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As you know, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Restriction of State Regulation of Economic Activity" dated 19.10.2010 N 2608-VI significantly reduced the amount of Art. 9 Law of Ukraine "On licensing certain types of economic activities".
Licenses for the extraction of minerals
From March 18, 2011, the order of the State Committee for Regulatory Policy and Entrepreneurship of the Ministry of Environmental Protection of Ukraine of July 31, 2007 N 107/370 "On Approval of Licensing Conditions for the Implementation of Economic Activities for the Extraction of Minerals from Deposits of national importance and included in the State Fund of Mineral Deposits ", which regulated this activity.
According to the new regulations, subsoil users no longer need to apply for a license for the extraction of minerals - only the extraction of precious metals and precious stones, precious stones of organogenic formation and semi-precious stones is subject to licensing.
However, one should not confuse the concepts of "license for the extraction of mineral resources" and "special permit for the use of subsoil." Such permits are issued, as before, by the State Service of Geology and Subsoil of Ukraine to all subsoil users, except for those provided for in Art. 23 of the Code of Ukraine "On Subsoil".
License for subsoil development with RegService
The law of Ukraine “On Amendments to Art. 23 of the Code of Ukraine on Subsoil Regarding the Extraction of Groundwater ”dated December 22, 2010 No. 2849-VI granted the right to extract underground water to landowners and land users at their sites without special permits and mining lease. Of course, the new edition of Art. 23 of the Subsoil Code establishes certain restrictions for the implementation of this right: these are the limits of the land plots provided, the purpose of extraction is only for own household needs, decentralized and centralized (except for the production of bottled drinking water) household and drinking water supply, and a license for the performance of groundwater intakes (no more than 300 cubic meters per day).
All other subsoil users must issue a permit by submitting documents of title to the land plot (state act for the right of permanent use or lease agreement). The procedure for granting special permits for the use of subsoil is established by the Resolution of the Cabinet of Ministers dated 30.05.2011 No. 615 "On approval of the procedure for granting special permits for the use of subsoil".
Obtaining a license for the extraction of minerals
The same entrepreneurs who have special permits for the use of subsoil for the extraction of groundwater, kaolin, bentonite, chalk, gypsum, facing stone (gratite, gabbro, basalt, labradorite, diabase, charnockite, sandstone, limestone, etc. .) in addition to obtain a license for the extraction of minerals from deposits of national importance now should not.
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