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LEGAL ANALYSIS OF PERMITS AND LICENSING SYSTEM FOR
SPECIAL USE OF NATURAL RESOURCES
Allaberdiyev Sardor Shuxrat ogli
Student of the Master's Degree Program in Natural
Resources Law at Tashkent State University of Law
https://doi.org/10.5281/zenodo.15754523
Relevance of the Topic.
In the modern era, the issue of rational and fair
use of natural resources remains one of the most pressing global problems. In
developing countries, particularly in the Republic of Uzbekistan, improving the
legal mechanisms for the use of natural resources is closely linked to principles
of environmental safety, economic stability, and legal order. From this point of
view, legal analysis of the system of special use of natural resources based on
permits or licenses is of both scientific and practical importance.
The purpose of this thesis is to analyze the legal foundations of the permit
and licensing system applied in the special use of natural resources in the
Republic of Uzbekistan, to compare it with international practices, and to
identify current problems of the system and ways of its improvement.
In the Republic of Uzbekistan, the permit and licensing system for the
special use of natural resources, as a legal mechanism, is an integral part of the
state’s policy to ensure environmental safety, rational use of resources, and their
protection. Special use refers to the use of natural resources for a specific
purpose, within a limited amount or territory, and in accordance with the
procedure authorized by the state.
Permits and licenses for special use are documents issued by the state,
which allow the user to utilize the natural resource within the specified period,
volume, and conditions.
According to
Article 11 of the Law of the Republic of Uzbekistan "On
Subsoil,"
subsoil may be provided for use either for a fixed (temporary) period
or indefinitely. According to
Article 22
of the same Law, in order to ensure the
development of the mineral raw material base of the Republic of Uzbekistan,
long-term (for a period of more than five years), short-term (for a period from
two to five years), and annual state programs are implemented at the expense of
the republican budget of the Republic of Uzbekistan and attracted funds.
Furthermore,
in accordance with Article 23 of this Law, subsoil plots may be
provided for indefinite use for the construction and operation of underground
structures not related to the extraction of mineral resources, as well as for the
establishment of specially protected geological sites.
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It is well known that the difference between general and special use of
natural resources originates from the legal foundations of the right itself. While
in the case of general use of natural resources, the law alone is sufficient as a
basis for the emergence of the right, the realization of the right to special use of
natural resources requires a special permit or another official state document, or
a contract related to the use of natural resources. Therefore, the distinctiveness
of legal criteria for general and special use of natural resources lies primarily in
how these criteria are defined legally.
The legal criteria for rational use of natural resources under the framework
of general use are reflected in the legal obligations established by law for users
of natural resources. In the case of special use, the legal criteria for rational use
are not only specified in the legal obligations defined by law but are also
reflected in the permits (licenses) or other state documents granted for specific
types of natural resource use.
The uniqueness of the legal criteria for rational general use of natural
resources is characterized by the fact that the main obligation to ensure a
favorable natural environment is primarily determined by the rules of natural
resource use. For instance, the main rules for exercising the right to general use
of forests include compliance with fire safety and sanitary regulations.
The permit and licensing system legally manifests itself in two main forms:
the issuance of permits and the conduct of activities based on licenses. Permits
are usually applied in the use of land, water, forest resources, and local-level
ecological resources. Licenses, on the other hand, are used in more complex,
economically and environmentally high-risk activities such as the extraction of
mineral resources, and the industrial-scale use of underground water or oil and
gas resources.
Permits are mainly issued by local authorities or specially authorized
agencies, while licenses are granted only by central government bodies at the
republican level, including the Ministry of Geology and Mineral Resources, the
Ministry of Ecology and Climate Change, or the Ministry of Water Resources.
The process of obtaining a permit for special use consists of several stages.
First, the interested party (legal or physical entity) prepares the necessary
documents and submits an application to the designated authority. The
documentation includes information on the type of resource intended for use,
the location, duration, purpose, environmental impact assessment, technical and
economic justifications, and measures to mitigate negative effects on the
environment. Based on this, the authorized bodies conduct environmental
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expertise, technical audits, and geological or hydrological analyses. The outcome
of these expert assessments determines the feasibility, safety, and sustainability
of resource use. Only on the basis of a positive conclusion is a permit or license
issued.
The licensing process is more complex and may be carried out through
tenders, competitions, or direct applications. The subject applying for a license
must prove its economic and technical capabilities, environmental safety
measures, and financial stability. The license includes the following information:
the type and name of the resource, the area of use (based on coordinates), the
obligations of the user, the duration of the license, procedures for environmental
monitoring and reporting, tax and payment obligations, land reclamation
measures, monitoring systems, and other requirements. Licenses may be
temporary (for example, from 1 to 5 years) or long-term (from 10 to 25 years).
The main principles in the issuance of permits and licenses are
transparency, openness, environmental safety, sustainability, and fairness. The
state strives to prevent corruption, restrict irrational use of resources, and
maintain ecological balance during this process. Therefore, in recent years,
systems have been introduced to obtain permits electronically, allowing online
applications through the
“Unified Portal of Interactive State Services.”
