(Part six of Article 14 as amended by the Law of the Republic of Uzbekistan dated August 29, 1998 No. 681-I - Bulletin of the Oliy Majlis, 1998, No. 9, Art. 181)

See previous edition.

Mining allotments are provided by the Agency for Supervision of Industrial Safety and Mining Supervision.

(part seven of article 14 as amended by the Law of the Republic of Uzbekistan dated August 31, 2000 No. 125-II - Bulletin of the Oliy Majlis, 2000, No. 7-8, art. 217)

For subsoil areas granted for use in accordance with a license for pilot industrial development of mineral deposits (except for oil and gas deposits), extraction of fresh groundwater, collection of samples of gemstone raw materials, paleontological remains and other geological collection materials, a mining allotment is not required.

Legal entities and individuals who finance geological exploration work have the exclusive right to obtain a license for the development of the explored deposit.

Article 15. Use of subsoil for economic and domestic needs

Landowners and land users have the right to use subsoil resources within the boundaries of land plots allocated to them for the purpose of extracting common minerals, groundwater, and constructing underground structures for their economic and domestic needs without providing licenses in the manner established by law.

Article 16. State environmental expertise

Projects for carrying out work related to the use of subsoil and the processing of mineral raw materials are subject to state environmental assessment.

The list of works that do not require state environmental assessment is approved by the State Committee for Nature Protection.

Article 17. Restriction of subsoil use

The use of individual areas of the subsoil may be limited or prohibited within the established boundaries of populated areas, suburban green zones, industrial, transport, and communications facilities, groundwater intakes and their protection zones, as well as other specially protected natural areas.

Article 18. Basic rights and obligations of subsoil users

Subsoil users have the right to use:

land plots for geological exploration of the subsoil in the manner established by land legislation;

the results of their activities, including information received about the subsoil, as well as the extracted mineral raw materials. In certain cases, the Cabinet of Ministers may temporarily establish special conditions for the disposal of extracted mineral raw materials;

man-made formations obtained in the process of mining and processing mineral raw materials, unless otherwise established by the license.

Subsoil users are obliged to ensure:

use of subsoil resources in accordance with their intended purpose;

performance of works in accordance with the subsoil use project;

completeness of geological study, rational, comprehensive use and protection of subsoil resources;

preventing selective development of rich areas of deposits, excessive losses of minerals during the extraction and processing of mineral raw materials;

accounting for the status and movement of reserves, losses and dilution of minerals, as well as timely recalculation, re-approval of reserves and their write-off;

preservation and accounting of incidentally mined but temporarily unused minerals;

monitoring the groundwater regime at water intake sites and adjacent territories;

immediate notification of the authorities exercising control over the protection of groundwater about changes in the condition of groundwater;

safe conduct of work related to the use of subsoil resources, development of emergency response plans;

protection of the natural environment, buildings and structures from the harmful effects of work related to the use of subsoil;

maintaining geological, mine surveying and other documentation in the process of subsoil use and its preservation;

submission of information on the subsoil, as well as data on the state and movement of mineral reserves and the components contained therein to the State Geological Fund under the State Committee on Geology and Mineral Resources (hereinafter referred to as the State Geological Fund);

bringing areas of land disturbed by subsoil use into a condition suitable for their further use;

timely payment of payments for the use of subsoil resources.

Article 19. Grounds for termination of the right to use subsoil

The right to use subsoil resources shall be terminated in the following cases:

expiration of the established period;

waiver of the user's right to use subsoil resources;

liquidation of an enterprise or other business entity to which the subsoil was provided for use.

The right to use subsoil may be terminated, suspended or limited in the following cases:

the emergence of a clear threat to the life or health of workers and the population, as well as the state of the natural environment;

if the subsoil user has not started using the subsoil within one year;

systematic failure to make payments for the use of subsoil resources;

violations of the basic conditions of the license by the subsoil user;

the need to withdraw subsoil areas for other state or public needs;

failure to comply with the provisions provided for in Articles 24 , 30 and 33 of this Law.

