MINISTRY
PROTECTION OF THE ENVIRONMENT AND NATURAL RESOURCES
RUSSIAN FEDERATION
COMMITTEE OF THE RUSSIAN FEDERATION
LAND RESOURCES AND LAND MANAGEMENT
Chairman of the Committee
Russian Federation
for land resources
and land management
APPROVED
by order of the Ministry of Natural Resources of Russia and Roskomzem
dated December 22, 1995 No. 525/67
MAIN PROVISIONS
on land reclamation, removal, conservation and rational use of the fertile soil layer
I. General provisions
The list of these materials is specified and supplemented by the Permanent Commission, depending on the nature of the land disturbance and the further use of the reclaimed sites.
Name of the authority that issued the Permit
RESOLUTION (recommended)
for carrying out on-farm work related to disturbance of the soil cover
No. ____ "___" _______ 199__
(Name legal entity, FULL NAME. citizen)
in accordance with_____________________________________________________________
(name and date of the regulatory legal document,
___________________________________________________________________________
establishing the procedure for issuing a Permit)
the right to carry out work ______________________________________________ is granted
(extraction of common
___________________________________________________________________________
minerals and peat for on-farm needs with
___________________________________________________________________________
indication of the volume of extraction and for what purposes, the construction of ditches,
___________________________________________________________________________
ditches, dams, on-farm construction, etc.)
on a total area of ____ ha, including by types of land __________________________
___________________________________________________________________________
within the boundaries indicated on the attached drawing (drawn with the application of storage areas for the removed fertile soil layer on reverse side Permission is either given by the application and certified by signature and seal).
The said land is located in _____________________________________
(property, ownership
___________________________________________________________________________
leased for a period with indication of the name of the lessor)
according ______________________________________________________________
(name, number and date of issue of the document for the right
___________________________________________________________________________
land use).
Special conditions performance of works: _____________________________________________
(depth of development; removal
___________________________________________________________________________
fertile soil layer, indicating its volume and type of further
___________________________________________________________________________
uses: reclamation, improvement of unproductive lands,
___________________________________________________________________________
sale; terms of land reclamation and for what types
___________________________________________________________________________
land, etc.)
Period of validity of the permit __________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Address, phone number, fax number and current account of a legal entity)
___________________________________________________________________________
___________________________________________________________________________
(Citizen's home address and phone number, passport series and number,
___________________________________________________________________________
by whom and when issued)
___________________________________________________________________________
M.P.
Head (deputy) Agreed:
authority issuing the permit
Date of receipt of the application
Name of the legal entity and its details, full name citizen and his passport data, place of residence
Types of work, for what purposes and on what area
Permit number and date of issue, or reason for refusal
Validity period of the permit
FULL NAME. and the position of the person who received the permit
Deadline for reclamation and mark of their implementation (number and date of the act)
Marks of termination or extension of the permit
|
The name of indicators |
Including |
During the development of mineral deposits, their processing and geological exploration |
During peat extraction |
During construction |
Presence of disturbed lands |
as of 01.01.198_ total |
IV. Accounting for disturbed lands
TERMS AND DEFINITIONS used for the purposes of the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
I. General provisions
II. The procedure for issuing permits for carrying out on-farm work related to violation of the soil cover
III. The procedure for acceptance and transfer of reclaimed land
IV. Accounting for disturbed lands
V. Control over land reclamation and responsibility for non-fulfillment of obligations for reclamation
Appendix No. 1 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
Annex No. 2 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
Appendix No. 3 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
Appendix No. 4 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
Appendix No. 5 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer REPORT ON LAND RECLAMATION, REMOVAL AND USE OF THE FERTILIZED SOIL LAYER FOR 19____
Appendix No. 6 to the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
TERMS AND DEFINITIONS used for the purposes of the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer
Decree of the Government of the Russian Federation No. 800 dated July 10, 2018 approved the Rules for Land Reclamation and Conservation (entered into force on July 20, 2018; hereinafter referred to as the Rules) and canceled the two previous decrees on land reclamation and conservation. Consider the main innovations and their differences from the previously established requirements.
And to begin with, we note that the “old” Decree No. 140 provided for the need to develop the Basic Provisions on land reclamation, removal, conservation and rational use of the fertile soil layer (hereinafter - the Basic Provisions), which were subsequently approved simultaneously by two bodies - the Ministry of Natural Resources of Russia and Roskomzem. Accordingly, in connection with the cancellation of Resolution No. 140, the Basic Provisions also lose their relevance, and the procedure for land reclamation itself is now determined by the Rules.
