LAW OF TURKMENISTAN

of December 20, 2014 No. 160-V

About subsoil

This Law governs the relations arising in connection with geological studying, use and protection of subsoil, mining and is directed to creation and expansion of mineral resources, ensuring protection of interests of the state and citizens of Turkmenistan in the field of subsurface use, and also the rights of subsoil users.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) subsoil – the part of crust located below soil layer, and in case of its absence – below the land surface and bottom of water objects, stretching to depths available to geological Yoizucheniya and development;

2) borehole – the excavation having the cylindrical form and which is characterized by the considerable size of the relation of depth to diameter;

3) reproduction of mineral resources – complex of the actions (including conducting exploration works) directed to completion of the got inventories of minerals for ensuring stable work of the mountain companies and other industries;

4) geological information on subsoil – set of the materials containing the data on geological, geochemical, geophysical, hydrogeological, geomorphological, tectonic surveys, technical documentation of excavations, boreholes this about forecast resources of minerals and balance sheet reserves of the filed of minerals, the site of works and objects in the territory of subsurface use;

5) geological studying of subsoil – the complex of special research works on studying of features of geological structure of crust including regional geological studying of the territory, searches, assessment and investigation of mineral deposits, determination of quantity and quality of inventories of minerals and the useful components containing in them, technological properties of minerals and economic value of fields, and also engineering-geological researches for construction of facilities and studying of other properties of subsoil;

6) excavation – the artificial cavity in crust created in search result, investigations, preparation and mining and also in case of construction of underground constructions;

7) mountain branch – the geometrizovanny block or the subsoil plot provided to the subsoil user for mining, use of geothermal resources of subsoil, construction and (or) operation of the underground constructions which are not connected with mining;

8) state examination of inventories of minerals – state examination of standards on mineral raw materials for stock counting of minerals in subsoil, materials of calculation of explored reserves of minerals with determination of readiness of the field for industrial development and approval of inventories of minerals;

9) standards – set of economically reasonable requests to quality and quantity of inventories of minerals in the subsoil, to mining-and-geological and other conditions of mining determining its suitability for industrial use;

10) the state stock balance of minerals – the systematized code of data on quantity, quality, degree of study of inventories of minerals on fields and extent of their industrial development for the purpose of accounting of condition of mineral resources by types of minerals;

11) mining – extraction of minerals from subsoil for the purpose of industrial and their other economic use in natural type or after preprocessing (cleaning, enrichment);

12) popular minerals – the widespread minerals and rocks in the destroyed and (or) natural type used in natural state or with insignificant processing and cleaning for production of construction materials and economic needs;

13) production of popular minerals and underground waters by subsoil users for own needs – the production performed on the parcel of land which is in property of the state or on the lease right without intention of the subsequent transactions concerning the extracted popular minerals or underground waters;

14) the mountain company – complex of the constructions necessary for implementation of use of natural resources for the purpose of production and operational investigation of minerals, their preprocessing (cleaning, enrichment), use of geothermal resources of subsoil;

15) preservation of the mountain company – complex of the actions providing temporary stop of mining and related operations, preserving excavations and other constructions of the mountain company in the condition suitable for their operation or other target future reference;

16) preservation of excavations – complex of the actions which are temporarily excluding access to underground and open excavations and directed to obligatory implementation of measures for possibility of reduction of excavations, boreholes and other underground constructions in the condition suitable for their operation in the future;

17) liquidation of the mountain company – complex of actions for liquidation of excavations, to demolition and dismantle of the buildings, constructions, the equipment of the mountain company excluding possibility of their further use and providing public health care and the environment, safety of buildings and constructions;

18) liquidation of excavations – complex of the actions directed to obligatory implementation of the measures excluding possibility of use of underground and open excavations;

19) the mineral deposit – natural accumulation of mineral which in the quantitative and high-quality relation and under the terms of bedding can be subject of industrial development in case of this condition of the equipment and technology in the existing economic conditions;

20) mineralogical, paleontologic and other geological collection materials – samples of minerals, rocks and ores, fossilized remaining balance of flora and fauna which can be used for creation and replenishment of collections of scientific, art and decorative and other appointment, and also as material for art and other crafts;

21) mineral raw materials – the rock extracted on surface, the ore raw materials containing minerals, except for fresh, medicinal, geothermal waters and hydrocarbonic raw material;

22) mineral resources – set of the reconnoitered and previously estimated inventories and resources of minerals in subsoil;

23) the subsoil user (subsoil user) – the physical person or legal entity having mineral right;

24) trial production – the mining which is carried out at stage of estimative works for the purpose of refining available and receipts of the additional information about geological structure of the respective subsoil plot, mining-and-geological conditions of working off, quantitative and mineral composition of minerals, technologies of conversion of ores, the choice of the mountain equipment and method of operation of the field;

25) the main mineral – the mineral which is determining industrial value of the field, the main direction of use of this field and having the highest content in initial raw materials or the highest specific weight in field reserves;

26) rational use of subsoil – complex of the legal, organizational, technical, nature protection and other actions providing the most complete extraction of minerals and effective use of other resources of subsoil, prevention of pollution of the subsoil in case of work connected with subsurface use, decrease in adverse effect of the specified works, and also protection of other components of the surrounding environment when using natural resources;

27) security целик – the inventories of minerals in subsoil located within conservation zones of large water objects, within borders of settlements, capital constructions and agricultural objects, the national natural parks, national natural parks, the state nature sanctuaries, history and culture and other especially protected natural territories and also the part of deposit (layer) of mineral which is not taken or temporarily not taken from subsoil in the course of mining for the purpose of ensuring safety of excavation and land constructions;

28) conversion of mineral raw materials – the works connected with extraction of useful components from mineral raw materials;

29) exploration – complex of the works which are carried out for the purpose of discovery of the fields of minerals, assessment of their industrial value;

30) minerals – natural mineral educations, hydrocarbons and underground waters which are in strong, liquid or gaseous state in subsoil and chemical composition and which physical properties allow to use effectively them in the field of production of goods;

31) passing minerals – mineral complexes (rocks, ores, underground waters, brines, associated oil gases and gas condensate), the minerals, metals and other chemical elements and their connections integrated and extracted with the main mineral which production and conversion in case of development of the main mineral are profitable and which economic use is economically reasonable;

32) investigation (exploration works) – the works connected with detailed geological studying of the mineral deposits found by searches with assessment of their inventories and qualities;

33) development of fields – complex of the interconnected mining operations which are carried out for the purpose of mining;

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