According to Russian law, the subsoil is considered the property of our state. They cannot be acquired or inherited, received as a gift, or used as real estate collateral. But it is quite possible to obtain from the state a special right to conduct research, as well as to extract various resources that lie in the depths of the bowels. For this, entrepreneurs only need to go through the process of completing the relevant documents. In this article we will find out why a subsoil use license is needed, and also find out who can get it and how.
What it is?
The basis for the implementation of geological, and, in addition, production work related to the exploration or extraction of resources, is the state license to use the site.
Such a document under the Law of the Russian Federation “On Subsoil” will be considered as confirmation of an official agreement concluded between the state and the entrepreneur on the transfer of rights to use the site for a certain period of time. The total duration of this period, along with other conditions, are indicated in the annexes that form part of the agreement.
What types of licenses are there?
How many ways there are to use the bowels of the earth, exactly as many types of licenses exist. So, the state issues documents that allow a citizen to perform the following actions:
- Perform geological exploration of the subsoil. In this case, the license holder has the right to search for mineral deposits, evaluating their estimated volumes. The process of studying the objects of the earth's crust, which can be used for the operation or construction of any underground structures that are not functionally related to the extraction of resources, also relates to this type of licensing. The license for geological exploration does not provide the right for detailed exploration of deposits. Permission is given to study only those types of minerals that are listed in the appendix to the document.
- To carry out mining operations. The owner of this license for a well acquires the right to conduct exploration and production of natural resources, and, in addition, to process all kinds of production waste as part of a mining allotment provided by authorized bodies. The process of geological exploration can be carried out without an additional license, but subject to the consent of environmental control, and, in addition, the sanitary and mining authorities. What else does a subsoil use license imply?
- Build and operate facilities that are not designed to extract resources. Such may be, for example, facilities intended for the storage of petroleum products along with the discharge of household water, burial of toxic industrial wastes, and the like.
- Organize the formation of protected objects that have important scientific, therapeutic, aesthetic, cultural or other significance. These include training grounds along with ecological and geological reserves, natural monuments, and so on. Licenses for the right to extract resources, along with the construction of structures and the formation of protected facilities, are issued exclusively to those subsoil areas that have undergone an official examination.
Who can get a license?
In what situations should I buy a subsoil use license and who can get it? Obtaining this document may be necessary in the following cases:
- The citizen intends to start a business that will be associated with mining, and, in addition, the study of various deposits of valuable minerals.
- A site is required, which is necessary for the construction of an underground structure intended for the disposal of various industrial wastes, and, in addition, for the storage of resources and the like. Why else might you need a subsoil license?
- The organization needs its own water supply. Groundwater is considered the same resource as gas or oil. For this reason, a license is also required for their production and commercial use.
- The entrepreneur organizes nature reserves, research sites, health zones and the like. In all these cases, you must contact the Department of Subsoil Use.
When is a license not needed?
In the event that minerals located on the land are planned to be used for economic purposes that are not commercial, then its owner or tenants can do this without a license.
Who can get permission?
According to the Law of the Russian Federation “On Subsoil”, the following categories of citizens can obtain the status of a user, as well as a state license of the proper form:
- Citizens who have the status of an individual entrepreneur.
- Participants in simple partnerships without a legal entity.
- Legal entities that were created by Russian citizens with foreign investments or on their own.
Where should I go?
What are the requirements for entrepreneurs and which bodies should be contacted? A subsoil use license is issued, as a rule, in a competitive or auction mode. Out of the competition, this document can be issued to the entrepreneur in exceptional situations on the basis of a decision by a special commission that was created by the federal body for the management of natural resources. Among other things, the composition of this commission should also include representatives of the executive branch of the region of the country.
Filing an application
In order to take part in a tender or auction for a license for a well, an entrepreneur is required to submit an application in a timely manner and to submit to the tender committee all the required documents, which are indicated in the accompanying lists for the official announcement of the event.
In the framework of the competitive system for issuing licenses, the winner is the participant whose proposal is considered by the commission to be economically more profitable than others. In addition, the proposal must comply with all technological as well as environmental requirements. Thus, the participant who offers the largest amount for his right to use state natural resources won the auction.
The subsoil use license is issued by the Ministry of Ecology and Natural Resources. The Subsoil Use Department is also responsible for this issue. As a rule, representatives of the executive branch of regions and regions also take part in the organization of the licensing competition.
In the case when it comes to licensing the rights to develop a field that is of federal importance, the Government of Russia is connected, among other things, to the evaluation of the application. There is a register of subsoil use licenses. A permit for the operation of the territory along with the construction of underground structures in order to carry out activities that are not related to the extraction of resources is accepted immediately after the approval process with the State Technical Supervision Service.
What documents are required?
In order to participate in the competition for subsurface use licenses at Rosnedra, it is first of all necessary to fill out an application. The following information must be indicated in the application:
- Information about the applicant, which should include the place of the main activity of the organization along with economic relations with production, as well as with financial partners and the like.
- Information about the owners of the applicant organization, as well as the composition of its management participating in the auction.
- The financial capabilities of the applicant organization, which should confirm its ability to fulfill the intended work plan.
- The scientific and technical base of the enterprise, as well as information about the capabilities of contractors if they will be involved in the implementation of this project.
- Information that will reflect information about previous projects. A mandatory component is the list of states in which the organization has been engaged in commercial production activities over the past five years.
- A subsoil use project that was developed by the applicant organization. The project should include concrete and clear proposals for its implementation.
It should be noted that the license for the right to use subsoil is considered valid from the moment of the official state registration.
Subsoil use license renewal
Normative acts provide for renewal of a license. When obtaining permission for the type of resource that falls under the competence of the Federal Agency, you will have to apply to this body with the application. If an entity carries out activities on the basis of a license that is issued for common natural reserves, then the documents are sent to the competent structure of the country's entity.
Regional regulations establish the composition of the filing papers and the rules of the application. The license can be renewed only in the absence of violations. In this regard, authorized bodies may be requested supporting documents, including acts from supervisory services.