About The Bowels

Original Language Title: О недрах

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 
About the bowels of this law regulates relations arising in connection with the geological study, use and protection of mineral resources, mining, and is aimed at the creation and expansion of mineral-raw-material base, ensuring the protection of the interests of the State and citizens of Turkmenistan in the field of mining, as well as the rights of users of bowels.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) subsoil is part of the Earth's crust, located below the topsoil, and in its absence-below the Earth's surface and bottom waters, extending to depths available for geological exploration and development;
2) borehole-working, having a cylindrical shape with a large size relationship depth to diameter;
3) reproduction of mineral-raw-material base-set of activities (including exploration), aimed at filling the extracted mineral resources to ensure the stable operation of mining companies and other industries;
4) geological information on subsurface-a set of materials containing information on the geological, geochemical, geophysical, hydro-geological, geomorphological, tectonic research, technical documentation, excavation, drilling wells, data on predicted resources of minerals and mineral deposits inventory balance, site works and objects on the territory of the subsoil;
5) geological exploration is a complex of special research works on studying of features of geological structure of the Earth's crust, which includes regional geological exploration of the territory, the search for, evaluation and exploration of mineral deposits, the definition of the quantity and quality of mineral reserves and mineral components contained in them, the technological properties of minerals and economic value of deposits, as well as engineering and geological surveys for construction of facilities and the study of other properties of the subsoil;
6) working-artificial cavity in the Earth's crust created by prospecting, exploration, training and mining, as well as in the construction of underground structures;
7) the mining allotment permit is obvious block or subsoil plot provided one for mining, geothermal resources of the subsoil, construction and/or operation of underground structures not related to extraction of mineral resources;
8) public examination of mineral reserves-public examination of conditions of mineral raw materials for calculation of mineral reserves in the bowels, material calculation of mineral reserves with the determination of the qualification of the deposits for industrial development and approval of mineral reserves;
9) standards-a set of economically sound requirements for quality and quantity of mineral resources in the subsoil, mining, geological and other conditions field development, determining its suitability for industrial use;
10) the State balance of mineral reserves-structured set of data on quantity, quality, degree of knowledge of mineral reserves on deposits and their industrial development with a view to posting the status of mineral-raw-material base of types of minerals;
11) mining-extraction of minerals from the subsoil for industrial and other commercial use in natural form or after processing (purification, enrichment);
12) obŝerasprostranënnye minerals-common minerals and rocks in the destroyed and (or) natural form, used in its natural state or with minor processing and purification for the production of building materials and household purposes;
13) widespread minerals mining and groundwater subsurface users for their own use-extraction carried out on land in State property or tenant right, without the intention of subsequent transactions against bagged widespread minerals or groundwater;
14) mining company-complex structures necessary for the implementation of the subsoil for mining and mineral exploration, their primary processing (purification, enrichment), the use of geothermal resources of the subsoil;
15) preservation of mining enterprise is a set of activities that provide temporary stop mining and related works, the persistence of mine workings and other constructions mining enterprise in a position suitable to operate a trust future use;
 
 
16) conservation activities complex workings, temporarily excluding access to underground and surface mines and aimed at mandatory implementation measures to ensure the enforceability of mining, drilling wells and other underground structures in a State suitable for exploitation in the future;

17) Elimination of mining enterprise is a complex of measures for the Elimination of mines, demolition and dismantling of buildings, constructions, equipment, mining enterprise, precluding the possibility of their further use and protecting public health and the environment Wednesday, security of buildings and constructions;
18) Elimination of mine workings-complex of measures aimed at the implementation of the mandatory measures precluding the possibility of use of underground and open mine workings;
19) deposit of minerals-natural mineral accumulation, which in quantitative and qualitative terms and on the conditions of occurrence may be subject to industrial development to the current state of technology and technology in existing economic conditions;
20) mineralogical, paleontological and other geological collection materials-samples of minerals, rocks and ores, fossil remnants of flora and fauna that can be used to create and replenish the collections of scientific, artistic and decorative and other appointments, as well as material for artistic and other crafts;
21) mineral raw materials is taken to the surface rock, Hardrock raw materials containing minerals, except for fresh, healing, geothermal water and hydrocarbon raw materials;
22) mineral-raw-material base is a set of proven and preliminary estimated mineral reserves and resources in the subsoil;
23) subsoil user (user) means a natural or legal person who holds the right of subsoil use;
24) experimental-industrial production-mining carried out in the assessment stage in order to clarify the existing and more information about the geological structure of the site subsoil, mining and geological conditions of refining, quantifying and mineral composition of mineral ore processing technology, the choice of mining equipment and mode of operation;
25) basic declension-declension indicating industrial importance deposits, use of this field and having the highest content in source raw materials or the highest share in the stocks of the deposit;
26) rational use of subsoil-a set of legal, institutional, technical, environmental and other activities that deliver the most complete minerals extraction and efficient use of resources, prevention of pollution of subsoil resources when carrying out work connected with subsoil use, reducing the harmful impact of these works, as well as other environmental components Wednesday when using mineral resources;
27) guard rear sight-in the depths of the minerals located within the protective zones of large bodies of water, within the boundaries of the settlements, capital structures and agricultural sites, State natural reserves, national parks, State natural monuments, history and culture and other specially protected natural territories, as well as a portion of the reservoir (aquifer) mineral, not extracted or temporarily extracted from the subsoil during mining in order to safeguard mountain formulation and surface installations;
28) mineral processing-work associated with the extraction of useful components of mineral resources;
29) exploration-a complex of works aimed at the discovery of mineral deposits, assessing their industrial value;
30) minerals-natural mineral education, hydrocarbons and groundwater that are in solid, liquid or gaseous state in the subsoil and the chemical composition and physical properties which allow you to effectively use them in the sphere of material production;
31) passing minerals-mineral complexes (rocks, ores, underground water, pickles, passing petroleum gases and gas condensate), minerals, metals and other chemical elements and their compounds, conjugate and extracted with basic minerals mining and processing at the drafting of the main mineralisation are cost-effective and rational utilization which is economically feasible;
32) exploration (prospecting)-work associated with a detailed geological study found in search of mineral deposits on their stocks and quality;
33) mining complex interrelated mining to extraction of mineral resources;
34) dilution to reduce the content of mineral components in mineral extraction due to it primešivaniâ waste rock or substandard raw materials;
35) man-made mineral formations-the accumulation of mineral formations, rocks, fluids and mixtures containing useful components that are wastes of mining, ore dressing, metallurgy and other types of productions of subsoil users and suitable for industrial use;
36) cross-border deposit minerals-plot, in which localized declension, crossing the State border of neighbouring States;

37) cross-border geological structure is coming across the border of the geological formation in which are deposited or may lie uniform for neighboring States cross-border deposits of minerals;
38 subsoil plot) is part of the subsoil with defined spatial boundaries, having characteristics reflected in the State Cadastre of mineral resources and the mining allotment permit certification Act;
39) hydrocarbon resources-crude petroleum and natural gas, as well as all derived or extracted components together with them;
40) oil works-all works on the exploration for and exploitation of hydrocarbons, made in accordance with the Turkmenistan law "on hydrocarbon resources" and the contract concluded in accordance with the Act.
 
Article 2. Turkmen legislation on mineral resources 1. Turkmen legislation on mineral resources is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan governing relations in the sphere of use and protection of mineral resources.
2. Relations connected with the use and protection of air, land, water, flora and fauna, aquatic biological resources, including in the Turkmen sector of the Caspian Sea, arising during the use of the subsurface are governed by other normative legal acts of Turkmenistan.
3. Relations arising during the execution of the petroleum operations are governed by the Turkmenistan law "on hydrocarbon resources", unless otherwise stipulated by this law.
4. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. The goals and objectives of this law 1. The purpose of this Law is to regulate relations in the sphere of subsoil use, protecting the interests of Turkmenistan and its citizens, as well as the rights of subsoil users and protection of natural resources.
2. The objectives of this law is to establish the legal guarantees and the creation of conditions to ensure the country's economic growth and the well-being of the people of Turkmenistan, strengthening the rule of law in the field of subsoil use, ensuring reproduction of mineral-raw-material base, the creation of favourable conditions for attracting investment, management, integrated use and protection of the subsoil surrounding the Wednesday and secure operations, associated with the use of mineral resources.
 
