Principles on the Earth’s Interior

Supreme Soviet, Principles of Legislation of the USSR and the Union Republics on the Earth’s Interior. July 10, 1975

 

Original Source: Pravda, 11 July 1975, pp. 1-2; Izvestiia, 10 July 1975, pp. 2-3.

As a result of the victory of the Great October Socialist Revolution, the earth’s interior in our country was nationalized and became the property of the people [In accordance with the U.S.S.R. Constitution, it is state property, i.e., the property of a the people].

State ownership of the earth’s interior in the U.S.S.R. forms the basis of mining relations, i.e., of social relations in the field of [connected with] the utilization and protection [use of the] earth’s interior [in the U.S.S.R.], creates conditions for the planned, rational and comprehensive use [systematic, comprehensive and rational utilization] of the earth’s interior, makes it possible to ensure the correct siting of the country’s productive forces and high rates for the development of the national economy, and is one of the most important factors in the creation of the material and technical base of communism.

The U.S.S.R. (Soviet Union) possesses large reserves of useful minerals. At the same time [however], the steady growth of the consumption of mineral raw materials in the national economy [as well as the nonrenewable nature of useful minerals] increases the importance of the [their] scientifically substantiated and effective utilization of useful minerals and requires all [state and other agencies] enterprises, organizations, institutions and citizens to take a solicitous attitude toward the resources of the earth’s interior [natural wealth].

The Soviet state is concerned with ensuring not only [satisfying] the country’s ever growing requirements for mineral raw materials [connected with the utilization of the earth’s interior] and with satisfying other needs of the national economy connected with the use of the earth’s interior but also with preserving natural resources for future generations [ensuring the possibility of satisfying future generations’ requirements in this respect].

Soviet legislation on the earth’s interior is called upon actively to facilitate the most rational utilization of the earth’s interior and its protection [and the ensuring of the safe conduct of work connected with the use of the earth’s interior].

I. General Provisions

Art. 1. The Tasks of Soviet Legislation on the Earth’s Interior.-The tasks of Soviet legislation on the earth’s interior are the regulation of mining [social] relations [connected with the use of the earth’s interior] with a view to ensuring the rational and comprehensive utilization of the earth’s interior for the satisfaction of requirements for mineral raw materials (the provision of mineral raw materials to the national economy and the satisfaction of other requirements] and of other needs of the national economy, the protection of the earth’s interior and the ensuring of safety in work during the use of the earth’s interior, as well as the [strengthening of legality and the] Protection of the rights of enterprises, organizations, institutions and citizens and the strengthening of legality in this field.

Art. 2. The Legislation of the U.S.S.R. and the Union Republics on the Earth’s Interior.-Mining [Social] relations [connected with the use of the earth’s interior (mining) relations] in the U.S.S.R. are regulated by these Principles, by other legislative acts of the U.S.S.R. land the Union republics] on the earth’s interior and by laws (codes) and other legislative acts of the Union republics on the earth’s interior issued in accordance with these Principles.

Land, water and forest relations are [The procedure for the utilization of land, water and forests in connection with the use of the earth’s Interior is] regulated by appropriate U.S.S.R. and Union-republic legislation.

Art. 3. State Ownership of the Earth’s Interior in the U.S.S.R.-In accordance with the U.S.S.R. Constitution, the earth’s interior in the Union of Soviet Socialist Republics is state property, i.e., the property of all the people.

The earth’s interior in the U.S.S.R. is the exclusive property of the state and is assigned only for use. Actions that overtly or covertly violate the right of state ownership of the earth’s interior are prohibited.

Art. 4. The Common State Fund of the Earth’s Interior.-All of the earth’s interior in the U.S.S.R. makes up. the common state fund of the earth’s interior, which includes both used and unused sections of the earth’s interior.

Art. 5. The [Delimitation of the] Jurisdiction of the U.S.S.R. [and the Union Republics] in the Field of the Regulation of Mining Relations [Connected With the Use of the Earth’s Interior-Art. 4 in the draft Principles]. -The jurisdiction of the U.S.S.R. in the field of the regulation of mining relations extends to: [The regulation of relations connected with the use of the earth’s interior falls within the jurisdiction of the U.S.S.R., within the limits necessary for the exercise of the U.S.S.R.’s authority in accordance with the U.S.S.R. Constitution. The regulation of other relations in this field falls within the jurisdiction of the Union republics.

[The jurisdiction of the U.S.S.R. and the Union republics on questions of the regulation of specific relations connected with the use of the earth’s interior is determined in accordance with these Principles.]

1) the administration of the common state fund of the earth’s interior, within the limits necessary for the exercise of the U.S.S.R.’s authority in accordance with the U.S.S.R. Constitution;

2) the establishment of basic provisions and the determination of a uniform technical policy in the field of the utilization and protection of the earth’s interior;

3) the establishment of all-Union plans for the protection of the earth’s interior and the rational utilization of mineral resources;

4) state supervision and control over the utilization and protection of the earth’s interior, over the conduct of work on the geological study of the earth’s interior and the establishment of a procedure for the exercise of supervision and control;

5) the regulation of other questions in the field of the utilization and protection of the earth’s interior in accordance with the U.S.S.R. Constitution and these Principles.

Art. 6. The Jurisdiction of the Union Republics in the Field of the Regulation of Mining Relations.-The jurisdiction of the Union republics in the field of the regulation of mining relations, outside the limits of the U.S.S.R.’s jurisdiction, extends to: the administration of the common state fund of the earth’s interior, within the republics’ territories; the establishment of a procedure for the use of the earth’s interior and its protection; the establishment of republic plans for the protection of the earth’s interior and the rational utilization of mineral resources; the exercise of state supervision and control over the utilization and protection of the earth’s interior and the conduct of work on the geological study of the earth’s interior; and the regulation of other questions in the field of the utilization and protection of the earth’s interior, if they do not fall within the U.S.S.R.’s jurisdiction.

Art. 7. State Administration in the Field of the Utilization and Protection of the Earth’s Interior.-State administration in the field of the utilization and protection of the earth’s interior is exercised by the U.S.S.R. Council of Ministers, the Union-republic Councils of Ministers, the autonomous-republic Councils of Ministers and the local Soviet executive committees, as well as by specially authorized state agencies, according to a procedure established by U.S.S.R. and Union-republic legislation.