Landowners and land users may be deprived of the right to use subsoil resources in the event of violation of legal requirements.

Article 20. Termination of the right to use subsoil

The right to use subsoil resources is terminated by the cancellation by the relevant authorities of the license and act on the mining allotment issued by them.

Article 21. Protection of the rights of subsoil users

Interference by government bodies and local authorities in the activities of subsoil users is not permitted, except in cases provided for by law.

Disputes regarding the validity of a decision to suspend, limit or terminate the right to use subsoil resources, as well as regarding compensation for damages, are considered by the court.

Violated rights are subject to restoration in the manner prescribed by law. Damages caused to the subsoil user by unjustified suspension, restriction or termination of the right to use subsoil are subject to compensation in full, including lost profits.

Article 22. Payment for the use of subsoil

The use of subsoil resources is subject to a fee, except for cases provided for in Article 23 of this Law.

See previous edition.

The fee is collected in the form of a tax for the use of subsoil. The amount, procedure for calculation and payment, as well as benefits for it are established by law.

(Part two of Article 22 as amended by the Law of the Republic of Uzbekistan dated May 1, 1998 No. 621-I - Bulletin of the Oliy Majlis, 1998, No. 5-6, Art. 102)

See previous edition.

(Article 23 was repealed by the Law of the Republic of Uzbekistan dated May 1, 1998, No. 621-I - Bulletin of the Oliy Majlis, 1998, No. 5-6, Art. 102)

SECTION IV. GEOLOGICAL STUDY OF THE SUBSOIL

Article 24. Basic requirements for geological exploration of the subsoil

Subsoil users carrying out geological exploration are obliged to ensure:

the completeness of the geological study of the subsoil, mining and technical, geological and economic and other conditions for the development of explored deposits, subsoil areas provided for use for the construction and operation of underground structures not related to the extraction of minerals, as well as for the disposal of hazardous substances, radioactive waste and industrial waste;

the reliability of determining the quantity and quality of reserves of the main and jointly occurring minerals and the components contained in them, man-made formations, the study of the properties of overburden and host rocks for their use in production and land reclamation work, radiation and hygienic assessment of mineral raw materials;

conducting work on geological exploration of the subsoil using methods and techniques that eliminate unjustified losses of minerals and a reduction in their quality;

study and selection of sites for the placement of rocks and minerals extracted from the subsoil, eliminating their harmful impact on the surrounding natural environment;

preservation of exploratory mine workings and boreholes that can be used in the development of deposits and for other production and economic purposes, liquidation in accordance with the established procedure of workings and boreholes that are not subject to use;

preservation of geological and executive-technical documentation, samples of rocks and ores, core, duplicate samples of minerals that can be used in further study of the subsoil, exploration and development of mineral deposits, as well as in the use of subsoil for purposes not related to the extraction of minerals;

bringing disturbed lands into a condition suitable for their further use.

Article 25. Transfer of explored mineral deposits for industrial development

Only explored deposits or their sections, the mineral reserves of which have been approved in accordance with the established procedure, are subject to transfer for industrial development.

Explored mineral deposits for which effective technological schemes for enrichment and processing have not been developed, and issues of water supply and waste storage have not been resolved, are subject to conservation and are not transferred for industrial development.

Article 26. Discoverers of mineral deposits

Persons who have discovered or explored a previously unknown mineral deposit of industrial value, as well as identified additional reserves of minerals or new mineral raw materials in a previously known deposit that significantly increases its industrial value, are recognized as discoverers.

The discoverers of mineral deposits have the right to remuneration. The procedure for remuneration is determined by the Cabinet of Ministers.

