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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 25, 2015 No. 333

About procedure for provision of superficial water objects in lease for fish breeding

(as amended on 31-08-2021)

 Based on the paragraph of the fifth subitem 1.3 of Item 1 of Article 11 and Item 2 of article 32 of the Water code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for provision of superficial water objects in lease for fish breeding it (is applied).

2. Recognize to invalid:

the resolution of Council of Ministers of the Republic of Belarus of October 4, 2007 No. 1260 "About approval of the Regulations on procedure for provision of water objects (their parts) in lease for fish breeding and other purposes" (The national register of legal acts of the Republic of Belarus, 2007, No. 248, 5/25897);

the resolution of Council of Ministers of the Republic of Belarus of June 12, 2008 No. 847 "About entering of amendments and changes into the resolution of Council of Ministers of the Republic of Belarus of October 4, 2007 No. 1260" (The national register of legal acts of the Republic of Belarus, 2008, No. 146, 5/27834).

3. This resolution becomes effective since May 21, 2015.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 25, 2015 No. 333

Regulations on procedure for provision of superficial water objects in lease for fish breeding

1. This Provision determines procedure for provision to legal entities, citizens, including individual entrepreneurs, superficial water objects - ponds and the flooded pits (further, unless otherwise specified, - superficial water objects) in lease for fish breeding.

2. Action of this provision does not extend on the legal entities who are engaged in cultivation and cultivation of commodity fish and fish stock concerning which the Republic of Belarus and (or) administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these legal entities.

3. For the purposes of this provision the terms and their determinations established by the Water code of the Republic of Belarus and also the following terms and their determinations are used:

fish breeding - content and cultivation, including cultivation, fishes in artificial conditions;

fish breeding in the recreational purposes - the activities for content and cultivation, including cultivation, fishes in artificial conditions performed by the lessee of superficial water object for the purpose of rendering services to the population in catch of fish with use of amateur tools of fishery;

fish stock - the fish of certain type and age intended for installation in artificial conditions for the purpose of further content and cultivation, including cultivation;

commodity fish - the fish who reached weight according to requirements of technical regulatory legal acts;

commodity fish breeding - the activities for content and cultivation, including cultivation performed by the lessee, fishes in artificial conditions for the purpose of its subsequent withdrawal and realization.

4. Superficial water objects are provided in lease for fish breeding according to the republican complex scheme of placement of ponds and the flooded pits suitable for maintaining fish breeding approved by the Ministry of Agriculture and Food in coordination with the State inspection of protection of animal and flora in case of the President of the Republic of Belarus and this Provision based on the decisions made by local councils of deputies.

Before decision making of deputies by local council about provision of superficial water object in lease for fish breeding lack of restrictions for provision of the parcel of land necessary for maintaining fish breeding shall be established.

The conclusion of the lease agreement of superficial water object for fish breeding (further, unless otherwise specified, - the lease agreement) in form according to appendix does not exclude need of receipt of permission to special water use, complex nature protection permission if according to technology of maintaining fish breeding dumping of the sewage which is formed as a result of complete or partial emptying of leasable superficial water object is provided in surface water.

The parcels of land necessary for placement of the buildings and constructions intended for the fish breeding purposes are provided according to the legislation on protection and use of lands.

The lease term of the parcel of land transferred for the purposes of fish breeding cannot exceed lease term of the superficial water object transferred for maintaining fish breeding.

5. Provision in lease for fish breeding of superficial water objects in cases is not allowed if these objects:

are included in the republican complex scheme of placement of fishing grounds;

are provided in the isolated water use for economic and drinking, hydroenergy needs and needs of ensuring defense;

are located fully or partially in the territory of settlements;

are located in the territory of rare and typical biotopes, habitats of animals and places of growth of the plants relating to the types included in the Red List of the Republic of Belarus or protected according to international treaties of the Republic of Belarus;

are not included in the republican complex scheme of placement of ponds and the flooded pits suitable for maintaining fish breeding.

6. The right of lease of superficial water object for fish breeding arises from the date of the conclusion of the lease agreement.

7. The decision on provision in lease for fish breeding of the superficial water object located in the territory of one area is accepted by regional council of deputies, and the superficial water object located in the territory of two and more districts of the area - regional council of deputies.

8. For receipt of superficial water object in lease for fish breeding by the applicant represents to local executive and administrative organ the following documents:

the statement for provision of superficial water object in lease for fish breeding;

copies of constituent documents and certificate on state registration of the legal entity;

copy of the certificate on state registration of the individual entrepreneur;

passport of the citizen or other identity document;

the schematic map of superficial water object with the put borders and (or) the copy of the plan of location of superficial water object;

the actions plan on use of superficial water object for fish breeding (further - the actions plan) developed for the term of at least five years.

9. In the actions plan are specified:

name of superficial water object, its location;

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