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CODE OF THE REPUBLIC OF BELARUS

of July 14, 2008 No. 406-3

About subsoil

(as amended on 06-01-2021)

Accepted by the House of Representatives on June 10, 2008

Approved by Council of the Republic on June 20, 2008

This Code governs the relations arising in connection with geological studying of subsoil, mining, use and protection of other resources of subsoil and is directed to creation and expansion of mineral resources, protection of interests of the state, the rights and legitimate interests of subsoil users and other persons.

Chapter 1. General provisions

Article 1. The main terms used in this Code and their determinations

1. Borehole - the excavation formed as a result of drilling of rocks having the cylindrical form, more than 5 meters in depth and with a diameter more than 59 millimeters.

2. Overburden breeds - rocks which need to be removed in case of open-cast mining of the field of mineral.

3. Geological branch - the subsoil plot provided to the subsoil user for geological studying of subsoil.

4. Geological studying of subsoil - complex of the works which are carried out for the purpose of studying of structure of crust and proceeding in it processes, search and investigation of minerals and other resources of subsoil, and also engineering-geological researches for construction.

5. Geological and surveying works - complex of the space and geometrical observations, measurements and calculations which are carried out in excavations and on the respective sites of the land surface for the purpose of determination of space provision and the subsequent image (display) on plans, maps, cuts, schedules of form and conditions of bedding of minerals, arrangements of the excavations and other objects built in subsoil and on the land surface in borders of mountain branch, results of observations of displacement of rocks in zone of their possible deformations and also determinations of amounts of mining, completeness and quality of extraction of minerals from subsoil.

6. Geothermal resources of subsoil - inventories of deep heat of Earth which industrial and other economic use by means of modern technical means is economically reasonable.

7. Excavation - the cavity in crust formed as a result of carrying out mining operations (the mine, section, pit, borehole, штрек, trunk, the okolostvolny yard and other similar constructions).

8. The mountain company - complex of the constructions necessary for implementation of use of natural resources for the purpose of production and operational investigation of minerals, their preprocessing (cleaning, enrichment), uses of geothermal resources of subsoil.

9. Rocks - the natural mineral educations of certain structure and structure created as a result of geological processes and lying in crust in the form of independent bodies.

10. Mining operations - driving of excavations, extraction of rocks, other impact on the subsoil performed for the purpose of mining, use of geothermal resources of subsoil, construction and (or) operation of the underground constructions which are not connected with mining.

11. Mountain branch - the subsoil plot provided to the subsoil user for mining, use of geothermal resources of subsoil, construction and (or) operation of the underground constructions which are not connected with mining.

12. The state inventory of subsoil - the systematized code of the resources of subsoil this about quality and quantity characteristics, about their economic evaluation and about possible industrial and other economic use.

13. Mining - extraction of minerals from subsoil for the purpose of industrial and other economic use in natural type or after preprocessing (cleaning, enrichment).

14. Deposit of hydrocarbons - the natural accumulation of hydrocarbons filling fully or partially some amount of permeable rocks and isolated by impervious rocks.

15. Inventories of minerals and (or) geothermal resources of subsoil - the amount of minerals and (or) geothermal resources of subsoil counted as a result of geological studying of subsoil.

16. Building of the areas of bedding of minerals - construction of buildings and constructions (including the underground constructions which are not connected with mining) on the provided parcel of land in which borders the reconnoitered mineral deposit is located.

17. Protection of fields - complex of actions for the prevention of unauthorized use of natural resources and (or) building of the areas of bedding of minerals with violation of requirements of this Code and other acts of the legislation, and also the flooding, flood, the fires and other factors reducing quality and quantity of inventories of minerals and (or) geothermal resources of the subsoil and (or) complicating carrying out mining operations.

17-1. Recoverable reserves of minerals and (or) geothermal resources of subsoil - part of inventories of minerals and (or) geothermal resources of subsoil which extraction from subsoil for count date of such inventories is cost-efficient for the subsoil user in case of rational use of modern technical means and technologies of production taking into account observance of requirements of the legislation on protection and use of subsoil, the legislation on environmental protection.

18. Standards of minerals and (or) geothermal resources of subsoil - the qualitative and quantitative indices allowing to determine suitability of minerals and (or) geothermal resources of subsoil for their industrial use.