Art. 8. Users of the Earth’s Interior (Art. 5 in the draft Principles]. -Users of the earth’s interior may be [The earth’s interior is assigned for use by] state, cooperative and public enterprises, organizations and institutions, as well as U.S.S.R. citizens.

(U.S.S.R. citizens may, according to established procedure, conduct explorations for and the prospecting extraction of useful minerals, as well as extract useful minerals in general use and peat for their household needs.]

In cases provided for by U.S.S.R. legislation, the earth’s interior may be assigned for use by other organizations and individuals as well.

Art. 9. Types of the Use of the Earth’s Interior [Art. 6 in the draft Principles].-The earth’s interior is assigned for use for:

  • geological study;
  • the extraction [working of deposits] of useful minerals;
  • the construction and operation of underground structures unconnected with the extraction of useful minerals, including structures for the underground storage of petroleum, gas and other substances and materials, the burial of harmful substances and production wastes and the discharge of effluents;
  • the satisfaction of other state and public needs. [U.S.S.R. legislation may also establish other types of the use of the earth’s interior.]

The earth’s interior is assigned for use free of charge, except in instances established by the U.S.S.R. Council of Ministers.

Art. 10. The Assignment of the Earth’s Interior for Geological Study [Art. 16–Geological Study of the Earth’s Interior-in the draft Principles].-The earth’s interior is assigned for use for geological study, i.e., for [The geological study of the earth’s interior has the purpose of] obtaining data on the geological structure of the earth’s interior and on the processes taking place therein, identifying and evaluating deposits of useful minerals, studying [and] the patterns of their formation and distribution, and ascertaining mining-engineering and other conditions for working deposits of useful minerals and utilizing the earth’s interior for purposes unconnected with the extraction of useful minerals, on the basis of permits issued by specially authorized state agencies according to a procedure established by U.S.S.R. legislation.

Art. 11. The Assignment of the Earth’s Interior for the Extraction [Working of Deposits] of Useful Minerals [Art. 7 in the draft Principles].-The earth’s interior is assigned for use for the extraction of useful minerals on the basis of documents that certify mining concessions [The assignment of the earth’s interior for the working of deposits of useful minerals is conducted on the basis of mining-concessions documents, which certify mining concessions. The working of deposits of useful minerals outside the boundaries of mining concessions is prohibited.]

Mining concessions for the working of deposits of useful minerals (except for mining concessions for the working of deposits of useful minerals in general use) are assigned by state mining supervision agencies according to the procedure established by U.S.S.R. legislation.

Mining concessions for the working of deposits of useful minerals in general use are assigned by district (city) Soviet executive committees [according to the procedure established by Union-republic legislation] and are subject to registration with the state mining supervision agencies. The classification [list] of useful minerals in general use is made by the state mining supervision agencies according to the procedure established [determined] by U.S.S.R. legislation.

The working of deposits of useful minerals outside the boundaries of mining concessions is prohibited.

The experimental-industrial working of deposits of useful minerals or parts of them, as well as the working of deposits of peat and underground fresh water, is carried out without the assignment of mining concessions and according to the procedure established by U.S.S.R. and Union-republic legislation.

Enterprises, organizations, institutions and citizens [Land users] have the right to use the earth’s interior, within the plots of land assigned to them, to extract useful minerals in general use, peat and underground fresh water for their economic and household needs without the assignment of mining concessions and according to the procedure established by U.S.S.R. and Union-republic legislation.

Art. 12. The Assignment of the Earth’s Interior for Purposes [Uses] Unconnected With the Extraction of Useful Minerals [Art. 8 in the draft Principles].-The earth’s interior is assigned for use for [The assignment of the earth’s interior for geological study and] the construction and operation of underground structures [for the underground storage of petroleum, gas and other substances and materials, the discharge of effluents, the burial of harmful substances and production wastes] and for other purposes [types of use] unconnected with the extraction of useful minerals [is conducted] according to the procedure established by U.S.S.R. and Union-republic legislation. The assignment of the earth’s interior for the burial of harmful substances and production wastes and the discharge of effluents is permitted only in exceptional cases and with the observance of special, requirements and conditions.

Enterprises, organizations, institutions and citizens have the right, within the plots of land assigned to them, to use the earth’s interior for their economic and household needs unconnected with the extraction of useful minerals, according to the procedure established by Union-republic legislation.

Art. 13. Time Periods for the Use of the Earth’s Interior [Art. 9 in the draft Principles].-The use of the earth’s interior may be permanent or temporary [depending upon the type of use of the earth’s interior and the national-economic tasks for the implementation of which the earth’s interior is assigned for use].

The use of the earth’s interior without a previously established time period is recognized as permanent (continuous).

In cases of temporary use, the earth’s interior is assigned for time periods not exceeding 10 years. [The use of the earth’s interior with a previously established time period not exceeding 10 years is recognized as temporary]. When necessary, the time period of temporary use [In case of production necessity, this time period] may be extended.

Art. 14. The Basic Rights and Duties of Users of the Earth’s Interior [Art. 10 in the draft Principles].-Users of the earth’s interior have the right and are obliged to use the earth’s interior for the purpose for which it was assigned.

In cases provided for by U.S.S.R. and Union-republic legislation, the rights, of users of the earth’s interior may be restricted in the interests of the state, as well as in the interests of other users of the earth’s interior.

Users of the earth’s interior are obliged to ensure:

1) complete geological study; [of the pertinent section of the earth’s interior, as well as its] the rational and comprehensive utilization and protection of the earth’s interior;

2) [the protection of the earth’s interior and] the safe–for personnel and the population –conduct of work connected with the use of the earth’s interior;

3) the protection of the atmosphere, the land [surface], forests, water and other [natural] environmental objects, as well as of buildings and other structures, from the harmful effects of work connected with the use of the earth’s interior;

4) the preservation of preserves and natural and cultural monuments from the harmful effects of work connected with the use of the earth’s interior;

5) the bringing of plots of land disturbed during [after the completion of work connected with] the use of the earth’s interior into a safe condition, as well as into a condition suitable for their utilization in the national economy, in accordance with U.S.S.R. and Union-republic [land] legislation.

