On the lease of surface water bodies

The provision of surface water bodies for fish farming is carried out in accordance with the resolution of the Council of Ministers of the Republic of Belarus dated April 25, 2015, No. 333, as amended on December 5, 2025, No. 708

In the Orsha district, surface water bodies(ponds, flooded quarries)are provided for rent for fish farming in accordance with the republican list of ponds and flooded quarries suitable for fish farming(commercial aquaculture and (or) aquaculture for recreational purposes),approved by the Ministry of Agriculture and Food in coordination with the State Inspectorate for Animal and Plant Protection under the President of the Republic of Belarus, and this Regulationbased on the decisionaccepted by the local Council of Deputies.

REPUBLICAN LIST

ponds and flooded quarries suitable for fish farming approved by the Resolution of the Ministry of Agriculture and Food of the Republic of Belarus dated May 16, 2022 No. 48

On the procedure for granting surface water bodies (ponds and flooded quarries) for lease for aquaculture

A candidate for renting a surface water body for aquaculture can only belegal entity

Before the local Council of Deputies makes a decision on granting a surface water body for lease for aquaculture, it must be establishedabsence of restrictions for the provision of land plots,necessary for fish farming.

The conclusion of a lease agreement for a surface water body for aquaculture does not exclude the need to obtainpermits for special water usecomprehensive environmental permit in case where, according to the fish farming technology, the discharge of wastewater generated as a result of complete or partial emptying of the leased surface water body into surface waters is provided.

Land plots, necessary for the placement of buildings and structures intended for aquaculture purposes, are provided in accordance with the legislation on land protection and use.

Lease term of the land plottransferred for aquaculture purposes, may not exceed the lease term of the surface water body transferred for aquaculture.

To obtain a surface water body for lease for aquaculture, the applicant must submit the following documents to the local executive and administrative body:

1. application for the lease of a surface water body for fish farming;

2. copies of founding documents and the certificate of state registration of a legal entity;

3. map-scheme of the surface water body with marked boundaries and/or a copy of the location plan of the surface water body (manufactured by Belgiprozem);

4. detailed action plan for the use of surface water bodies for aquaculture (hereinafter referred to as the action plan), developedMain Department for Land Reclamation, Water and Fisheries Management "Belvodkhoz"NAS "Belarus"for a period of not less thanfiveyears.

The plan of events specifies:

 - name of the surface water body, its location;

- the surface area of the water of the surface water body and its geographical coordinates according to the data of the state water cadastre, the technical condition of hydraulic structures (if such structures exist);

- directions for the use of surface water bodies (commodity aquaculture and (or) fishing for recreational purposes)

- technological scheme for the maintenance and breeding, including cultivation, of fish in artificial conditions, including intensification and sanitary measures (feeding fish, mowing aquatic vegetation in case of excessive overgrowth of the surface water body, clearing the shoreline and coastal strip, installing fish barriers, cleaning up debris, and others);

- volume and species composition of fish planned for introduction into the surface water body, maintenance, breeding, including cultivation,when carrying out commercial aquaculture

- volume and species composition of the planned introduction into the surface water body, maintenance, breeding, including cultivation, of fishin the implementation of fish farming for recreational purposes

- favorable conditions for fishing using amateur fishing gear (the number of containers for waste collection and sanitary zones, bridges and gazebos, parking areas for vehicles, informational signs at entry roads, in places of use of surface water bodies for recreation, recreation areas, on the banks of surface water bodies, equipped rental places for fishing gear, places for tents and overnight stays, picnic areas) (hereinafter - favorable conditions

- technology of catching surface water bodies in commercial aquaculture and the list of fishing gear used.

In accordance with the trapping technology, the possibility of partial or complete water discharge may be provided, as well as the implementation of subsequent reclamation and/or sanitary-preventive measures.

Creating favorable conditions is carried out by the tenant with observance ofenvironmental standards and regulations(RESOLUTION OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF BELARUS)

The event plan may include other activities at the request of the applicant, provided they do not contradict the legislation.

Provision of a surface water body for lease for aquaculturein the presence of two or more candidatesis carried out based on the results of the auctions. The auctions are conducted by the local executive and administrative body in accordance with the "Regulation on the procedure for conducting auctions for the provision of surface water bodies for lease for fish farming, approved by the resolution of the Council of Ministers of the Republic of Belarus dated October 15, 2015 No. 861."

The Local Council of Deputies makes a decision on the provision of a surface water body for lease for aquaculture or a motivated decision to refuse the provision of a surface water body for lease for aquaculture at the nearest session after the relevant draft decision is submitted by the local executive and administrative body.