Specification of the main requirements
The first noticeable differences are in the content of the concepts themselves. For example, the concept of "land reclamation" has been expanded:
DICTIONARY
Land reclamation— measures to prevent land degradation and (or) restore their fertility by bringing the land into a condition suitable for their use in accordance with the intended purpose and permitted use, incl. by eliminating the consequences of soil pollution, restoring the fertile soil layer and creating protective forest plantations (paragraph 2 of the Rules).
As we can see, what used to be called the improvement of conditions environment, is now the prevention of land degradation. Instead of listing individual areas of reclamation from GOST 17.5.1.02-85 “Nature Protection. Earth. Classification of Disturbed Lands for Reclamation” simply refers to bringing land into a condition suitable for their use in accordance with the intended purpose and permitted use. The concept of land reclamation also includes the elimination of the consequences of pollution, regardless of its origin - natural (volcanic action, local geochemical provinces and anomalies near deposits) or anthropogenic (oil spills, accumulation of heavy metals and organic pollutants from anthropogenic influence).
The concept of “potentially fertile soil layer” has disappeared, which is explained by the possibility of misleading due to the similarity with the definition of “potentially fertile rocks” from GOST 17.5.1.03-86 “Nature Protection. Earth. Classification of overburden and enclosing rocks for biological land reclamation”.
The concept of "disturbed lands" is now inextricably linked with the concept of "land degradation" (paragraph 2 of the Rules):
. disturbed lands— lands, the degradation of which has led to the impossibility of their use in accordance with the intended purpose and permitted use;
. land degradation— deterioration of land quality as a result of the negative impact of economic and (or) other activities, natural and (or) anthropogenic factors.
The person obliged to develop a project for reclamation (conservation) and carry out measures for the reclamation (conservation) of land is a person whose activities have led to land degradation, and in the absence of information about such a person - the owner, tenant, land user, land owner, authorized body (Fig. one). Thus, now the reclamation is mandatory regardless of the status of the property right of the subject on whose territory land degradation is detected, and regardless of the proven connection between the causer and the established fact of land degradation.
The main criterion for the presence of land degradation is violation of environmental quality standards, which include the standards of its individual components - air, water, soil - in accordance with the sanitary and epidemiological indicator of MPC (Table 1). It is also necessary to understand that today there are no mandatory quality standards for application, except for those approved by Rospotrebnadzor and the Ministry of Agriculture of Russia.
"On approval of the main provisions on land reclamation, removal, conservation and rational use of the fertile soil layer"
MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES OF THE RUSSIAN FEDERATION
N 525
COMMITTEE OF THE RUSSIAN FEDERATION ON LAND RESOURCES AND LAND MANAGEMENT
No. 67
ORDER
dated December 22, 1995
ON THE APPROVAL OF THE MAIN PROVISIONS ON LAND RECLAMATION, REMOVAL, PRESERVATION AND RATIONAL USE OF THE FERTILIZING SOIL LAYER
1. Approve the agreements agreed with the Ministry of Agriculture and Food of Russia and other interested federal authorities executive power the attached Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer.
2. Structural division the central office and territorial bodies of the Ministry of Natural Resources of Russia and Roskomzem to accept these Basic Provisions for guidance and implementation.
3. To impose control over the implementation of the Order on the Deputy Minister of Environmental Protection and natural resources Russian Federation V.F. Kostin and Deputy Chairman of Roskomzem S.L. Gromov.
Minister for the Environment
environment and natural resources
Russian Federation
V.I.DANILOV-DANILYAN
Chairman of the Committee
Russian Federation
for land resources
and land management
V.N.KOMOV
APPROVED
Order of the Ministry of Natural Resources of Russia
and Roskomzem
dated December 22, 1995 N 525/67
AGREED
Deputy Minister
Agriculture and
food
Russian Federation
A.G. Efremov
February 11, 1996
Deputy Minister
economy
Russian Federation
I.V. STARIKOV
January 23, 1996
Deputy Minister
finance
Russian Federation
A.A. KRASNOPIVTSEV
March 4, 1996
Vice-chairman
Roskomnedra
B.A. Yatskevich
January 10, 1996
Vice-chairman
Goskomstat of Russia
V.I.GALITSKY
January 30, 1996
First Deputy
Head of the Federal
forest service
economy of Russia
B.K.FILIMONOV
January 31, 1996
MAIN PROVISIONS
ON LAND RECLAMATION, REMOVAL, PRESERVATION AND RATIONAL USE OF THE FERTILIZER SOIL LAYER
I. General provisions
1. These Basic Provisions, developed in accordance with Decree of the Government of the Russian Federation of February 23, 1994 N 140 "On land reclamation, removal, conservation and rational use of the fertile soil layer", determine the general requirements for the Russian Federation when carrying out work related to violation of the soil cover and land reclamation, and are mandatory for use by all legal, official and individuals, including foreign legal entities and individuals.