Art. 15. Grounds and Procedures for Terminating the Right to Use the Earth’s Interior [Art. 11 in the draft Principles].-The right to use the earth’s interior is terminated, wholly or partially, in the event that:

1) the need to use the earth’s interior no longer exists;

2) the established time period for the use of the earth’s interior expires;

3) the need arises to withdraw a section of the earth’s interior for other state or public needs;

4) an enterprise, organization or institution to which the earth’s interior has been assigned for use goes out of existence;

5) a clear danger to public health arises.

The right to use the earth’s interior can be terminated if the user:

  • has not begun using the earth’s interior after two years;
  • is not using the earth’s interior in accordance with the purpose for which it was assigned;
  • has violated other regulations governing the use of the earth’s interior and its protection.

In the instances stipulated in points 1, 3, 4 and 5 of the first part and in the second part of this article, the right to use [of] the earth’s interior is terminated by the appropriate agencies by voiding mining-concession documents or permits they have issued [that have been issued or by rescinding decisions that have been made].

Enterprises, organizations, institutions and citizens [Land users] can be deprived of the right to extract, on the plots of land assigned to them, useful minerals in general use, peat and underground fresh water [for their household needs] if they violate the procedure for and conditions of extraction.

Other grounds for terminating the right to use the earth’s interior may be stipulated by U.S.S.R. and Union-republic legislation.

II. The Geological Study of the Earth’s Interior

(II in the draft Principles].

Art. 16. Basic Requirements for the Geological Study of the Earth’s Interior [Art. 17 in the draft Principles].–Enterprises, organizations and institutions carrying out the geological study of the earth’s interior are obliged to ensure [In the geological study of the earth’s interior. the following conditions must be ensured]:

1) the rational, scientifically substantiated direction and effectiveness of work on the geological study of the earth’s interior;

2) the complete study of the geological structure of the earth’s interior, mining-engineering, hydrogeological and other conditions for working proven deposits, and the construction and operation of underground structures unconnected with the extraction of useful minerals [as well as the geological-economic appraisal of deposits];

3) the authenticity of determinations of the quantity and quality 0 reserves of primary useful minerals and secondary minerals occurring in the same deposit and of the components contained therein; the geological-economic appraisal of deposits of useful minerals,-

4) the conduct of work on the geological study of the earth’s interior by ways and means that rule out unwarranted losses of useful minerals and the lowering of their quality;

5) the placement of rocks and useful minerals removed from the earth’s interior so as to rule out any harmful effect from these materials on the environment;

6) the preservation of exploratory mine workings and wells that could be used during the working of deposits and for other national-economic purposes and the elimination, according to established procedure, of workings and wells not subject to use;

7) the preservation of geological and administrative-technical documentation, rock and ore samples, bore samples and duplicate specimens of useful minerals that might be used in further studies of the earth’s interior in prospecting and working deposits of useful minerals, and in using the earth’s interior in ways unconnected with the extraction of useful minerals.

Art. 17. State Registration and State Record-Keeping of Work on the Geological Study of the Earth’s Interior [Art. 18 in the draft Principles].-Work on the geological study of the earth’s interior is subject to state registration and state record-keeping [according to the procedure established by U.S.S.R. legislation], for the purpose of the generalization and maximum utilization of the results of studies of the earth’s interior. as well as for preventing the duplication of the indicated work.

State registration and state record-keeping of work on the geological study of the earth’s interior is conducted according to the procedure established by U.S.S.R. legislation.

Conducting work- on the geological study of the earth’s interior without state registration is prohibited.

Art. 18. Quality Standards for Mineral Raw Materials [Art. 19 in the draft Principles].-In order to determine the industrial value of deposits and to calculate the reserves of useful minerals in these deposits, quality standards are established for the mineral raw materials in every deposit; these standards represent the sum total of economically substantiated requirements for the quality and quantity of useful minerals and the mining-geological and other conditions for working a deposit.

Quality standards for mineral raw materials are worked out with consideration for the utilization of primary useful minerals and secondary minerals occurring in the same deposit and of the valuable components contained therein and are confirmed according to the procedure established by U.S.S.R. legislation.

Art. 19. The Transfer of Proven Deposits of Useful Minerals for Industrial Development [Art. 21 in the draft Principles].-Proven deposits or sections of these deposits in which reserves of useful minerals have been confirmed are subject to transfer (of useful minerals or sections of these deposits are transferred] for industrial development to ministries and departments (state and other agencies] exercising management over the working of deposits of useful minerals [as well as to enterprises and organizations in accordance with the Purposes of their activity].

The procedure for the transfer of proven deposits of useful minerals (except for deposits of useful minerals in general use) for industrial development is established by U.S.S.R. legislation, and the procedure for the transfer of deposits of useful minerals in general use is established by Union-republic legislation.

Art. 20. Discoverers of Deposits of Useful Minerals [Art. 23 in the draft Principles].-Persons who discover a previously unknown deposit [or show] of useful minerals that has industrial value, as well as those who identify additional reserves of useful minerals or new mineral raw materials [a new ore body, bed or seam or a new useful mineral] in a previously known deposit that materially increases its industrial value, are recognized as discoverers.

Discoverers are entitled to remuneration.

The rights of discoverers and the procedure for paying them remuneration are defined by U.S.S.R. legislation.

III. The Designing, Construction and Putting into Operation of Mining Enterprises and Underground Structures Unconnected with the Extraction of Useful Minerals

[IV in the draft Principles].

Art. 21. Special Features of the Designing of Mining Enterprises and of Underground Structures Unconnected With the Extraction of Useful Minerals [Art. 25 in the draft Principles]. -The designing of mining enterprises and underground structures unconnected with the extraction of useful minerals is conducted on the basis of geological and other studies of the earth’s interior on the proposed construction site, with consideration for the comprehensive development of the economic region.

The designing of mining enterprises is conducted only after confirmation of reserves of useful minerals and the transfer of deposits [recognized as ready] for industrial development. In exceptional cases, the designing of mining enterprises may be conducted before the confirmation of reserves of useful minerals, with the permission of the U.S.S.R. Council of Ministers. [The designing of enterprises for the extraction of useful minerals in general use and of peat is conducted according to the procedure established by Union-republic legislation.]

The siting of mining enterprises or underground structures unconnected with the extraction of useful minerals must be agreed upon with the executive and administrative agencies of the appropriate Soviets, the state mining supervision agencies and other interested agencies before design work is begun.

