RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 29, 2000 No. 260

About approval of the Regulations on procedure for placement of objects of intraeconomic construction on lands of agricultural purpose

The Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for placement of objects of intraeconomic construction on lands of agricultural purpose.

2. Declare invalid the resolution of Council of Ministers of BSSR of September 27, 1977 No. 313 "About procedure for placement of objects of intraeconomic construction" (SZ BSSR, 1977, No. 28, the Art. 443).

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 29, 2000 No. 260

Regulations on procedure for placement of objects of intraeconomic construction on lands of agricultural purpose

1. This Provision establishes procedure for placement of objects of intraeconomic construction, including the objects of intraeconomic construction intended for production for the purpose of, not connected with commercialization, which are available on these lands of popular minerals and also uses of useful properties of lands, on lands of agricultural purpose.

2. Objects of intraeconomic construction of legal entities and physical persons on lands of agricultural purpose are placed according to the approved projects of intraeconomic land management or town-planning documentation.

3. In case of placement on lands of agricultural purpose of objects of intraeconomic construction which location is not determined by the documents specified in Item 2 this provision legal (physical) entities address to the relevant district executive and administrative organ with the petition for the choice of the site area of intraeconomic construction with indication of in it purpose and the approximate area of the parcel of land for placement of object, and also the planned place of its arrangement.

4. The district executive and administrative organ in 5-day time considers the petition of legal (physical) entity and in the absence of objections against placement on lands of agricultural purpose of object of intraeconomic construction (further - object) creates the commission for the choice of the parcel of land under it on the area (further - the commission) and determines terms of its choice.

The commissions are included the vice-chairman of district executive and administrative organ (commission chairman), representatives of structural divisions of district executive and administrative organ, performing state powers of authority in the field of use and protection of lands, architectural, town-planning and construction activities, territorial authority of the Ministry of Natural Resources and Environmental Protection, state body (organization) exercising the state sanitary inspection, representatives of rural settlement executive committees and if necessary representatives of the relevant project organizations, other interested legal entities (at the discretion of district executive and administrative organ).

5. The choice of the parcel of land is made by the commission with participation of interested persons for placement of object.

6. The commission in case of the choice of the parcel of land for placement of object, being guided by the approved projects of intraeconomic land management or town-planning documentation, studies possibility of arrangement of this object first of all on the lands unsuitable for use in agricultural industry, or on farmlands of the worst quality.

7. For placement of object several parcels of land are chosen, as a rule. Borders of the chosen parcels of land, and also parcels of land which will accustom (to improve) the fertile layer of earth removed in connection with asset construction, are displayed on the copy of the land cadastral plan (part of the plan) of the corresponding land use, land ownership and approved with heads (their deputies) of the structural divisions of district executive and administrative organ performing state powers of authority in the field of use and protection of lands, architectural, town-planning and construction activities, the representative of the legal entity or the physical person interested in the choice of the site area.

8. Preparation of the copy of the land cadastral plan (part of the plan) and other materials necessary for the choice of the parcel of land, is provided by the legal entities or physical persons interested in the choice of the parcel of land for placement of object.

9. In on the area the commission draws up results of work on the choice of the parcel of land the act in which are specified:

structure of the commission;

basis for the choice of the parcel of land for asset construction;

structure and quality of lands of the chosen site;

availability on the parcel of land of permanent cultures, structures, constructions of drainage network and other objects;

conditions of removal, preserving and use of fertile layer of earth for recultivation (recovery) of the equal area of the other (not used) lands or improvement of unproductive lands;

conditions of water supply and sewerage of object;

conditions of waste recycling of production and consumption;

aggregated economic data of the analysis of options of placement of object, and also conclusion of the commission about optimal variant and conditions of placement of object on the parcel of land.

10. Materials about the choice of the parcel of land for placement of object shall include:

the petition of legal (physical) entity for the choice of the parcel of land for placement of object;

calculations and reasons for the size of the asked parcel of land;

act of the choice of the parcel of land;

conclusions:

The Ministry of Natural Resources and Environmental Protection about availability or absence in borders of the asked parcel of land of fields of popular minerals and mineral deposits;

the companies of the state road farm - in case of placement of object in the controlled area of highways;

other interested legal entities (at the discretion of district executive and administrative organ);

copy of the land cadastral plan (part of the plan).

11. Materials about the choice of the parcel of land for placement of object are represented by the commission to district executive and administrative organ which considers them in a month and makes the relevant decision (about approval of the act of the choice of the parcel of land, the site area, etc.).

12. Materials about the choice of the parcel of land for placement of object are stored in the structural division of district executive and administrative organ performing state powers of authority in the field of use and protection of lands.

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