of March 27, 1999 No. 52
About approval of Rules of provision of subsoil under development of fields of popular minerals
(as of December 13, 2007)
According to the Presidential decree of the Azerbaijan Republic "About application 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 "Rules of provision of subsoil under development of fields of popular minerals" (are applied).
2. This resolution becomes effective from the date of signing.
Azerbaijan Republic A. Rasi-Zade
Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 27, 1999 No. 52
1.1. These rules determine rules of withdrawal of subsoil under development of fields of popular minerals in the territory of the Azerbaijan Republic according to 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.
1.2. Permission to development of the fields of popular minerals containing in subsoil (the list of popular minerals in the territory of the Azerbaijan Republic is given in Appendix No. 1) is represented on the basis of the special consent (license) or permission issued by the Ministry of Ecology and Natural Resources according to the Law of the Azerbaijan Republic "About subsoil" and the status of Mountain branch.
The parcel of land under use of natural resources is taken away according to the procedure, stipulated by the legislation the Azerbaijan Republic, after issue of special consent or permission to use of natural resources.
Outside Mountain branch operation of fields of popular minerals is forbidden.
1.3. Mountain branch on development of fields of popular minerals or their part is provided after approval of inventories of minerals by the Commission on inventories of minerals of the Ministry of Ecology and Natural Resources on condition of availability of the project of transfer of the field in the accepted procedure in industrial development, and also the approved construction project, reconstruction, expansion of the mining company, taking into account instructions of the legislation of the Azerbaijan Republic or the development plan for the mining operations connected with development of fields.
1.4. For the companies extracting popular minerals, Mountain branch is drawn up to construction of these companies, and for their reconstruction and expansion if need for receipt of Mountain branch is had, - prior to works.
1.5. The subsoil user is forbidden to give the Mountain branch provided to him fully or partially to permanent or temporary term to other subsoil user for mining of minerals.
In case of need for transfer of the field of popular minerals for development the subsoil user returning the field shall return to other subsoil user Mountain branch in the Ministry of Ecology and Natural Resources of the Azerbaijan Republic and submit the written application for removal from registration. Person accepting the field receives Mountain branch according to special consent (license) or the permission granting the right to use of natural resources for mining in the future.
In case of change of the name of the subsoil user special consent or permission is renewed, and the names containing in the gornootvodny act and the copy of the topographical plan change and pass re-registration according to special consent or permission.
1.6. Legal entities and physical persons can extract popular minerals within the parcels of land which are in their use according to the legislation, for satisfaction of the needs, without receipt of Mountain branch and special consent (license) or permission, on depth of five meters without carrying out explosive works.
2.1. The project of Mountain branch providing mining of popular minerals shall consist of the comment and graphical materials. In the comment the purpose of receipt of Mountain branch, reasons for its need are stated and are reflected:
2.1.1. the name and the address of the organization performing designing of the company and preparing the project of Mountain branch;
2.1.2. general information about the territory of Mountain branch (geographical stay, features of agricultural and forest holdings, degree of degree of development of the site, its use, etc.);
2.1.3. short geological characteristic of the field;
2.1.4. data on mining-and-geological and hydrogeological conditions of mining, general information about adjacent Mountain branches;
2.1.5. actions for extraction of popular minerals and their rational use;
2.1.6. the actions specified in the Protocol of the Commission on inventories of minerals of the Ministry of Ecology and Natural Resources approving inventories of minerals.
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