This
system serves to reduce the time required to obtain permits, simplify document
flow, and minimize unnecessary bureaucracy.
Permits and licenses may be revoked or annulled when their validity period
expires or when their conditions are violated. If it is found that the holder of the
permit or license has not commenced activity, has failed to meet the terms of
use, has caused environmental damage, or has not complied with monitoring
requirements, the authorized div may issue a warning, impose a fine, suspend
the activity, or revoke the document. In particular, criminal and administrative
liability is established in cases of environmental violations or illegal extraction of
resources.
From a legal standpoint,
effective implementation of permits and licenses
requires appropriate control mechanisms. The State Environmental Inspection,
the Water Inspection, the State Committee for Geology, and other competent
authorities monitor the activities of operating entities through scheduled or
unscheduled inspections. In addition, within the framework of the monitoring
system, annual reports are required regarding the volume of resources used,
environmental impact, the amount of waste generated, reclamation measures,
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and other factors. Based on these reports, the activities of the permit holder are
assessed.
A permit granting the right to use a subsoil plot for the extraction of mineral
resources is issued by the State Commission only for mineral deposits with
confirmed reserves. A permit granting the right to use a subsoil plot for the
extraction of mineral resources may be issued for a specific section of a deposit
if putting the deposit into operation would result in negative technical and
economic indicators and would not hinder the development of other parts of the
deposit. Permits granting the right to use subsoil plots may be issued for the
simultaneous development of a single deposit by multiple subsoil users. If,
according to the completed technical and economic calculations, joint
development of deposits by a single subsoil user is considered economically
viable, several permits granting the right to use subsoil plots may be issued
simultaneously to one subsoil user for the development of closely located
deposits.
The holder of a permit granting the right to use a subsoil plot has the right
to conduct geological studies related to the extraction of mineral resources
within the framework of the mine allotment act issued to them, without needing
an additional permit, provided that these studies are registered with the State
Subsoil Use Center.
In accordance with the permit granting the right to use a subsoil plot for the
extraction of mineral resources, the ownership rights to technogenic mineral
formations obtained during the extraction and processing of mineral raw
materials remain with the permit holder for the duration of the subsoil use. In
this case, no separate permit is required for the use (processing) of such
technogenic mineral formations.
Except for permits issued for the collection of precious stone raw material
samples, paleontological remains, and other geologically collectible materials,
permits granting the right to use subsoil plots are issued only to legal entities.
A permit granting the right to use a subsoil plot for the construction and
operation of underground structures is issued only when there are positive
conclusions from the State Environmental Expertise and the State Commission
on the geological data related to the subsoil plot intended for use.
The use of special permits in subsoil exploitation has led to the
specialization-based regulation of the tax system. For example, the tax rates
have been established as follows: for “
Navoi Mining and Metallurgical
Combinat” JSC
and “
Almalyk Mining and Metallurgical Combinat” JSC
– 10%
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for gold, and 15% for palladium, silver, and copper; for
“Navoiyuran” JSC
– 16%
for uranium; for “Uzbekneftegaz” JSC – 15% for oil, natural gas, and gas
condensate.
Permits granted for the extraction of mineral resources may be issued for
specified terms and procedures based on the following conditions: the deadline
for the preparation and submission of technical and economic justifications for
mineral extraction to the Subsoil Use Center; the deadline for submitting to the
Subsoil Use Center the positive conclusion of the state environmental expertise
issued by the Ministry of Ecology for the project application concerning
environmental impact; the minimum annual expenditure commitments for
mineral extraction, including the preparation of technical projects and
development plans for extraction operations, the procedure and deadlines for
the design and development of deposits; payment terms for the use of subsoil;
conditions for the storage and processing of technogenic mineral formations;
obligations related to the use of associated gas, including hydrocarbon
extraction; the maximum allowable volume of industrial use of underground
water; conditions under which the permit holder may transfer the subsoil use
rights (in whole or in part) to another person; compliance with legislative
requirements in the circulation of hydrocarbons, explosive and chemical
substances, precious metals, and gemstones; and other conditions.
In conclusion
, the system of permits and licensing for the special use of
natural resources in the Republic of Uzbekistan is a legal mechanism that
harmonizes environmental and economic interests. This system is based on the
principles of conservation of resources, rational use, and the prevention of
environmental damage. The process of obtaining permits and licenses is carried
out in accordance with the established legal procedures, ensuring ecological
safety and in a transparent and open manner. Their effective implementation
contributes to environmental sustainability, economic development, and the
maintenance of legal order.
List of references:
1.
The Constitution of the Republic of Uzbekistan. – Tashkent: “Uzbekistan”
National Encyclopedia Publishing House, 2023. – 46 pages;
2.
Law of the Republic of Uzbekistan “On Subsoil,” No. O‘RQ-987 dated
October 31, 2024. (National Database of Legislative Information, November 1,
2024, No. 03/24/987/0873);
3.
http://www.lex.uz;
4.
https://libguides.ials.sas.ac.uk/privateinternationallaw
