected with exploration and production of underground waters, therapeutic muds, investigation of subsoil for dumping of sewage, and also work on construction and operation of the underground constructions which are not connected with production;

- primary conversion of mineral raw materials - implementation of conversion of the mineral received from subsoil according to the technological schemes determining the sequence of processes and transactions by enrichment and preliminary processing of the extracted minerals;

- conversion of mineral raw materials - the works connected with extraction of minerals from mineral raw materials;

- mineral - the natural mineral substance containing in subsoil in strong, liquid and gaseous state (including underground waters and therapeutic muds), suitable for use in production;

- loose minerals - natural mineral educations, including precious metals and gemstones, tin, tungsten, rare metals, ornamental stones and others, formed as a result of physical and chemical aeration of rocks, manifestation and fields of radical minerals;

- prospecting and volnoprinositelsky method - the method of the organization of production of loose minerals performed according to permission of authorized state body individual entrepreneurs and legal entities in subsoil plots with not counted inventories and undelivered on the state stock balance of minerals of the Republic of Tajikistan;

- depletion - decline in quality of minerals in case of production;

- permanent subsoil users - physical persons and legal entities which right of subsurface use has termless character;

- temporary subsoil users - physical persons and legal entities which right of subsurface use is limited to certain term;

- the geologist - prospecting works - the works connected with search of mineral deposits and their assessment;

- construction and operation of the underground constructions which are not connected from the geologist - prospecting works and mining of work on construction and operation of underground constructions of general economy appointment, and also for burial of radioactive waste, hazardous substances and sewage;

- the subsoil plot - the part of subsoil allocated in the closed borders for provision in subsurface use;

- payment for right to use of subsoil - one-time payment to the owner of subsoil (state) for provision of the right of their use;

- assignment for subsurface use - the current payments to the owner of subsoil (state) for the purpose of covering of expenses of subsurface use.

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