Article 4. Basic principles for the use and protection of mineral resources utilization and protection of the subsoil are carried out based on the following basic principles: 1) the completeness and complexity of the geological survey;
2) rational and efficient use of resources and their protection;
3) Regulation in the sphere of use and protection of mineral resources;
4) payment for subsoil use, except as otherwise provided in this law and other normative legal acts of Turkmenistan;
5) safety when carrying out works and the protection of life and health, property of citizens, including individual entrepreneurs and legal entities, as well as property owned by the State;
6) prevention of adverse effect on the subsoil environment Wednesday and the health of the population.
 
Article 5. Ownership of the subsoil 1. The subsoil and its resources in its natural state on the entire territory of Turkmenistan, including the Turkmen sector of the Caspian Sea, are national property of the people of Turkmenistan and the exclusive property of the State and granted by the State only in use.
2. agreements or actions directly or indirectly violate the property right of the State to the bowels are null and void.
3. the subsoil areas may not be the subject of sale, donation, inheritance, contribution, or alienated in a different form.
4. right of disposal of the subsoil and its resources, as well as the identification of the user of the subsoil belongs to the Cabinet of Ministers of Turkmenistan.
 
 
CHAPTER II. Governance and control in the sphere of use and PROTECTION of MINERAL RESOURCES Article 6. Authorities exercising State administration and control in the sphere of use and protection of mineral resources 1. Governance and control in the sphere of use and protection of mineral resources carried out by the Cabinet of Ministers of Turkmenistan, the public authorities in the sphere of use and protection of mineral resources, the local executive authorities and bodies of local self-government.
2. the public authorities in the sphere of use and protection of mineral resources are: 1) the authorized State body in the field of geology;
2) authorized State body in the field of control over rational use and protection of mineral resources, safety work connected with the use of mineral resources;
3) authorized State body in the field of environmental protection;
4) authorized State body in the field of oil and gas industry and mineral resources;
5) authorized State body in the field of oil production;
6) authorized State body of gas;
7) authorized State body in the field of construction materials;
8) the authorized State body in the field of the chemical industry.
 
Article 7. Competence of the Cabinet of Ministers of Turkmenistan in the sphere of use and protection of mineral resources 1. The Cabinet Of Ministers Of Turkmenistan:

1) defines and implements the State policy in the field of subsoil use, provides comprehensive geological exploration of mineral resources, defines the strategy of use, rates of mineral production and reproduction the expansion of mineral-raw-material base by developing and implementing State programmes;
2) adopts the normative legal acts in the sphere of use and protection of mineral resources;
3) conducts Antimonopoly Policy in the field of subsurface use;
4) develops and implements the State policy in the field of subsurface use;
5) coordinates the development and perfection of the system of paid research study of subsoil use, mineral resources, raw materials and commodity products;
6) regulates the rational and safe use and protection of mineral resources in accordance with this law;
7) generates a system of organizations, providing storage and systematization of geological and other information on mineral resources;
8) establishes the procedure for State monitoring of the State of the bowels;
9) approves the draft classifications of reserves and resources of mineral deposits;
10) addresses other issues falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
2. The State Commission on mineral reserves under the Cabinet of Ministers of Turkmenistan (hereinafter-Committee on reserves): 1) organizes the state geological and economic examination of the feasibility studies of projects conditions of mineral raw materials;
2) approves the conditions for the calculation of mineral reserves in the depths and their posting on the State balance, submits materials and parameters of subsoil areas suitable for use for purposes not related to the extraction of mineral resources shall provide information for their public accounting;
3) organizes a public examination of geological information on subsurface mineral reserves, according to the results of geological exploration, resource assessment material deposits, including the Turkmen sector of the Caspian Sea, to consider these materials, with the participation of interested users of bowels;
4) argues in the bowels of the minerals in accordance with the existing classifications of mineral resources and mineral deposits, determines the degree of prospects or futility of subsoil areas proposed for the construction of underground structures not related to mining, industrial development or other purposes;
5) performs the examination material geological information on mineral potential and other properties of the subsoil in relation to revaluation of mineral resources based on the results of the activities and the need to review the conditions of their use;
6) leads state monitoring of the status of stocks of minerals in the bowels;
7) gives opinion on the commercial opening of mineral deposits, deposits in readiness for the design, evaluation and exploration, development, and putting them in trial production and industrial development;
8) is developing, with the participation of interested companies, organizations and institutions the draft classifications of reserves and resources of mineral deposits in the prescribed manner and shall submit them for approval to the Cabinet of Ministers of Turkmenistan;
9) is in the authorized State body in the field of geology information on approved mineral potential for drawing up State balance of mineral reserves;
10) gives opinion on the appropriateness of public charge balance of mineral reserves (in addition to widespread) and the need for their geological, quantitative and economic reassessment;
11) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 8. The competence of the public authorities in the sphere of use and protection of mineral resources 1. The authorized State body in the field of Geology: 1) carries out work on geological studying of mineral resources, exploration work in prospecting and exploration of mineral deposits on the territory of Turkmenistan;
2) implements State registration of works on geological studying of the subsoil;
3) carries out State registration of mineral deposits, as well as subsoil areas used for the construction of underground structures not related to extraction of mineral resources;
4) produces maps of geological and geophysical knowledge, including, but not limited to, coordinates, profiles and maps of the mine workings, maps of mineral deposits and subsoil areas used for any purpose;
5) establishes the procedure for State registration and State Register of works on geological studying of the subsoil;
6) leads the State balance of mineral resources, including groundwater;
7) leads the State Cadastre of deposits and manifestations of minerals, including deposits of underground waters;
8) leads the State subsoil condition monitoring;
9) for the prospecting and exploration of mineral deposits of solid minerals carries out work on drilling exploratory and appraisal wells;

10) carries out the State Geological monitoring compliance with the legislation of Turkmenistan on mining and geological exploration works;
11) carries out the State control over protection of the deposits of groundwaters against depletion and pollution;
12) gives permission to search, exploration and exploitation of deposits of underground waters;
13) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
2. Authorized State body in the field of control over rational use and protection of mineral resources, safety work connected with subsoil use: 1) monitors all natural and legal persons of the subsoil user requirements of the legislation of Turkmenistan on the rational use and protection of mineral resources, as well as for the safe conduct of work connected with the use of mineral resources;
2) provides mountain taps for mining (except widespread minerals) in the manner prescribed by the legislation of Turkmenistan;
3) carries out the State control over safety of mining and mining works designing mountain manufactures and objects in order to prevent and eliminate the harmful impact on people, the environment Wednesday, buildings and other objects, as well as the works connected with the use of mineral resources;
4) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
3. Authorized State body in the field of nature protection: 1) exercises State control over use and protection of the subsoil in part prevent contamination of the subsoil for all types of works, including those related to the use of mineral resources, with underground storage of oil, gas or other substances and materials, and disposal of hazardous substances and waste, dumping sewage;
2) participates in the development of the State Cadastre of the subsoil in accordance with the legislation of Turkmenistan;
3) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
4. Authorized State body in the field of oil and gas industry and mineral resources: 1) analyses of availability of oil and gas and mineral resources of the territory of Turkmenistan and control their rational use;
2) carries out analysis of environmental standards and regulations in the field of environmental protection Wednesday at the facilities of the oil and gas complex of Turkmenistan;
3) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
5. Authorized State body in the field of oil production: 1) is developing oil and gas fields and oil and associated gas;
2) carries out drilling of production wells to reach planned levels of oil production, as well as, where appropriate, after the search of a mineral deposit or its stations-maintenance and drilling of exploratory wells with core;
3) operates, research, underground and overhaul of boreholes, as well as the intensification of oil production;
4) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
6. The authorized State body in the field of gas extraction: 1) develops gas and gas-condensate fields;
2) organizes and carries out work on gas processing, gas and products of its processing for export, procurement of necessary equipment and materials, marketing in foreign economic activity;
3) develops long-term and short-term development programs and increasing production capacity for gas and gas condensate production, preparation, processing and transportation of natural gas, as well as gas exports and products of its processing;
4) carries out production by natural gas processing and storage;
5) transports natural gas, its products and gas condensate to consumers outside the territory of Turkmenistan;
6) sells gas condensate, natural gas and products of its processing for consumers, as well as the export of Turkmen natural gas and products of its processing;
 
 
7) carries out drilling of production wells in order to achieve the planned levels of production of natural gas, as well as, where appropriate, after the search of a mineral deposit or its stations-maintenance and drilling of exploratory wells with core;
8) operates, research, underground and overhaul of boreholes, as well as intensification of gas extraction;
9) carries out the geophysical works using advanced methods;
10) works to prevent oil gushers and elimination of the consequences when they occur, gazospasatel′nye work at the facilities of the oil and gas industry;
11) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.

