ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION

of March 13, 2013 No. 85

About approval of the Procedure for consideration of requests for receipt of mineral right for the purposes of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption

According to article 16 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (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. 27, Art. 2711; 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; No. 29, Art. 3420; No. 30, Art. 3616; 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; No. 15, Art. 2025; No. 30, Art. 4567; No. 30, Art. 4570; No. 30, Art. 4572; No. 30, Art. 4590; No. 48, Art. 6732; No. 49, Art. 7042; No. 50, Art. 7343; No. 50, Art. 7359; 2012, No. 25, Art. 3264; No. 31, Art. 4322; No. 53, Art. 7648; 2013, No. 19, the Art. 2312), the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation approved by the order of the Government of the Russian Federation of May 29, 2008 No. 404 (The Russian Federation Code, 2008, No. 22, Art. 2581; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 3, Art. 378; No. 6, Art. 738; No. 33, Art. 4088; No. 34, Art. 4192; No. 49, Art. 5976; 2010, No. 5, Art. 538; No. 10, Art. 1094; No. 14, Art. 1656; No. 26, Art. 3350; No. 31, Art. 4251; No. 31, Art. 4268; No. 38, Art. 4835; 2011, No. 6, Art. 888; No. 14, Art. 1935; No. 36, Art. 5149; 2012, No. 7, Art. 865; No. 11, Art. 1294; No. 19, Art. 2440; No. 28, Art. 3905; No. 37, Art. 5001; No. 46, Art. 6342; No. 51, Art. 7223; 2013, No. 16, Art. 1964; No. 24, the Art. 2999), the Regulations on Federal Agency for Subsoil Management approved by the order of the Government of the Russian Federation of June 17, 2004 No. 293 (The Russian Federation Code, 2004, No. 26, Art. 2669; 2006, No. 25, Art. 2723; 2008, No. 22, Art. 2581; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 6, Art. 738; No. 33, Art. 4081; No. 38, Art. 4489; 2010, No. 26, Art. 3350; 2011, No. 14, Art. 1935; 2013, to No. 10, of the Art. 1027), I order:

1. Approve the enclosed Procedure for consideration of requests for receipt of mineral right for the purposes of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption.

2. Recognize to invalid:

the order of the Ministry of natural resources of the Russian Federation of December 2, 2004 No. 715 "About approval of the Procedure for consideration of requests for receipt of mineral right for the purposes of construction and operation of the underground constructions which are not connected with mining" (registration No. 6195) is registered by the Ministry of Justice of the Russian Federation on December 17, 2004;

the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of July 15, 2009 No. 213 "About modification of the Procedure for consideration of requests for receipt of mineral right for the purposes of construction and operation of the underground constructions which are not connected with mining, No. 715 approved by the Order of the Ministry of natural resources of the Russian Federation of December 2, 2004" (registration No. 14685) is registered by the Ministry of Justice of the Russian Federation on September 2, 2009.

Approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of 13.03.2013 No. 85

Appendix

Procedure for consideration of requests for receipt of mineral right for the purposes of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption

1. This Procedure No. 2395-1 "About subsoil" is developed according to article 16 of the Law of the Russian Federation of February 21, 1992 (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. 27, Art. 2711; 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; No. 29, Art. 3420; No. 30, Art. 3616; 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; No. 15, Art. 2025; No. 30, Art. 4567; No. 30, Art. 4570; No. 30, Art. 4572; No. 30, Art. 4590; No. 48, Art. 6732; No. 49, Art. 7042; No. 50, Art. 7343; No. 50, Art. 7359; 2012, No. 25, Art. 3264; No. 31, Art. 4322; No. 53, Art. 7648; 2013, No. 19, the Art. 2312), the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation approved by the order of the Government of the Russian Federation of May 29, 2008 No. 404 (The Russian Federation Code, 2008, No. 22, Art. 2581; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 3, Art. 378; No. 6, Art. 738; No. 33, Art. 4088; No. 34, Art. 4192; No. 49, Art. 5976; 2010, No. 5, Art. 538; No. 10, Art. 1094; No. 14, Art. 1656; No. 26, Art. 3350; No. 31, Art. 4251; No. 31, Art. 4268; No. 38, Art. 4835; 2011, No. 6, Art. 888; No. 14, Art. 1935; No. 36, Art. 5149; 2012, No. 7, Art. 865; No. 11, Art. 1294; No. 19, Art. 2440; No. 28, Art. 3905; No. 37, Art. 5001; No. 46, Art. 6342; No. 51, Art. 7223; 2013, No. 16, Art. 1964; No. 24, the Art. 2999), the Regulations on Federal Agency for Subsoil Management approved by the order of the Government of the Russian Federation of June 17, 2004 No. 293 (The Russian Federation Code, 2004, No. 26, Art. 2669; 2006, No. 25, Art. 2723; 2008, No. 22, Art. 2581; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 6, Art. 738; No. 33, Art. 4081; No. 38, Art. 4489; 2010, No. 26, Art. 3350; 2011, No. 14, Art. 1935; 2013, No. 10, the Art. 1027), also regulates the procedure of consideration of requests for receipt of mineral right for the purposes of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption.

