Об утверждении правил выдачи специального разрешения (лицензии) на изучение недр земли в геологическом отношении, разведку и добычу подземных вод, добычу нерудных строительных материалов, декоративных и цветных камней промышленным способом
Дата релиза: 24.01.1998
Cabinet of Ministers of the Azerbaijan Republic
Decree
№ 18On approval of Regulations on issuance of special permits (licenses) for exploration of entrails of the earth in geological respect, prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method
Baku, 24 January, 1998
With the purpose of implementation of Decree of President of the Azerbaijan Republic «On approval of list of activities requiring special permit (license)» dated 4 October, 1997 № 637, Cabinet of Ministers of the Azerbaijan Republic takes decision:
1. To approve «Regulations on issuance of special permits (licenses) for exploration of entrails of the earth in geological respect, prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method» (enclosed).
2. This Decree comes into force from the date of its signing.
Prime-minister of the Azerbaijan Republic
A. RASI-ZADE.
Became stale according to the Decree 173 as of 7 November, 2002 («LegalActs»).
Approved
by Decree of the Cabinet of Ministers of the Azerbaijan Republic
№ 18 dated 24 January, 1998
Regulations
on issuance of special permits (licenses) for exploration of entrails of the earth in geological respect, prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method
I. General
1.1 These Regulations have been prepared based on the Law of the Azerbaijan Republic «On business activity», «Regulations on issuance of special permits (licenses) for some kinds of business activity» approved by Decree of President of the Azerbaijan Republic № 543, dated 27 January 1997, and Decree of President of the Azerbaijan Republic «On approval of list of activities requiring special permit (license)» № 637, dated 4 October, 1997 and specify procedure of issuing special permit (license) for exploration of entrails of the earth in geological respect, prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method» (hereinafter «license»).
1.2 License issued by the State Committee of the Azerbaijan Republic on geology and mineral resources based on this Regulations is official document permitting legal entities, irrespective of form of property and organization-legal form, and also physical persons involved in business activity without formation of legal entity (hereinafter - «applicants»), to carry out the following kinds of activity within the bounds of lots of the earth’ entrails, envisaged by the license:
1.2.1 exploration of entrails of the earth in geological respect;
1.2.2 prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method.
Separate license is issued for each specific kind of activity (specified in this clause) at the lot of earth’ entrails, indicated in the license.
An applicant involved in several kinds of activity may have several licenses.
1.3 Applicants might carry out activity at the lot of earth’ entrails specified in the license in an established order and in specified term only after they have been given license based on these Regulations.
1.4 Foreign legal entities and physical persons, subsidiaries and representations of foreign legal entities must obtain license for certain kinds of activities in compliance with these Regulations if there is no inter-state agreement about recognition in the Azerbaijan Republic of licenses on said kinds of activities obtained by them in their countries.
1.5 Issued license (copy of license) may be used only by the license owner, it may not be transferred to other persons, and will not apply to legal entities whose constitutor is the owner of the license, to other persons carrying out joint activity with the owner of the license, including activity based on agreement about cooperation.
Provisional issuance of license to a person acting on behalf of the owner of license based on individual agreement (contract), or contract of agency, is not recognized transfer of a license to another person.
II. Procedure of issuance of license
2.1 To obtain license, an applicant should submit to State Committee of the Azerbaijan Republic on geology and mineral resources the following documents:
2.1.1 application for obtaining license.
Application shall specify:
- for legal entities - name of legal entity, its organization-legal form, legal address, account number, name of bank, kind of activity1;
- for physical persons - name, middle name, surname, data of identity certificate (series, number, date of issuance and issuing body, address), kind of activity1;
2.1.2 copies of constituent documents of the enterprise;
2.1.3 copy of certificate on state registration of the enterprise;
2.1.4 copy of certificate about registration of physical person carrying out business activity, in tax inspection;
2.1.5 document confirming payment of state duty for obtaining the license;
2.1.6 copy of document confirming right of an applicant for use of each of objects indicated in application (right for property, leasing, use, etc.);
2.1.7 the obligatory condition for issuance of a license is presentation of2:
- copy of the document, specifying the bounds of earth’ lots, allotted for accomplishment of works, connected with use of earth’ entrails;
- copies of the documents about geological allotment for exploration of earth’ entrails in geological respect;
- copies of the documents about mining allotment for extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method;
- copy of the report on ecological expertise of projects of work, which will be carried out in connection with the use of the earth’ entrails;
- copy of the document of an applicant or invited specialists, confirming professional qualification which gives the right to be engaged with types of activity, specified by the present Regulations;
- information about technical and technological potentialities of the applicant and enterprise, attracted by him for contract work, necessary for accomplishment of works, connected with use of earth’ entrails.
