LAW OF THE REPUBLIC OF BELARUS

of January 6, 2021 No. 84-Z

About change of the Code of the Republic of Belarus about subsoil

Accepted by the House of Representatives on December 10, 2020

Approved by Council of the Republic on December 18, 2020

Article 1. Bring in the Code of the Republic of Belarus about subsoil of July 14, 2008 the following changes:

1. In Article 1:

add Article with Item 17-1 of the following content:

"171. Recoverable reserves of minerals and (or) geothermal resources of subsoil - part of inventories of minerals and (or) geothermal resources of subsoil which extraction from subsoil for count date of such inventories is cost-efficient for the subsoil user in case of rational use of modern technical means and technologies of production taking into account observance of requirements of the legislation on protection and use of subsoil, the legislation on environmental protection.";

add Article with Item 29-1 of the following content:

"29-1. Single water intake - the single borehole intended for production of underground waters.";

add Article with Item 33-1 of the following content:

"33-1. Underground waters - the natural waters which are lower than the level of the land surface in thicknesses of rocks of crust, the underground storage tanks which except for are artificially created.";

add Article with Items 35-1 and 35-2 of the following content:

"35-1. Forecast resources of minerals - possible amount of minerals which availability in subsoil with different degree of probability is supposed on the basis of data on geological structure and conditions of bedding of rocks, geologic-geophysical and geochemical researches.

35-2. Show of minerals and (or) geothermal resources of subsoil - natural accumulation of minerals and (or) geothermal resources of the subsoil, on quality meeting requirements of suitability for industrial mining (its part) but or quantity of inventories of which is not established, or it is not given geological economic evaluation.".

2. To state the name of Article 2 in the following edition:

"Article 2. Legal regulation of the relations in the field of protection and use of subsoil".

3. Add the Code with Article 7-1 of the following content:

"Article 7-1. The state and other programs, regional complexes of actions in the field of rational use and protection of subsoil

1. State programs in the field of rational use and protection of subsoil are developed by the Ministry of Natural Resources and Environmental Protection together with the interested state bodies (organizations) and affirm Council of Ministers of the Republic of Belarus.

2. The regional complexes of actions in the field of rational use and protection of subsoil providing implementation of the state programs providing financing at the expense of means of local budgets in the territory of the corresponding administrative and territorial units (further - regional complexes of actions in the field of rational use and protection of subsoil), are created by local executive and administrative organs of regional and basic territorial levels and affirm the relevant local councils of deputies.

3. Other programs in the field of rational use and protection of subsoil, including the industry and (or) cross-industry, not providing financings at the expense of means republican and (or) local budgets, budgets of state non-budgetary funds and rendering the state financial support of programs, are created and affirm the state bodies and other organizations determined by the President of the Republic of Belarus.".

4. In Item 1 of Article 10:

from subitem 1.5 of the word "conducting examination," to exclude;

exclude subitem 1.6.

5. In Item 1 of Article 11:

add subitem 1.7 with words ", determines the directions of use of minerals and (or) geothermal resources of subsoil, subsoil plots for the purposes which are not connected with mining";

add subitem 1.20 with words ", the list of works on geological studying of the subsoil which is subject to state registration".

6. In Article 13:

state Item 1 in the following edition:

"1. Local councils of deputies of regional and basic territorial levels in the field of use and protection of subsoil within the competence approve regional complexes of actions in the field of rational use and protection of subsoil.";

to state subitem 2.2 of Item 2 in the following edition:

"2.2. create and bring for approval in local councils of deputies regional complexes of actions in the field of rational use and protection of subsoil, provide their realization (local executive and administrative organs of regional and basic territorial levels);".

7. In Item 1 of Article 14:

state subitem 1.6 in the following edition:

"1.6. carry out geological studying of subsoil at the expense of own means in borders of the geological and mountain branches provided to them with observance of requirements of this Code and other acts of the legislation, including with attraction based on the agreement of legal entities and individual entrepreneurs;";

add Item with subitem 1.8 of the following content:

"1.8. on first-priority receipt of mountain branch for mining and (or) uses of geothermal resources of subsoil in borders of the field (its part) reconnoitered by them at the expense of own means.".

8. To add Item 1 of Article 15 with part of the following content:

"Provision of mineral right in borders of the geological and (or) mountain branches which are earlier provided to other subsoil user is not allowed.".

9. In Item 2 of Article 16:

state subitem 2.5 in the following edition:

"2.5. carry out in the cases and procedure established by this Code, other acts of the legislation on protection and use of subsoil in the field of industrial safety, geological and surveying works, and also to keep geological and surveying documentation and to ensure its safety;";

from subitem 2.8 of the word" and also to represent the state statistical reporting in cases and procedure, stipulated by the legislation about the state statistics" to exclude;

"borders" to add subitem 2.10 after the word with words "geological or";

in subitem 2.11 to replace the word "develop" with the word "plan".

10. In Article 17:

in the name of Article of the word "and lessees" shall be replaced with words ", lessees and subtenants";

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