Order 525 67 of December 22, 1995. On the approval of the main provisions on land reclamation, removal, conservation and rational use of the fertile soil layer. IV. Accounting for disturbed lands

  • 30.03.2020

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 disturbance of the land 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 normative 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 for the performance of work:_____________________________________________

(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, domicile

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

P Ministry of Environment and Natural Resources

OF THE RUSSIAN FEDERATION AND THE COMMITTEE OF THE RUSSIAN FEDERATION FOR LAND RESOURCES

On approval of the Basic Provisions on land reclamation, removal,

conservation and rational use of the fertile soil layer

Registered by the Ministry of Justice of the Russian Federation

In pursuance of paragraph 2 of the Decree of the Government of the Russian Federation of February 23, 1994 No. 140 "On land reclamation, removal, conservation and rational use of the fertile soil layer" we order:

1. Approve the attached Basic Provisions for the conservation and rational use of the fertile soil layer agreed with the Ministry of Agriculture and Food of Russia and other interested federal executive bodies.

2. Structural divisions 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 Protection environment and natural resources Russian Federation V.F. Kostin and Deputy Chairman of Roskomzem S.L. Gromov.

Key points

on land reclamation, removal, conservation and rational use
fertile soil layer

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 supposed 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, agricultural, architectural, construction, sanitary, financial and credit and other interested bodies.

16. Organizational and technical support of 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 self-government body.

17. Acceptance and transfer of reclaimed lands is carried out within a month after receipt by the Permanent Commission of a written notice of the 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 posts for monitoring the possible transformation of the soil and ground strata of the reclaimed areas (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 acts on their acceptance (testing);

g) materials of inspections of the performance of works on reclamation 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, confirmed by relevant documents;

i) reports on the reclamation of disturbed lands in the form No. 2-tp (reclamation) for the entire period of work related to the violation of the soil cover on the leased site ();

The list of these materials is specified and supplemented by the Permanent Commission, depending on the nature of the disturbance of the land 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 Permanent 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 the event that the representatives of the parties handing over and accepting the reclaimed lands fail to appear, if there is information about their timely notification and there is no petition to postpone the departure of the working commission to the site, the acceptance of the lands 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) completeness of compliance with the requirements of environmental, agrotechnical, sanitary and hygienic, construction and other regulations, standards and rules, depending on the type of disturbance of the soil cover and further intended use reclaimed land;

f) the quality of the performed reclamation, anti-erosion and other measures determined by the project or the conditions of land reclamation (agreement);

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 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 and delivery of reclaimed lands ().

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. In the event that 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 () is compiled as of January 1 by all organizations carrying out work with violation of the soil cover, and after agreement with the local (district, interdistrict, city) bodies of the Ministry of Natural Resources of Russia, no later on January 5 to the relevant bodies of Roskomzem and the State Statistics Committee of Russia.

Summary statistical information on administrative territorial entities (city, district, subject of the Russian Federation) is compiled by the Roskomzem authorities 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 with the allocation of information on individual industries (ministries and departments) and on the constituent entities of the Russian Federation.

26. Order of presentation individuals the 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 on the proposals of the 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-compliance
responsibilities 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 paragraph 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 February 18, 1994 No. 18 and registered Ministry of Justice of Russia No. 528 dated March 28, 1994, 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 timely eliminate the 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, carrying out other works related to the disturbance of the soil cover, as well as in the reclaimed territories 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 according to 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.

Application No. 1
toBasic Provisions


fertile soil layer

Scroll
(recommended)
materials submitted when applying for permission to conduct
on-farm work associated with disturbance of the soil cover

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 removing 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 for 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 fertile soil and, if necessary, potentially fertile rocks.

3. Scheme (project) for the reclamation of disturbed lands, agreed with local authorities 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 determined by the executive authorities of the constituent entities of the Russian Federation and local self-government.

Application No. 2
toBasic Provisions
on land reclamation, removal,
conservation and rational use
fertile soil layer

───────────────────────────────────────────────────────

(name of the authority that issued the permit)

Permission
(recommended)
to carry out on-farm work related to the violation
soil cover

No. ___________ "" ____________ 199

(name of the legal entity, full name of the 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 is granted _____________________________________________

(extraction of common

minerals and peat for on-farm needs, indicating

_____________________________________________________________________________

volume of production 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
places for storing the removed fertile soil layer on the reverse side
Permission is either given by the application and certified by signature and seal).