2. The territorial bodies of the Ministry of Natural Resources of Russia and Roskomzem, within their competence, may approve the necessary instructive and methodological documents and provide explanations on the issues of reclamation of disturbed lands, taking into account the peculiarities of legislative and regulatory legal acts of the constituent entities of the Russian Federation.
3. Reclamation of disturbed lands is carried out to restore them for agricultural, forestry, water management, construction, recreational, environmental and sanitary purposes.
4. Reclamation for agricultural, forestry and other purposes requiring restoration of soil fertility is carried out sequentially in two stages: technical and biological.
The technical stage provides for planning, slope formation, removal and application of a fertile soil layer, arrangement of hydraulic engineering and reclamation structures, burial of toxic overburden, as well as other works that create the necessary conditions for further use of reclaimed lands for their intended purpose or for carrying out measures to restore soil fertility (biological stage).
The biological stage includes a complex of agrotechnical and phytomeliorative measures aimed at improving the agrophysical, agrochemical, biochemical and other properties of the soil.
5. Lands disturbed by:
The development of mineral deposits in an open or underground way, as well as the extraction of peat;
Laying pipelines, carrying out construction, land reclamation, logging, geological exploration, testing, operational, design and survey and other works related to disturbance of the soil cover;
Liquidation of industrial, military, civil and other facilities and structures;
Storage and disposal of industrial, domestic and other waste;
Construction, operation and conservation of underground facilities and communications (mine workings, storage facilities, underground, sewerage facilities, etc.);
Elimination of the consequences of land pollution, if the conditions for their restoration require the removal of the top fertile soil layer;
Conducting military exercises outside the ranges specially designated for these purposes.
6. The conditions for bringing disturbed lands into a condition suitable for subsequent use, as well as the procedure for removing, storing and further using the fertile soil layer, are established by the bodies that provide land plots for use and give permission to carry out work related to disturbing the soil cover, on the basis of reclamation projects that have received a positive conclusion from the state environmental review.
The development of reclamation projects is carried out on the basis of existing environmental, sanitary-hygienic, construction, water management, forestry and other norms and standards, taking into account regional natural and climatic conditions and the location of the disturbed area.
7. Costs for land reclamation include costs for:
Implementation of design and survey work, including soil and other field surveys, laboratory analyzes, mapping;
Carrying out the state ecological expertise of the reclamation project;
Works on the removal, transportation and storage (if necessary) of the fertile soil layer;
Works on selective excavation and storage of potentially fertile rocks;
Leveling (leveling) of the surface, flattening, terracing of slopes of dumps (terrikons) and sides of quarries, backfilling and leveling of mine failures, if these works are technologically impracticable in the process of developing mineral deposits and are not provided for by the mining project;
Chemical reclamation of toxic rocks;
Acquisition (if necessary) of a fertile soil layer;
Application of potentially fertile rocks and fertile soil layer to recultivated lands;
Elimination of post-shrink phenomena;
Backfilling of upland and drainage ditches;
Liquidation of industrial sites, transport communications, electrical networks and other facilities, the need for which has passed;
Cleaning the reclaimed area from industrial waste, including construction waste, with their subsequent burial or storage in a designated place;
Arrangement in accordance with the project of reclamation of the drainage and drainage network, necessary for the subsequent use of reclaimed lands;
Acquisition and planting of seedlings;
Preparation of the bottom (bed) and arrangement of quarry and other excavations when creating reservoirs in them;
Restoring the fertility of reclaimed lands transferred to agricultural, forestry and other uses (the cost of seeds, fertilizers and ameliorants, the application of fertilizers and ameliorants, etc.);
The activities of the working commissions for the acceptance - transfer of reclaimed land (transport costs, payment for the work of experts, field surveys, laboratory tests, etc.);
Other works provided for by the reclamation project, depending on the nature of land disturbance and further use of the reclaimed sites.
8. Norms of removal of the fertile soil layer, potentially fertile layers and rocks (loess, loess-like and mantle loams, etc.) are established during design, depending on the level of fertility of disturbed soils, taking into account applications and appropriate guarantees from consumers for the use of potentially fertile layers and rocks.