Art. 22. Basic Requirements for the Designing, Construction and Putting Into Operation of Mining Enterprises and of Underground Structures Unconnected With the Extraction of Useful Minerals [Art. 26 in the draft Principles].-The designs of mining enterprises must provide for:

1) the siting of above-ground and underground mining-enterprise structures [facilities] at deposits of useful minerals that ensure the most rational and effective utilization of reserves of useful minerals;

2) ways of opening up and systems of working deposits of useful minerals and technological schemes for the processing (preparation) of mineral raw materials that ensure the fullest possible, comprehensive and economically most expedient recovery from the earth’s interior of reserves of primary useful minerals and secondary minerals occurring in the same deposit, as well as the utilization of the industrially important components contained therein;

3) the rational utilization of rock removed during the working of deposits [open-cut extraction] of useful minerals;

4) the storing and preservation of temporarily unused side-recovered useful minerals, as well as of production wastes containing useful components;

5) the geological study of the earth’s interior opened up in the process of the construction and operation of mining enterprises, and the compilation of geological and mine-surveying documentation;

6) measures ensuring the safety of the population and the protection of the earth’s interior, other environmental objects, buildings and other structures.

In the designing, construction and putting into operation of mining enterprises, the fulfillment of the [pertinent] requirements spelled out in Art. 14 [ 10] of these Principles must also be ensured.

In the designing, construction and putting into operation of underground structures unconnected with the extraction of useful minerals, the fulfillment of the requirements spelled out in points 3-6 [3, 4 and 5] of this article, as well as in the pertinent points of Art. 14 [10] of these Principles, must be ensured.

The construction, reconstruction and putting into operation of mining enterprises, as well as of underground structures unconnected with the extraction of useful minerals, is prohibited if the requirements stipulated in this article are not observed in the designing of such enterprises and structures.

IV. The Use of the Earth’s Interior for the Working of Deposits of Useful Minerals and for Purposes Unconnected with the Extraction of Useful Minerals

Art. 23. The Procedure for Working Deposits of Useful Minerals [Art. 27 in the draft Principles]. -The working of deposits of useful minerals is conducted in accordance with the confirmed designs of mining enterprises, [as well as in accordance with] plans for the development of mining operations, designs and schemes for the working of petroleum, gas and underground water deposits and the regulations governing technical exploitation.

The regulations governing the technical exploitation of mining enterprises, the regulations governing the working of petroleum and gas deposits and the plans for the development of mining operations are confirmed by the appropriate [state and other] agencies, with the agreement of the state mining supervision agencies.

Art. 24. Basic Requirements for the Working of Deposits of Useful Minerals [Art. 28 in the draft Principles].-In the working of deposits of useful minerals, the following must be ensured:

1) the use of the most rational and effective methods for the extraction of primary minerals and secondary minerals occurring in the same deposit and the recovery of industrially important components contained therein, and the prevention of above-norm losses and the above-norm depletion of useful minerals, as well as of the selective working of rich sections of deposits leading to unwarranted losses of balance sheet reserves of useful minerals [as well as the prohibition of the unwarranted selective working of rich sections of deposits and the playing out of reserves of useful minerals, above-norm losses and the depletion of useful minerals);

2) the thorough prospecting of deposits of useful minerals and the implementation of other geological work and mine-surveying work, as well as the drawing up of the required technical documentation [turned over for industrial development);

3) the keeping of records on the condition and movement of reserves and on losses and depletion of useful, minerals;

4) the prevention of damage to deposits of useful minerals that are being worked and to neighboring deposits as a result of mining operations, as well as the preservation of reserves of useful minerals temporarily closed down in the earth’s interior;

5) the preservation of and the keeping of records on side-recovered useful minerals temporarily not in use, as well as of production wastes containing useful components;

6) the rational utilization of removed rock and production wastes [waste products of basic production], as well as their correct placement [with a view to preventing these wastes from having a harmful effect on the environment];

7) the safety of personnel and the population, the protection of the earth’s interior, other environmental objects, buildings and other structures; and the elaboration and confirmation of plans for the elimination of accidents.

Art. 25. The Elimination and Temporary Closing of Mining Enterprises [Art. 29 in the draft Principles]. -When the working of reserves of useful minerals has been completed, as well as in cases in which, according to technical and economic calculations or for other reasons, the further working of a deposit or a part of it is inexpedient or impossible, the mining enterprise working the deposit or the pertinent section of this enterprise is subject to elimination or temporary closing.

In the complete or partial elimination or temporary closing of mining enterprises, the mine workings and wells must be put into a condition that ensures the safety of the population and the protection of the environment, buildings and other structures; in temporary closing, deposits, mine workings and wells must be preserved in good condition during the entire shutdown period. When a mining enterprise is eliminated, the question of the possible utilization of the mine workings and wells for other national-economic purposes must also be resolved.

When a mining enterprise or a part of one is eliminated or closed temporarily, geological and mine-surveying documentation is continued until mining operations are completed and is deposited for safekeeping according to established procedure.

Measures to ensure the safety of mining operations must be conducted at mining enterprises adjacent to enterprises that are eliminated or closed temporarily.

The elimination and temporary closing of mining enterprises or parts of such enterprises is carried out with the agreement of the state mining supervision agencies and other interested agencies.

Art. 26. Prospectors’ Extraction of Useful Minerals [Art. 30 in the draft Principles].-At deposits of useful minerals or sections of deposits the working of which by mining enterprises is inexpedient, the extraction of useful minerals by the personal labor of prospectors is permitted [may be transferred to prospectors for the extraction of useful minerals by personal labor].

The extraction of useful minerals by prospectors’ artels [Prospectors’ extraction] is conducted according to contracts with mining enterprises, within the bounds of their mining concessions, and by individual citizens according to authorization certificates issued by mining enterprises. Mining enterprises are charged with exercising control over prospectors’ extraction of useful minerals. [The products extracted by prospectors are turned over to the indicated enterprises which pay the prospectors according to established procedure. The mining enterprises are charged with providing geological and mine-surveying services for the prospectors’ work. providing assistance to prospectors and exercising control over the working of deposits of useful minerals by prospectors, as well as over the state of safety measures and fire protection and over the protection of the earth’s interior during the conduct of prospectors’ operations.]