The specified 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 for the performance of work: ______________________________________________

(depth of development;

____________________________________________________________________________

removal of the 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 of land, etc.)

Period of validity of the permit _____________________________________________________

_____________________________________________________________________________

(address, phone number, fax number and current account of a legal entity)

_____________________________________________________________________________

(home address and telephone number of the citizen, series and number of the passport,

_____________________________________________________________________________

by whom and when issued)

M.P.

Application No. 3
toBasic Provisions
on land reclamation, removal,
conservation and rational use
fertile soil layer

Magazine
(recommended shape)
registration of appeals and issuance of permits for work,
associated with disturbance of the soil cover, for on-farm purposes


p/n

Date of receipt of the appeal

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 rejection

Validity period
solutions

FULL NAME.

the position of the person who received the permit

Signature

The term for the implementation of works on recultivation
tivation and a mark on their implementation
nenie (number and date of the act)

The mark of the
scheniya or prolongation of the permit-
solutions

Application No. 4
toBasic Provisions
on land reclamation, removal,
conservation and rational use
fertile soil layer

I approve

Chairman (Deputy)

Permanent Commission for

land reclamation

_____________________________

(district (city) of the subject of the Russian Federation)

M.P.

Act of acceptance and delivery of reclaimed land
recommended)

"___" ___________199_________________________________________________________________

place of compilation: us. item, land use, etc.)

Working Commission appointed by the order of the Chairman
(Deputy) of the Permanent Commission for Land Reclamation (district, city, subject of the Russian Federation)

from "_______" _______________ 199___ No. _______________ consisting of:

Chairman __________________________________________________________________

Members of the Commission:_______________________________________________________________

(Last name, first and last name, position and place of work)

in the presence (representatives of a legal entity (citizen) that delivers (and
host) land, contractors conducting reclamation

disturbed lands, specialists of design organizations, experts, etc.):

_______________________________________________________________________________

(Last name, first and last name, position and place of work (residence),

_______________________________________________________________________________

as whom participates)

1. Reviewed the submitted materials and documents:

_______________________________________________________________________________

(list and indicate when and by whom they were drawn up, approved, issued)

_______________________________________________________________________________

_______________________________________________________________________________

2. Examined in kind the reclaimed area after the

_______________________________________________________________________________

(types of work related to disturbance of the soil cover)

and made the necessary control measurements and measurements:

_______________________________________________________________________________

(area of ​​the recultivated area, the thickness of the applied fertile

_______________________________________________________________________________

soil layer, etc.)

3. Found that in the period from ______________ 199___ to _____________ 199___

the following works have been completed: _________________________________________________

(types, volume and cost of works:

_______________________________________________________________________________

planning, reclamation, anti-erosion, removal and application

_______________________________________________________________________________

fertile soil layer and potentially fertile rocks, indicating

_______________________________________________________________________________

area and its thickness, forest plantations, etc.)

All work was carried out in accordance with the approved design
materials __________________________________________________________________________

(in case of derogation, indicate for what reasons, with whom and

_______________________________________________________________________________

when allowable derogations were agreed)

and a reclaimed plot with an area of ​​________ hectares is suitable (not suitable
with reasons) to use _____________________________________________

(in agriculture - by type

_______________________________________________________________________________

land, terrain conditions, possibilities of mechanized processing,

_____________________________________________________________________________

suitability for cultivation of agricultural crops and an indication

_____________________________________________________________________________

the period of restoration of soil fertility; forestry purposes - according to

_____________________________________________________________________________

types of forest plantations; under the reservoir - fishery, water management,

_____________________________________________________________________________

for irrigation, complex use, etc.; under construction -

_____________________________________________________________________________

residential, industrial, etc.; for recreational, environmental,

_____________________________________________________________________________

sanitary purposes).

4. The working commission decided:

a) accept (partially or completely) reclaimed land
with an area of ​​______ hectares with their subsequent transfer to ____________________________________

(name of legal

_______________________________________________________________________________

persons, surname I.O. citizen)

in______________________________________________________________________________

(property, rent, etc.)

for further use under _______________________________________________

(special purpose);

_______________________________________________________________________________

b) postpone 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 for
changing the intended purpose of lands provided for by the reclamation project
(with reasons).

The act of acceptance and transfer of reclaimed land was drawn up in triplicate
and after approval by the Chairman (Deputy) of the Permanent Commission for
reclamation:

1st copy. remains in the custody of the Permanent Commission;

2nd copy. sent to the legal or natural person who submitted

reclaimed area

3rd copy. sent to the legal or natural person to whom the

reclaimed area.