7. Authorized State body in the field of construction materials industry: 1) carries out exploration and mining for the production of building materials;
2) solves other issues falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
8. The authorized State body in the field of the chemical industry: 1) carries out exploration and mining for the production of chemical products;
2) solves other issues falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 9. The competence of the local authorities and local self-government bodies in the sphere of use and protection of mineral resources 1. Local executive bodies: 1) participate in addressing issues related to the observance of economic, social and environmental interests of the population, by granting the use of subsoil areas on their territory;
2) provide in the use of land for geological studying subsoil without taking land from land users;
3) provide the land allotment to subsoil use in the manner prescribed by the land legislation of Turkmenistan;
4) impose restrictions on the use of the subsoil areas on their territory if this use may have a negative impact or harm to human health and the environment Wednesday;
5) participate in the implementation of State programs for geological survey and development of mineral-raw-material base on their territory;
6) organize public environmental appraisal of projects in the field of subsurface use;
7) take a decision to terminate unauthorized use subsurface and unauthorized building areas of occurrence of mineral resources;
8) provide within the scope of their powers, the protection of the rights of subsoil users and the interests of citizens on subsoil use;
9) decide any other matters falling within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
2. Local Government bodies within its competence, shall exercise the functions and powers in the sphere of use and protection of mineral resources, referred to in paragraph 1 of this article, in cooperation with the local bodies of executive power.
 
Article 10. The participation of citizens and NGOs in the implementation of the activities on the use and protection of the subsoil of the 1. Citizens and public associations in carrying out its activities in the sphere of use and protection of mineral resources have participated in: 1) discussion of draft regulations on the use and protection of mineral resources at the stage of their preparation and submit their comments developers;
2) initiation and organization of public environmental assessments and hold public hearings on the development of mineral deposits;
3) holding public environmental control in the sphere of use and protection of mineral resources;
4) activities on the use and protection of the subsoil in accordance with the legislation of Turkmenistan.
2. citizens and public associations in carrying out its activities in the sphere of use and protection of mineral resources have the right: 1) receive from government agencies and organizations with reliable information about plans to develop mineral deposits and the possible negative impact of mining on the environment and human health, Wednesday;
2) raise questions about the prosecution of individuals and legal persons to bring a court action for damages caused to the health and/or property of citizens as a result of the violation of the legislation of Turkmenistan;
3) to submit suggestions, statements and complaints in the public administration, law enforcement and judicial bodies, as well as to require cancellation of administrative or judicial decisions on the development of mineral deposits that have a negative impact on the environment and human health, Wednesday;
4) possess other rights established by the legislation of Turkmenistan.
 
CHAPTER III. SUBSOIL USE Article 11. Types of subsoil use 1. Subsoil use for: 1) geological studies, including experimental-industrial mining, which can be carried out in order to clarify certain geological and other parameters, the choice of rational methods of mineral on the basis of a draft of such works;
2) mining, including the use of wastes of mining and related processing industries;
3) construction and operation of underground structures not related to mining (installations for the storage of substances, materials, special equipment and waste production), the use of the Earth's heat, sewage and other needs;
4) education of especially protected natural geological objects of scientific, cultural, aesthetic, health-improving and different meaning (scientific and educational polygons, geological reserves, nature reserves, natural monuments and museums, caves and other natural and man-made (artificial) underground cavities);

5) a collection of mineralogical, paleontological and other geological collection materials.
2. the subsoil use of radioactive raw material extraction and the dumping of radioactive wastes and toxic substances is under full State control.
3. The subsoil can be in use simultaneously for geological exploration and mining (combined use).
 
Article 12. Subsoil users Users of the subsoil can be natural persons and legal entities irrespective of their form of ownership.
 
Article 13. Terms of subsurface areas 1. Subsoil use for a certain period or without term limits.
2. For a certain period of subsoil use for: 1) geological survey-for up to 6 years (term geological study can be extended twice the duration of each period of up to two years in accordance with the terms of the license and the contract);
2) mining-for up to 20 years (the duration of the license may be extended for five years in accordance with the terms of the license and the contract, the deposit development project);
3) geological exploration and mining (combined use)-for up to 25 years.
3. Without limitation of subsoil use for: 1) the construction and operation of underground structures not related to extraction of mineral resources;
2) construction and operation of underground constructions associated with the disposal of waste;
3) construction and operation of oil and gas;
4) education of especially protected natural geological objects and other purposes.
4. If necessary, the period of temporary use of subsoil areas can be extended.
The period of time required to conduct land reclamation, as well as to bring the broken when using subsurface other components surrounding Wednesday in a condition suitable for further use of the services is included in the term of subsoil use.
 
Article 14. Provision of subsoil use 1. Subsoil use right for the purposes of this act arises under license.
The license establishes the boundaries of the area provided by the mining lease (with a limit on the depth development of mineral deposits), within which it is permitted to work.
2. For the development of mineral deposits bowels are provided in the form of a mining lease (with a limit on the depth development of mineral deposits), which is an obvious block based on license and act certifying the mining allotment permit (gornootvodnyj Act).
3. Gornootvodnyj Act certifies the border mining lease and is issued on the basis of user subsoil mining allotment project.
4. Allotment of land for the development of mineral deposits and the construction of mining enterprise is issued after obtaining a mining lease in the manner prescribed by the land legislation of Turkmenistan.
5. The public authorities in the sphere of use and protection of mineral resources have the rights to provide natural and legal persons in the use of the subsoil areas under the conditions prescribed by this law and other normative legal acts of Turkmenistan.
 
Article 15. Subsoil use restrictions 1. The use of separate sites of the subsoil may be restricted or prohibited purposes: 1) the preservation of environmental sustainability and of environmental protection Wednesday;
2) national security;
3) preserve protected natural geological objects.
2. the subsoil use may be restricted or prohibited in the territories: 1) settlements, industry, transport and communications and other infrastructure;
2) zones of sanitary protection of water objects, land allocated under the drainage strips along the banks of water bodies;
3) object with a particular national importance, scientific, cultural or medicinal value.
3. Royalty on specially protected territories is carried out in accordance with the Turkmenistan law "on especially protected natural territories".
 


Article 16. Licensing in the field of subsoil use

1. licensing in subsoil use is carried out in accordance with normative legal acts of Turkmenistan about licensing.
2. When the suspension or termination of subsoil use rights in cases stipulated by the legislation of Turkmenistan, the license on subsoil use is subject to suspension or termination.
3. The public authorities in the sphere of use and protection of mineral resources, possessing the right licence may suspend the license in cases of repeated violations or flagrant violation by the licensee of licensing requirements and conditions, as well as in other cases stipulated by the legislation of Turkmenistan.
4. the suspension of the right of subsoil use and license means the suspension of the principal activity and, as a rule, related auxiliary works, except for the maintenance workings, buildings, installations and equipment in the bezavarijnom that is safe for people and the environment State Wednesday. In case of suspension of the right of subsoil use licence from the subsoil user persists.