The list [types] of useful minerals for which prospectors’ extraction is authorized and the Model Charter for Prospectors’ Artels are confirmed according to the procedure established by the U.S.S.R. Council of Ministers (legislation].

Art. 27. The Procedure for the Use [Utilization] of the Earth’s Interior for Purposes Unconnected With the Extraction of Useful Minerals [Art. 31 in the draft Principles]. -The use [utilization] of the earth’s interior for the construction and operation of underground structures [underground storage of petroleum, gas and other substances and materials, the discharge of effluents and the burial of harmful substances and production wastes, as well as for] and for other purposes unconnected with the extraction of useful minerals is conducted according to special [technical] designs confirmed according to the procedure established by U.S.S.R. and Union-republic legislation [agreed upon with the state mining supervision agencies and other interested agencies].

The designs should provide for measures to ensure the appropriate detoxification of effluents, harmful substances, production wastes and other substances and materials or their localization within strictly defined limits and the prevention of their penetration into mine workings, to the earth’s surface and into bodies of water.

In cases of the violation of the requirements of this article, the discharge of effluents into the earth’s interior, the burial of harmful substances and production wastes and the underground storage of substances and materials should be restricted, suspended or prohibited by the state mining supervision agencies or other state agencies specially authorized to do so. [Enterprises, organizations and institutions in charge of underground structures unconnected with the extraction of useful minerals are obliged, during the operation, temporary closing and dismantling of the indicated structures or parts of them, to fulfill the requirements stipulated in Arts. 10 and 29 of these Principles.]

V. The Safety of Work Connected with the Use of the Earth’s Interior

[VI in the draft Principles].

Art. 28. Ensuring [Basic Provisions on] the Safe Conduct of Work Connected With the Use of the Earth’s Interior [Art. 33 in the draft Principles].-During the construction, reconstruction and operation of mining enterprises, as well as of underground structures unconnected with the extraction of useful minerals, and during the performance of geological-prospecting and other work connected with the use of the earth’s interior, the safety of personnel and the population must be ensured.

[The categories of individuals to whom] Responsibility for ensuring the observance of safety regulations and norms at enterprises and in organizations and institutions using the earth’s interior is entrusted to [are determined by] their executives [of these enterprises, organizations and institutions], who determine the categories of individuals who exercise control over the observance of the indicated regulations and norms in the structural subdivisions of enterprises, organizations and institutions.

Art. 29. Basic Requirements for Ensuring Safety in the Conduct of Work Connected With the Use of the Earth’s Interior (Art. 34 in the draft Principles].-In carrying out work connected with the use of the earth’s interior, the following must be ensured:

1) the study and implementation by personnel of regulations and norms on the safe conduct of work, as well as the planning and carrying out of [necessary] measures to prevent and eliminate accidents;

2) the suspension of work in case danger to the lives of personnel arises, the evacuation of people to a safe place, and the implementation of measures necessary to remove the danger;

3) the use of machinery, equipment and materials in accordance with the requirements of safety regulations and norms and sanitary norms;

4) the keeping of records on and the proper storage and consumption of explosive substances and blasting devices, as well as their correct and safe use-,

5) the timely filing of the technical documentation stipulated by safety regulations, including plans for mining operations with precisely specified [designated-boundary] zones for the safe conduct of work and plans for eliminating accidents.

Regulations on discipline for persons working in especially dangerous underground conditions are confirmed by the U.S.S.R. Council of Ministers.

Art. 30. Special Requirements for Safety in the Conduct of Mining operations [Art. 35 in the draft Principles]. -Ministries, departments and the enterprises, organizations and institutions under their jurisdiction that conduct mining operations [as well as the state and other agencies under whose jurisdiction they fall] are obliged to work out, taking into account the present-day achievements of science and technology and to implement special comprehensive organizational-technical measures envisaging the [continuous] improvement of the composition of the atmosphere in mines, of the technology of conducting mining operations and of collective and individual protective devices designed to prevent occupational diseases and on-the-job injuries.

In order to ensure the most favorable conditions for the normal vital activity and safety of workers and other employees engaged in mining operations, the ministries and departments and other interested [state and public] agencies are obliged systematically to improve safety regulations and norms and sanitary regulations and norms.

It is forbidden to conduct mining operations if the content of oxygen, dangerous and explosive gases and dust, as well as the air temperature, in the atmosphere of operating mine workings does not meet the requirements of safety regulations and norms and sanitary regulations and norms.

Persons having the appropriate special education are permitted to direct mining and explosive operations. Persons who have licenses to carry out explosive operations are permitted to conduct this work.

Art. 31. The Responsibilities of Persons Engaged in Mining Operations for Observing Safety Regulations and Norms [Ensuring Safety-Art. 36 in the draft Principles].-Persons engaged in mining operations are obliged:

1) to fulfill the requirements of the regulations and norms on the safe conduct of work [and not to permit the violation of these regulations and norms by other persons];

2) to carry out systematic inspections of workplaces [the condition of mines] and equipment and to take steps for the immediate removal of ascertained violations of safety regulations and norms:

3) to work in special clothing and to use individual protective devices;

4) [not to permit] in the performance of work, not to use methods [in ways] that might create the danger of an accident or other mishap;

5) when the danger of an accident arises, to stop work, report immediately to the manager of the operation, and act in strict accordance with the plan for eliminating accidents.

Art. 32. The Mine Rescue Service [Art. 37 in the draft Principles]. -Enterprises, organizations and institutions conducting mining operations are serviced, according to established procedure, by mine rescue units, and those conducting drilling operations in prospecting for and working [for] petroleum and -as deposits are serviced by services for the prevention and elimination of gas and petroleum gushers. The deployment of these units and services is determined by the appropriate ministries and departments, with the agreement of the state mining supervision agencies.

Statutes on the mine rescue units and the services for the prevention and elimination of gas and petroleum gushers are confirmed according to the procedure established by the U.S.S.R. Council of Ministers.

In cases of accidents at mining enterprises, the Soviet executive committees, as well as enterprises, organizations and institutions, regardless of their departmental subordination, are obliged to make available means of transportation, materials, equipment, means of communication and medicines and to provide other types of assistance for eliminating accidents.

VI. The Protection of the Earth’s Interior

[II in the draft Principles].