Chairman of the working commission (signature) (Last name, first name)

Members of the working commission: (signature) (Last name, first and last name)

Application No. 5
toBasic Provisions
on land reclamation, removal,
conservation and rational use
fertile soil layer

Form No. 2-tp (reclamation)

____________________________

Approved by resolution

Goskomstat of Russia

dated 12.07.94 No. 103

Annual

Report on land reclamation, removal and use
fertile soil layer
19____
G .

row number

The name of indicators

Total

Including

in the development of mineral deposits, their processing and geological exploration

in peat extraction

during construction

Presence of land violations as of 01.01.199__. Total _________

including worked out ____________for the reporting year 199__

Land disturbed - total ___________

including worked out ____________

Reclaimed land -

Total ____________________

including under:

arable land ___________________

other agricultural

land ____________________

forest plantations ________________

water bodies and other purposes _____________

Availability of disturbed lands as of 01.01.199___ total (lines 01+03+05) _______________

including worked out

(lines 02+04+05) _______________

Section II

row number

The name of indicators

Total

The presence of a stored fertile soil layer as of 01.01.199___.

thousand cubic meters m - total __________________________________________________________

For the reporting year 199__

Removed fertile soil layer:

hectares ________________________________________________________________

thousand cubic meters m ____________________________________________________________

Used fertile soil layer thousand cubic meters. m____________________________

including on:

land reclamation ________________________________________________

improvement of unproductive lands ___________________________________

other purposes _____________________________________________________________

Improved unproductive lands with removed fertile soil layer, applied for the purposes of the Basic Provisions on land reclamation, removal,
conservation and rational use of the fertile soil layer

1. disturbed lands- lands that have lost their economic value or being a source of negative impact on the environment in connection with the violation of the soil cover, hydrological regime and the formation of technogenic relief as a result of production activities.

2. Land reclamation- a set of works aimed at restoring the productivity and economic value of disturbed lands, as well as at improving environmental conditions.

3. Inventory of disturbed lands- identification in nature, accounting and mapping of disturbed lands with the determination of their areas and qualitative state.

4. Man-made relief- relief created as a result of production activities.

5. Direction of reclamation- restoration of disturbed lands for a specific purpose.

6. Agricultural direction of land reclamation- Creation of agricultural land on disturbed lands.

7. Forestry direction of land reclamation- Creation of forest plantations of various types on disturbed lands.

8. Water management direction of land reclamation- creation of technogenic relief of reservoirs for various purposes in depressions.

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. Grounding- 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. Land reclamation facility- disturbed land subject to reclamation.

15. Technical stage of land reclamation (technical land reclamation)- the stage of land reclamation, including their preparation for subsequent targeted 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 covering and enclosing a mineral, subject to excavation and movement in the process of open-pit mining.

18. Reclamation 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 favorable physical, chemical and limited agrochemical properties for plant growth.

21. Potentially fertile breeds- rocks, according to the parameters of properties coinciding with the potentially 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 (came 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:

VOCABULARY

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 you can see, what used to be called the improvement of environmental conditions 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 fields) or anthropogenic (oil spills, accumulation 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— degradation of land quality as a result negative impact 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 recultivation is mandatory regardless of the status of the property right of the entity in whose territory land degradation has been identified, and regardless of the existence of a 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.

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.

The name of indicators

in the development of mineral deposits, their processing and carrying out geological exploration work

in peat extraction

Presence of disturbed lands

including completed...

Lands disturbed - total..

including completed...

Reclaimed land -

Total...................

other agricultural land...................

reservoirs and other purposes ...

Presence of disturbed lands

(lines 01 + 03 + 05) ...

The name of indicators

The presence of a stored fertile soil layer on

01/01/199__ thousand cubic meters m - total.

For the reporting year 199__

Removed fertile soil layer:

Fertile layer used

soil thousand cubic meters m.................

land reclamation..............

improvement of unproductive land.

other purposes ..............

Improved unproductive lands with removed fertile soil layer,

hectares ..........................

The presence of a stored fertile soil layer

as of 01.01.199__ thousand cubic meters m

(lines 12 + 14 + 15) ..............

Including

"____" _____________ 19__ Head ____________ __________________________________ (surname and phone number of the contractor)

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.


I. General provisions


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