The removed top fertile soil layer is used for reclamation of disturbed lands or improvement of unproductive lands. The use of the fertile soil layer for purposes not related to agriculture and forestry is allowed only in exceptional cases, if it is not economically feasible or if there are no opportunities for its use to improve agricultural land and the forest fund.
For landscaping and landscaping of the territories of settlements and other purposes not related to agriculture and forestry, potentially fertile layers and rocks that meet sanitary, hygienic and environmental requirements, as well as a fertile soil layer removed within the boundaries of settlements during construction and other works.
9. The timing of the technical stage of reclamation is determined by the authorities that provided the land and gave permission to carry out work related to the disturbance of the soil cover, based on the relevant design materials and calendar plans.
When conducting military exercises, geological exploration, prospecting, prospecting and other work not related to the withdrawal of land, the terms of reclamation are determined in agreement with the land owners, landowners, land users, tenants.
10. Legal entities and individuals carrying out work on mining, industrial, civil, water management and other construction should ensure the safety of peat deposits or carry out in in due course their development and use to improve soil fertility, if the ongoing work can lead to damage and destruction of peat.
II. The procedure for issuing permits for carrying out on-farm work related to violation of the soil cover
11. The issuance of permits for the extraction of common minerals or peat for own needs and the performance of other on-farm work related to the violation of the soil cover is carried out in the manner established by the relevant executive authorities of the constituent entities of the Russian Federation (Appendices N N 1 - 3).
12. The list of common minerals (sand, gravel, clay, quartzite, dolomite, marl, limestone, shell, shale, igneous, volcanic, metamorphic rocks, etc.) in relation to individual regions is determined by the Committee of the Russian Federation on Geology and Subsoil Use in conjunction with executive authorities of the constituent entities of the Russian Federation.
13. The grounds for refusal to issue a permit may be:
a) a direct prohibition in the legislative and regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation on the development of subsoil and other works with violation of the soil cover;
b) the presence at the time of filing with the application of disputes about the ownership of the territory on which it is planned to carry out work with violation of the soil cover;
c) untimely and poor-quality performance of work on the reclamation of previously disturbed lands;
d) the absence of approvals and other materials, determined by the executive authorities of the constituent entities of the Russian Federation, necessary for assessing possible negative environmental and other consequences associated with the extraction of common minerals, peat and other works with violation of the soil cover;
e) other grounds determined by legislative and regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation, as well as decisions of local governments.
III. The procedure for acceptance and transfer of reclaimed land
14. To organize the acceptance (transfer) of reclaimed lands, as well as to consider other issues related to the restoration of disturbed lands, it is recommended to create a special Permanent Commission on Land Reclamation (hereinafter referred to as the Permanent Commission) by the decision of the local government, unless otherwise provided by regulatory legal acts of the subjects of the Russian Federation and acts of local governments.
15. The Permanent Commission includes representatives of land management, environmental protection, water management, forestry, agriculture, architecture and construction, sanitary, financial and credit and other interested bodies.
16. Organizational and technical support for the activities of the Permanent Commission is assigned to the district (city) committee on land resources and land management, unless otherwise provided by the decision of the local government.
17. Acceptance - transfer of reclaimed lands is carried out within a month after receipt by the Permanent Commission of a written notice of completion of reclamation work, to which the following materials are attached:
a) copies of permits for carrying out work related to disturbance of the soil cover, as well as documents certifying the right to use land and subsoil;
b) copying from the land use plan with the marked boundaries of the reclaimed areas;
c) the reclamation project, the conclusion of the state ecological expertise on it;
d) data of soil, engineering-geological, hydro-geological and other necessary surveys before carrying out works related to the disturbance of the soil cover, and after the reclamation of disturbed lands;
e) the layout of observation wells and other observation posts for the possible transformation of the soil and ground strata of the reclaimed sites (hydrogeological, engineering-geological monitoring) if they are created;
f) project documentation (working drawings) for reclamation, anti-erosion, hydraulic and other facilities, forest reclamation, agrotechnical and other measures provided for by the reclamation project, or certificates of their acceptance (testing);
g) materials of inspections of the implementation of reclamation work carried out by control and inspection bodies or specialists design organizations in the order of architectural supervision, as well as information on the measures taken to eliminate the identified violations;
h) information about the removal, storage, use, transfer of the fertile layer, confirmed by relevant documents;
i) reports on the reclamation of disturbed lands in the form N 2-TP (reclamation) for the entire period of work related to the violation of the soil cover on the leased site (Appendix N 5).