2. According to Item 3 of article 10.1 of the Law of the Russian Federation "About subsoil" right to use by subsoil plots for the purposes of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption arises based on the decision of the commission created by Federal Agency for Subsoil Management and including including representatives of executive body of appropriate subject of the Russian Federation for consideration of requests about provision of right to use by subsoil plots (further - the Commission).

Representatives of executive body of appropriate subject of the Russian Federation in the field of regulation of the relations of subsurface use are included the Commissions based on representation of executive body of the subject of the Russian Federation.

The Commissions on the corresponding representation are included representatives of the Ministry of Natural Resources and Environmental Protection of the Russian Federation.

3. For receipt of right to use by the subsoil plot for the purpose of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placements of production wastes and consumption are necessary the following documents and data:

1) the request in which shall be specified:

the name and form of business, the location of the legal entity planning receipt of right to use by the subsoil plot for the purpose of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption;

surname, name, middle name, the residence, data of the identity document, - for the individual entrepreneur planning receipt of right to use by the subsoil plot for the purpose of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption;

identification taxpayer number;

data on heads or applicant's representatives (surname, name, middle name, contact telephone number);

data on type of underground construction and its purpose, methods of its operation;

the subsoil plot sizes necessary for construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption, including the scheme of the subsoil plot with indication of geographical coordinates angular (rotary points) and land areas;

2) copies of constituent documents - for the legal entity (with presentation of the original if the copy is not certified in accordance with the established procedure);

3) the decision of authorized bodies of management of the applicant on appointment of sole executive body of the organization (with presentation of the original if the copy is not certified in accordance with the established procedure) or the power of attorney issued in accordance with the established procedure;

4) the statement from the shareholder register of the applicant (for joint-stock companies);

5) data that the applicant has or will have necessary financial resources for effective and safe work, connected with the planned use of natural resources, including:

documental data about availability own (references from bank institutions of balances in cash on accounts of the applicant) and (or) the raised funds for implementation of use of natural resources according to loan agreements or the credit;

the copy of the balance sheet of the applicant in the year preceding application with mark of tax authority about its acceptance;

6) data on technical and technological capabilities of the applicant, and also other organizations attracted by him as contractors including data on availability of processing equipment, qualified specialists for conducting works on the subsoil plot;

7) the copy of the certificate on state registration of the citizen as the individual entrepreneur (with presentation of the original if the copy is not certified in accordance with the established procedure);

8) the copy of the certificate on statement of the applicant on accounting in tax authority with indication of identification taxpayer number (with presentation of the original if the copy is not certified in accordance with the established procedure);

9) extract from the Unified State Register of Legal Entities;

10) the certificate of tax authorities of availability (absence) of debt of the applicant on payment of tax payments, and also payments when using natural resources;

11) the conclusion of state examination of geological information on the subsoil plot provided in use;

12) data concerning the subsoil plot planned for construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption:

about lack of current licenses on use of natural resources and public contracts on performance of works on geological studying of subsoil (including regional);

about lack of inventories of the minerals entered in the state stock balance of minerals;

about lack of especially protected natural territories within the respective subsoil plot.