5. The public authorities in the sphere of use and protection of mineral resources, taking a decision on the suspension of the licence, are obliged to set a deadline for removing the subsoil user violations resulting in license suspension. The specified period does not exceed six months.
If, within the prescribed time limit, the licensee has not eliminated the violations, the public authorities in the sphere of use and protection of mineral resources has the right to file a claim in the Court of cancellation of license.
6. After elimination of violations, which led to suspension of a license, the license holder is in the appropriate State authorized body in the sphere of use and protection of mineral resources statement on renewal of the license.
The public authorities in the sphere of use and protection of mineral resources, have suspended the license within: 1) ten working days from the date of receipt of the application authenticates the correct user of violations, which led to the suspension of the licence;
2) the next three working days based on the results, decide on renewal or refusal to resume its activities and inform the subsoil user in writing.
7. termination of subsoil use rights and license means that the licensee within the stipulated time frame produces stop main activity and receiving goods, specified in the license begins on the indication of the authorities who license, work on preservation or elimination of mining and infrastructure associated with the use of mineral resources.
Work on the preservation or elimination is considered completed after the signing of the Act of liquidation or conservation authorities granting the license. After completion of the specified works on preservation or elimination of subsoil user loses all rights, shall be exempt from all duties that he had, in accordance with the license. The license is cancelled.
8. termination of subsoil use rights and cancellation of licenses are based on the decision of the Court in the manner prescribed by the legislation of Turkmenistan on licensing.
 
Article 17. Contractual conditions of activities in the field of subsoil use 1. Types of subsoil use provided for in article 11 of this law, shall be carried out on the basis of the conclusion of contracts for subsoil use.
2. Types of subsurface use contracts and their conditions are being identified by the parties in accordance with the provisions of this law and other normative legal acts of Turkmenistan in the sphere of use and protection of mineral resources.
3. In accordance with this Act in carrying out exploration and mining works for the following types of contracts: 1) production sharing agreement;
2) concession (lease) contract;
3) contract for the provision of services (with the risk or no risk);
4) other contracts not forbidden the legislation of Turkmenistan.
4. Depending on the nature of the particular kinds of works on the use of resources and other circumstances allowed the combination of these and other types of contracts.
 
Article 18. Standardization and certification of subsoil and subsoil use certification Standardization carried out in accordance with the legislation of Turkmenistan.
 
Article 19. Features of the subsoil to meet individual business and household needs 1. Owners and users of land plots have the right, in its sole discretion, within the boundaries of their plots: 1) use for industrial and domestic purposes obŝerasprostranënnye minerals not listed on the State balance and lying down to a depth of no more than five metres, without the use of blasting;
2) construction of underground structures for their needs to a depth of five metres, but no deeper than the first level of the aquifer for drinking purposes;
3) to carry out the construction and operation of domestic wells and boreholes to a depth to the surface of the first aquifer, a non-centralized water supply source.
2. The owners or users of land plots may be deprived of their right of extraction of widespread minerals and underground water for their needs within the land belonging to them in the event of damage to the bedrock surrounding the Wednesday and historical and cultural objects, a breach of the rules regarding the use of mineral resources, as well as in other cases stipulated by the legislation of Turkmenistan.
 
Article 20. The rights and obligations of subsoil user 1. Subsoil user has the right to: 1) independently make any legitimate action subsoil within the plot of the subsoil in accordance with the conditions laid down in the license and the contract;
2) use, at its discretion, the results of its activities, including mined mineral and hydromineral raw material, unless otherwise provided by treaty;
3) use man-made mineral education acquired in the process of mining and processing of mineral raw materials in-house, unless otherwise provided in the license;
4) without additional permissions geological exploration at its own expense within the boundaries of the mining lease, given to him in accordance with the licence;

5) contact the authorized State bodies in the sphere of use and protection of mineral resources for the revision of the terms of use subsoil plot due to changes in the market conditions for mineral raw materials and products of its processing, in which mining is economically impractical, as well as if there are circumstances markedly different from those under which the licence was issued;
6) exercise their right to extension of the use of the subsoil plot set clause 13 of this Act;
7) have other rights stipulated by this law and other normative legal acts of Turkmenistan.
2. the subsoil User in agreement with the public authorities in the sphere of use and protection of mineral resources has the right to: 1) make decisions on technology of works connected with use of mineral resources;
2) make, in accordance with established procedure changes in technical projects, mine development plans, as well as in mining projects;
3) construct on it a stretch of the subsoil and, if necessary, on other plots allocated to it in accordance with the established procedure, objects of industrial and social sphere, necessary for the implementation of work related to the use of mineral resources;
4) use on a contractual basis objects of industrial infrastructure as on him stretch and beyond;
5) involve implementing on a contractual basis of certain types or complex of works related to the use of mineral resources;
6) transfer its rights or part of their rights to other persons under the conditions laid down in this law.
3. the user of the subsoil is obliged to: 1) use subsoil plot given to it in accordance with the purpose for which it is granted;
2) to abide by the rules and regulations for the technology of works connected with use of the subsurface and mineral processing and hydromineral raw material;
3) comply with the requirements of technical projects and development plans of mining works;
4) conduct geological, surveyor and other documentation in the process of mining, subsoil use in other purposes not related to the extraction of mineral resources, and to ensure its preservation;
5) maintain the quantity and quality of extracted and kept in the bowels of the stocks of basic and with them occurring minerals and associated mineral components, as well as mineral products and raw materials of hydro and man-made mineral formations;
6) save extracted, but is temporarily not used by minerals and passing useful components;
7) ensure compliance with the regulations in the mining and processing of mineral and hydromineral raw material;
8) avoid selective refining of rich plots of mineral deposits;
9) provide data on inventory of main and together with them occurring minerals and associated mineral components, as well as other information for reference of the State Cadastre of deposits and manifestations of mineral and technogenic mineral formations in the authorized State body in the field of geology;
10) present in the authorized State bodies in the sphere of use and protection of mineral resources data on volumes of extracted minerals;
11) provide the necessary documents, information and provide access to works control and supervision authorities in the discharge of official functions and timely address identified violations;
12) to ensure the safety of employees (personnel) and the population in the zone of influence of works connected with use of mineral resources;
13) ensure the safe conduct of work related to the use of mineral resources, the adoption of measures for the prevention of emergencies, plans to eliminate accidents;
14) to comply with the prescribed procedure for liquidation and conservation enterprises of mining and underground structures not related to extraction of mineral resources;
15) to ensure the safety of the mine workings and exploration, drilling wells, which can be used for mining and other purposes, as well as the Elimination of the mine in accordance with the established procedure and the drilling of wells, not to be for future use;
16) ensure that work on the planning or include terracing of slopes of dumps and pits, as well as erosion control measures;
17) to carry out activities for the protection of soil, air, land and water resources, soils, forests, flora and fauna and other environmental objects and buildings Wednesday from harmful influence of works connected with use of mineral resources, as well as to bring land and other natural objects, broken when using natural resources (reclamation), in a condition suitable for further use;
18) to pay a fee for the right of subsoil use, make payments for the reproduction of mineral-raw-material base and other mandatory payments;
19) incur other obligations stipulated by this law and other normative legal acts of Turkmenistan.
 
Article 21. Order the termination of the right of subsoil use 1. Termination of subsoil use rights is performed in the following order:

1) in case of withdrawal of the subsoil areas for State and public needs the right of subsoil use ceases immediately with simultaneous written notification about this subsoil user;
2) in cases of repeated violations or gross violation of the subsoil user licensing requirements and contractual terms and obligations, determining the granting of subsoil user inaccurate information when obtaining the license and use of mineral resources, as well as if, within two years of receipt of licence license holder has not started to use subsurface resources. In these cases the decision about the termination of subsoil use rights may be decided by the Court upon the expiration of three months from the date of written notification of the subsoil user of irregularities and failure to take measures to address them;
3) in the event of liquidation of the mining enterprise or other business entity, which were provided in the subsoil use, termination of subsoil use rights can be exercised upon expiration of six months from the date of written notification of the authorized State body in the sphere of use and protection of mineral resources.
2. When advance termination of subsoil use rights liquidation or conservation mining enterprise is made in the manner prescribed by section 31 of this Act.
3. The costs of preservation or elimination of mining enterprise bears the subsoil user, if the subsoil use terminated in case of refusal of the licensee of the right of subsoil use and for the reasons stated in paragraphs 2, 3 part 1 of this article, in case of fault of the subsoil user, or on its own initiative.
The costs of preservation or elimination of mining enterprise carries the State, if the subsoil use discontinued (suspended) in case of withdrawal of the subsoil areas for State and public needs and if the initiator of the Elimination of mining enterprise is a State.
Upon termination of subsoil use in case of withdrawal of the subsoil areas for State and public needs and costs incurred will be reimbursed one damage from lost profits for the remaining period of validity of the licence.
The extent of the damage and the procedure for compensation shall be determined in accordance with the legislation of Turkmenistan.
 