The list of these materials is specified and supplemented by the Permanent Commission, depending on the nature of the land disturbance and the further use of the reclaimed sites.
18. Acceptance of reclaimed plots on site is carried out by a working commission, which is approved by the chairman (deputy) of the Standing Commission within 10 days after receipt of a written notice from legal (individual) persons leasing land.
The Working Commission is formed from members of the Permanent Commission, representatives of interested state and municipal bodies and organizations.
Representatives of legal entities or citizens who lease and accept reclaimed land, as well as, if necessary, specialists from contractors and design organizations, experts and other interested persons, take part in the work of the commission.
In case of non-appearance of representatives of the parties handing over and accepting reclaimed lands, if there is information about their timely notification and there is no application for postponing the departure date working committee in place, acceptance of land can be carried out in their absence.
19. When accepting reclaimed land plots, the working commission checks:
a) compliance of the work performed with the approved reclamation project;
b) the quality of planning work;
c) the power and uniformity of the application of the fertile soil layer;
d) the presence and volume of the unused fertile soil layer, as well as the conditions for its storage;
e) the completeness of compliance with the requirements of environmental, agrotechnical, sanitary-hygienic, construction and other regulations, standards and rules, depending on the type of disturbance of the soil cover and the further targeted use of reclaimed lands;
f) the quality of the performed reclamation, anti-erosion and other measures, defined by the project or terms of land reclamation (contract);
g) the presence of construction and other waste on the reclaimed site;
h) availability and equipment of monitoring points for reclaimed lands, if their creation was determined by the project or the conditions for reclamation of disturbed lands.
20. Persons included in the working commission are informed through the appropriate means of communication (by telegram, telephone message, fax, etc.) about the start of the work of the working commission no later than 5 days before the acceptance of reclaimed land in kind.
21. The object is considered accepted after the approval by the chairman (deputy) of the Permanent Commission of the act of acceptance - delivery of reclaimed land (Appendix N 4).
22. Based on the results of the acceptance of reclaimed land, the Permanent Commission has the right to extend (reduce) the period for restoring soil fertility (biological stage) established by the reclamation project, or to submit proposals to local governments on changing the intended use of the leased area in the manner prescribed by land legislation.
23. If the leased reclaimed land plots require the restoration of soil fertility, the approval of the act is made after the full or partial (in cases of phased financing) transfer of the necessary funds for these purposes to the settlement (current) accounts of land owners, landowners, land users, tenants who the specified sections are transferred.
IV. Accounting for disturbed lands
24. State statistical monitoring of disturbed lands, removal and use of the fertile soil layer is carried out by the bodies of Roskomzem.
Approval or clarification of the relevant forms of state statistical observation carried out by the State Statistics Committee of Russia on the proposals of Roskomzem and the Ministry of Natural Resources of Russia.
25. Annual statistical information on land reclamation, removal and use of the fertile soil layer (Appendix No. 5) is compiled as of January 1 by all organizations carrying out work with violation of the soil cover and after agreement with local (district, interdistrict, city) bodies of the Ministry of Natural Resources of Russia sent no later than January 5 to the relevant authorities of Roskomzem and the State Statistics Committee of Russia.
Summary statistical information on administrative territorial entities (city, district, constituent entity of the Russian Federation) is compiled by the authorities of Roskomzem and sent to the relevant authorities of the State Statistics Committee of Russia and the Ministry of Natural Resources of Russia.
Summary statistical information for the Russian Federation as a whole is submitted by Roskomzem to the State Statistics Committee of Russia and the Ministry of Natural Resources of Russia, highlighting information on individual industries (ministries and departments) and on the constituent entities of the Russian Federation.
26. Procedure for submission by individuals necessary information on ongoing work related to the violation of the fertile soil layer, is established by the bodies of Roskomzem and the Ministry of Natural Resources of Russia, unless otherwise determined by local governments.
27. To clarify the accounting data, it is recommended to conduct an inventory of disturbed lands at least once every 10 years, which is carried out at the suggestion of the bodies of Roskomzem and the Ministry of Natural Resources of Russia on the basis of decisions of the executive authorities of the constituent entities of the Russian Federation or local self-government.