Art. 33. Basic Requirements in the Field of the Protection of the Earth’s Interior [Art. 13 in the draft Principles].-The entire earth’s interior in the U.S.S.R. is subject to protection.

The basic requirements in the field of the protection of the earth’s interior are:

  • ensuring the complete and comprehensive geological study of the earth’s interior;
  • the observance of the established procedure for assigning the earth’s interior for use, and the prohibition of the unauthorized use of the earth’s interior;
  • the fullest possible recovery from the earth’s interior and the rational utilization of reserves of primary useful minerals and secondary minerals occurring in the same deposit and of components contained therein;
  • preventing work connected with the use of the earth’s interior from having a harmful effect on the preservation of reserves of useful minerals;
  • the protection of deposits of useful minerals from flooding, inundation, fires and other factors that lower the quality of useful minerals and the industrial value of deposits or make it more difficult to work them;
  • the prevention of unwarranted and unauthorized building on sites where useful minerals occur, and the observance of established procedure for the utilization of these sites for other purposes;
  • preventing work connected with the use of the earth’s interior from having a harmful effect on the preservation of mine workings and wells that are operating or are closed temporarily, as well as of underground structures;
  • the prevention of the pollution of the earth’s interior during the underground storage of petroleum, gas and other substances and materials, the burial of harmful substances and production wastes and the discharge of effluents.

If the requirements of this article are violated, the use of the earth’s interior may be restricted, suspended or prohibited by state mining supervision agencies or other state agencies specially authorized to do so, according to the procedure established by U.S.S.R. legislation.

U.S.S.R. and Union-republic legislation may establish material and moral incentives for users of the earth’s interior to stimulate the implementation of measures to improve the utilization of the earth’s interior and to intensify its protection.

Art. 34. Conditions for Building on Sites Where Useful Minerals Occur [Art. 14 in the draft Principles].-The designing and construction of population centers, industrial complexes and other national-economic facilities is prohibited [without preliminary geological study of the earth’s interior under the location of the proposed building and] before obtaining from the appropriate territorial geological organization data indicating the absence of useful minerals in the earth’s interior under the proposed building site.

In exceptional cases, building on sites where useful minerals (except for useful minerals in general use) occur, as well as the placing of underground structures unconnected with the extraction of useful minerals in places of their occurrence, is permitted only with the agreement [conducted with the authorization] of the state mining supervision agencies. Moreover, construction and other measures ensuring the possibility of the recovery of useful minerals from the earth’s interior should be provided for and carried out.

Building on sites where useful minerals in general use occur, as well as the placing of underground structures unconnected with the extraction of useful minerals in places of their occurrence, is permitted according to the procedure established by Union-republic legislation.

Art. 35. The Protection of Sections of the Earth’s Interior That Have Special Scientific or Cultural Value [Preserves and Natural and Cultural Monuments During the Use of the Earth’s Interior-Art. 15 in the draft Principles]. -Rare geological outcrops, mineralogical formations, paleontological objects and other sections of the earth’s interior of special scientific or cultural value may, according to established procedure, be declared preserves or natural or cultural monuments. All activity violating the preservation of the indicated preserves and monuments is prohibited. [Users of the earth’s interior are obliged to ensure the preservation of geological, mineralogical, paleontological, archaeological and other preserves, as well as of natural and cultural monuments, from harmful effects of work connected with the use of the earth’s interior.]

If rare geological outcrops and mineralogical formations, meteorites, paleontological, archaeological or other objects of scientific or cultural interest are discovered during the use of the earth’s interior. the users of the earth’s interior are obliged to suspend work in that particular area and to inform the interested [specially authorized] state agencies.

[The procedure for the use of the earth’s interior within preserves and their protected zones, as well as within the protected zones of monuments, is regulated by U.S.S.R. and Union-republic legislation.]

Art. 36. The Participation of Public Organizations and Citizens in the Implementation of Measures for the Protection of the Earth’s Interior and Its Rational Utilization [Art. 12 in the draft Principles].-[State agencies are obliged to use in every possible way the assistance of] Trade unions, young people’s organizations, conservation societies, scientific societies and other public organizations as well as citizens, assist state agencies in the implementation of measures for the protection of the earth’s interior and its rational utilization.

Public organizations take part in activity aimed at ensuring the protection of the earth’s interior and its rational utilization, in accordance with their charters (statutes) and U.S.S.R. and Union-republic legislation.

State agencies are obliged to give every consideration to proposals by public organizations and citizens in the implementation of measures for the protection of the earth’s interior and its rational utilization.

VII. State Record-keeping of Reserves and Deposits of Useful Minerals and of Sections of the Earth’s Interior Assigned for Uses Unconnected with the Extraction of Useful Minerals

[parts of III in the draft Principles].

Art. 37. State Record-Keeping of Reserves and Deposits of Useful Minerals [part of Art. 24-State Record-Keeping of Deposits and Reserves of Useful Minerals and of Sections of the Earth’s Interior Assigned for Uses Unconnected With the Extraction of Useful Minerals-in the draft Principles).-Reserves and deposits of useful minerals, as well as shows of useful minerals [sections of the earth’s interior assigned for uses unconnected with the extraction of useful minerals], are subject to state record-keeping according to a system that is uniform throughout the U.S.S.R.

In order to ensure the planning of work on the geological study of the earth’s interior and the siting of mining industry enterprises [on U.S.S.R. territory] and the rational and comprehensive utilization of deposits [and reserves) of useful minerals, as well as to accomplish other national-economic tasks, a state cadastre of deposits of useful minerals is conducted and state balance sheets of reserves of useful minerals are drawn up.

Art. 38. The State Cadastre of Deposits of Useful Minerals [part of Art. 24 in the draft Principles].-The state cadastre of deposits of useful minerals should contain information on every deposit [and show of useful minerals] indicating the quantity and quality of reserves of primary useful minerals and secondary minerals occurring in the same deposit and of the components contained therein, and the mining-engineering, hydrogeological and other conditions for working the deposits and their geological-economic valuation, as well as information on every show of useful minerals.

Art. 39. State Balance Sheets of Reserves of Useful Minerals [part of Art. 24 in the draft Principles]. -The state balance sheets of reserves of useful minerals should contain information on the quantity and quality of reserves of useful minerals and the extent to which they have been studied, broken down by deposits of industrial significance, as well as information on their location, and the extent of industrial development, extraction, losses, and the availability to industry of proven reserves of useful minerals.

