The bowels are a layer of the earth’s crust located below the soil layer, and in the absence of it, below the surface of the earth, the bottom of water bodies and watercourses. They extend to the depths that are available for study and development. Let us further consider how rational use and protection of mineral resources should be implemented.
General information
The subsoil located within the borders of the Russian Federation, including the underground space and the minerals, energy and other resources present in it, belong to Russia by right of ownership. These sites may not be the subject of sale, pledge, inheritance, gift or transactions on their other disposal. Subsoil can only be used and transferred from one person to another to the extent provided for by federal laws.
Special status of objects
It is received by individual sections of the subsoil, including, inter alia, mineral deposits. Special status is given to facilities for guaranteed provision of state needs with scarce and strategic raw materials, the presence of which affects the country's security, the timeliness of fulfillment of obligations under international treaties, helps protect Russia's sovereignty. Intended use and protection of mineral resources are regulated by Federal Law No. 2395-1.
Features of the operation of facilities
The rules for the protection and use of subsurface resources provide for one type of activity of entities in the relevant areas. It is the operation of facilities. The use of subsoil may be carried out within the prescribed period or may be made indefinitely. The calculation of operating periods begins from the moment of state registration of activity licenses. The minimum period of use is 1 year. Objects can be provided indefinitely for the construction and operation of underground buildings and structures not related to mining, associated with the construction and operation of gas and oil storage facilities, waste disposal, as well as the creation of particularly valuable geological objects and for other purposes. For a period of up to 1 year, areas for the development of deposits are transferred. For geological exploration, objects can be provided for a period of up to five years. In the process, exploration and protection of mineral resources is carried out in accordance with the law. Groundwater extraction facilities may be transferred to entities for up to 25 years. For mining, plots are provided for the period of development of the field. It is calculated in accordance with the feasibility study, which confirms the proper exploration and protection of mineral resources, as well as operation in accordance with established regulations.
Licenses
The right to use subsoil blocks is granted to interested entities on the basis of a decision of authorized state authorities of the appropriate level, depending on the purpose of operation. As a document certifying the transferred legal opportunities, the license is. It confirms the right to use the site within certain limits, according to the specified purpose, for a specified period when the owner fulfills the conditions agreed in advance. A license may be granted for one or more activities. Issuance of permits is carried out upon prior approval of the governing body or the owner of land resources for the allocation of part of the territory. Allocation of plots within the final borders, registration of the rights of the interested subject are carried out in the manner prescribed by law. In this case, the project of work to be performed must be approved in advance.
Legal protection of the subsoil
The legislation imposes a number of requirements on subjects. Among them:
- Prevention of unauthorized operation of facilities. A person interested in using the subsoil must follow certain procedures and obtain a license.
- Ensuring the completeness of the study, integrated operation and protection of facilities.
- Performing advanced geological research. It is necessary to obtain a reliable assessment of mineral reserves, properties of the site provided to the entity for purposes not related to the development of deposits.
- Performing state expertise and stock accounting.
- Ensuring the most complete extraction of the main minerals and related components.
- Maintaining reliable accounting of extracted and abandoned resources during field development.
- Protection of the environment and subsoil from pollution, flooding, fires and other factors that reduce the industrial value of sites or the quality of minerals, as well as complicate their extraction.
- Compliance with the order of liquidation and conservation of enterprises engaged in the development of deposits, as well as underground structures, the functioning of which is not associated with this activity.
- Prevention of unauthorized development of mineral deposits, compliance with the rules for the use of these areas for other purposes.
- Prevention of accumulation of household and industrial waste in the catchment areas and the occurrence of underground water intended for drinking or industrial supply.
For violation of the rules of protection, use of subsoil, the license issued to the entity may be suspended, limited or completely terminated. Sanctions are applied to the perpetrators by authorized structures in the manner prescribed by law.
Subsoil Protection Rules
They were approved by Gosgortekhnadzor Resolution No. 71 dated 06/06/2003. The protection of the subsoil and the environment is the responsibility of organizations (regardless of their legal form and type of ownership) and individual entrepreneurs preparing and implementing projects related to and not related to mining and processing of minerals, performing geological and surveying work in the Russian Federation, within the borders of its continental shelf, as well as the country's marine economic zone. All documentation should be coordinated with state oversight bodies. The construction and operation of facilities, the implementation of measures for the extraction and primary processing of minerals, surveying and geological work with the retreat or in the absence of projects approved in the prescribed manner, is prohibited.
Well Accounting
It is conducted by each entity operating in accordance with a license. The drilled fund includes wells:
- Exploratory.
- Canned.
- Liquidation.
- Discharge.
- Mining.
- Special
- Control.
The production fund consists of the wells indicated above, except for the abandoned and mothballed ones. It is divided into:
- Active facilities. These include wells that were under injection (producing products) in the last month of the reporting period, regardless of the number of days of their operation.
- Inactive objects. This part of the fund consists of wells, from which products were not extracted in the last month of the accounting period.
- Objects in development. These include wells after drilling, completed construction and not under injection (not producing products).