Article 22. Relationship management between users related subsoil areas 1. Relationship of users related subsoil areas governed by treaties. Free land or subsoil that exists between two or more mountain taps, may be granted by a decision of the subsoil user verging public authority issuing the gornootvodnyj Act.
2. Invasion of the workings within the boundaries of an alien mining lease shall not be permitted, except in cases involving the need to eliminate accidents and their consequences.
3. Examination of the workings of the subsoil user side with suspected his invasion in the confines of an alien mining lease shall be carried out by a public authority, opting for the extradition of the gornootvodnogo Act.
 
Article 23. Protection of the rights of subsoil users 1. One shall be guaranteed protection of his rights in accordance with this law and other normative legal acts of Turkmenistan.
2. amendments and additions to the present law and other normative legal acts of Turkmenistan, worsening the situation of the subsoil user, shall not apply to licenses and agreements (contracts), issued and signed before the adoption of the changes and additions.
3. the intervention of public authorities in the activity of the bowels is not permitted, except in the cases provided for in this law and other normative legal acts of Turkmenistan.
4. Buildings and structures erected on their subsoil plots, as well as their technological equipment purchased form the user ownership of the subsoil and can be transferred to the custody of the State or other subsurface users only in the manner prescribed by the legislation of Turkmenistan and subject to the conditions provided in the license.
5. When unjustified termination or suspension of the right to use subsurface damage caused by suspension of work shall be reimbursed by the public authorities, who decided on the termination or suspension of the right of subsoil use.
 
Article 24. Antitrust requirements when using the subsoil is prohibited or in the prescribed manner recognized by unauthorized actions of State bodies, as well as any subsoil users to: 1) restricting access to participation in competitions for acquisition of the right of subsoil use;
2) discriminate subsurface users, creating structure, competing with businesses occupying a dominant position in the subsoil use;
3) discrimination subsoil users in providing access to transport and infrastructure objects.
 
CHAPTER IV. REQUIREMENTS for the SOUND, the SOUND use and protection of the SUBSOIL of Article 25. The tasks of protection of mineral resources protection of the subsoil consists of a system of legal, organizational, economic, technological, environmental and other activities aimed at achieving the following objectives: 1) ensure completeness of mineral extraction and associated components, rational and integrated use;
2) preservation of the natural landscape and reclamation of disturbed lands, other geomorphological structures;

3) preservation of the natural properties of the upper parts of the subsoil in order to prevent landslides, flooding, subsidence of soil, desertification, soil salinization, landslides, soil erosion, pollution, earthquakes associated with technogenic impacts and minimizing their negative impact on the Wednesday.
 
Article 26. The basic requirements for the rational use and protection of the subsoil of the 1. The main requirements for the rational use and protection of the subsoil are: 1) compliance with the legislation of Turkmenistan, approved in accordance with the established procedure standards (regulations) in the field of geological exploration, utilization and protection of mineral resources;
2) ensure full and comprehensive geological survey;
3) conducting geological survey-ahead, providing assessment of the availability and (or) lack of mineral reserves or lot properties, provided the use is for purposes not related to the extraction of mineral resources;
4) conducting the State expertise and implementation of public accounting of mineral reserves, as well as subsoil areas used for purposes not related to the extraction of mineral resources;
5) providing rational and complex use of subsoil resources at all stages of subsoil use;
6) reliable accounting of recoverable and abandoned in the bowels of the stocks of basic and with them occurring minerals and their associated components, products of processing of mineral raw materials, waste and losses;
7) ensuring protection of mineral deposits from depletion, pollution, flooding, flooding, fires and other factors that reduce the quality of minerals and industrial value of deposits or complicating their development;
8) prevention of the harmful effects of activities connected with subsoil use, preservation of natural resources, preservation and conservation of exploited mine workings and underground structures, as well as on the natural Wednesday;
 
 
 
9) compliance with rules of conservation and liquidation of enterprises of mining and underground structures not related to extraction of mineral resources;
10) prevention of unauthorized building mineral areas and observance of the established procedure for the use of these areas for other purposes;
11) the inadmissibility of storage of hazardous substances and toxic waste on deposits, deposits, objects and constructions located in bowels;
12) prevent the accumulation of industrial and household waste in places of occurrence of groundwater, which is used to water supply;
13) compliance with other requirements of the rational use and protection of mineral resources, stipulated by the legislation of Turkmenistan.
2. in case of violation of the requirements provided by paragraph 1 of this article, use of mineral resources may be restricted, suspended or prohibited in accordance with the legislation of Turkmenistan.
 
Article 27. General environmental requirements for subsurface use 1. For all types of subsoil use, as a matter of priority, should be respected environmental requirements stipulated by the legislation of Turkmenistan on Wednesday environmental protection and management.
2. A prerequisite for subsoil use is a positive conclusion of the State environmental appraisal, issued by the authorized State body in the field of nature protection and containing conclusions on the feasibility of adopting a decision on the implementation of the proposed economic or other activity.
3. General environmental requirements when using the subsoil are: 1) the utilisation of the subterranean depth in accordance with the requirements of environmental legislation of Turkmenistan;
2) preservation of the Earth's surface due to the use of special techniques for developing mineral deposits;
3) prevention of man-made desertification;
4) applying preventive measures aimed at the prevention of dangerous technological processes of exploration, mineral extraction, as well as in the construction and operation of underground structures not related to exploration and mining;
5) subsoil protection from flooding, fires, and other natural factors complicating the maintenance and development of mineral deposits;
6) prevention of pollution of subsoil, especially when underground storage of oil, gas or other substances and materials, and disposal of hazardous substances and wastes;
7) observance of the established procedure for suspension, termination of subsoil use, conservation and the Elimination of mining facilities;
8) ensuring ecological and sanitary-epidemiological requirements during storage and placement of waste production, the products obtained after processing of mineral resources;
9) preventing wind erosion of the soil, overburden dumps and waste production, their oxidation and spontaneous combustion;
10) isolation of absorbing and freshwater aquifers to avoid their pollution;
11) prevention of depletion and pollution of groundwater.
 
Article 28. The basic requirements for the safe conduct of work related to the use of mineral resources

1. Construction and operation of mining companies, underground structures for various purposes, conducting geological survey is permitted only for securing the life and health of the employees of these enterprises and the population in the zone of influence of works connected with use of the subsoil.
2. responsibility for ensuring safe conditions for work related to the use of the subsurface resources rests with the managers or owners of enterprises.
When an imminent threat to the life and health of the population in the area of the works, related to use of the subsoil, the license holder must immediately suspend work and inform the local executive authorities and bodies of public administration.
3. the subsoil Users are obliged to ensure compliance with the requirements of the present law, other regulatory legal acts of Turkmenistan and regulatory instruments for the safe conduct of work related to the use of mineral resources.
 