19. Preservation of the mountain company - complex of the actions providing temporary stop of mining and related operations, preserving excavations and other constructions of the mountain company in the condition suitable for their operation or other target future reference and also safety of life and health of citizens, property of citizens, including individual entrepreneurs, and legal entities, the property which is in property of the state, observance of requirements of ecological safety in zone of influence of mining operations.

20. Preservation of excavations - complex of the actions excluding access to excavations, ensuring safety of life and health of citizens, property of citizens, including individual entrepreneurs, and legal entities, the property which is in property of the state, observance of requirements of ecological safety and the excavations directed to preserving in the condition suitable for their operation in the future.

21. Liquidation of the mountain company - complex of actions for liquidation of the excavations entering into the mountain company, to demolition and dismantle of the buildings, constructions, the equipment of the mountain company excluding possibility of their further use and ensuring safety of life and health of citizens, property of citizens, including individual entrepreneurs, and legal entities, the property which is in property of the state, observance of requirements of ecological safety.

22. Liquidation of excavations - complex of the actions excluding possibility of further operation of excavations and ensuring safety of life and health of citizens, property of citizens, including individual entrepreneurs, and legal entities, the property which is in property of the state, observance of requirements of ecological safety.

23. The field - natural accumulation of minerals or geothermal resources of subsoil, on quality, quantity and conditions of their bedding suitable for industrial and other economic use.

24. Mineralogical, paleontologic and other unique geological materials - the samples of minerals, rocks and ores, fossilized remaining balance of animals and plants important for geological studying of subsoil and also scientific, historical and cultural, cognitive and (or) esthetic value.

25. Mineral raw materials - the minerals extracted from subsoil and subjected to preprocessing (cleaning, enrichment).

26. Mineral resources - set of minerals and other resources of the subsoil prepared for industrial and other economic use.

26-1. Mineral waters - underground natural waters with mineralization from 1 to 35 g / cubic dm.

27. Subsoil - the part of crust located below soil layer, and in case of its absence - below the land surface, bottom of reservoirs, water currents.

28. The subsoil user - the citizen, including the individual entrepreneur, or the legal entity performing use of natural resources according to the legislation.

28-1. Regulations and rules of rational use and protection of subsoil - the technical regulatory legal acts establishing mandatory requirements of ecological safety in the field of use and protection of subsoil.

29. Popular minerals - minerals which inventories testify to their relative sufficiency for economy requirements satisfaction on perspective or which in case of depletion of their inventories can be replaced with other minerals.

29-1. Single water intake - the single borehole intended for production of underground waters.

30. Dump - embankment from the rocks extracted from subsoil in case of development or investigation of fields.

31. Protection of subsoil - complex of the actions providing observance with the established this Code and other acts of the legislation of procedure and conditions of use of natural resources and the resources of subsoil preventing irrational use and harmful effects on the environment.

32. The area of bedding of mineral or geothermal resources of subsoil - horizontal projection to the land surface of space contours of the reconnoitered field.

33. Repayment of emptiness - complex of works on liquidation of emptiness in excavations.

33-1. Underground waters - the natural waters which are lower than the level of the land surface in thicknesses of rocks of crust, the underground storage tanks which except for are artificially created.

34. Minerals - the natural mineral formations of inorganic or organic origin containing in subsoil which are in strong, liquid or gaseous state and chemical composition and which physical properties allow to perform their industrial and other economic use in natural type or after preprocessing (cleaning, enrichment).

35. Use of natural resources - the activities connected with geological studying of subsoil, mining, use of other resources of subsoil.

35-1. Forecast resources of minerals - possible amount of minerals which availability in subsoil with different degree of probability is supposed on the basis of data on geological structure and conditions of bedding of rocks, geologic-geophysical and geochemical researches.

35-2. Show of minerals and (or) geothermal resources of subsoil - natural accumulation of minerals and (or) geothermal resources of the subsoil, on quality meeting requirements of suitability for industrial mining (its part) but or quantity of inventories of which is not established, or it is not given geological economic evaluation.

36. Development of fields - complex of the interconnected mining operations which are carried out for the purpose of mining and (or) use of geothermal resources of subsoil.

37. Impoverishment - its qualities which occurred in the course of mineral production loss owing to adulteration to it of rocks or not corresponding to the established standards of mineral and (or) loss of part of its useful component or useful component.

38. Rational use of subsoil - complex of the legal, organizational, technical, nature protection and other actions providing the most complete extraction of minerals and effective use of other resources of subsoil, and also protection of other components of the environment and natural objects when using natural resources.