Regulatory requirements
In the process of carrying out licensed activities, entities must ensure not only the protection of resources (subsoil), but also the protection of the health and life of the population, property of citizens and organizations. During the operation of the sites, the state of the natural habitat, as well as the implementation of preventive measures, is systematically monitored. If the measures provided for in the project are not sufficient to ensure that the subsoil is fully protected, the necessary adjustments are made to the documentation. Territories that were violated as a result of mining operations are brought into a condition suitable for subsequent operation. When carrying out activities affecting the soil cover, the fertile layer is removed, stored and transferred to unproductive or reclaimed land. Subsurface protection includes measures that impede or prevent the development of wind and water erosion, waterlogging, salinization, or other forms of loss of soil quality properties. If the activity is associated with the selection of ground and surface water, first of all, the satisfaction of household and drinking needs of the population, the protection of objects from pollution and depletion, and the prevention of the negative impact of mining operations on them are ensured. It is not allowed to place waste storages and waste dumps within settlements. For violation of the rules for the protection of mineral resources, the perpetrators are liable in accordance with the law.
Geological State Control
It includes supervision of:
- Fulfillment of the requirements of Federal Law No. 2395-1, the norms of which govern the operation, protection of subsoil, approved standards and other legal acts, the effect of which is mandatory for all entities operating in the areas allocated to them.
- Compliance with the procedure for issuing licenses.
- Fulfillment of the conditions specified in the permit.
- Conducting activities on geological research and exploitation of sites by methods and methods that do not allow the loss of minerals unreasonable in economic terms and the decline in the quality of raw materials.
- Compliance with the conditions of permits for types of work relating to the study of mineral resources.
- The condition of mine workings and wells, technical, geological documentation, core samples of rocks and ores, duplicate samples that can be used in subsequent exploration of sites, development of deposits, as well as for activities not related to production.
- Correct and timely state registration of activities for the study of plots, taking into account reserves, including projected ones.
- The implementation of measures that include the protection of mineral resources of special cultural and scientific value, compliance with the conditions for the maintenance of geological reserves, reference and stratotype sections, individual natural monuments, unique complexes of fossil flora and fauna.
- The presence of requirements for metrological verification of geophysical, laboratory, hydrogeological measuring instruments and compliance with these requirements.
- Compliance with the rules for collecting and processing export supplies of paleontological, mineralogical and other collection geological materials.
- Compliance with the criteria and requirements for geological and economic assessment of mineral pools. Controlled, inter alia, the completeness of the study of hydrogeological, mining, engineering, geological and other conditions for the development of deposits, construction and operation of underground facilities not related to production.
- Compliance with the requirements of the used technology and methodology, compliance with the quality, stages, efficiency and comprehensiveness of prospecting, exploration and other works for geological exploration of mineral resources.
- The elimination of the established order of wells and mine workings that are not subject to exploitation.
- Compliance with the rules and compliance with the conditions for the use of information on subsoil, which was obtained at the expense of federal budget funds.
Continental shelf areas
The used and unexploited areas in this territory belong to the state subsoil fund of the Russian Federation. Ownership, disposal, conduct of activities on them is carried out jointly by the regions and the Russian Federation. Features of the operation and provision of sections of the continental shelf are provided for in the Federal Law. It is allowed to provide the space to organizations and citizens, including foreign ones, associations of legal entities created on the basis of an agreement on joint activity and not having the status of a legal entity, acting as a party to the agreement on the division of production received. In the latter case, an additional condition is the establishment of joint liability of participants for obligations arising from the contract. The plots are presented in the form of geometrized blocks. Their parameters are indicated in the license for the implementation of regional geological studies of the continental shelf, exploration, search, development of mineral resources. In the permit, among other things, the area of the sea bottom with the coordinates of the borders and depths is given. To protect domestic industry and energy, to ensure the security of the Russian Federation, it is allowed to introduce restrictions on the allocation of sites on the continental shelf to foreign individuals. Domestic scientists are currently discussing the issue of determining and justifying the outer boundary of the shelf. In accordance with the Convention of 1978, for a number of reasons, it can be expanded beyond the 200-mile economic zone of the Russian Federation.
Bans
It is not allowed to include reserves, reserves and other specially protected territories on the continental shelf in the licenses that are important for the conservation, reproduction, and migration of valuable animal species. The exploitation of sites should be carried out only by those entities to which a permit has been issued. The transfer of rights to other persons is prohibited.
Conclusion
The Government of the Russian Federation regulates and monitors drilling operations within the continental shelf, carried out for any purpose. Separately regulated requirements for laying pipelines and cables in accordance with international standards. Compliance with the rules for the protection of mineral resources is mandatory. As mentioned above, the law provides for liability for their failure to comply. In particular, the perpetrators may face disciplinary, administrative (under Articles 8.7-8.11 of the Code of Administrative Offenses), property and criminal (under Articles 216 and 255 of the Criminal Code) sanctions. Particularly severe punishment is provided in case of detection of damage to especially valuable territories and organisms inhabiting them.