of February 27, 2008 No. 273
About approval of the Procedure for provision in 2008 of special permissions to use of natural resources
The Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for provision in 2008 for special permissions to use of natural resources which is applied.
2. Recognize to invalid:
the resolution of the Cabinet of Ministers of Ukraine of October 2, 2003 N 1540 "About approval of the Procedure for provision of special permissions to use of natural resources" (Of? c? yniya in? Ukra§ni, 2003, N 40, of the Art. 2100) drooped;
Item of 51 changes which are made to acts of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of June 21, 2004 N 792 (Of? c? yniya in? Ukra§ni, 2004, N 25, of the Art. 1650) drooped.
Prime Minister of Ukraine Yu. Tymoshenko
Approved by the resolution of the Cabinet of Ministers of Ukraine of February 27, 2008, No. 273
1. This Procedure determines the procedure of provision in 2008 of special permissions to use of natural resources (further - permission) in borders of the territory of Ukraine, its continental shelf and exclusive (sea) economic zone.
Action of the Procedure extends to all types of use of natural resources.
2. Permissions are provided to Ministry for Protection of the Environment and Natural Resources to winners of auctions for their sale, and also subsoil users in the cases provided in Item 7 of this Procedure.
3. On each type of use of natural resources within the specific site separate permission is provided.
Permission to mining from several by number of the located fields if feasibility of their joint development is confirmed by the corresponding reasons for the State Commission on Mineral Reserves (further - GKZ) by results of the geological research of such fields conducted by the applicant can be provided to one applicant.
In borders of one subsoil plot works on geological studying and production of minerals different by the form on several permissions can be carried out.
4. Permission to mining is provided after carrying out GKZ of examination and approval of explored reserves of minerals.
In some cases permission to mining from previously reconnoitered fields can be provided if the field by results of the carried-out GKZ of approbation of its inventories is in reserve of the State fund of mineral deposits. At the same time special conditions of permission join the mandatory requirement concerning approval of GKZ within three years from the moment of provision of permission of inventories of minerals which contain in the subsoil plot which is provided in use.
The subsoil user to whom permission to mining is provided has the right to carry out additional exploration (additional appraisal) of the field in borders of the site provided to it.
The subsoil user to whom permission to geological studying, including to trial development of oil-and-gas subsoil is provided has the right during effective period of permission to extract for own technological requirements underground waters within the site provided to it about what it is specified in permission.
5. Permissions are provided on such types of use of natural resources:
geological studying, including trial development of mineral deposits of nation-wide value;
mining;
geological studying of oil-and-gas subsoil, including trial development of fields of hydrocarbons, with further oil and gas extraction (industrial development of fields);
construction and operation of the underground constructions which are not connected with mining, in particular for underground oil storage, gas and other substances and materials, burial of hazardous substances and production wastes, dumping of the waste and accompanying waters;
creation of the geological territories and objects which have important scientific, cultural and recreational and improving value;
satisfaction of other requirements.
6. Effective period of permission is calculated since day of its registration if another is not provided in it.
Permission is provided on:
geological studying of subsoil, including trial development of fields, - no more, than for five years, geological studying of oil-and-gas subsoil, including trial development of oil and gas deposits, within the continental shelf and exclusive (sea) economic zone of Ukraine, - no more, than for 10 years;
mining (industrial development of fields) - no more, than for 20 years, oil and gas extractions in borders of the continental shelf and exclusive (sea) economic zone of Ukraine - no more, than for 30 years;
geological studying of oil-and-gas subsoil, including trial development of fields, with further oil and gas extraction (industrial development of fields), - on effective period of separate permissions to geological studying of oil-and-gas subsoil and on oil and gas extraction (industrial development of fields), but no more, than for 20 years on the land and no more, than for 30 years on the continental shelf and within exclusive (sea) economic zone of Ukraine;
construction and operation of the underground constructions which are not connected with mining - no more, than for 20 years;
construction and operation of underground storage warehouses of oil or lawn more, than for 50 years;
satisfaction of other requirements - no more, than for 10 years.
Permissions to creation of the geological territories and objects which have important scientific, cultural, recreational and improving value are provided without restriction of effective period.
In case of finding of complete property complexes on production and conversion of minerals in lease effective period of permission cannot exceed lease term of the specified complexes.
7. Without holding the auction permission is provided in case:
1) mining if the applicant, having carried out geological studying of the subsoil plot for own means, performed stock counting of minerals which is approved by GKZ;
2) expansions of borders no more, than for 50 percent of the land area of subsoil which is earlier provided in use for the purpose of its geological studying or placement of underground storage warehouses, and also mining due to expansion of borders of the site, but no more, than for 50 percent of the inventories determined by earlier provided permission provided that the adjacent site is not provided in use;
3) geological studying and production of underground drinking waters for centralized and not centralized water supply (except industrial flood), underground drinking and technical waters for the technical purposes;
4) geological studying of subsoil at the expense of means of the government budget (in case permissions are provided to subjects of housekeeping based on the signed agreement on performance of works according to the legislation concerning purchase of goods, works and services for public funds;
5) geological studying and production of natural medical resources the state treatment-and-prophylactic and sanatorium institutions which specialize in their use only for the medical purposes and have medical infrastructure;
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