Order No. 1 of the State Committee of Land Resources validating the Regulation on the modalities of issue and cancellation of special permits for removal and transfer of the fertile soil layer of the plots of land.

Subject

Land & soil, Mineral resources

Keyword

Soil conservation/soil improvement Ownership Expropriation Environmental standards Authorization/permit Offences/penalties Legal proceedings/administrative proceedings Standards Protection of environment Mining Exploration

Geographical area

Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia

Abstract

The present Regulation establishes the modalities of issue and cancellation of special permits for removal and transfer of the fertile soil layer of the plots of land. The provisions of the Regulation establish the modalities of application for obtaining special permit for removal and transfer of the fertile soil layer of the plots of land that are compulsory for land users whose activity is related to the disturbance of the upper (fertile) soil layer. Owners of the plots of land and land users that carry out mining, prospecting, exploration and other activities related to the removal and transfer of the fertile soil layer must obtain special permit. Special permits shall not be required for removal of fertile soil layer within the boundaries of a single plot of land allotted for agricultural production, gardening and individual farming for personal consumption. In order to obtain special permit land users shall submit written application to the territorial body of the State Land Inspection accompanied by land ownership certificate, passport of the citizen, land survey plan and copy of the authorization to carry it out, agro-chemical certificate of the plot of land, copy of contract for carrying out removal and transfer of fertile soil layer and copy of payment of special permit fee. Special permits can be cancelled in case of expropriation of the plot of land, non-observance of the environmental standards as regards re-cultivation of land and of soil conservation requirements. If after the imposition of an administrative penalty the applicant refuses to stop the violation of land legislation and eliminate its consequences, the inspection body of the State Land Committee re-imposes an administrative penalty on him under Article 188-5 of the Code of Ukraine on Administrative Offenses.

Full text

Ukrainian

References - Legislation

Implements

Law No. 1877-IV on land protection.

Legislation | Ukraine | 2003

Keyword: Land reform, Land tenure, Soil conservation/soil improvement, Soil pollution/quality

Source: FAO, FAOLEX

Law No. 963-IV on state control over land tenure and protection of land.

Legislation | Ukraine | 2003 (2015)

Keyword: Land reform, Land tenure, Public land, Soil conservation/soil improvement, Inspection, Monitoring, Agricultural land, Enforcement/compliance, Offences/penalties, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Land Code (No. 2768-III of 2001).

Legislation | Ukraine | 2001 (2020)

Keyword: Basic legislation, Land reform, Land tenure, Ownership, Soil conservation/soil improvement, Servitude, Agricultural land, Expropriation, Cadastre/land registration, Classification/declassification, Contract/agreement, Royalties/fees, Monitoring

Source: FAO, FAOLEX