According to the current legislation, the subsoil is the exclusive property of the Ukrainian people and is provided only for use. Subsurface users in Ukraine can be enterprises, institutions, organizations, citizens of Ukraine, as well as foreigners and stateless persons, foreign legal entities. At the same time, the subsoil is available for use to enterprises, institutions, organizations and citizens only if they have a special permit for the use of a subsoil, the decision on issuing which is taken by the State Service of Geology and Mineral Resources of Ukraine, and the Council of Ministers of the Autonomous Republic of Crimea – regarding minerals of local significance on the territory of the Autonomous Republic of Crimea. The grounds and procedure for obtaining a special permit are determined, in particular, by the Code of Ukraine on Mineral Resources, Resolution of the Cabinet of Ministers of Ukraine of May 30, 2011, No 615 “On Approval of the Procedure for Granting Special Permits for Subsoil Use” and the Decree of the Cabinet of Ministers of Ukraine of May 30, 2011. № 594 “On approval of the procedure for conducting auctions for the sale of special permits for the use of mineral resources”.
Thus, a special permit for the use of subsoil is an authorization document issued to the winner of the auction or without an auction, for the use of mineral resources within the territory of Ukraine, its continental shelf and the exclusive (maritime) economic zone. Obtaining a special permit for subsoil use requires certain specialized knowledge, skills and efforts. The law firm “SLS Group” offers professional legal services for obtaining special permits for the use of mineral resources in Ukraine.
Types of use of mineral resources
Subsoil is provided for use for such purposes:
- geological study, including research and commercial development of mineral deposits of national importance;
- extraction of minerals;
- construction and operation of underground structures not related to the extraction of minerals, including facilities for the underground storage of oil, gas and other substances, and materials, burial of hazardous substances and production wastes, sewage discharge;
- creation of geological territories and facilities that have important scientific, cultural, sanitary and health value (scientific ranges, geological reserves, reserves, nature monuments, medical, health institutions, etc.)
- performance of works (implementation of activities) stipulated by the production sharing agreement;
- other needs.
The period of validity of a special permit is calculated from the date of its registration, unless otherwise provided in it, and cannot exceed the deadline established by law:
- 3 years – for geological study of subsoil plots of minerals of local importance;
- 5 years – for geological study of mineral deposits and geological study, including pilot development of mineral deposits of national importance;
- 10 years – for geological study of oil and gas bearing deposits, including pilot-industrial development of oil and gas fields, within the continental shelf and the exclusive (marine) economic zone of Ukraine;
- 20 years – for extraction of minerals;
- 30 years – for oil and gas production within the continental shelf and the exclusive (marine) economic zone of Ukraine;
- the period of validity of individual permits for geological study of oil and gas deposits and oil and gas production (industrial development of deposits), but not more than 20 years onshore and not more than 30 years on the continental shelf and within the exclusive (maritime) economic zone of Ukraine – geological study of oil and gas bearing deposits, including pilot development of deposits with further production of oil and gas (industrial development of deposits). At the same time, the geological study period for oil and gas bearing deposits cannot exceed 10 years;
- 20 years – for the construction and operation of underground structures not connected with the extraction of minerals;
- 50 years – for the construction and operation of underground oil or gas storage facilities;the validity period of the relevant production sharing agreement – for the implementation of production sharing agreements.
Special permission for mineral resources use: necessary documents
To obtain a special permit for mineral resources use with the purpose of, in particular, the geological survey; geological study, including research and industrial development; geological study of oil and gas bearing deposits, including pilot development of hydrocarbon fields, followed by the extraction of oil and gas (industrial development of deposits), the applicant shall submit the following documents to the authority on the issue of authorization:
- an application;
- a copy of the passport and registration number of the taxpayer’s card of the individual entrepreneur;
- an explanatory note with the justification of the need for geological exploration in the subsoil area, indicating the purpose of its geological study, the capacity of the enterprise;
- a catalog of geographical coordinates of the corner points of the subsoil plot (with an error less than 1 second) with indication of its area;
- an overview map (scale 1: 200000);
- a situational plan with the boundaries of the geological study plotted and geographic coordinates of its corner points (with an error less than 1 second) on a scale that allows to verify the correctness of the coordinates determination;
- an overview geological map (scale 1: 200000 – 1: 50000) with lines of project geological sections;a hydrogeological map (for groundwater deposits);
- geological sections.
The list of documents varies with regard to the type of subsoil use and the purpose of obtaining a special permit. If you want to save your time and energy and at the same time get a positive result – contact the specialists of “SLS Group”, which will provide detailed legal advice, as well as help you get a special permission to use the subsoil in the shortest possible time. To sign up for a consultation or find out more information you can by the telephone number or through the feedback form.