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

of May 23, 2018 No. 365

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

(as amended on 20-08-2021)

According to Item 6 of article 188 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 investigation 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 of the Republic of Kazakhstan:

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. 365

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

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals (further - Rules) are developed according to Item 6 of article 188 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 investigation of solid minerals.

2. The license for investigation 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 investigation 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 according to 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. The territory specified in the statement for licensing for investigation of solid minerals cannot be more than two hundred blocks.

5. Licensing for investigation of solid minerals is not allowed:

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

2) concerning the block which is completely located within the territory of the subsoil plot which is in use at other person for carrying out transactions on the hydrocarbon production including 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 its consent;

3) concerning the block which is completely located within the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil including 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;

4) concerning the block fully or partially relating to the territory of the site of investigation of solid minerals according to other license for investigation of solid minerals including the contract area determined by geological branch to the contract for subsurface use by solid minerals or popular minerals and also the territory concerning which the protocol on the conclusion of the contract for investigation of solid minerals or popular minerals by results of direct negotiations or following the results of tender affects provision of the right of subsurface use, taken place before enforcement of the Code;

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