Land law. Industrial lands (most important)

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Land law. Industrial lands (most important)

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72. INDUSTRY LAND

The legal regime of industrial lands is established taking into account the interests of the development of industrial sectors. Industrial lands are designed to accommodate industrial facilities.

Industrial lands lands are recognized that are used or intended to ensure the activities of organizations and (or) the operation of industrial facilities and the rights to which the participants in land relations have arisen on the grounds provided for by the Land Code of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

Land plots from industrial lands, if they are not withdrawn from circulation, may be provided for carrying out activities in the field of industrial production. Withdrawn from circulation are industrial lands occupied by federally owned facilities for the use of atomic energy, storage facilities for nuclear materials and radioactive substances, as well as facilities in closed administrative-territorial formations.

In addition, they are limited in circulation:

▪ land within the boundaries of closed administrative-territorial entities;

▪ industrial lands provided for the production of toxic substances and narcotic drugs;

▪ land plots from industrial lands contaminated with hazardous waste, radioactive substances, subjected to biogenic contamination, and other lands subject to degradation.

In order to ensure the activities of organizations and (or) the operation of industrial facilities, land plots may be provided for the placement of industrial and administrative buildings, structures, structures and facilities serving them, as well as sanitary protection and other zones with special conditions for land use may be established.

Industrial lands are subject to the negative impact of man-caused nature. Therefore, persons using these lands are obliged to comply with the requirements for land protection, reclamation, restoration of disturbed lands established by the Land Code and other special legislation.

Organizations of the mining and oil and gas industries are provided with land plots for the development of minerals after registration of a mining allotment, approval of a land reclamation project, restoration of previously worked-out lands. Particularly valuable productive agricultural land is provided after the development of other agricultural land located within the boundaries of the mining allotment.

Specific conditions for the use of land plots may be established by legislation on certain types of industry. For example, the Subsoil Law establishes the procedure for allotment and use of land plots for the purpose of subsoil use. Granting of licenses for the use of subsoil is carried out only with the prior consent of the owner of the land plot for the allocation of the relevant land plot for the purposes of subsoil use. The Subsoil Law also establishes that the subsoil user is obliged to ensure that land plots and other natural objects are brought into a condition suitable for their further use.

The sizes of the land plots are determined in accordance with the norms approved in accordance with the established procedure or design and technical documentation.

Author: Medentsov A.S.

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