39. Resources of subsoil - minerals, underground spaces and geothermal resources of subsoil which industrial and other economic use is technologically possible and economically reasonable.

39-1. Unauthorized use of natural resources - use of natural resources without receipt of the documents which are legal basis of use of natural resources.

40. Strategic minerals - the minerals having special value for social and economic development of the Republic of Belarus and ensuring national security.

40-1. The Stratigrafichesky scheme of the Republic of Belarus - the document containing schematic display of the temporary and space ratios of the stratigrafichesky divisions (tiers, biostratigrafichesky zones) located according to the procedure of their stratigrafichesky sequence, which are characterized by certain composition and properties of rocks, other signs and constituting geological section of certain part of crust.

41. Hydrocarbons - oil, natural gas, gas condensate and oil associated gas.

42. The subsoil plot - the part of subsoil with certain space borders having the characteristics reflected in the state inventory of subsoil and the act certifying geological or mountain branch.

43. The tailings dam - the construction or complex of constructions intended for acceptance and storage collateral and coproducts of preprocessing (cleaning, enrichment) minerals (tails).

44. Tselik - the part of layer (deposit) of mineral which is not taken or temporarily not taken from subsoil in the course of mining for the purpose of ensuring safety of excavation and land constructions.

Article 2. Legal regulation of the relations in the field of protection and use of subsoil

1. The legislation on protection and use of subsoil is based on the Constitution of the Republic of Belarus and consists of of this Code, other laws, regulatory legal acts of the President of the Republic of Belarus and other acts of the legislation.

2. The relations in the field of protection and use of lands arising when using natural resources are regulated by the legislation on protection and use of lands.

3. The relations connected with protection and use of underground waters, not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation on protection and use of waters.

4. The relations connected with safe operation when using natural resources, not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation in the field of industrial safety.

5. The relations connected with carrying out earthwork in case of construction of the buildings, constructions and other construction objects which are not connected with use of natural resources are regulated by the legislation in the field of architectural, town-planning and construction activities, except for the relations connected with protection of subsoil which is regulated by this Code and other acts of the legislation on protection and use of subsoil.

6. The relations in the field of construction of the underground constructions which are not connected with mining which are not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation in the field of architectural, town-planning and construction activities.

7. The relations connected with subsoil plots as investees, not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation in the field of investments.

8. The relations connected with protection and use of mineralogical, paleontologic and other unique geological materials, not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation on especially protected natural territories and the legislation on culture.

8-1. The relations connected with carrying out research works in the field of use and protection of subsoil are regulated by this Code in the part which is not settled by the legislation on scientific, scientific and technical and innovative activities.

9. The property relations arising in connection with protection and use of subsoil, which are not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the civil legislation.

9-1. The relations connected with use of underground spaces for placement of objects of storage or burial of the fulfilled nuclear materials and radioactive waste, not settled by this Code and other acts of the legislation on protection and use of subsoil are regulated by the legislation in the field of use of atomic energy and the legislation on radiation safety.

10. If the international treaty of the Republic of Belarus in the field of use and protection of subsoil establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

Article 3. Objects of the relations in the field of use and protection of subsoil

Objects of the relations in the field of use and protection of subsoil are:

resources of subsoil;

subsoil plots, including geological and mountain branches;

mountain companies, separate excavations;

geological information;

mineralogical, paleontologic and other unique geological materials;

rights to use of natural resources.

Article 4. Subjects of the relations in the field of use and protection of subsoil

Subjects of the relations in the field of use and protection of subsoil are:

the state bodies exercising public administration and regulation in the field of use and protection of subsoil, control of use and protection of subsoil, the state supervision of the organization of works concerning hazardous production facilities and (or) potentially dangerous objects on which the works connected with use of natural resources when implementing activities in the field of industrial safety are conducted;

other legal entities of the Republic of Belarus, foreign and international legal entities, the organizations who are not legal entities (further – legal entities);

individual entrepreneurs;

citizens of the Republic of Belarus, foreign citizens and stateless persons (further – citizens).

Article 5. Subsurface mineral right

1. Subsoil is exclusive property of the state. The state exercises the rights of possession belonging to it, uses and orders subsoil through authorized state bodies.

2. Subsoil cannot be subject of pledge, purchase and sale, donation, inheritance, contribution to authorized capital, and also alienation subject in other form.

