Legal protection of mineral resources. Principles and features

The subsoil is a layer of the earth's crust located below the soil layer, and in case of its absence - below the surface of the earth, the bottom of water bodies and streams. They extend to the depths that are available for study and development. Let's consider further, how rational use and protection of bowels should be carried out.

General information

Subsoil located in the Russian Federation, including the underground space and the fossils, energy and other resources present in it, belong to Russia on the basis of ownership. These sites can not be the subject of sale, pledge, inheritance, donation or transactions for other alienation. The subsoil can only be used and transferred from one person to another insofar as it is provided for by federal laws.

Special status of objects

It receives separate areas of subsoil, containing, including, fossil deposits. Special status is given to facilities for guaranteed provision of state needs with scarce and strategic raw materials, the presence of which affects the security of the country, the timeliness of fulfilling obligations under international treaties, and contributes to the protection of Russia's sovereignty. The purposeful use and protection of subsurface resources are regulated by Federal Law No. 2395-1.

Features of operation of objects

Rules for the protection, use of subsurface resources provide for one type of activity of the entities in the relevant areas. In its capacity is the exploitation of objects. The use of subsoil may be carried out within the prescribed period or be made perpetually. Calculation of the periods of operation begins with the moment of state registration of activity licenses. The minimum period of use is 1 year. Objects can be provided indefinitely for the construction and operation of underground buildings and structures not related to the extraction of minerals associated with the construction and operation of gas storage facilities, waste disposal, as well as the creation of particularly valuable geological objects and for other purposes. For a period of up to 1 year, sites for the development of deposits are transferred. For geological exploration, facilities can be provided for a period of up to five years. In the course of its activities, exploration and protection of subsoil resources is carried out in accordance with the legislation. Objects for the extraction of groundwater can be transferred to entities for up to 25 years. For extraction of minerals, plots are provided for the period of development of the deposit. It is calculated in accordance with the feasibility study, which confirms the proper exploration and protection of subsoil, as well as operation in accordance with established regulations.

Licenses

The right to use subsoil blocks is provided to interested entities on the basis of a decision of the authorized structures of the state authority of the appropriate level, depending on the purposes of operation. A document certifying the transferred legal capabilities is a license. It confirms the right to use the site within certain limits, according to the specified purpose, during the specified period when the owner fulfills the conditions stipulated in advance. A license may be granted for one or more activities. Permits are issued upon obtaining preliminary approval from the management body or the owner of land resources for the withdrawal of a part of the territory. Allocation of plots in the final borders, registration of the rights of the interested subject are carried out in the manner established by the legislation. In this case, the project of works to be carried out must be approved in advance.

Legal protection of mineral resources

Legislation makes a number of requirements to the subjects. Among them:

1. Avoidance of unauthorized use of facilities. A person interested in using subsurface resources must follow certain procedures and obtain a license.
2. Ensuring the completeness of study, integrated operation and protection of objects.
3. Performing advanced geological research. It is necessary to obtain a reliable estimate of the reserves of fossils, the properties of the site provided to the subject for purposes not related to the development of deposits.
4. Execution of state expertise and inventory accounting.
5. Ensuring the fullest extraction of the main minerals and their associated components.
6. Maintenance of reliable accounting of extracted and abandoned resources in the development of deposits.
7. Protection of the environment and subsoil from pollution, flooding, fires and other factors that reduce the industrial value of sites or the quality of minerals, as well as complicating their extraction.
8. Compliance with the procedure for the liquidation and conservation of enterprises engaged in the development of deposits, as well as underground facilities, the operation of which is not related to this activity.
9. Prevention of unauthorized development of sites of occurrence of fossils, observance of rules of use of the specified areas for other purposes.
10. Prevention of the accumulation of domestic and industrial waste in the catchment areas and the occurrence of groundwater intended for drinking or industrial supply.

For violation of the rules of protection, use of subsoil, the license issued to a subject may be suspended, limited or completely discontinued. Sanctions against perpetrators are used by authorized bodies in the manner prescribed by law.

Rules of protection of bowels

They were approved by the Resolution of the Gosgortechnadzor No. 71 of 06.06.2003. The protection of the environment and the environment is the responsibility of the organizations (regardless of their legal form and type of ownership) and IPs that make up and implement projects related and not related to mining and processing of minerals, Performing geological and mine surveying work in Russia, within its continental shelf, as well as the maritime economic zone of the country. All documentation must be coordinated with state supervision bodies. The construction and operation of facilities, the implementation of measures for extraction and primary processing of minerals, mine surveying and geological work with a retreat or in the absence of projects approved in accordance with the established procedure, is prohibited.

Accounting of wells

It is conducted by each entity carrying out activities in accordance with the license. The borehole includes wells:

1. Explorers.
2. Canned.
3. Liquidation.
4. Injection.
5. Mining.
6. Special.
7. Control.

The operating fund consists of the wells indicated above, except for liquidated and mothballed. It is divided into:

1. Active facilities. These include wells that were under injection (giving products) in the last month of the reporting period, regardless of the number of days of their operation.
2. Inactive objects. This part of the fund consists of wells, of which the products were not extracted in the last month of the accounting period.
3. Objects in development. These include wells after drilling, completed by construction and not being pumped (not producing products).

