RESOLUTION OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF BELARUS

of January 21, 2017 No. 7

About approval of the Instruction about procedure for building of the areas of bedding of minerals

Based on Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 28, 2016 "About procedure for building of the areas of bedding of minerals" the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus DECIDES: No. 1097

1. Approve the Instruction about procedure for building of the areas of bedding of minerals it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus of January 21, 2017 No. 7

The instruction about procedure for building of the areas of bedding of minerals

1. This Instruction establishes procedure for building of the areas of bedding of minerals.

2. For the purposes of this Instruction terms and their determinations in the values established by the Code of the Republic of Belarus about subsoil, the Code of the Republic of Belarus about the earth, the Law of the Republic of Belarus of July 5, 2004 No. 300-Z "About architectural, town-planning and construction activities in the Republic of Belarus" are used.

3. Building of the areas of bedding of minerals is allowed on condition of observance of the requirements established by the legislation on protection and use of lands, the legislation in the field of architectural, town-planning and construction activities, the environmental legislature.

4. Building of the areas of bedding of the minerals located in borders of mountain branch or over the mountain branch provided for mining is allowed on condition of receipt of approval from the subsoil user to whom this mountain branch is provided (further - the subsoil user).

5. For receipt of approval of building of the area of bedding of minerals from the subsoil user person planning to perform building of this area in borders of mountain branch or over mountain branch provides to the subsoil user the information on ensuring fulfillment of requirements, specified in Item 2 of article 66 of the Code of the Republic of Belarus on subsoil.

6. In the letter on approval of building of the area of bedding of minerals by the subsoil user data are specified:

about the planned carrying out mining operations on the area of bedding of minerals;

about restrictions of building of the area of bedding of minerals;

about time of the beginning and the end of process of displacement of rocks, about lack of outstanding excavations and emptiness in case of mining by underground method.

7. When building the parcel of land located in borders of mountain branch or over the mountain branch provided for mining by underground method, the subsoil user performs forecasting of possible deformations of the ground surface and massif in borders of mountain branch which provides determination:

borders of harmful effects of excavations;

durations of processes of displacement of rocks;

settlement, admissible and limiting indicators of deformations of the ground surface and massif in borders of mountain branch;

conditions of safe conducting mining operations and extraction of minerals;

conditions of application of the measures providing protection of construction objects and processing equipment against negative impact of mining operations.

8. Forecasting of possible deformations of the ground surface and massif in borders of mountain branch is applied to the project documentation on construction, reconstruction and improvement of construction objects in borders of the parcels of land located in borders of mountain branch or over the mountain branch provided for mining by underground method.

9. Adoption by local executive and administrative organ of the decision on establishment of prohibition or restriction of the separate types of economic and other activity by legal entities and citizens, including individual entrepreneurs which are not connected with use of natural resources on the parcels of land located in borders of mountain branch or over the mountain branch provided for mining by underground method (including construction, reconstruction and improvement of construction objects), according to Item 2 of article 15 of the Code of the Republic of Belarus on subsoil is performed taking into account possible deformations of the ground surface and massif in borders of mountain branch, taking into account the technical and technology solutions determined in the project documentation approved in accordance with the established procedure on use of natural resources or in the feasibility statement on prospecting standards of mineral.

10. In case of absence of the subsoil user to which mountain branch for mining is provided the possibility of building of the areas of bedding of minerals is determined by local executive and administrative organ in the territory of which the area of bedding of minerals planned to building, in coordination with the Ministry of Natural Resources and Environmental Protection is located.

Depending on types of the minerals located within the area of bedding of minerals planned to building state bodies which competence questions of geological studying of subsoil, developments of mineral deposits enter are also involved in determination of possibility of building of this area.

11. Person planning to perform building of the area of bedding of minerals can address to local executive and administrative organ in the territory of which the area of bedding of minerals planned to building is located, for the purpose of receipt of information on possibility of building of this area, having provided the information on construction object, including its functional purpose, general lay-out and the approximate sizes of this construction object.

12. In case of determination of possibility of building of the area of bedding of minerals by local executive and administrative organ, and also the state bodies specified in Item 10 of this Instruction are evaluated:

economic feasibility of building of the area of bedding of minerals;

degree of geological study of the area planned to building, data on mineral bedding conditions, its inventories and (or) expected resources;

perspectives of mining, zalegayemy on this square, and works on geological studying of subsoil.

13. By the received results of consideration of the data on construction object specified in Item 11 of this Instruction and the carried-out assessment of the area of bedding of minerals planned to building the local executive and administrative organ in the territory of which the area of bedding of minerals planned to building is located in writing informs person planning to perform building of this area on opportunity or impossibility of its building.

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