2.2 It is forbidden to demand from the applicant to submit documents other than those specified in these Regulations.
2.3 The State Committee of the Azerbaijan Republic on geology and mineral resources accepts application for a license and documents envisaged in these Regulations, registers them in special book, studies them and if there are no faults or grounds for refusal - takes decision about issuance of license within 15 days from the date of registration.
If any faults have been found in submitted documents, applicant should be notified in writing as such, and within 5 days after elimination of faults and re-submittance of documents, these documents are studied and relevant decision is taken.
If decision about refusal in license is taken in accordance with terms of these Regulations, an applicant shall be informed as such, in writing with indication of reasons.
Should the last day of the term specified in this clause fall on holiday, the next working day will be regarded the last day of the term.
2.4 Refusal in issuance of the license takes place in the following cases:
2.4.1 failure to submit documents envisaged in these Regulations;
2.4.2 when data contained in the documents submitted by the applicant are inaccurate or false;
2.4.3 when obligatory conditions required for the applicant to implement certain kind of activity are absent;
2.4.4 if the applicant or invited specialists have no relevant qualifications for implementation of activity envisaged by these Regulations;
2.4.5 if two years have not yet passed after the license obtained by the applicant for said kind of activity was annulled on the initiative of the body, having issued the license;
2.4.6 if the applicant applied during the period of suspension of the license for certain kind of activity, which had been obtained earlier, on the initiative of the body, having issued the license;
2.4.7 in other cases envisaged by legislation.
2.5 After elimination of circumstances which became the reason for refusal, the applicant will have the right to apply to State Committee of the Azerbaijan Republic on geology and mineral resources for a license in accordance with these Regulations, and if the applicant disagrees with refusal he will have the right to apply to law court.
2.6 On liquidation of the enterprise, organization, company or termination of validity of certificate on implementation of business activity granted to physical person, license granted to legal entities and physical persons also becomes null and void.
In case of re-organization of legal entity, change of its name, data in identity certificate of physical person, loss of license, the applicant should apply for re-issuance of the license within 15 days.
Procedure of re-issuance of the license is same as for its issuance.
During the term of re-registration of the license, its owner acts based on the former license and should the license be lost - on the basis of the license’ copy, issued by the State Committee of the Azerbaijan Republic on geology and mineral resources.
III. License
3.1 The following is indicated in the license:
3.1.1 stamp of the State Committee of the Azerbaijan Republic on geology and mineral resources;
3.1.2 for legal entities - name and legal address of the enterprise, organization and company which have been given the license;
3.1.3 for physical persons - name, middle name, surname, data of identity certificate (series, number, date of issuance and issuing body, address);
3.1.4 kind of activity in the field of earth’ entrails for which license has been issued;
3.1.5 term of validity of the license;
3.1.6 procedure of implementation of respective kind of activity;
3.1.7 registration number of the license and date of issuance.
3.2 License is signed by the head of the State Committee of the Azerbaijan Republic on geology and mineral resources (deputy head during his absence) and notified by the seal of the State Committee of the Azerbaijan Republic on geology and mineral resources. The copy of the license is to be kept at the State Committee of the Azerbaijan Republic on geology and mineral resources.
IV. Term of validity of the license
4.1 License is issued for the following periods of time depending on kinds of activity:
4.1.1 exploration of entrails of the earth in geological respect - for at least two years;
4.1.2 prospecting and extraction of underground water, extraction of non-metallic building materials, decorative and non-ferrous stones by industrial method - for at least two years.
