Monitoring and scientific support of mineral resources - spending or not?
March 12, 2015
In late January, the Cabinet adopted a resolution to expel monitoring and scientific support subsoil of the Order granting special permits. However, monitoring and scientific support subsoil is one of the mandatory items special conditions of a special permit and work program. GEOnews.com.ua asked for comment to the deputy director of the Ukrainian State Geological Institute Oleg Zur'yana.
Oleg Vladimirovich, comment on, please, do not contradict one another and that statements about those subsoil users who do not wish to monitor and scientific support subsoil? Yes, the Resolution number 42 Cabinet excluded from the Order granting special permits point for monitoring and scientific support subsoil. (Ed .: From the Cabinet of Ministers of Ukraine of 28 January 2015 g. N 42 amendments to the Order granting special permits for subsoil use approved by the Cabinet of Ministers of Ukraine of 30 May 2011 g. N 615 in the third paragraph of the exclusion clause 26, which provided that the monitoring and scientific support implementation of specific provisions of subsoil use, provided permission and agreement on the conditions of subsoil use, made by specialized state geological enterprises, institutions and organizations) and more recently by some commentators in the media distributed information subsoil can not fulfill one of the points of special conditions and special permits Program works, such as monitoring and scientific support implementation of specific provisions of subsoil use.
However, we want to draw attention to the special permit for subsoil use, which actually is an agreement between the state and the entity that gives the right to use the subsoil. Today, a significant portion of subsoil users have valid special permits, one of the special conditions that require mandatory monitoring and scientific support subsoil. In addition, part of a special permit is agreement on the conditions of subsoil use. Annex 2 to the Agreement are works program, which is written: "The conclusion of the monitoring and scientific support implementation of the special conditions of the Permit and Agreement Conditions royalty."
The order and content monitoring and scientific support subsoil defined order of the Ministry of Ecology and Natural Resources of Ukraine 11.03.2013 N 96, registered with the Ministry of Justice of Ukraine March 27, 2013 by N 500/23032, which is in force. That is, it turns out that subsoil, which does not monitor, in violation of special permits?
Yes. We believe that no monitoring and scientific support subsoil use is a violation of the conditions of a special permit and agreements, which in turn carries risks losing the right to use the subsoil where formal approach of inspectors. In our opinion, if the subsoil user decides to abandon the services of monitoring and scientific support subsoil, it seems logical to simultaneously decide on amendments to the special permit and Program works to avoid further confusion with the state.
If the subsoil decide on amendments to the program of works and special permission be necessary to obtain a positive conclusion enterprise which conducts monitoring and scientific support implementation of specific provisions of subsoil use, in accordance with paragraphs. 3.2. and 3.3. Agreements Conditions royalty. So, if briefly summarize, subsoil or need special permits to modify or continue monitoring and scientific support subsoil? It is true, and that such explanations UkrDGRI provides customers with service monitoring and scientific support subsoil.
March 12, 2015
GEOnews.com.ua