Article 29. Terms of building space and mineral subsoil areas not related to mining activities 1. It is prohibited to design and construction of settlements, industrial complexes and other household objects to obtain the opinion of the authorized State body in the field of geology on the lack of minerals in the depths under the upcoming plot developments.
2. construction (reconstruction) of industrial and agricultural enterprises, towns, buildings, structures, and other objects on the areas mineral, accommodation in their abundance of underground structures not related to mining are prohibited.
3. Construction of mineral areas, and these areas of underground structures not related to extraction of mineral resources shall be permitted in exceptional cases and by the resolution of the Cabinet of Ministers of Turkmenistan subject to conditions: 1) enable the extraction of mineral resources;
2) costs related to the extraction of mineral resources with the inability to retrieve them from the depths.
4. Appropriateness of excavation of mineral reserves occurring under the built-up territories, or to preserve objects of built-up areas mineral, establishes technical and economic calculations and reasoning.
In the case of unauthorized building mineral areas and (or) the erection of underground constructions the perpetrators shall be liable for damage to property or the environment and resources Wednesday, in accordance with the legislation of Turkmenistan without compensation produced cost.
5. Natural and legal persons responsible for the unauthorized development areas mineral and fraudulent placement on these areas of underground structures not related to mining, as well as in violation of the terms and conditions under which the issued permission shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 30. Protection of the subsoil areas of particular scientific, historical or cultural value 1. Rare geological discovery, mineralogical, palaeontological objects education subsoil areas of particular scientific, historical or cultural value may be declared in the order established by the legislation of Turkmenistan State nature reserves, protected areas or public monuments of nature. Economic and other activities in these areas either in the territory of the specified objects is regulated by the legislation of Turkmenistan on specially protected natural territories.
2. in the case of discovery during the use of the mineral resources of rare geological and mineralogical formations, meteorites, paleontological, archaeological, and other objects of interest to the science or culture, subsoil users are obliged to suspend work at the appropriate polling station, to ensure their safety and to inform the authorities of the local authorities and the relevant State bodies.
 
Article 31. Conservation and liquidation of enterprises, related royalty 1. Liquidation and preservation of mining enterprises and use of resources for other purposes not related to the extraction of mineral resources shall be exercised in the following cases: 1) expiration of subsoil use;
2) full refining balance reserves of minerals in the absence of growth prospects and the inability to engage in off-balance-sheet reserves;
3) further develop uneconomical deposits or parts of it, as well as subsoil use in other purposes;
4) emergence of a threat of flooding, fire and destruction of the mine workings, the prevention of which is technically impossible;
5) lack of need in the subsoil usage for other purposes not related to mining.
2. liquidation and preservation of mining enterprises mining and use of resources for other purposes not related to mining, subsoil user are carried out on a special project, agreed with the relevant public authorities in the sphere of use and protection of mineral resources.

3. In case of liquidation or conservation related businesses using subsoil license holder must: 1) at the completion of the geological and surveyor documentation and submit it to the storage on the Act to the authorized State body in the field of geology;
2) lead mining in the State, providing security for the population and buildings, environmental protection Wednesday, as well as the preservation of mineral deposits;
 
 
 
3) to undertake work to bring Earth's surface in a condition suitable for further use (reclamation);
4) an expert assessment of the status of the mountain massif (resistance, possibility of collapses).
4. Pending the completion of liquidation or conservation of mountain enterprises subsoil user performs all the responsibilities for the use of resources and responsibility in accordance with the Treaty and the present law.
5. Liquidation or conservation mining enterprise or underground structures not related to mining, is considered to be completed after signature by the relevant public authorities in the sphere of use and protection of mineral resources Act to eliminate or conservation in consultation with local bodies of executive power.
6. When the complete or partial liquidation or conservation of mining enterprises mining must be given in the safety status of the population and buildings, environmental protection Wednesday, and to preserve the safety of mineral deposits, workings on all the time.
 
Chapter v. GEOLOGICAL EXPLORATION Article 32. Objectives and tasks of geological survey 1. Geological exploration is carried out in order to obtain the necessary and accurate information about the subsurface and mineral resource assessment, determine the patterns of their education, the establishment of mining and other conditions of mining and use of subsoil for purposes not related to mining.
2. the tasks of the geological survey are: 1) the complex study of the subsoil;
2) receiving information, providing rational, effective and safe use of mineral resources;
 
3) development of mineral-raw-material base;
4) identifying new mineral deposits and reproduction of mineral-raw-material base;
5) geological-economic estimation of mineral deposits.
 
Article 33. The basic requirements for geological study of subsoil geological subsoil must be ensured: 1) rational, scientifically sound direction and effectiveness of work on geological studying of the subsoil;
2) objectivity and required completeness of the information on the geological structure of the subsoil, hydrogeological, technological, mining, environmental and other conditions of the development of mineral deposits, as well as construction and operation of underground structures not related to extraction of mineral resources;
3) reliability determine the quality and quantity of basic and with them occurring mineral resources and their associated components;
4) exploration of technological properties of ores, development of low-waste and non-waste technologies of processing of mineral raw materials;
5) safety of geological and other documents received in the course of geological study, exploration, mining and drilling wells, samples of rocks and ores, duplicate samples of minerals, which can be used in further geological and mining, as well as during the use of the subsoil for purposes not related to the extraction of mineral resources;
6) reliability of the quantitative and qualitative characteristics of the technological entities;
7) placing extracted from the depths of rocks and minerals, icklûčaûŝee their harmful influence on the environment Wednesday.
 
Article 34. Preparation and transfer of proven mineral deposits for industrial development 1. Commercial development shall be explored mineral deposits or their land, mineral deposits, which have been approved by the Commission on mineral resources.
2. Mineral combinations evaluated by an independent international audit organization, subject to public examination and approval by the Commission on mineral resources.
3. Organization, razvedavšaâ deposit of minerals, and the Commission on mineral resources shall bear responsibility for authenticity of the geological and other information in accordance with the legislation of Turkmenistan.
4. Deposits of minerals, which are not developed effective technological schemes of enrichment and processing of mineral resources, subject to conservation and industrial development.
5. the procedure of transferring the mineral deposits in industrial development is established by the Cabinet of Ministers of Turkmenistan.
 
Article 35. Pioneers of mineral deposits

1. individuals who opened and (or) razvedavšie has a commercial value previously unknown deposit of minerals, as well as additional clear mineral deposits or a new declension on formerly known mineral deposit, substantially increasing its commercial value, are recognized pioneers of mineral deposits.
2. Pioneers of mineral deposits shall be entitled to remuneration.
3. the procedure for remuneration of the pioneers of mineral deposits is determined by the Cabinet of Ministers of Turkmenistan.
 
Article 36. Geological information about the depths of 1. Geological information on mineral resources includes information about the geological structure of the subsoil, the quality and quantity of the mineral and other resources of the subsoil, the conditions of their production or use, about the phenomena and processes occurring in the bowels, the details of which are contained in geological reports, maps, other text and graphic documents and recorded on material (paper), electronic or other media.
The results of processing geological information on mineral resources are the subject of intellectual property. Its use is governed by the legislation of Turkmenistan on intellectual property.
2. Regardless of the source of funding, geological information about the bowels of the mandatory gratis transferred to storage, systematization and generalization in the authorized State body in the field of geology.
The composition of geological information on subsurface, terms and order of its provision shall be established by the authorized State body in the field of geology.
Geological information on subsurface is provided by natural and legal persons engaged in geological exploration, mining, subsoil use for purposes not related to mining.
3. Authorized State body in the field of geology accumulating geological information about the subsurface, its systematization, generalization and use in order to: 1) justification for assessing the current and future state of mineral-raw-material base of the country;
2) rationale and strategy directions of exploration works;
3) management of public balance sheets of mineral reserves;
4) accounting works on geological studying of the subsoil;
5) issuance of opinions on the presence or the absence of borders requests plot explored mineral deposits;
6) design and construction of mountain enterprises engaged in mining and their pre-processing (cleaning, enrichment);
7) for other purposes, envisaged by the legislation of Turkmenistan.
4. geological information on subsurface, held by the authorized State body in the field of geology, not subject to distribution in cases stipulated by the legislation of Turkmenistan.
5. the authorized State body in the field of geology work on the accumulation of geological information about the subsurface, its systematization and generalization carries out Geological Fund of Turkmenistan.
Geological structure of the Fund of Turkmenistan and its formation, maintenance and use of its data are established by the Cabinet of Ministers of Turkmenistan.
 