V. Control over land reclamation and responsibility for non-fulfillment of obligations for reclamation
28. Control over the quality and timeliness of the implementation of work on the reclamation of disturbed lands and the restoration of their fertility, the removal, preservation and use of the fertile soil layer is carried out:
bodies of Roskomzem, the Ministry of Natural Resources of Russia and other specially authorized bodies in accordance with their competence, determined by the Regulations on their activities;
by the relevant services of organizations that carry out work with violation of the soil cover or carry out field supervision over the implementation of reclamation projects;
freelance public inspectors for the use and protection of land, appointed in accordance with clause 1.4 of the Instruction on the procedure for the work of state land inspectors to bring individuals, officials and legal entities to administrative responsibility for violation of land legislation, approved by Order of Roskomzem dated 18.02.94 N 18 and registered by the Ministry of Justice of Russia for N 528 of 03/28/94, as well as public inspectors for nature protection, appointed in the manner established by the Ministry of Natural Resources of Russia.
29. In order to assess, prevent and promptly eliminate negative impact of disturbed and reclaimed lands on the state of the environment, specially authorized bodies and interested organizations, within their competence, monitor (monitor) the environmental situation in the places of development of mineral deposits, storage and disposal of waste, other works related to disturbance of the soil cover, as well as in reclaimed areas and adjacent areas.
30. Compensation for damage caused by work related to disturbance of the soil cover, non-fulfillment or poor-quality fulfillment of land reclamation is made voluntarily, or by a court decision or arbitration court on the claims of the victim or bodies of the Ministry of Natural Resources of Russia and Roskomzem.
31. Determination of the amount of harm caused is carried out according to the methods and standards approved in the prescribed manner, or on the basis of the relevant project documentation restoration work, and in their absence - according to the actual costs of restoring the disturbed state of the land, taking into account the losses incurred, including lost profits.
32. For damage and destruction of the fertile soil layer, non-fulfillment or poor-quality fulfillment of obligations for the reclamation of disturbed lands, non-compliance with established environmental and other standards, rules and regulations when carrying out work related to violation of the soil cover, legal entities, officials and individuals shall bear administrative and other liability under applicable law.
33. Persons guilty of using the land for other purposes or in ways that lead to the deterioration of the environmental situation during work related to the violation of the soil cover may be deprived of the right to use the land in accordance with the procedure established by law.
SCROLL
(RECOMMENDED) MATERIALS SUBMITTED WHEN APPLYING FOR PERMISSION TO CARRY OUT HOUSEHOLD WORK RELATED TO SOIL COVER DISTURBANCE
1. An application indicating:
a) type of work, method and terms of development, volume of production and for what purposes;
b) the area of disturbed lands by types of land and soil differences, the depth of development;
c) financial and technical capabilities for the removal of the fertile soil layer (if necessary, underlying potentially fertile rocks) and subsequent land reclamation, data on contractors involved for these purposes;
d) area, thickness and volume of the removed fertile soil layer, place and period of its storage, further use;
e) the end date of the technical stage of reclamation, the period for restoring the fertility of the recultivated lands and their further use, a list of measures to improve the reclaimed lands (the biological stage of reclamation);
f) the presence within the boundaries of land use of previously disturbed lands, as well as territories with special conditions of use (sanitary and protected zones, lands of nature protection, health, recreation, historical and cultural purposes, etc.).
2. A drawing (plan) of land use with marked boundaries of places for the extraction of common minerals or other works, storage of the fertile soil layer and, if necessary, potentially fertile rocks.
3. Scheme (project) for the reclamation of disturbed lands, agreed with the local authorities of the Ministry of Natural Resources of Russia and Roskomzem.
4. A document confirming the payment for consideration of the application.
5. Approvals with interested state bodies and organizations, as well as other materials, defined by authorities executive power of subjects of the Russian Federation and local self-government.