Article 27. Ownership of information on subsoil resources

Information on the geological structure of the subsoil, the minerals contained therein, their technological and other properties, the conditions for the development of mineral deposits, contained in geological reports, maps and other materials, is the property of the customer who financed the work. Information on the subsoil obtained at the expense of the state budget or the extra-budgetary fund for the reproduction of the mineral resource base, as well as the own funds of subsoil users, is submitted free of charge in the established form to the State Geological Fund for accounting, storage and systematization. The State Geological Fund ensures the confidentiality of incoming information.

The procedure and conditions for the use of information on subsoil resources are established by the Cabinet of Ministers.

The right of ownership to information about the subsoil is protected by law.

SECTION V. DESIGN OF ENTERPRISES RELATED TO SUBSOIL USE

Article 28. Features of designing enterprises related to subsoil use

The design of enterprises for the extraction of minerals and the processing of mineral raw materials, as well as underground structures not related to the extraction of minerals, is carried out on the basis of approved reserves and a study of the subsoil at the site of the proposed construction, taking into account technical safety and the environmental condition of the area.

The design of underground structures associated with the disposal of hazardous substances, radioactive waste and industrial waste is permitted only in the presence of geological, engineering-geological, hydrogeological and other data justifying the possibility of disposal.

Article 29. Basic requirements for the design of enterprises related to the use of subsoil

Projects for the construction of enterprises for the extraction of minerals and processing of mineral raw materials must provide for:

ecological and economic justification of the designed enterprises;

methods of opening and systems for developing mineral deposits that ensure the most complete, comprehensive and economically feasible extraction of the main and co-occurring mineral reserves from the subsoil, as well as the safety of workers and the population;

rational use of overburden rocks, as well as their placement taking into account the properties of rocks and land reclamation requirements;

storage, accounting and preservation of incidentally mined but temporarily unused minerals and man-made formations;

geological study of the subsoil revealed during the construction and operation of underground structures;

environmental impact assessment;

the most complete use of recycling waste;

methods of processing, rendering harmless, recycling, burial and temporary storage of harmful substances, radioactive and other industrial waste, waste water containing harmful substances, ensuring the prevention of pollution of the natural environment;

measures to localize harmful substances, radioactive waste, industrial waste, and wastewater within strictly defined boundaries, preventing their penetration into adjacent subsoil areas, underground waters, the earth's surface, and the atmosphere.

SECTION VI. BASIC REQUIREMENTS TO THE DEVELOPMENT OF MINERAL DEPOSITS, PROCESSING OF MINERAL RAW MATERIALS AND SAFE CONDUCT OF WORKS

Article 30. Basic requirements for the development of mineral deposits and the processing of mineral raw materials

The development of mineral deposits is carried out in accordance with approved projects of enterprises for the extraction of minerals, plans for the development of mining operations, projects and schemes for the development of oil, gas and groundwater deposits and rules for technical operation agreed upon with specially authorized state management bodies in the field of mining relations.

When developing mineral deposits and processing mineral raw materials, the following must be ensured:

preventing damage to developed and adjacent mineral deposits and other subsoil areas as a result of mining operations, as well as preserving mineral reserves preserved in the subsoil;

conducting instrumental observations of the processes of rock displacement, deformations of the earth's surface, buildings, structures, stability of benches and quarry sides;

accounting and control of the distribution and degree of extraction of useful components at various stages of processing mineral raw materials;

compliance with the provisions set out in part two of Article 18, Articles 28 and 29 of this Law.

Article 31. Liquidation and conservation of enterprises related to subsoil use

An enterprise for the extraction of minerals or a part thereof, as well as underground structures not related to the extraction of minerals, are subject to complete or partial liquidation and (or) conservation in the following cases:

expiration of the terms of subsoil use;

early termination of the right to use subsoil resources;

complete development of balance reserves of minerals in the absence of prospects for their growth and the impossibility of involving off-balance reserves in exploitation;

economic inexpediency of further development of the deposit or its section;

the emergence of a threat of flooding or destruction of mine workings, as well as underground structures not related to the extraction of minerals, the prevention of which is technically impossible or economically impractical;

eliminating the need to use underground structures not related to subsoil use.