Article 6. The property right to the extracted minerals

The property right to the extracted minerals belongs to the subsoil user who performed their production legally if other is not established by legal acts, the concession or investment treaty.

Article 7. Principles of use and protection of subsoil

Use and protection of subsoil shall be performed on the basis of the following principles:

completeness and complexity of geological studying of subsoil;

rational use of subsoil and their protection;

regulations in the field of use and protection of subsoil;

the paid nature of use of natural resources, except as specified, provided by this Code and other legal acts;

safety of life and health of citizens, property of citizens, including individual entrepreneurs, and legal entities, the property which is in property of the state;

prevention of harmful effects on the environment.

Article 7-1. The state and other programs, regional complexes of actions in the field of rational use and protection of subsoil

1. State programs in the field of rational use and protection of subsoil are developed by the Ministry of Natural Resources and Environmental Protection together with the interested state bodies (organizations) and affirm Council of Ministers of the Republic of Belarus.

2. The regional complexes of actions in the field of rational use and protection of subsoil providing implementation of the state programs providing financing at the expense of means of local budgets in the territory of the corresponding administrative and territorial units (further - regional complexes of actions in the field of rational use and protection of subsoil), are created by local executive and administrative organs of regional and basic territorial levels and affirm the relevant local councils of deputies.

3. Other programs in the field of rational use and protection of subsoil, including the industry and (or) cross-industry, not providing financings at the expense of means republican and (or) local budgets, budgets of state non-budgetary funds and rendering the state financial support of programs, are created and affirm the state bodies and other organizations determined by the President of the Republic of Belarus.

Chapter 2. Public administration and regulation in the field of use and protection of subsoil

Article 8. Implementation of public administration and regulation in the field of use and protection of subsoil

Public administration and regulation in the field of use and protection of subsoil perform the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection, the Ministry of Emergency Situations, local councils of deputies, executive and administrative organs according to their competence.

Article 9. Competence of the President of the Republic of Belarus in use and protection of subsoil

1. The president of the Republic of Belarus in the field of use and protection of subsoil:

1.1. determines single state policy;

1.2.  No. 400-Z is excluded according to the Law of the Republic of Belarus of 18.07.2016;

1.3. approves lists of subsoil plots which can be subject to concession, and makes decisions on need of concession on subsoil plots;

1.3-1. determines type of the concession treaty in case of decision making about need of concession concerning subsoil plots;

1.4. makes decisions:

about withdrawal and provision of subsoil plots for placement of military facilities and civil defense;

about provision of mountain branches for production of strategic minerals, minerals of limited distribution, except for production of amber which development of fields is commercially economically inexpedient;

about establishment and the termination of restrictions for use of natural resources on certain sites for the purpose of ensuring national security and environmental protection;

about suspension or the termination of mineral right;

1.5.  No. 293-Z is excluded according to the Law of the Republic of Belarus of 14.07.2011

2. The president of the Republic of Belarus performs also other powers in the field of use and protection of subsoil assigned to it by the Constitution of the Republic of Belarus and legal acts.

Article 10. Competence of Council of Ministers of the Republic of Belarus in use and protection of subsoil

1. Council of Ministers of the Republic of Belarus in the field of use and protection of subsoil:

1.1. provides carrying out single state policy;

1.2. approves state programs;

1.3. determines in coordination with the President of the Republic of Belarus procedure of payments and the starting amount of one-time payment for provision of subsoil plots in use according to the concession or investment treaty;

1.4. performs intergovernmental cooperation;

1.5. establishes procedure for development, approval, approval, registration, enforcement and publication of regulations and rules of rational use and protection of subsoil, modification and amendments in them if other is not established by legal acts;

1.6. No. 84-Z is excluded according to the Law of the Republic of Belarus of 06.01.2021

1.7. determines procedure for conducting the state geological examination of the project documentation on geological studying of subsoil;

1.8. establishes procedure for building of the areas of bedding of minerals;

1.9. determines procedure for tendering at the choice of the investor for implementation of investment projects concerning subsoil based on the concession or investment treaty;

1.10. determines procedure for the conclusion, change, termination of the concession treaty.

2. The Council of Ministers of the Republic of Belarus performs also other powers in the field of use and protection of subsoil assigned to it by the Constitution of the Republic of Belarus, this Code, other laws and acts of the President of the Republic of Belarus.

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