Land law. Legal regime for subsoil use (most important)

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Land law. Legal regime for subsoil use (most important)

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75. LEGAL REGIME OF SUBSOIL USE

The legislation on subsoil is applied to relations on the use and protection of subsoil. TO land relations the norms of the subsoil legislation are applied, if these relations are not regulated by the land legislation. Property relations for the ownership, use and disposal of land plots, as well as for transactions with them, are regulated by civil law, unless otherwise provided by land law and subsoil legislation.

The bowels are part of the earth's crust located below the soil layer, and in its absence below the earth's surface and the bottom of reservoirs and watercourses, extending to depths accessible for geological study and development.

Subsoil is provided for use for:

▪ regional geological study, including regional geological and geophysical work, geological surveying, geotechnical surveys, scientific research, paleontological and other work aimed at general geological study of the subsoil, geological work on forecasting earthquakes and studying volcanic activity, creating and maintaining monitoring state of the subsoil, control over the regime of groundwater, as well as other work carried out without significant violation of the integrity of the subsoil;

▪ geological study, including searches and assessment of mineral deposits, as well as geological study and assessment of the suitability of subsoil areas for the construction and operation of underground structures not related to mining;

▪ exploration and production of mineral resources, including the use of waste from mining and related processing industries;

▪ construction and operation of underground structures not related to mining;

▪ the formation of specially protected geological objects that have scientific, cultural, aesthetic, sanitary, health and other significance (scientific sites, geological reserves, wildlife sanctuaries, natural monuments, caves);

▪ collection of mineralogical, paleontological and other geological collection materials. Subsoil may be provided for use simultaneously for geological study and mining. In this case, production can be carried out both during the process of geological exploration and immediately upon its completion.

Owners of land plots, land users, landowners and tenants of land plots have the right, at their discretion, within their boundaries, to carry out, without the use of blasting, the extraction of common minerals that are not listed on the state balance sheet, and the construction of underground structures for their needs to a depth of five meters, as well as the installation and operation of domestic wells and wells on the first aquifer, which is not a source of centralized water supply.

In other cases, subsoil use is subject to a license. The granting of a license for the use of subsoil is carried out with the consent of the owner of the land plot, land user or land owner to provide the relevant land plot for work related to geological survey and other use of the subsoil.

Author: Medentsov A.S.

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