Legal requirements of mineral resources use in Ukraine
According to the Code of mineral resources of Ukraine, mineral resources – is a part of the earth’s crust which located between land surface and ground of water objects, and stretched to the depth, suitable for geological research and exploration. Although, mineral resources are the property of population and are available exactly for use. In accordance to the article 13 the Code of mineral resources, entrepreneurs, organizations, establishments, citizens of Ukraine, foreign legal entities can be users of mineral resources, but for this, they must have special permission for mineral resources using. Public service of geology and mineral resources of Ukraine (Derzhheonadra) issues permissions for mineral resources using to winners of an auction and without auction to individual applicants for mineral resources using on standard conditions due to the requirements of current legislation.
The order for obtaining special permission for mineral resources using is approved by the Act of Cabinet of Ministers of Ukraine №615 from 30th of May 2011 «On approval of order for special permissions for mineral resources using». The special permissions for mineral resources using are required for following types of mineral resources using:
- Geological exploration of mineral resources deposits;
- In case of special water use for potable water production or other any aims in volume which is over 300 cubic meters per day;
- Geological exploration including researching development of mineral resources deposits of national importance;
- Geological exploration of oil and gas mineral resources including research and commercial development of deposits;
- Mineral resources mining;
- Constructing and using underground constructions not related with mineral resources mining including underground constructions for storage of oil and gas, wastewater discharge and harmful substances disposal;
- Founding geological objects and territories of scientific, recreational and culture value.
Applicant of permission for mineral resources using can obtain one permission for one type of mineral resources using within particular land plot. But, if applicant mines mineral resources of one type from a few deposits located close to each other and if the rationality of combined work is approved by decision of State Commission for mineral resources reserves, so applicant can obtain one permission for one type of mineral resources for a few deposits. Although, it is interesting to note, that within one deposit can be geological exploration and mineral resources mining of various types by several permissions.
Duration of permission for mineral resources using depends on type of mineral resources using. Therefore, for geological exploration of deposits special permission is issued for 3 years, but for geological exploration including research and commercial development of deposits – for 5 years. For geological exploration of oil and gas deposits with further commercial development permission is issued for 10 years, and for oil and gas mining within continental shelf and maritime zone of Ukraine – for 30 years. Duration of permission for constructing and using underground constructions not related with mineral resources mining is 20 years, and for constructing and using underground constructions for storage of oil and gas – 50 years.
Special water use of underground water objects, essentially, is a mineral resources using. But in accordance to part 1 article 22 of Code of mineral resources of Ukraine, land users and land owners within their land plots have a right without patented mining claim and special permissions to conduct mineral resources mining of local importance and peat with total depth of two meters’ developments, and also underground waters mining (except mineral) for all needs, except packed potable water production, but if the volume of underground water mining from each water abstraction is not over 300 cubic meters per day.
The specialists of MCL, LLC have sufficient experience for correct preparation of all required documents for obtaining special permission for mineral resources using and full support of client during expertise and inspections at state authorities. If you address to MCL, LLC, you can be sure in quality of performed tasks and correct preparation of required documentation for obtaining permission for mineral resources using in defined term.
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