Appendix No. 2
to the Basic Provisions on
land reclamation,
removing, saving and
rational use
fertile soil layer
____________________________________________ (name of the authority that issued the Permit) PERMISSION (RECOMMENDED) TO CARRY OUT INTERNAL WORK ASSOCIATED WITH VIOLATION OF SOIL COVER N _____ "___" __________ 19__ _________________________________________________________________ (name of legal entity, full name of citizen) in accordance with _________________________________________________ ( name and date of the normative legal document __________________________________________________________________ establishing the procedure for issuing a Permit) the right to carry out work _________________________________ (extraction of common __________________________________________________________________ minerals and peat for on-farm needs with ______________________________________________________________________________ indicating the volume of production and for what purposes, ditching, ______________________________________________________________ is granted __________ ditches, dams, on-farm construction, etc.) on a total area of _______________ ha, including by types of land __________________________________________________________________ within the boundaries indicated on the attached drawing (drawn with the places of storage of the removed fertile soil layer on the reverse side of the Permit or given in the appendix and certified signature and seal). Specified land plot located in ______________________ (ownership, __________________________________________________________________ possession, leased for a period indicating the name of the lessor) in accordance with ___________________________________________________ (name, N and date of issue of the document for the right to use the land __________________________________________________________________) Special conditions for the performance of work: _____________________________ (depth of development; indication of its volume and type of __________________________________________________________________ further use: reclamation, improvement of __________________________________________________________________ unproductive lands, sale; timing of __________________________________________________________________ land reclamation and for what types of land, etc.) Validity period of the Permit ____ _________________________________ __________________________________________________________________ __________________________________________________________________ (address, phone number, fax number and current account of a legal entity) __________________________________________________________________ __________________________________________________________________ (home address and phone number of a citizen, passport series and number, __________________________________________________________________ by whom and when issued) __________________________________________________________________ L.P. Head (deputy) Agreed: the authority that issued the Permit
Appendix No. 3
to the Basic Provisions on
land reclamation,
removing, saving and
rational use
fertile soil layer
JOURNAL (RECOMMENDED FORM)
REGISTRATION OF APPLICATIONS AND ISSUANCE OF PERMITS TO CARRY OUT WORKS RELATED TO DISTURBANCE OF THE SOIL COVER FOR INTERNAL PURPOSES
| NN for now. | Date of receipt of the application | The name of the legal entity and its details; FULL NAME. citizen and his passport data, place of residence | Types of work, for what purposes and on what area | Permit number and date of issue or reason for refusal | Period of validity of the Permit | FULL NAME. and the position of the person who received the Permit | Signature | Deadline for the completion of works on reclamation and a mark on their completion (number and date of the act) | Marks of termination or extension of the Permit |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Appendix No. 4
to the Basic Provisions on
land reclamation,
removing, saving and
rational use
fertile soil layer
I approve the Chairman (Deputy) of the Standing Commission for Land Reclamation _____________________________ (district (city) of the subject of the Russian Federation) M.P. ACT OF ACCEPTANCE - DELIVERY OF RECOVERED LAND (RECOMMENDED) "____" ___________ 19__ __________________________ (place of compilation: locality, land use, etc.) , subject of the Russian Federation) from "___" ___________ 19__ N *** consisting of: Chairman _________________________________________________ (Last name, first name, position and place of work) members of the commission: _____________________________________________ (Last name, first name, position and place of work) _____________________________________________ _____________________________________________ _____________________________________________ in the presence of (representatives of a legal entity (citizen) renting (and accepting) land, contractors conducting the reclamation of disturbed lands, specialists of design organizations, experts, etc.): _____________________________________________ (Last name I.O., before position and place of work ____________________________________________ (residence), as whom he participates) _______________________________________________ _____________________________________________ 1. Reviewed the submitted materials and documents: __________________________________________________________________ (list and indicate when and by whom they were drawn up, approved, issued) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 2. Examined the reclaimed site in nature after the _________________________________________________________ (types of work related to disturbance of the soil cover) and made the necessary control measurements and measurements: __________________________________________________________________ (area of the reclaimed site, thickness of the applied _________________________________________________ _______________________ of the fertile soil layer, etc.) 3. Established that in the period from _____________ 19__ to ___________ 19__ the following work was completed: __________________ __________________________________________________________________ (types, volume and cost of work: planning, reclamation, __________________________________________________________________ anti-erosion, removal and application of fertile soil layer __________________________________________________________________ and potentially fertile rocks, indicating the area and its thickness __________________________________________________________________, forest plantations, etc. ) All work was carried out in accordance with the approved design materials ______________________________________________________ (in case of deviation, indicate for what reasons, with __________________________________________________________________ with whom and when the deviations were agreed) and the reclaimed area, with an area of _______ ha, is suitable (not suitable, indicating reasons) for use ___________________ (in agriculture __________________________________________________________________ on the farm - by types of land, relief conditions, possibilities of __________________________________________________________________ mechanized processing, suitability for cultivation of __________________________________________________________________ agricultural crops and an indication of the recovery period __________________________________________________________________ of soil fertility; forestry purposes - by types of forest ______________________________________________ __________________________ stands; under the reservoir - fishery, water management, __________________________________________________________________ for irrigation, complex use, etc.; under __________________________________________________________________ construction - residential, industrial, etc.; for recreational, __________________________________________________________________ environmental, sanitary and recreational purposes) 4. The working commission decided: a) to accept (partially or completely) reclaimed lands with an area of _______ hectares with their subsequent transfer to ___________________ (name __________________________________________________________________ of legal entity, surname of acting citizen) to ________________________________________________________________ (property, rent, etc.) for further use under ________________________________ (purpose); __________________________________________________________________ b) reschedule the acceptance of reclaimed land (in whole or in part) indicating the reasons (deficiencies) and setting a deadline for their elimination; c) postpone the restoration of soil fertility or make a proposal to change the intended purpose of the lands provided for by the reclamation project (with indication of the reasons). The act of acceptance - transfer of reclaimed lands is drawn up in triplicate and after approval by the chairman (deputy) of the Standing Commission for Reclamation: 1st copy. remains deposited with the Permanent Commission; 2nd copy. sent to a legal or natural person who leased the reclaimed site; 3rd copy. sent to a legal or natural person to whom the reclaimed site is transferred. Chairman of the working commission _________ ______________ (signature) (Last name, first name) Members of the working committee: _________ ______________ (signature) (Last name, first name)
Appendix No. 5
to the Basic Provisions on
land reclamation,
removing, saving and
rational use
fertile soil layer
APPROVED
Decree of the State Statistics Committee
Russia dated 12.07.94 N 103
2. Land reclamation - a set of works aimed at restoring the productivity and economic value of disturbed lands, as well as improving environmental conditions.
