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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 27, 1999 No. 51

About approval of Instructions for use subsoil within the parcels of land provided under the purposes which are not connected with extraction of minerals

(as of December 13, 2007)

According to the Presidential decree of the Azerbaijan Republic "About approval of the Law of the Azerbaijan Republic "About subsoil" of April 27, 1998 the No. 701 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Instructions for use subsoil within the parcels of land provided under the purposes which are not connected with extraction of minerals" (affirm).

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Azerbaijan Republic A. RASI-ZADE

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 27, 1999 No. 51

Instructions for use subsoil within the parcels of land provided under the purposes which are not connected with extraction of minerals

1. General information

1.1. These rules in pursuance of the Law of the Azerbaijan Republic "About subsoil" and the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About subsoil" of April 27, 1998 No. 701 establish instructions for use in the territory of the Azerbaijan Republic subsoil within the parcels of land provided under the purposes which are not connected with extraction of minerals.

1.2. In these rules of border of the subsoil provided by the subsoil user on the basis of special consent or permission in use for construction and operation of underground constructions within the parcels of land allocated for the purposes which are not connected with extraction from subsoil of minerals hereinafter are referred to as as the status of Mountain branch (further - Mountain branch) which is provided by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic in the form of the act.

The construction and operation of underground constructions within the parcels of land allocated for the purposes which are not connected with extraction of minerals is allowed to be made on the basis of the status of the Mountain branch provided according to special consent (license) or permission to use of natural resources, issued (issued) State committee Azerbaijan Republic on supervision of safe operation in the industry and to mountain supervision (further - Gosgortekhnadzor) on the basis of the conclusion of the relevant organ of the executive authority exercising supervision of subsurface use.

1.3. For construction and operation of underground constructions on the fulfilled excavations or part of subsoil or placement on excavations of the objects which are not connected with extraction of minerals, the mining company shall irrespective of availability at it Mountain branch on extraction of minerals prior to the specified works to receive Mountain branch according to the legislation and these rules.

1.4. Mountain branch on construction and operation of underground constructions or placement of the objects which are not connected with extraction of minerals on the fulfilled excavations of the operating mining companies is provided to other companies taking into account the consent of the mining companies.

1.5. Mountain branch on burial of hazardous substances, production wastes and dumping of sewage is provided with accomplishment of special instructions and conditions in each case. One of such conditions is obligatory availability of the conclusion of the specialized organizations about technical impossibility of neutralization and use of hazardous substances, production wastes and sewage, and also compliance of surrounding breeds and the horizons of the reservoir waters provided for burial of hazardous substances, production wastes and dumping of sewage, to the specified purposes.

1.6. In case of need for addition to the operating Mountain withdrawal of part of subsoil for new construction and operation of the underground constructions which are not connected with extraction of minerals, or reconstruction of such constructions construction and reconstruction of the specified constructions after approval of project documents are allowed to be performed after receipt of Mountain branch.

1.7. In the presence of additions to the operating Mountain branch the Mountain branch provided according to instructions of the legislation and these rules is performed as provision of new Mountain branch.

1.8. If the construction of underground constructions begins with the site of bedding of minerals, then the subsoil user wishing to receive Mountain branch shall according to instructions of the Law of the Azerbaijan Republic "About subsoil" previously receive the positive decision - the consent of the Ministry of Ecology and Natural Resources to works on designing and construction.

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