4. For receipt of right to use by the subsoil plot for the purpose of construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption the applicant shall submit the documents and data listed in Item 3 presents of the Procedure, except for the documents and data listed in subitems 7 - the 12th Item 3 presents of the Procedure. The requirement about provision of other documents is not allowed.

The applicant has the right to submit documents and data listed in subitems 7 - the 12th Item 3 presents of the Procedure, on own initiative.

The documents and data listed in Item 3 presents of the Procedure can be provided by the applicant with use of the electronic documents signed by the strengthened qualified digital signature according to requirements of the Federal Law of 06.04.2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; 2011, No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668).

5. The application is submitted to territorial administration of Federal Agency for Subsoil Management on the site oil and gas storages in layers of rocks and operation such oil and gas storages, placements of production wastes and consumption.

If construction oil and gas storages in layers of rocks and operation such oil and gas storages, placement of production wastes and consumption is planned to be performed in the territory of two or more subjects of the Russian Federation, the application is submitted to regional department of Rosnedra in the field of which activities there are specified subjects of the Russian Federation.

6. The territorial authority of Federal Agency for Subsoil Management to which according to Item 5 of this Procedure the request was sent (further - territorial authority of Rosnedra), within 7 working days from registration date of the request considers the arrived application materials on completeness.

In case of representation of incomplete set of the documents and data specified in subitems 1 - the 6th Item 3 presents of the Procedure, the arrived documents and data return to the applicant in time, specified in paragraph one of this Item.

In case of representation of complete set of the documents and data specified in subitems 1 - the 6th Item 3 presents of the Procedure, the territorial authority of Rosnedra within 12 working days from registration date of the request, with use of single system of interdepartmental electronic interaction and the regional systems of interdepartmental electronic interaction connected to it performs the direction of requests in state bodies and the organizations subordinated to state bodies at which disposal the documents and data listed in subitems 7 - the 12th Item 3 presents of the Procedure are.

The territorial authority of Rosnedra no later than 7 working days from registration date of the request in case of receipt of the complete set of documents specified in Item 3 presents of the Procedure, or from the date of final receipt of all requested documents and data according to the paragraph 3 Items 6 of this Procedure, directs the specified materials to Federal Agency for Subsoil Management.

7. The authorized officer of Federal Agency for Subsoil Management within 30 working days from receipt date in Federal Agency for Subsoil Management of the materials directed by territorial authority of Rosnedra according to the paragraph 4 Items 6 of this Procedure considers the arrived application materials and sends them for decision making to the Commission.

8. The decision of the Commission on provision to the applicant of right to use by the subsoil plot is made by open voting and drawn up by the protocol which is signed by the chairman and the secretary of the Commission.

9. Commission session is considered competent if at it there is at least a half from payroll of members of the commission.

10. Members of the commission have no right to delegate the powers to other persons, including other members of the commission. In case of absence of the member of the commission at meeting he has the right to provide the opinion on cases in point in writing.

11. Decisions of the Commission are made by a simple majority vote members of the commission both the attendees at meeting and who are absent, expressed the opinion in writing.

In case of equality of votes the commission chairman's voice is decisive.

The special opinion of the members of the commission voting against the made decision is stated in writing and applied to the decision of the Commission.

12. Following the results of consideration of the request and the documents Commission attached to it makes the decision on satisfaction of the request and provision to the applicant of right to use by the subsoil plot or on refusal in satisfaction of the request.

13. According to article 14 of the Law of the Russian Federation "About subsoil" the refusal in acceptance of the request for receipt of mineral right can follow in the following cases:

1) the application for provision of the license is submitted with violation of the established requirements;

2) the applicant intentionally provided about himself incorrect data;

The applicant did not provide 3) and cannot produce the evidence that he has or will have qualified specialists, necessary financial and technical means for effective and safe work.

4) if in case of provision of mineral right to this applicant anti-monopoly requirements are not observed.

14. The made decision on provision of right to use by the subsoil plot goes the Commission to 3-day time in Federal Agency for Subsoil Management or its territorial authority for preparation of conditions of use of natural resources, registration and licensing according to the procedure, established by the legislation of the Russian Federation.

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