Art. 40. The Confirmation of Reserves of Useful Minerals [Art. 20 in the draft Principles]. -Reserves of useful minerals in proven deposits, as well as additional reserves of useful minerals proven during the process of the working of deposits, are subject to confirmation by specially authorized state agencies, according to the procedure established by U.S.S.R. legislation. (Proven reserves of useful minerals are subject to confirmation.]

In the process of the confirmation of reserves, the authenticity of the proven reserves of useful minerals and their quantity and quality must be established, and the conditions of their occurrence the degree to which a deposit has been studied, its national-economic significance and its readiness for industrial development must be determined.

[Reserves of useful minerals are confirmed by specially authorized state agencies, according to the procedure established by U.S.S.R. legislation. Reserves of useful minerals discovered and proven in the process of the working of deposits are subject to additional calculation and confirmation according to established procedure.]

Art. 41. Writing Off Balance-Sheet Reserves of Useful Minerals [Art. 22 in the draft Principles].-Extracted useful minerals, as well as reserves of useful minerals that have lost their industrial significance, were lost in the extraction process or were not confirmed during subsequent geological- prospecting operations or the working of deposits, are subject to writing off of the state balance sheet of useful minerals, according to the procedure established by U.S.S.R. legislation.

Balance-sheet reserves of useful minerals that have lost their industrial significance. were lost in the extraction process or have not been confirmed during subsequent geological-prospecting operations or the working of deposits are written off the records [balance sheets] of mining enterprises, with the agreement of state mining supervision agencies.

Art. 42. State Record-Keeping of Sections of the Earth’s Interior Assigned for Uses Unconnected With the Extraction of Useful Minerals. -Sections of the earth’s interior assigned for the construction and operation of underground structures and for other purposes unconnected with the extraction of useful minerals are subject to state record-keeping according to a system that is uniform throughout the U.S.S.R.

VIII. [State] Supervision and Control over the Utilization and Protection of the Earth’s Interior and [State Control over the Correct] Conduct of [Geological] Work on the Geological Study of the Earth’s Interior

[VII in the draft Principles].

Art. 43. The Tasks of State Supervision and Control Over the Utilization and Protection of the Earth’s Interior and the Conduct of Work on the Geological Study of the Earth’s Interior [parts of Art. 39-State Mining Supervision]-and Art. 40-State Geological Control in the draft Principles]. –State supervision and control over the utilization and protection of the earth’s interior (State mining supervision] has the task of ensuring the observance by all ministries, departments, [state, cooperative and public] enterprises, organizations, institutions and citizens of the established procedure for the use of the earth’s interior, the fulfillment of duties related to the protection of the earth’s interior, the safe conduct of work connected with the use of the earth’s interior and the prevention and elimination of its harmful effects on the population, the environment, buildings and other structures, and the observance of regulations governing the keeping of state records on reserves and deposits of useful minerals, as well as other regulations and norms established by [U.S.S.R. and Union-republic] legislation on the earth’s interior.

State [geological] control over the conduct of work on the geological study of the earth’s interior has the task of ensuring the observance of established procedures and effectiveness in the conduct of geological-surveying, exploratory, prospecting, hydrogeological, geological-engineering, geophysical, geochemical and other [geological] work on the geological study of the earth’s interior carried out by enterprises, organizations and institutions, regardless of their departmental subordination.

Art. 44. The Agencies Exercising State Supervision and Control Over the Utilization and Protection of the Earth’s Interior and the Conduct of Work, on the Geological Study of the Earth’s Interior [Art. 38 State Mining Supervision and State Geological Control-in the draft Principles]. -State supervision over the utilization and protection of the earth’s interior (state mining supervision) and state control over the [correct] conduct of [geological] work on the geological study of the earth’s interior (state geological control) are exercised by state agencies specially authorized to do so [in accordance with the procedure established by U.S.S.R. legislation].

The Soviets and their executive and administrative agencies exercise state control in the field [over the correctness] of the utilization and protection of the earth’s interior, in accordance with (the procedure established by] U.S.S.R. and Union-republic legislation.

Art. 45. The Exercise of State Supervision Over the Utilization and Protection of the Earth’s Interior [part of Art. 39-State Mining Supervision-in the draft Principles].-The state mining supervision agencies check on:

1) the correctness of the working of deposits of useful minerals and the fulfillment of requirements for protecting the earth’s interior;

2) the observance by mining enterprises of the established procedure for keeping records on reserves of useful minerals and the correctness and timeliness (if writing them off [the timeliness and correctness of the writing off of reserves of useful minerals from the balance sheets of mining enterprises];

3) the observance of regulations and norms on the safe conduct of work during the use of the earth’s interior;

4) the correctness and timeliness of the implementation of measures ensuring the safety of the population and the protection of the environment buildings and other structures and [for the protection of the earth’s surface, buildings, other structures and natural objects as well as] mine workings and wells that are in operation or are temporarily closed from the harmful effects of work connected with the use of the earth’s interior;

5) the observance of requirements on preventing the penetration into mine workings and seepage onto the earth’s surface and into bodies of water of petroleum, gas and other substances and materials during their storage underground, of effluents discharged into the earth’s interior, and of harmful substances and production wastes buried in the earth’s interior [in places where they have been buried];

6) the observance of regulations governing the implementation of geological and mine-surveying work during the working of deposits of useful minerals.

The state mining supervision agencies have the right:

  • to suspend work connected with the use of the earth’s interior, in instances of the violation of regulations and norms on the safe conduct of work [as well as of regulations] and on the protection of the earth’s interior;
  • to stop the unauthorized use of the earth’s interior and unauthorized building on sites where useful minerals occur;
  • to issue mandatory instructions on the elimination of violations of the regulations and norms on the safe conduct of work and [as well as of regulations] on the protection of the earth’s interior, at enterprises and in organizations and institutions that use the earth’s interior;
  • to investigate, in accordance with established procedure, the circumstances and causes of accidents and instances of on-the-job injuries during, the use of the earth’s interior, and to adopt, on the basis of investigation results, decisions that are binding a on the executives of the enterprises, organizations and institutions in question.