The liquidation and/or conservation of a mineral extraction enterprise or part thereof, as well as underground structures not related to the extraction of minerals, shall be carried out in accordance with the procedure established by law.

Until the completion of the liquidation process and during conservation, the subsoil user bears all obligations for the use of subsoil and full responsibility in accordance with the license and this Law.

Article 32. Ensuring the safe conduct of work related to the use of subsoil

During the construction, reconstruction and operation of enterprises for the extraction of minerals, as well as underground structures not related to the extraction of minerals, during the performance of work on the geological study of the subsoil and other work related to the use of the subsoil, the safety of workers, the population and the surrounding natural environment must be ensured.

See previous edition.

Responsibility for ensuring safe working conditions related to the use of subsoil resources rests with the heads of enterprises.

(Part two of Article 32 as amended by the Law of the Republic of Uzbekistan dated December 27, 1996 No. 357-I - Bulletin of the Oliy Majlis, 1997, No. 2, Art. 56)

Article 33. Basic requirements for ensuring the safe conduct of work related to the use of subsoil

The main requirements for ensuring the safe conduct of work related to the use of subsoil resources are:

study and implementation of standards and rules for safe work, as well as planning and implementation of measures to prevent and eliminate accidents;

admission to work of persons with special training and qualifications;

providing persons engaged in mining, drilling and other work with special clothing, personal and collective protective equipment;

the use of machines, equipment and materials that comply with the requirements of safety and sanitary standards and regulations;

accounting, proper storage and use of explosives and blasting agents, as well as their correct and safe use;

conducting a set of geological, mine surveying and other observations necessary and sufficient to ensure the technological cycle of work and predict hazardous situations;

systematic monitoring of the state of the mine atmosphere, its oxygen content, harmful and explosive gases and dusts;

timely replenishment of technical documentation and emergency response plans with data specifying the boundaries of safe work zones;

compliance with design systems for the development of solid mineral deposits, projects and technological schemes for the development and development of oil, gas and groundwater deposits.

It is prohibited to carry out work related to the use of subsoil if its condition poses a danger to human life and health.

Article 34. Mine rescue units and services for the prevention and elimination of open oil and gas fountains

Mine rescue units, as well as services for the prevention and elimination of open oil and gas fountains, are formed to serve subsoil users.

The regulations on mine rescue units and services for the prevention and elimination of open oil and gas fountains are approved by the Cabinet of Ministers.

Article 35. Responsibilities of local authorities and subsoil users in the event of accidents

Local authorities, as well as subsoil users, in the event of accidents at enterprises related to the use of subsoil, are obliged to provide transport vehicles, materials and equipment, means of communication and medicines and provide other types of assistance in eliminating accidents.

SECTION VII. USE AND PROTECTION OF SUBSOIL RESOURCES

Article 36. Basic requirements for the rational use and protection of subsoil resources

The main requirements for the rational use and protection of subsoil resources are:

compliance with the procedure established by law for the provision of subsoil for use and the prevention of unauthorized use of subsoil;

ensuring the completeness of geological study, rational, comprehensive use and protection of subsoil resources;

prohibition of the development of mineral deposits and the use of subsoil for purposes not related to the extraction of minerals, outside of mining allotments;

ensuring the most complete extraction from the subsoil of reserves of primary and associated minerals and associated components;

reliable accounting of the extracted and left in the subsoil reserves of the main and co-occurring minerals and associated components during the development of mineral deposits, as well as useful components during the processing of mineral raw materials;

ensuring rational and comprehensive extraction of components of industrial significance from mined mineral raw materials;

protection of mineral deposits from depletion, pollution, flooding, waterlogging, fires and other factors that reduce the quality of minerals and the industrial value of deposits or complicate their development;

prevention of subsoil pollution during work related to subsoil use, especially during underground storage of oil, gas or other substances and materials, disposal of hazardous substances, radioactive waste and industrial waste;

compliance with the established procedure for the liquidation and conservation of an enterprise engaged in the extraction of minerals and underground structures not related to the extraction of minerals;

prevention of unjustified and unauthorized development of areas where mineral deposits are found;

prevention of accumulation of industrial and household waste in water catchment areas and in places where groundwater is found, used for drinking or industrial water supply;

preventing the harmful impact of work related to the use of subsoil resources on the safety of mineral reserves, exploited and mothballed mine workings, boreholes and underground structures;

ensuring the safety of workers and the population, protecting the environment from the harmful effects of work related to the use of subsoil resources.