Article 37. Ownership of subsoil geological information 1. Information about the geological structure of the subsurface mineral resources, mineral resources, geological mining parameters, on the conditions for their development, as well as other characteristics of the subsoil, contained in geological reports, maps and other materials, is the property of the State.
2. officials of the Geological foundation Turkmenistan must ensure the confidentiality of the geological information about the subsurface and are responsible for its preservation in accordance with the legislation of Turkmenistan.
Duration of the confidentiality of all geological information on subsoil or the part thereof, as well as the possibility and terms of transfer of geological information about the bowels of the ownership of the subsoil user state property are determined by the agreement (contract).
Geological Fund of Turkmenistan may not within the prescribed period of license without the consent of subsoil users prospecting facility at its own expense, to use geological information on mineral resources for commercial purposes.
3. How to use geological information on subsoil, which is State-owned, in educational, scientific, commercial and other purposes determined by the Cabinet of Ministers of Turkmenistan.
4. use in educational, scientific, commercial and other purposes of geological data on depths obtained at the expense of subsoil users and transmitted them in accordance with part 2 of this article, the Geological Fund of Turkmenistan are allowed upon agreement with the owner of a license for carrying out of works, as a result of which received this information.
5. Upon termination of the agreement (contract) all available geological information on subsurface gratis is passed into the ownership of the subsoil user state.
6. the right of ownership to geological and other information about the depths protected in the manner prescribed by the legislation of Turkmenistan.

7. the use of geological information on subsurface is carried out on a fee basis. The fee for the use of geological information about the bowels of the Cabinet of Ministers of Turkmenistan.
 
CHAPTER VI. STATE ACCOUNTING of SUBSOIL USE and status of mineral-raw-material base of Article 38. Maintaining public accounting of subsoil use and status of mineral-raw-material base 1. State accounting of subsoil use at all stages of subsoil use is the basis for the elaboration of the strategy for the development of mineral-raw-material base of Turkmenistan and subsurface geological, mining and processing of mineral raw materials, use of mineral resources for other purposes, the use of production wastes.
2. in order to ensure the planning of works on geological studying and use of subsoil for mining, as well as for other purposes: 1) conducted State registration and accounting of geological work is the study and use of subsoil for mining and other purposes;
2) public examination, assessment and approval of mineral reserves Commission of stocks;
3) is the State balance of mineral reserves;
4) maintained State Cadastre of deposits and manifestations of mineral and technogenic mineral formations;
5) is a public accounting of mineralogical, paleontological, and other unique natural geological objects;
6) write-down of mineral reserves;
7) conducts public accounting of subsoil areas used for purposes not related to mining.
3. State registration of subsoil use of Turkmenistan is carried out in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
 
Article 39. State registration of works on geological studying subsoil Work on geological studying and use of subsoil for mining and other purposes, carried out on the territory of Turkmenistan, including the Turkmen sector of the Caspian Sea and transborder mineral deposits are made only after their State registration by the authorized State body in the field of geology.
 
Article 40. State examination in subsoil use 1. In order to create the conditions for sustainable integrated management of mineral resources, determine payment for subsoil use, boundaries, provided for use, proven deposits of minerals, estimated by State enterprises and (or) international companies subject to public examination and approval by the Commission on stocks.
2. Granting the right to use subsoil for mining is permitted only after conducting a State evaluation of mineral reserves. Conclusion of State expertise of proven mineral potential is the reason for their performances to the public accounting (balance).
State examination may be carried out at any stage of geological study of a mineral deposit.
3. State examination is also subject to geological information about the subsurface sites suitable for the construction and operation of underground structures not related to mining. Such use of subsoil areas is allowed only after conducting the State expertise of geological information on mineral resources.
4. the procedure for conducting the State expertise and approval of mineral reserves Commission on stocks, as well as fees for conducting the State expertise are determined by the Cabinet of Ministers of Turkmenistan.
 
Article 41. State mineral balance 1. The State balance of mineral reserves in order to state accounting of mineral-raw-material base. It should contain information about the quantity, quality and degree of knowledge of every kind of mineral reserves on deposits have industrial value (including the protective order), about their location, on the extent of industrial development, mining, losses and dilution of the security industry reserves of minerals.
2. The State balance of mineral resources is compiled annually and is based on data submitted to the Geological foundation Turkmenistan reporting users, engaged in the development of mining and processing of mineral raw materials, regardless of their form of ownership.
 
Article 42. The State Cadastre of deposits and minerals 1. The State Cadastre of deposits and manifestations of minerals is to ensure the development of the State and the geological survey Branch programs, comprehensive utilization of mineral resources, rational distribution enterprises in their production, as well as to address other business tasks.

2. The State Cadastre of deposits and manifestations of minerals includes information for each deposit of minerals that characterize the quantity and quality of basic and with them occurring minerals and mineral components contained in them, geotechnical, hydrogeological, ecological and other conditions for the development of the field and its geological-economic evaluation, as well as information on each manifestation of minerals.
3. The State Cadastre of deposits and manifestations of minerals is drawn up and carried out Geological Fund of Turkmenistan based on geological information on mineral resources provided by natural and legal persons engaged in geological exploration of mineral resources, exploration and development of core and associated minerals.
 
Article 43. State Cadastre of technogenic mineral formations 1. All man-made mineral formation (mining and processing waste minerals) in accordance with the provisions of this law shall be subject to certification of and accounting for the rational use and protection of mineral resources and the environment Wednesday.
2. The State Cadastre of technogenic mineral formations must contain information for each skladiruemomu object in the field of mining with the feature type and type of technogenic mineral formations with their qualitative and quantitative indicators, mining, environmental storage conditions.
3. The State Cadastre of technogenic mineral formations carried out Geological Fund of Turkmenistan based on user account.
 
Article 44. State registration of mineralogical, paleontological and other unique geological natural objects and materials 1. Public accounting are subject to the following mineralogical, paleontological and other unique geological natural objects and materials: 1) mineralogical, petrographic, lithologic materials having search value to identify deposits or cognitive and aesthetic value;
2) minerals, rocks and fossils, rare, unusual physical properties, large crystals and their bunches;
3) rare rocks and minerals, their peculiar exits to the surface or unusual manifestations in the mine workings;
4) paleontological remains of importance for biostratigrafii and play physical and geographical situation of the geological past;
5) natural and artificial geological outcrops with stratotipami, as well as rare or not specific to a particular region geological sections;
6) subsoil areas within which rocks reflect possessing features of the composition, structure and development of the Earth's crust.
2. Mineralogical, paleontological and other unique geological natural objects and materials, public accounting, are protected in accordance with the laws of Turkmenistan "on especially protected natural territories", "on protection of objects of national historical and cultural heritage.
3. State registration of mineralogical, paleontological and other unique geological natural objects and materials is carried out by the authorized State body in the field of geology.
 
Article 45. Cancellation of mineral reserves 1. Mineral deposits repaid during their production or not corroborated in subsequent geological or mining, have lost industrial value should be written off from the balance of the subsoil user with corresponding changes in the State balance of mineral reserves.
2. write-off of mineral reserves (in addition to widespread) is made on the basis of the decision of the authorized State body in the field of geology on the request of subsoil users and based on the findings of the authorized State body in the control over rational use and protection of mineral resources, safety work connected with the use of mineral resources, and the Commission on the stocks.
 
Article 46. State accounting of subsoil areas used for purposes not related to the extraction of mineral subsoil areas used for purposes not related to the extraction of mineral resources are subject to accounting by Geological Fund of Turkmenistan in the procedure established by the Cabinet of Ministers of Turkmenistan.
 


CHAPTER VII. STATE MONITORING



USE AND PROTECTION OF THE SUBSOIL



 



Article 47. The tasks of the State control over the use and protection of the subsoil

The task of the State control over the use and protection of the subsoil is to ensure compliance by all natural and legal persons of the subsoil user requirements of the legislation of Turkmenistan in the sphere of use and protection of mineral resources, the rules of public accounting and reporting in the process of doing work related to the use of mineral resources.
 