4.2 Extension of the term of license validity is done in same order as its issuance.
4.3 Out of date license and its copies are considered invalid.
V. Copy of license
5.1 Copy of license is official document given to the license owner for each separate object, which is issued on the license form, with indication of requisites of the license itself, where word »copy» is added in the upper right corner. Said document will be signed by head of the body, having issued the license or, during his absence, by his deputy, notified by the seal of the body and will authorise to carry out activity specified in this copy.
5.2 If copy of a license gets lost, license’ owner must submit the following documents to the State Committee of the Azerbaijan Republic on geology and mineral resources to obtain copy of license:
5.2.1 application with indication of registration number of issued license, date, kind of activity, number and address of the object;
5.2.2 documents for the objects as envisaged by sub-clauses 2.1.6 and 2.1.7 of these Regulations.
5.3 The State Committee of the Azerbaijan Republic on geology and mineral resources investigates application concerning issuance of copies of the license based on clauses 2.3 and 2.4 of these Regulations and takes relevant decision.
5.4 The copy of the license is registered by the State Committee of the Azerbaijan Republic on geology and mineral resources.
5.5 If copy of a license gets lost, license owner should apply to the State Committee of the Azerbaijan Republic on geology and mineral resources to get new copy.
5.6 Payment for issuance and re-registration of a copy of license is not taken.
VI. Procedure of use of license and control
6.1 When carrying out certain kind of activity based on these Regulations owners of the license must observe the following requirements:
6.1.1 not to allow the exceeding of duly approved technological standards (norms and regulations) of work connected with the use of earth’ entrails envisaged by the legal and normative acts of the Azerbaijan Republic, exceeding of losses’ norms, deterioration of the quality of minerals at extraction;
6.1.2 to observe the scheme of developing of mining works and requirements of technical projects;
6.1.3 to submit the geological data, reports about prospected, extracted and remained minerals, their components, and also information about their use in the purposes not connected with the extraction of minerals from earth’ entrails to State Committee of the Azerbaijan Republic on geology and mineral resources;
6.1.4 to observe the procedure of presentation of information on monitoring of underground water within the area of license’ validity at use of underground water in state monitoring system;
6.1.5 to ensure safety of the personnel and people during carrying out of work, connected with use of earth’ entrails;
6.1.6 to observe the requirements of standards (norms, regulations), regulating the protection of earth’ entrails, atmosphere, soil, forests, waters, buildings and constructions from harmful consequences of work, connected with use of earth’ entrails;
6.1.7 to observe the requirements of restoration of land sites, being damaged when using the earth’ entrails and bringing of the other natural objects to normal state, suitable for use;
6.1.8 to ensure the safety of mines and wells, which may be used at exploitation of the mineral deposits in other economy purposes, liquidation of the wells, mines the use of which is impossible in an established order;
6.1.9 to ensure the keeping of geological, mine-surveyor and other documentation, obtained in the process of use of earth’ entrails, the safety of this documentation and samples;
6.1.10 to accomplish the payment for use of earth’ entrails and land sites, the other payment duly and timely;
6.1.11 to ensure the geological investigation of earth’ entrails according to existing rules, rational and complex use of reserves of mineral raw materials;
6.1.12 to protect the deposits of minerals from flood, damping, fire and other factors, resulting to deterioration of minerals, to decrease industrial importance of deposits or to complicate their working;
6.1.13 to submit the geological data to State Fund of Geological Information;
6.1.14 to ensure the complete use of products of processing and wastes, collection, accounting and safety of temporary not used products and wastes, containing useful components;
6.1.15 to observe the compliance of wastes of production and waste industrial waters, thrown to the earth’ entrails to norms and standards;
6.1.16 to observe the requirements of Water Code of the Azerbaijan Republic when carrying out of work, connected with prospecting and extraction of underground water;
6.1.17 to use the lots of earth’ entrails within the bounds of geological or mining allotment according to the kind of activity, specified in the license;
6.1.18 to observe the requirements of land legislation of the Azerbaijan Republic when carrying out of works, connected with use of earth’ entrails;
6.1.19 to observe the term of begging of the work, envisaged by the license.