Regulatory requirements

In the process of carrying out licensed activities, subjects should ensure not only protection of resources (subsoil), but also protection of health and life of the population, property of citizens and organizations. During the operation of the sites, the state of the natural range is systematically monitored, as well as the implementation of preventive measures. In the event that the activities provided for in the project are not sufficient to ensure the protection of subsoil resources in full, the necessary corrections are made to the documentation. Territories that were violated due to the performance of mining operations are brought into a condition suitable for subsequent operation. When carrying out activities affecting the soil cover, the fertile layer is removed, stored and transferred to unproductive or recultivated land. Conservation of subsoil includes measures that prevent or prevent the development of wind, water erosion, swamping, salinization or other forms of loss of quality properties of the soil. If the activity is related to the selection of underground and surface waters, first of all, the satisfaction of the household and drinking needs of the population, the protection of objects from pollution and depletion, prevention of the negative impact on them of mining operations. Waste storage facilities and rock dumps are not allowed to be located within populated areas. For violation of subsoil protection rules, the perpetrators are liable in accordance with the law.

Geological State Control

It includes the supervision of:

1. Fulfillment of the requirements of Federal Law No. 2395-1, the norms of which regulate the exploitation, protection of subsoil, approved standards and other legal acts, the effect of which is mandatory for all entities performing activities in the areas allocated to them.
2. Compliance with the procedure for issuing licenses.
3. Fulfillment of the conditions specified in the permit.
4. Conducting activities for geological exploration and exploitation of plots by methods and methods that do not allow unjustified economic losses of fossils and a decrease in the quality of raw materials.
5. Compliance with the terms of permits for types of work relating to the study of mineral resources.
6. The state of mine workings and wells, technical, geological documentation, core, rock and ore samples, duplicate samples, which can be used in subsequent exploration of sites, development of deposits, as well as for non-mining activities.
7. Correct and timely state registration of activities for the study of sites, taking into account reserves, including predicted.
8. The implementation of activities that include the protection of subsoil, representing a special cultural and scientific value, compliance with the conditions for the content of geological reserves, supporting and stratotype sections, individual natural monuments, unique complexes of fossil flora and fauna.
9. The presence of requirements for metrological verification of geophysical, laboratory, hydrogeological measuring equipment and compliance with these requirements.
10. Compliance with the rules for the collection and processing of export supplies of paleontological, mineralogical and other collectible geological materials.
11. Compliance with the criteria and requirements for the geological and economic assessment of basins of fossils. Controlled, among other things, the completeness of the study of hydrogeological, mining, engineering and geological and other conditions for the development of deposits, construction and operation of underground facilities not related to mining.
12. Compliance with the requirements of the technology and methodology used, compliance with the quality, staging, efficiency and complexity of prospecting, exploration and other works on geological exploration of mineral resources.
13. Elimination of wells and mine workings that are not subject to exploitation according to the established procedure.
14. Compliance with the rules and observance of the conditions for the use of information on the subsoil, which was obtained from federal budget funds.

Areas of the continental shelf

The used and unexploited areas in this territory belong to the state fund of mineral resources of the Russian Federation. Possession, disposition, management of their activities is carried out jointly by the regions and the Russian Federation. Features of operation and provision of sections of the continental shelf are provided for in the Federal Law. The area may be granted to organizations and citizens, including foreign ones, associations of legal entities established on the basis of a contract for joint activity and not having the status of a legal entity acting as a party to the agreement on the division of the products received. In the latter case, an additional condition is the establishment of joint liability of participants for obligations arising from the contract. The sections are represented in the form of geometric blocks. Their parameters are specified in the license for regional geological study of the continental shelf, exploration, search, development of mineral raw materials. The resolution, among other things, gives the area of the sea floor with the coordinates of the boundaries and depths. To protect domestic industry and energy, to ensure the security of the Russian Federation, it is permissible to impose restrictions on the allocation of land on the continental shelf to foreign persons. Domestic scientists are currently discussing the definition and justification of the outer limits of the shelf. In accordance with the Convention of 1978, for a number of reasons, it can be extended beyond the 200-mile economic zone of the Russian Federation.

Prohibitions

It is not allowed to include in reserves reserves, reserves and other specially protected areas on the continental shelf that are of importance for the conservation, reproduction, migration of valuable animal species. The operation of the plots should be carried out only by those subjects to whom the permit was issued. It is forbidden to assign rights to other persons.

Conclusion

The Government of the Russian Federation regulates and controls drilling operations within the continental shelf, carried out for any purpose. Separately, the requirements for laying pipelines and cables according to international standards are regulated. Implementation of the rules for the protection of subsoil is mandatory. As stated above, the law provides for responsibility for their failure to comply. In particular, the disciplinary, administrative (under articles 8.7-8.11 of the Code of Administrative Offenses), property and criminal sanctions (under Articles 216 and 255 of the Criminal Code) may be guilty. Particularly severe punishment is provided in case of detection of damage to especially valuable territories and to the organisms inhabiting them.