3. Inventory of disturbed lands - identification in kind, accounting and mapping of disturbed lands with the determination of their areas and qualitative state.
4. Technogenic relief - a relief created as a result of industrial activity.
5. The direction of reclamation is the restoration of disturbed lands for a specific intended use.
6. Agricultural direction of land reclamation - the creation of agricultural land on disturbed lands.
7. Forestry direction of land reclamation - the creation of forest plantations of various types on disturbed lands.
8. Water management direction of land reclamation - the creation of reservoirs for various purposes in depressions of the technogenic relief.
9. Recreational direction of land reclamation - creation of recreation facilities on disturbed lands.
10. Environmental direction of land reclamation - bringing disturbed lands into a condition suitable for use for environmental purposes.
11. Sanitary and hygienic direction of land reclamation - biological or technical conservation of disturbed lands that have a negative impact on the environment, the reclamation of which for use in the national economy is not economically efficient.
12. Construction direction of land reclamation - bringing disturbed lands into a condition suitable for industrial, civil and other construction.
13. Soiling - a set of works on the removal, transportation and application of a fertile layer of soil and potentially fertile rocks on unproductive lands in order to improve them.
14. Object of land reclamation - a disturbed land plot subject to reclamation.
15. Technical stage of land reclamation (technical land reclamation) - the stage of land reclamation, including their preparation for subsequent intended use in the national economy.
16. Biological stage of land reclamation (biological land reclamation) - the stage of land reclamation, including measures to restore their fertility, carried out after technical reclamation.
17. Overburden rocks (overburden) - rocks that cover and contain a mineral, subject to excavation and movement in the process of open mining.
18. Recultivation layer - a layer artificially created during land reclamation with favorable properties for plant growth.
19. Fertile soil layer - the upper humus part of the soil profile, which has chemical, physical and agrochemical properties favorable for plant growth.
20. Potentially fertile soil layer - the lower part of the soil profile, which has physical, chemical and limited agrochemical properties favorable for plant growth.
21. Potentially fertile rocks - rocks that, in terms of properties, coincide with the potentially fertile soil layer.
The Government of the Russian Federation dated February 23, 1994 N 140 "On Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer", defines the general requirements for the Russian Federation when carrying out work related to disturbance of the soil cover and land reclamation, and are mandatory for use by all legal entities, officials and individuals, including foreign legal entities and individuals.
Including |
Judicial practice and legislation - Order of the Ministry of Natural Resources of the Russian Federation N 525, Roskomzem N 67 of December 22, 1995 On approval of the Basic Provisions on land reclamation, removal, conservation and rational use of the fertile soil layer
At the same time, in accordance with the Basic Provisions on Land Reclamation, Removal, Preservation and Rational Use of the Fertile Soil Layer, approved by the joint order of the Ministry of Environmental Protection and Natural Resources of the Russian Federation and the Committee of the Russian Federation on Land Resources and Land Management dated December 22, 1995 No. N 525/67, agreed with the Ministry of Agriculture of Russia, the Ministry of Economy of Russia, the Ministry of Finance of Russia, Roskomnedra of Russia and the State Statistics Committee of Russia and registered with the Ministry of Justice of Russia on July 29, 1996 N 1136, the reclamation of disturbed lands is carried out for their restoration in agricultural, forestry, water management, construction, recreational, environmental and health-improving purposes.