6.2 The State Committee of the Azerbaijan Republic on geology and mineral resources carries out control over observance of regulations regarding the license.
6.3 Authority of the State Committee of the Azerbaijan Republic on geology and mineral resources includes the following:
6.3.1 control over observance of normative-legal acts and license regulations concerning implementation of kind of activity specified in the license;
6.3.2 requests and obtaining data and references on issues which could arise in the course of inspection from the license owner;
6.3.3 writing act on results of inspection with indication of faults and term for their elimination;
6.3.4 warning the owner of the license about necessity to liquidate found faults;
6.3.5 investigation of the case on suspension or annulment of the license.
6.4 During inspection the owner of the license must provide access of representatives of the State Committee of the Azerbaijan Republic on geology and mineral resources to the objects under inspection, to create normal conditions for inspection and supply all relevant documents.
6.5 Act in two copies is issued based on results of inspection. Act is signed by representatives of the State Committee of the Azerbaijan Republic on geology and mineral resources and license owner (head of the enterprise). In case of refusal to sign the act, it is noted in the act. Explanation of the license owner (head of the enterprise) is enclosed with the act. One copy of act remains with the license owner.
6.6 Whenever necessary, the State Committee of the Azerbaijan Republic on geology and mineral resources may enlist to inspections carried out under these Regulations, representatives of relevant organisations.
VIII. Suspension or annulment of the license
7.1 The license is suspended by the State Committee of the Azerbaijan Republic on geology and mineral resources in the following cases:
7.1.1 when the owner of the license submits such application;
7.1.2 if the owner of the license fails to observe normative acts, or activity of the applicant is stopped by relevant state bodies based on legislation of the Azerbaijan Republic;
7.1.3 insolvency of the owner of license has been confirmed by legislation of the Azerbaijan Republic;
7.1.4 violation of terms and obligations which are required for implementation of certain kind of activity under these Regulations, has been established;
7.1.5 in other cases envisaged by legislation of the Azerbaijan Republic.
7.2 Within 5 days from the date when decision about suspension of the license has been taken, the State Committee of the Azerbaijan Republic on geology and mineral resources notifies in writing the owner of the license and state tax inspection bodies about this decision.
Should circumstances which resulted in suspension of the license change, the license might again become valid after application of the owner. License shall be regarded restored after relevant decision of the State Committee of the Azerbaijan Republic on geology and mineral resources; the owner of the license and state tax inspection bodies are notified about such decision in writing, within 5-day term.
7.3 The license is annulled by the State Committee of the Azerbaijan Republic on geology and mineral resources in the following cases:
7.3.1 when the owner of the license submits such application;
7.3.2 unreliable data are found in documents submitted for obtaining the license;
7.3.3 owner of the license has violated procedures of use of the license;
7.3.4 there is such decision of the law court;
7.3.5 on liquidation of legal entity and termination of validity of certificate which has been issued to physical person involved in business activity;
7.3.6 in other cases envisaged by legislation of the Azerbaijan Republic.
7.4 Within 5 days from the date when decision about annulment of the license has been taken, the State Committee of the Azerbaijan Republic on geology and mineral resources notifies in writing the owner of the license and state tax inspection bodies.
7.5 Decision taken about suspension, annulment or restoration of the license validity will apply also to copies of licenses issued based on these Regulations for individual objects.
7.6 The State Committee of the Azerbaijan Republic on geology and mineral resources keeps register of issued, registered, suspended, restored and annulled licenses.
VIII. Responsibility
8.1 Directors and officials of the State Committee of the Azerbaijan Republic on geology and mineral resources are responsible in accordance with current legislation for violation or improper observance of legislation of the Azerbaijan Republic concerning licensing.
8.2 Decisions and actions of directors and officials of the State Committee of the Azerbaijan Republic on geology and mineral resources may be appealed against in the law court in accordance with established order.
8.3 Persons (entities) carrying out kinds of activity specified in these Regulations without license are responsible in line with existing legislation.
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Non-official translation