Article 48. Types of State control in the sphere of use and protection of mineral resources 1. In the sphere of use and protection of the subsoil and its resources, the following types of State control: 1) control in the field of the rational use and protection of mineral resources;

2) control in the field of geological exploration;
3) environmental monitoring;
4) control the safe performance of work in the field of subsoil use.
2. State control over use and protection of the subsoil rests with the public authorities in the sphere of use and protection of mineral resources, referred to in paragraphs 1-4 of part 2 of article 6 of this law, as well as special bodies of State control in accordance with the legislation of Turkmenistan.
3. the competence of the public authorities in the sphere of use and protection of mineral resources is determined by the present law and provisions on these bodies, approved by the Cabinet of Ministers of Turkmenistan.
The competence of the special State control bodies shall be determined in accordance with the legislation of Turkmenistan.
4. the procedure for implementation of State control over the use and protection of the subsoil is determined by the legislation of Turkmenistan.
 
CHAPTER VIII. PAYMENTS for SUBSOIL USE Article 49. Payment for subsoil use 1. Royalty is payable, except as provided for in article 54 of this law.
2. payment for subsoil use is set for economic incentives for rational and complex use of the mineral resources, mining and environment protection Wednesday, regulation of market relations in the field of subsoil use and solve social tasks.
3. The order, sizes and conditions of payment for subsoil use are established by the Cabinet of Ministers of Turkmenistan.
 
Article 50. The system of payments and benefits when using mineral resources 1. The system of payments and benefits in using subsurface throughout Turkmenistan including the Turkmen sector of the Caspian Sea and transborder mineral deposits, and applies to all users of the subsoil.
2. the system of payments and benefits, used when using mineral resources, includes a fee for the right to use the royalty and other fees, taxes and fees provided for by the legislation of Turkmenistan.
 
Article 51. Payments for subsoil use right 1. Payments for subsoil use right shall be paid for the right of subsoil users prospecting, exploration, extraction of core and associated mineral deposits or a combination thereof.
These charges are levied in the form of one-off contributions, regular payments during the term of the right of use granted royalty or their combinations.
2. the size of the payments for the right to conduct prospecting and exploration are determined depending on the region and the size of the plots of the subsoil, mineral, duration of work, degree of geological knowledge of the territory and risk assessment.
3. the size of the payments for the mining right shall be determined by taking into account the type of mineral, the quantity and quality of its natural and geographical stocks, mining and economic conditions for exploration and development mineral deposits, commercial risk assessment.
Payments for the right to be paid by mining of subsoil users in the form of seed, as well as the subsequent regular payment after the start of production.
4. Payments for subsoil use right for other purposes, including for the construction and operation of underground structures, storage of final products or waste disposal shall be collected in the form of one-time or regular contributions.
The dimensions of these payments is determined depending on the size of the site, which is provided for use, its beneficial properties and level of environmental safety.
5. in order to promote mineral development of low quality or deposits that are in difficult geological conditions, subsoil users may fully or partially exempt from royalty or get deferment in payment of these fees. Specified, in particular, apply to subsurface users: 1) production numbers, substandard, previously written off of mineral reserves;
2) extraction of scarce mineral resources with low economic efficiency of field development;
3) using overburden and enclosing rocks, wastes of mining and related processing industries;
4) introduction of environmentally sound technologies that enhance the core extraction and associated minerals.
6. the procedure for the provision of other delays, and payments for subsoil use, as well as the conditions for their application are determined by the Cabinet of Ministers of Turkmenistan.
7. Payments for subsoil use right shall be sent to the State budget of Turkmenistan.
 
Article 52. Forms of payment for subsoil use right 1. Subsoil use right fee may be charged in the form of: 1) cash payments;
2) performance of works or provision of services;
3) FIA amounts of future payments as a share of the contribution into the statutory fund of a State mining company.
2. Monetary form of payment for a right of subsoil use may be replaced by supplying parts of mined material or manufactured products under the terms of the signed contract.
3. replacing a monetary form of other forms of payment for subsoil use is carried out in coordination with the Ministry of economy and development of Turkmenistan.

4. no requesting or accepting a payment for the right of subsoil use of trade secrets, as well as the materials and products available to whom, in accordance with the legislation of Turkmenistan falls within the competence of the Cabinet of Ministers of Turkmenistan.
 
Article 53. Deductions for reproduction of mineral-raw-material base 1. Deductions for reproduction of mineral-raw-material base of subsoil users are engaged in the extraction of all kinds of major and associated minerals.
2. the subsoil Users conducting mining, reserves of which are explored at the expense of non-State financial resources, are entitled to benefits when determining the amount of royalties for the reproduction of the mineral resources in accordance with this law and other normative legal acts of Turkmenistan.
3. Deductions for reproduction of mineral-raw-material base used as the target of a public source of funding of geological and geophysical works, geological prospecting and exploration of mineral deposits.
4. procedure of charging and the use of royalties for the reproduction of mineral-raw-material base established by the Cabinet of Ministers of Turkmenistan.
 
Article 54. Exemption from payment when using mineral resources 1. From payments when using royalty-exempt subsoil users or uses whose goal is not profit-making, business income in direct or latent form or conducive to meet the social, cultural and environmental needs and interests of the people living in the territory.
2. Payments when using bowels totally exempt: 1) citizens engaged in the prescribed manner of extraction of widespread mineral and groundwater in stead of them owned directly for the needs of its economy;
2) users of bowels, leading at the expense of public funds regional medium-sized and large-scale geological and geophysical work, geological survey, other geological and hydrogeological work aimed at general exploration of Turkmenistan, the geological work on forecasting earthquakes, geological engineering, paleontological, geoecological research, monitoring of groundwater regime, topographic-geodetic and other work carried out without significantly compromising the integrity of the subsoil;
3) subsurface users who obtain the subsoil areas for education specially protected natural geological features, security pillars, with scientific, cultural, aesthetic and a different value (Geological reserves, nature monuments);
4) other subsoil users in accordance with the legislation of Turkmenistan.
 
CHAPTER IX. LIABILITY For VIOLATION Of The LEGISLATION Of TURKMENISTAN On Subsoil. RESOLUTION of DISPUTES in the sphere of use and PROTECTION of MINERAL RESOURCES Article 55. Liability for violation of the legislation of Turkmenistan on subsoil 1. Transactions in direct or hidden form, which violate the rights of possession, use and disposition of mineral resources under this Act shall be null and void.
2. Violation of the legislation of Turkmenistan on subsoil entail liability in accordance with the legislation of Turkmenistan.
 
Article 56. Compensation for damage caused by the violation of the legislation of Turkmenistan on the depths of physical and legal persons shall be liable for damages, whether caused by the violation of the legislation of Turkmenistan on subsoil, in size and order established by the legislation of Turkmenistan. Officials and other employees of the fault which enterprises, organizations and institutions incurred costs associated with damages shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 57. Resolution of disputes in the sphere of use and protection of mineral resources disputes arising in the sphere of use and protection of mineral resources shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Chapter x. INTERNATIONAL COOPERATION in the sphere of use and PROTECTION of MINERAL RESOURCES, article 58. International cooperation in the sphere of use and protection of mineral resources of Turkmenistan carries out international cooperation in the sphere of use and protection of mineral resources in accordance with the universally recognized principles and norms of international law and the international treaties of Turkmenistan in the sphere of use and protection of mineral resources.
 
Article 59. Cross-border and cross-border geological structure and mineral deposit problems in studies of cross-border and cross-border geological structures, prospecting, exploration and exploitation of transboundary and border fields are governed by the international treaties to which Turkmenistan is a.
 
CHAPTER XI. FINAL PROVISIONS Article 60. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Null and void: 1) Turkmenistan law dated December 14, 1992 on "bowels" (records of the Mejlis of Turkmenistan, 1992, no. 12, art. 115);

2) part II of the Act of Turkmenistan on March 30, 2007 "on amending certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2007, no. 1, art. 40).
 
    Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat December 20, 2014 year no. 160-V.
 
 
 
 
 

Related Laws