Article 37. Conditions for development of areas containing mineral deposits

The design and construction of populated areas, industrial complexes and other economic facilities is permitted only after receiving data on the absence of minerals in the subsoil under the site of the upcoming construction.

The development of areas where minerals are found (except for common minerals) and the placement of underground structures in the places where they are found that are not related to the extraction of minerals are permitted in exceptional cases, subject to agreement with specially authorized state management bodies in the field of mining relations, provided that the possibility of extracting minerals from the subsoil is ensured.

The development of areas where common minerals are found, as well as the placement of underground structures in the areas where they are found that are not related to the extraction of minerals, are permitted only with the permission of local authorities in the presence of a conclusion from specially authorized state management bodies in the field of mining relations.

The specified conclusion is not required in cases where construction projects are located within the boundaries provided for by approved development and planning projects.

The development of large areas of occurrence of common minerals, as well as the placement of large underground structures in the places of their occurrence that are not associated with the extraction of minerals, may be carried out in exceptional cases by decision of the Cabinet of Ministers.

Article 38. Conditions for development of areas adjacent to mineral deposits

The following are not subject to development without the approval of specially authorized state management bodies in the field of mining relations:

areas adjacent to mineral deposits that can be used in the exploitation of the deposits;

areas adjacent to mineral deposits that may be subject to the hazardous and harmful effects of blasting operations and landslides that occur during the development of these deposits.

Article 39. Protection of subsoil areas of special scientific or cultural value

Rare geological outcrops, mineralogical formations, paleontological objects and other subsoil areas that are of particular scientific or cultural value may be declared state reserves or natural or cultural monuments in accordance with the established procedure. Any activity that violates the safety of the said reserves and monuments is prohibited.

In the event that rare geological outcrops and mineralogical formations, meteorites, paleontological, archaeological and other objects of interest to science and culture are discovered during the use of subsoil, subsoil users are obliged to suspend work in the relevant area and inform the interested state bodies about this.

The withdrawal of subsoil areas of special scientific or cultural value for state reserves or natural or cultural monuments is carried out in accordance with the law.

SECTION VIII. STATE RECORDING OF WORKS RELATED TO THE USE OF SUBSOIL

Article 40. State accounting and state registration of works on geological exploration of subsoil

Works on geological exploration of the subsoil are subject to state registration and accounting.

State accounting and state registration of works are carried out by the State Geological Fund.

The performance of geological exploration work without state registration is prohibited.

Article 41. State accounting and state registration of subsoil plots granted for use

Subsoil plots granted for use for the extraction of minerals, construction and operation of underground structures and for other purposes not related to the extraction of minerals are subject to state registration and state accounting according to a single system in the manner established by the Cabinet of Ministers.

Article 42. State cadastre of deposits, occurrences of minerals and man-made formations

The state cadastre of deposits, occurrences of minerals and man-made formations must contain information on each deposit characterizing the quantity and quality of reserves of the main and jointly occurring minerals and the components contained in them, mining, technical, technological, hydrogeological and other conditions of development of deposits and its geological and economic assessment, as well as information on each occurrence of minerals.

For man-made formations, the cadastre must contain information on each stored object, characterizing the type or kind of man-made formations with an indication of their quantitative and qualitative indicators and mining and technical storage conditions.

The state cadastre of deposits, manifestations of minerals and man-made formations is maintained by the State Geological Fund.