In the provision of a surface water body for lease for aquaculturemay be denied in cases where:

- the applicant did not provide a list of required documents;

- the presented documents contain inaccurate information;

 - since the termination of the lease agreement concluded with the applicant due to improper performance of contractual obligations, less than five years have passed;

 - the applicant has been held administratively liable for offenses against environmental safety, the environment, and the order of natural resource use and (or) criminally liable for crimes against environmental safety, the environment, and the order of natural resource use within the last five years;

- there is a justified disagreement of the land user on whose territory the surface water body is located;

- there is no possibility to lease the land plot necessary for fish farming;

 - the surface water body is included by the local executive and administrative body in the list of places for mass recreation of citizens, approved in the established manner;

- there are restrictions when leasing surface water bodies for aquaculture in cases where these bodies:

- included in the republican list of fishing grounds suitable for fishing management;

- provided for separate water use for household-drinking, hydroenergy needs, and defense needs;

 - located fully or partially in the territory of populated areas;

- located in the territory of rare and typical biotopes, habitats of animals and places of growth of plants belonging to species included in the Red Book of the Republic of Belarus or protected in accordance with international treaties of the Republic of Belarus;

- not included in the republican list of ponds and flooded quarries suitable for fish farming.

The refusal to grant a surface water body for lease for aquaculture can be appealed in the manner established by law.

The decision to lease a surface water body for aquaculture located within the territory of one district is made by the district Council of Deputies, while the decision for a surface water body located within the territory of two or more districts of the region is made by the regional Council of Deputies.

Based on the decision of the local Council of Deputies to lease a surface water body for aquaculture, the relevant local executive and administrative body shall conclude a lease agreement with the legal entity to whom the surface water body is leased for aquaculture within ten days from the date of such decision.

Copies of the relevant decision of the local Council of Deputies and the lease agreement are to be sent to the Ministry of Agriculture and Food within ten days.

The provision of a surface water body for lease for aquaculture is carried out in accordance with the acceptance-transfer act, signed by the relevant local executive and administrative body and the lessee. This act specifies:

 - name of the surface water body, its location;

 - directions for the use of surface water bodies;

- surface area of the water of the surface water body and its geographical coordinates;

- data on the visual inspection of surface water bodies (overgrowth of the water surface and coastal strip, condition of hydraulic structures (if any) and others).

-the local executive and administrative body shall indicate in the acceptance-transfer act the activities for the use of fish resources available in the surface water body on the date of the lease agreement, the volume of which is calculated based on the productivity of the surface water body( the productivity of the surface water body on the date of its transfer for lease (calculated for a pond – 12 kilograms of fish per 1 hectare, a flooded quarry – 18 kilograms of fish per 1 hectare))providing for the tenant's obligations to stock fish in full volume by the date of return of the surface water body or to compensate for the cost of fish resources in monetary equivalent to the local budget.

In the presence of a hydraulic structure on a surface water body, within a month after the conclusion of the lease agreement, the lessee is obliged to conclude a lease agreement for this structure with the legal entity to which the hydraulic structure belongs by right of ownership, economic management, operational management, or other legal grounds.

After signing the lease agreementfor recreational purposesthe tenant is obliged withinsix monthsfrom the day of signing the lease agreement, carry out activities to create favorable conditions as provided in the action plan,on land plotsprovided in accordance with the legislation on the protection and use of land.

The creation of the specified favorable conditions is confirmed by an act of creating favorable conditions, which is signed by the parties to the lease agreement. At the same time, the confirmation of the existence of such conditions is carried outonce every three years with the signing by the parties of the lease agreement act on creating favorable conditions.

Mode (order)the implementation of fish farming for recreational purposes (the time for citizens to catch fish, the price list for services provided, the amount of fish allowed to be caught, the cost of fish, permitted amateur fishing gear, and others) is determined by the tenant.

The tenant has the right to provide services for catching fish with amateur fishing gear after fulfilling obligations to create favorable conditions.Provision of services for catching fish with amateur fishing gear without the presence of a certificate of creating favorable conditions is prohibited.

Information about the regime (procedure) for fish farming inrecreational purposes must be publicly accessible.

The lease agreement is concluded for a period of from 5 to 25 years.The lease term for a surface water body for fish farming is determined by the decision of the local Council of Deputies and is established in the lease agreement.

For the lease of a surface water body for fish farming, a lease fee is charged, determined as the product of the area of the surface water body provided for lease and the rates set by local Councils of Deputies.

The rates for the lease of surface water bodies are determined by local Councils of Deputies based on the average rates of land tax established by the Tax Code of the Republic of Belarus, increased by at least two times.

Upon expiration of the lease agreement, the tenant who has duly fulfilled their obligations has a preferential right to conclude a lease agreement for a new term under otherwise equal conditions.

Tenantfor three months before the expiration of the lease agreement, must notify the local executive and administrative body in writing of the intention to conclude a lease agreement for a new term and submit the documents mentioned above.

Information about the conclusion, termination of lease agreements and their cessation is posted on the official websites of local executive and administrative bodies in the global computer network Internet.