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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 23, 2018 No. 366

About approval of Rules of giving and consideration of the applications on issue of licenses for production of solid minerals

(as amended on 15-07-2021)

According to Item 8 of article 205 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of giving and consideration of the applications on issue of licenses for production of solid minerals.

2. To provide to department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2) and 3) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since June 29, 2018 and is subject to official publication.

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 23, 2018 No. 366

Rules of giving and consideration of the applications on issue of licenses for production of solid minerals

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for production of solid minerals (further - Rules) are developed according to Item 8 of article 205 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and determine procedure for giving and consideration of the applications on issue of licenses for production of solid minerals.

2. The license for production of solid minerals is granted on the territories determined by the management program the state fund of subsoil. The management program the state fund of subsoil affirms competent authority according to the subitem 1) of part two of article 60 of the Code.

3. The license for production of solid minerals based on the application submitted for the subsoil plot located within the territory which is not specified in the subitem 2) of Item 3 of article 70 of the Code can be received during:

five years from the date of enforcement of the Code the subjects of industrial and innovative activities realizing the industrial and innovative projects included in the card of industrialization or the card of support of entrepreneurship of the region in compliance the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, activities (engineering procedure) of which it is connected it (is connected) with subsurface use;

two years from the date of enforcement of the Code the national companies in the field of subsurface use, taking into account differentiation of activities of the national companies in the field of the subsurface use approved by the Resolution the Government of the Republic of Kazakhstan of April 3, 2015 "About approval of differentiation of activities of the national companies in the field of subsurface use" except for the territories in which carrying out transactions on subsurface use is not allowed according to article 25 of the Code.

4. Licensing for production of solid minerals is not allowed:

1) in cases, stipulated in Item 2 articles 25 of the Code;

2) in the territory of the subsoil plot which is in use at other person for carrying out transactions on hydrocarbon production, and equally determined by mountain branch to the contract for subsurface use by hydrocarbons or the existing protocol on the conclusion of the contract for hydrocarbon production signed by results of the direct negotiations or following the results of tender on provision of the right of subsurface use which took place before enforcement of the Code without the consent of such person;

3) in the territory of the subsoil plot provided for carrying out transactions on investigation and (or) production of solid minerals, and it is equal in the contract area determined by geological and (or) mountain branch to the contract for subsurface use by solid minerals or popular minerals or the territory concerning which the protocol on the conclusion of the contract for investigation and (or) production of solid minerals or popular minerals by results of the direct negotiations or following the results of tender affects provision of the right of subsurface use which took place before enforcement of the Code;

4) in the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil, and it is equal in the contract area determined by mountain branch to the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production and also the territories concerning which is effective the protocol on the conclusion of the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production by results of direct negotiations or following the results of tender on provision of the right of subsurface use, taken place before enforcement of the Code;

5) in the territory of the subsoil plot on which mitigation of consequences of investigation or production of solid minerals is carried out;

6) in the territory of the subsoil plot containing the field of uranium or the rare-earth and uranium field.

Chapter 2. Procedure for filing of application on licensing for production of solid minerals

5. Person interested in receipt of the license for production of solid minerals submits to competent authority the application in paper form in the form established according to Item 1 of article 204 of the Code.

6. The statement shall contain the following data:

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