The state mining supervision agencies may also be assigned other functions with respect to supervision over the utilization and protection of the earth’s interior, and they may be granted other rights with respect to the prevention and curbing of violations of the regulations and norms on the safe conduct of work and [the regulations) on the protection of the earth’s interior.

Art. 46. The Exercise of State Control Over the Conduct of Work on the Geological Study of the Earth’s Interior [part of Art. 40-State Geological Control-in the draft Principles].-The state geological control agencies check on the direction, methods, comprehensive nature and quality of work on the geological study of the earth’s interior [the indicated geological work and have the right:].

The state geological control agencies have the right:

to issue mandatory instructions on the elimination of shortcomings and violations during the implementation of work on the geological study of the earth’s interior [conduct of geological work]; to suspend work on the geological study of the earth’s interior geological work) if it does not correspond to confirmed designs or is conducted without state registration, as well as in instances of the violation of regulations and norms defining procedures for the conduct of this work.

The state geological control agencies may also be granted other rights with respect to the prevention and curbing of violations of the regulations and norms governing the conduct of work on the geological study of the earth’s interior.

Art. 47. Departmental Control Over the Utilization [Use] and Protection of the Earth’s Interior (Art. 32 in the draft Principles]. Departmental control over the observance of the established procedure for the use of the earth’s interior, the conduct of work on the geological study of the earth’s interior, the fulfillment of requirements for the protection of the earth’s interior and for ensuring the complete [and comprehensive] recovery of primary useful minerals and secondary minerals occurring in the same deposit and the components contained therein, including during the concentration and processing of mineral raw materials [useful components from the mineral raw materials extracted during their concentration and processing] and of requirements [responsibility] for the safe conduct of work connected with the use of the earth’s interior, over the implementation of measures ensuring the safety of the population and the protection of the environment and of buildings and other structures [the prevention and elimination of this work’s harmful effects on the environment] and over the observance of regulations for keeping state records on reserves and deposits of useful minerals, as well as of other regulations and norms established by [U.S.S.R. and Union-republic) legislation on the earth’s interior, is exercised by [state and other] agencies in charge of enterprises, organizations and institutions that use the earth’s interior [and enterprises and organizations engaged in the concentration and processing of mineral raw materials].

Control over the correctness of the working of deposits of useful minerals is exercised by mine-surveying, geological and other services.

Model statutes on mine-surveying and geological services are confirmed by the U.S.S.R. Council of Ministers.

IX. The Settlement of Disputes on Questions of the Use of the Earth’s Interior

[Art. 43-The Settlement of Disputes Connected With the Use of the Earth’s Interior-in the draft Principles].

Art. 48. Procedure for the Settlement of Disputes. -Disputes between (state, cooperative and public] enterprises, organizations, institutions and citizens on questions of the use of the earth’s interior are settled by the appropriate district (city) Soviet executive committees, state mining supervision agencies, state geological control agencies and other authorized state agencies, in accordance with the procedure established by U.S.S.R. and Union-republic legislation.

X. Liability for the Violation of Legislation on the Earth’s Interior [and Procedures for Settling Disputes Connected with the Use of the Earth’s Interior

[VIII in the draft Principles].

Art. 49. Liability for the Violation of Legislation on the Earth’s Interior [Art. 41 in the draft Principles]. –Transactions that overtly or covertly violate the right of state ownership of the earth’s interior are null and void.

Persons guilty of committing such transactions as:

  • the unauthorized use of the earth’s interior;
  • violating regulations and requirements governing the conduct of [geological-prospecting] work on the geological study of the earth’s interior or of violations leading to the incorrect valuation of proven reserves of useful minerals or of conditions for the construction and operation of mining enterprises, as well as of underground structures unconnected with the extraction of useful minerals;
  • the selective working of rich sections of deposits, leading to unwarranted losses of balance-sheet reserves of useful minerals; above-norm losses and the above-norm depletion of useful minerals during extraction; damage to deposits of useful minerals, and other violations of requirements for the rational utilization of reserves of useful minerals;
  • unauthorized building on sites where useful minerals occur;
  • violating regulations and norms on the safe conduct of work connected with the use of the earth’s interior;
  • failure to fulfill regulations governing the protection of the earth’s interior, as well as of requirements on the protection of the environment, buildings and other structures from the harmful effects of work connected with the use of the earth’s interior;
  • destroying or damaging observation wells in underground water, as well as mine-surveying and geodetic markers;
  • losing mine-surveying or geological documentation, as well as duplicate specimens of useful minerals and bore samples that are necessary for the further geological study of the earth’s interior and the working of deposits [and doing so in violation of other regulations and norms connected with the use of the earth’s interior];
  • failure to fulfill requirements on bringing mine workings and wells that have been dismantled or temporarily closed into a condition ensuring the safety of the population, as well as requirements on the preservation of deposits, mine workings and wells during the period of temporary closing,
  • [entering into transactions that violate the right of state ownership of the earth’s interior; the irrational utilization of reserves of useful minerals; failure to fulfill regulations governing the protection of the earth’s interior during the discharge of effluents and the burial of harmful substances and production wastes, as well as during the underground storage of petroleum, gas and other substances and materials;]

incur criminal, administrative or other liability in accordance with U.S.S.R. and Union-republic legislation.

Liability for other violations of legislation on the earth’s interior may be established by U.S.S.R. and Union-republic legislation.

The unauthorized use of the earth’s interior and unauthorized building on sites where useful minerals occur may be terminated without compensation for outlays made.

Art. 50. Reimbursement for Losses [Art. 42 in the draft Principles].-Enterprises, organizations, institutions and citizens are obliged to make restitution for losses caused by the violation of legislation on the earth’s interior, in amounts and according to the procedure established by U.S.S.R. and Union-republic legislation. Officials and other personnel through whose fault enterprises, organizations and institutions have incurred expenditures connected with the reimbursement of losses are materially liable in accordance with established procedure.

XI. International Treaties and Agreements

[IX in the draft Principles].

Art. 51. International Treaties and Agreements [Art. 44 in the draft Principles].-If an international treaty or an international agreement to which the U.S.S.R. or a Union republic is a party establishes regulations other than those contained in U.S.S.R. or Union-republic legislation on the earth’s interior, the regulations of the international treaty or international agreement apply.

Source: Current Digest of the Soviet Press. Vol. XXVII, No. 29 (1977), pp. 11-17.

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