The use of sediments (sand, sand-gravel, clay) accumulated in reservoirs or water bodies, as well as rocks extracted from the subsoil in connection with the construction of tunnels or passages, will be included among the types of subsoil use.
According to Modern.az, the issue is reflected in the draft law on amendments to the Law “On Subsoil” discussed at today's plenary session of the Milli Majlis.
Within the framework of increasing water resources in our country and improving the supply of quality drinking water and irrigation water to the population, the cleaning of existing reservoirs and water bodies is envisaged, which will result in the extraction and involvement in economic circulation of millions of cubic meters of sand, sand-gravel, and clay-containing materials accumulated in these water bodies. Also, within the framework of improving road infrastructure in the country, the construction of road tunnels results in the extraction of rocks from the subsoil. The creation of a legal basis for the use of the aforementioned sediments and rocks serves the purpose of legalizing their use, ensuring accountability, and providing a competitive environment, thereby establishing the legal basis for the approval of a number of rules in the field of subsoil use:
the procedure for granting subsoil use through direct negotiations;
rules on measures for the rehabilitation of activities of subsoil users engaged in the exploitation of non-ore mineral deposits.
It should be noted that subsoil use is granted on the basis of a permit, in accordance with the procedure established by this Law and the Law of the Republic of Azerbaijan “On Licenses and Permits”, through auction (auction or tender) and direct negotiations. At the same time, a list of cases for granting subsoil use (excluding deposits and occurrences of precious and non-ferrous metals, and precious stones) through direct negotiations has also been approved by a decision of the Cabinet of Ministers of the Republic of Azerbaijan.
The proposed amendment, however, envisages the approval of the procedure for granting subsoil use through direct negotiations.
One of the types of subsoil use is the granting of the right to use production waste related to mining operations. According to the proposed amendment, this right will be granted in accordance with the relevant procedure.
It is the protection, restoration, and enhancement of soil fertility and other beneficial properties in the area where works are carried out, including the improvement of the environmental situation, and for this, subsoil users must draw up a reclamation plan for these lands (restoration of land areas damaged or rendered unusable as a result of human activity) and ensure reclamation based on that plan.
It should be noted that a significant part of mineral deposits across the country are located on agricultural lands. The exploitation of these deposits is necessary for the development of the non-oil sector and industry, and for reducing raw material dependence. However, currently, there are no systematic rules regarding reclamation works by subsoil users for the purpose of protecting, restoring, and increasing soil fertility and other beneficial properties, as well as improving the environmental situation. Within this framework, requirements such as the preparation of reclamation plans, their submission for state environmental expertise, the protection and restoration of the fertile soil layer, and the consideration of hydrogeological and engineering-geological conditions will be defined, and the return of lands to their previous or alternative beneficial state will be ensured.
The amendments will serve to improve legal regulation in the field of subsoil use, increase the efficiency of natural resource utilization, ensure environmental safety, protect ecological balance, involve waste generated from mining activities in circulation, and systematically implement reclamation measures for subsoil areas involved in exploitation.
The issue was adopted in the first reading.