Article 43. State balance of mineral reserves

The state balance of mineral reserves must contain information on the quantity, quality and degree of exploration of reserves of each type of minerals by deposits of industrial significance, their location, degree of industrial development, extraction, losses and provision of industry with explored mineral reserves.

The state balance of mineral deposit reserves is maintained by the State Geological Fund.

Article 44. Approval of mineral reserves

The reserves of minerals of explored deposits, as well as the reserves of minerals additionally explored in the process of developing deposits, are subject to approval.

Depending on the type, quantity and quality of mineral raw materials, the reserves of mineral deposits are approved by the State Commission on Mineral Reserves under the Cabinet of Ministers or the Central Commission on Mineral Reserves under the State Committee on Geology and Mineral Resources.

Article 45. Write-off of mineral reserves

Extracted minerals, as well as mineral reserves that have lost their industrial significance, were lost during the extraction process, or were not confirmed during subsequent geological exploration work or development of the deposit, are subject to write-off from the balance sheet of the subsoil user with the introduction of appropriate changes to the state balance of mineral reserves.

See previous edition.

The write-off from the register of a subsoil user of mineral reserves that have lost their industrial significance or that have not been confirmed during subsequent geological exploration work or development of the deposit is carried out by the bodies that approved the mineral reserves, subject to the availability of conclusions from the State Committee for Geology and Mineral Resources and the Agency for Supervision of Industrial Safety and Mining Supervision.

(Part two of Article 45 as amended by the Law of the Republic of Uzbekistan dated August 31, 2000 No. 125-II - Bulletin of the Oliy Majlis, 2000, No. 7-8, Art. 217)

See previous edition.

The write-off from the register of the subsoil user of minerals extracted and lost during the extraction process is carried out by the Agency for Supervision of Industrial Safety and Mining Supervision.

(Part three of Article 45 as amended by the Law of the Republic of Uzbekistan dated August 31, 2000 No. 125-II - Bulletin of the Oliy Majlis, 2000, No. 7-8, Art. 217)

Article 46. Monitoring of subsoil resources

Subsoil monitoring is a system of observations of the state of the subsoil for the timely detection of changes, their assessment, prevention and elimination of the consequences of negative processes. The structure, content and procedure for implementing monitoring are established by the Cabinet of Ministers.

SECTION IX. STATE CONTROL AND SUPERVISION OF THE USE AND PROTECTION OF SUBSOIL RESOURCES, GEOLOGICAL STUDY OF SUBSOIL RESOURCES AND RATIONAL USE OF MINERAL RESOURCES

Article 47. Tasks of state control and supervision over the use and protection of subsoil, geological exploration of subsoil and rational use of mineral resources

State control and supervision over the use and protection of subsoil, geological exploration of subsoil and rational use of mineral resources have as their task to ensure compliance by all subsoil users with the established procedure for subsoil use, legislation, norms and rules in the field of use and protection of subsoil, their geological exploration, requirements for the safe conduct of work, prevention and elimination of their harmful impact on the population, the environment, buildings and structures, as well as the rules for maintaining state records and reporting.

Article 48. Bodies exercising state control and supervision over the use and protection of subsoil, geological exploration of subsoil and rational use of mineral resources

State control and supervision over the use and protection of subsoil, geological exploration of subsoil and rational use of mineral resources are carried out by local authorities, as well as specially authorized state management bodies in the field of mining relations in the manner prescribed by law.

Article 49. Departmental control over the use and protection of subsoil resources

Departmental control over the use and protection of subsoil resources is carried out by geological, mine surveying or technical services of subsoil users.

Standard regulations on geological and mine surveying services are approved by the Cabinet of Ministers.

SECTION X. CONSIDERATION OF DISPUTES ON THE USE AND PROTECTION OF SUBSOIL RESOURCES. LIABILITY FOR VIOLATION OF SUBSOIL RESOURCES LEGISLATION

Article 50. Consideration of disputes on issues of subsoil use and protection