FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 30, 2021 No. 123-FZ

About introduction of amendments to the Law of the Russian Federation "About subsoil", article 1 of the Federal law "About Licensing of Separate Types of Activity" and recognition voided Resolutions of the Supreme Council of the Russian Federation "About procedure for enforcement of the Regulations on procedure for licensing of use of natural resources" and separate provisions of legal acts of the Russian Federation

Accepted by the State Duma on April 22, 2021

Approved by the Federation Council on April 23, 2021

Article 1

Bring in the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (in edition of the Federal Law of March 3, 1995 No. 27-FZ) (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16, Art. 834; Russian Federation Code, 1995, No. 10, Art. 823; 1999, No. 7, Art. 879; 2000, No. 2, Art. 141; 2001, No. 21, Art. 2061; No. 33, Art. 3429; 2002, No. 22, Art. 2026; 2003, No. 23, Art. 2174; 2004, No. 35, Art. 3607; 2006, No. 17, Art. 1778; No. 44, Art. 4538; 2007, No. 27, Art. 3213; No. 49, Art. 6056; 2008, No. 18, Art. 1941; No. 29, Art. 3418, 3420; 2009, No. 1, Art. 17; No. 29, Art. 3601; No. 52, Art. 6450; 2010, No. 21, Art. 2527; No. 31, Art. 4155; 2011, No. 15, Art. 2018, 2025; No. 30, Art. 4570, 4590; No. 49, Art. 7042; No. 50, Art. 7343, 7359; 2012, No. 53, Art. 7648; 2013, No. 19, Art. 2312; No. 30, Art. 4060, 4061; No. 52, Art. 6961, 6973; 2014, No. 26, Art. 3377; No. 30, Art. 4262; No. 48, Art. 6647; 2015, No. 1, Art. 11, 12, 52; No. 27, Art. 3996; No. 29, Art. 4350; 2016, No. 15, Art. 2066; No. 27, Art. 4212; 2017, No. 31, Art. 4737, 4766; No. 40, Art. 5750; 2018, No. 23, Art. 3229; 2019, No. 31, Art. 4431; No. 44, Art. 6176; No. 49, Art. 6955; No. 52, Art. 7823; 2020, No. 24, Art. 3753; No. 48, Art. 7636) following changes:

1) in Article 2.1 part six the word "use" shall be replaced with words "right to use";

2) in Article 2.3:

a) 2 parts one to state Item in the following edition:

"2) the subsoil plots used for geological studying and assessment of suitability of subsoil plots for construction and operation of the underground constructions of local and regional value which are not connected with mining, except for underground constructions for burial of radioactive waste, production wastes and consumption of the I-V classes of danger, storages of hydrocarbonic raw material (further - the underground constructions of local and regional value which are not connected with mining), and (or) used for construction and operation of the underground constructions of local and regional value which are not connected with mining;";

b) third after words of "such lists" to add part with words ", and also introduction of changes in them";

3) in Article 3 part one:

a) word in paragraph one of "public authorities in the field of regulation" shall be replaced with words "in the field of regulation";

b) state Item 3 in the following edition:

"3) development and approval of classifications of inventories and forecast resources of minerals by types of minerals;";

c) in Item 3.1 of the word "tenders or" to exclude;

d) state Item 6.1 in the following edition:

"6. 1) establishment of procedure for preparation and approval of regional lists of the minerals carried to popular minerals and also criteria of reference of minerals to popular minerals, approval together with public authorities of subjects of the Russian Federation of regional lists of the minerals carried to popular minerals;";

e) add Item 6.3 with words ", and also introduction of changes in them";

e) in Item 9 of the word of "homeland security and environmental protection" shall be replaced with words "defenses of the country and safety of the state, rational use and protection of subsoil, environmental protections";

g) add with Item 26 of the following content:

"26) other powers provided by this Law.";

4) in Article 4:

a) state Item 7 in the following edition:

"7) the order together with federal bodies of the government the state fund of subsoil in the territories;";

b) add with Item 7.2 of the following content:

"7. 2) preparation and approval together with federal body of management of the state fund of subsoil of regional lists of the minerals carried to popular minerals;";

c) in Item 8.1 of the word "and other project documentation on performance of works, connected with use of subsoil plots of local value" shall be replaced with words ", engineering designs of construction and operation of the underground constructions of local and regional value which are not connected with mining, engineering designs of liquidation and preservation of the excavations, boreholes and other constructions connected with use of natural resources concerning subsoil plots of local value";

5) Article 5 to recognize invalid;

Item 4 of part one of Article 6 to add 6) with words ", including underground constructions for burial of radioactive waste (burial Items), production wastes and consumption of the I-V classes of danger (subjects to waste disposal)";

7) in Article 7:

a) in part three the second offer to state in the following edition: "Documents which certify the specified borders of mountain branch (the gornootvodny act and graphic applications) are drawn up by body of federal state mountain supervision or in the cases established by the Government of the Russian Federation, executive body of the subject of the Russian Federation (concerning subsoil plots of local value) after preparation and approval in accordance with the established procedure of the engineering design of development of mineral deposits or the engineering design of construction and operation of underground constructions, the stipulated in Article 23.2 presents of the Law.";

b) in part five of the word "carry out works" shall be replaced with words "perform use of natural resources";

c) in part nine of the word "works" shall be replaced with words "use of natural resources";

d) add with parts twelve and the thirteenth the following content:

"The subsoil plot is provided with restriction on depth according to the license to use with subsoil for exploration and production of minerals, for construction and operation of the underground constructions which are not connected with mining, for collection of mineralogical, paleontologic and other geological collection materials, for formation of especially protected geological objects.

The subsoil plot is provided with restriction on depth or without such restriction according to the license to use with subsoil for geological studying of subsoil, for geological studying of subsoil, exploration and production of the minerals performed according to the combined license for development of technologies of geological studying, exploration and production of hardly removable minerals.";

To state Article 8 in the following edition:

"Article 8. Restrictions and prohibitions of use of natural resources

Use of certain subsoil plots can be limited or it is forbidden for the purpose of ensuring defense of the country and safety of the state, rational use and protection of subsoil, environmental protection.

Use of natural resources in the territories of settlements and zones with special conditions of use of the territories can be limited or it is forbidden in cases if this use can create safety hazard of life and health of the population, environmental protection, safety of buildings and constructions, including safety of the excavations, boreholes and other constructions connected with use of natural resources.

Use of natural resources in especially protected natural territories is performed according to the mode of special protection of their territories.";

9) in Article 9:

a) the sixth to state part in the following edition:

"The legal entities created in accordance with the legislation of the Russian Federation and having issued by authorized federal executive body of permission (license) for implementation of the corresponding types of activity can be subsoil users when implementing mining, containing radioactive materials, in case of burial of radioactive waste, production wastes and consumption of the I-V classes of danger.";

b) the seventh to add part with the offer of the following content: "The rights and obligations of the subsoil user stop from the date of introduction of record about the termination of mineral right according to the corresponding license to use subsoil in the state register of the subsoil plots provided in use and licenses to use subsoil, the stipulated in Article 28 these Laws, except for obligations on liquidation or preservation of the excavations, boreholes and other constructions connected with use of natural resources and recultivation of lands, the organization and carrying out according to the legislation in the field of protection of the population and the territories against emergency situations of rescue and other urgent works in case of liquidation of emergency situations of natural and technogenic nature on the excavations, boreholes and other constructions connected with use of natural resources for holding liquidating or conservation actions.";

c) in word part nine "the paragraph the eighth Item 6" shall be replaced with words "the paragraph the seventh Item 7 parts one";

Article 10 to state 10) in the following edition:

"Article 10. Terms of use of subsoil plots

The subsoil plot is provided in use for certain term or without restriction of term.

The subsoil plot is provided in use for certain term:

1) for geological studying of subsoil - for a period of up to 5 years, or for a period of up to 7 years when implementing geological studying of the subsoil plot located fully or partially in borders of the Republic of Sakha (Yakutia), the Komi Republic, Kamchatka Krai, Krasnoyarsk Krai, Khabarovsk Krai, the Arkhangelsk region, the Irkutsk region, the Magadan region, the Sakhalin region, the Nenets Autonomous Okrug, Chukotka Autonomous Okrug or the Yamalo-Nenets Autonomous Area or for a period of up to 10 years when implementing geological studying of the subsoil plot of internal sea waters, the territorial sea or continental shelf of the Russian Federation;

2) for mining - for the term of working off of the mineral deposit, estimated proceeding from the feasibility statement on mining of minerals providing rational use and protection of subsoil;

3) for production of underground waters - for a period of up to 25 years;

4) for mining based on provision of the right of short-term use by the subsoil plot according to article 21.1 of this Law - for a period of up to 1 year;

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