of May 24, 2018 No. 386
About approval of the Instruction for scheduling of liquidation and the Method of calculation of rough cost of mitigation of consequences of transactions on production of solid minerals
According to item 4 of article 217 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:
1) the Instruction for scheduling of liquidation according to appendix 1 to this order;
2) the Method of calculation of rough cost of mitigation of consequences of transactions on production of solid minerals according to appendix 2 to this order.
2. To provide to department of subsurface use of the Ministry for Investments and Development 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 on paper and electronically 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;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan 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.
Minister of investments and development of the Republic of Kazakhstan
It is approved
Minister of Energy of the Republic of Kazakhstan
May 29, 2018
_______________ K. Bozumbayev
to the Order of the Minister of investments and development of the Republic of Kazakhstan of May 24, 2018 No. 386
1. This instruction for liquidation scheduling (further - the Instruction) is developed according to item 4 of article 217 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and determines procedure for scheduling of liquidation, the requirement to its content, registration and the actions connected with liquidation scheduling.
2. For the purposes of this Instruction the following basic concepts are used:
1) preservation of the site of production of solid minerals - complex of the events held in case of temporary cessation of work on mining on the subsoil plot for the purpose of possibility of reduction of factory buildings and other objects in the condition suitable for their operation in the future in case of renewal of transactions on mining and also reducings harmful effects of dangerous production factors and the prevention of emergency situations;
2) the liquidation purpose - resulting effect to which the liquidation process assuming accomplishment of all tasks of liquidation and return of object of subsurface use, and also the territories affected by subsurface use in condition as far as it is possible, the self-sufficient ecosystem compatible to the favorable environment is directed;
3) the principles of liquidation - the guidelines assuming physical stability, chemical stability, possibility of land use, lack of long-term maintenance and used in case of development of tasks of liquidation;
4) liquidation tasks - the specific decisions which are promoting development of criteria of liquidation, accurately describing results of the chosen actions. The principles of liquidation are the cornerstone of tasks of liquidation;
5) liquidation options - set of the offered alternative approaches to liquidation of each object of the subsoil plot estimated for determination of the chosen actions for liquidation in case of expertize of industrial safety and the state environmental assessment of the liquidation plan;
6) criteria of liquidation - indicators which measure how successfully chosen actions for liquidation reach liquidation objectives;
7) liquidation - complex of actions, including recultivation, the production facilities and the parcels of land which are carried out for the purpose of reduction in the condition ensuring safety of the environment, life and health of the population;
8) pollutants - any physical, chemical, biological or radiological substances in air, the soil or water which make negative impact, and also any chemicals with the concentration exceeding the established background levels or which are not formed in the environment naturally;
9) conclusion from operation - the process which is beginning before or during the termination of production of solid minerals, and coming to the end demontazhy and demolition of not used infrastructure;
10) participation of concerned parties - information and educational interaction of the subsoil user with concerned parties by means of open meetings, poll for accounting of opinions, consideration of claims and offers which the subsoil user shall perform to and during transactions on the subsoil plot, including works on mitigation of consequences of subsurface use.
11) nutrient medium - the substrate cultivating growth of vegetation;
12) sewage - the waters used on production or domestic needs and which received at the same time additional impurity (pollutants) which changed their initial structure or physical properties. The waters which are flowing down from the territory of the inhabited places and industrial enterprises at the time of loss of atmospheric precipitation, watering of streets or after that, the waters formed when mining are also considered as waste;
13) compact lixiviation - process of extraction of useful components of ore solid minerals in case of placement them on the platform (base) in heap and drawings by solution of acids or alkalis, with subsequent their allocation (sedimentation) from the circulating solutions;
14) the term of working off of the mine - the expected duration of mining, mining and processing productions and (or) chemical and metallurgical productions on the subsoil plot;
15) long-term active maintenance - complex of permanent organizational actions and technical works lasting more than twenty five years on maintenance in good repair and to monitoring of results of mitigation of consequences of subsurface use;
16) long-term passive maintenance - complex of periodic organizational actions and technical works lasting more than twenty five years on maintenance in good repair and to monitoring of results of mitigation of consequences of subsurface use;
17) mountain transactions - any works which are carried out when carrying out transactions on production of solid or popular minerals or use of space of subsoil in case of placement and (or) operation of subjects to placement of technogenic mineral formations of mining and (or) mining and processing productions;
18) final liquidation - mitigation of consequences of subsurface use without intention to begin or resume investigation, production of solid minerals or placement of technogenic mineral educations in the near future taking into account economic feasibility and technological capabilities;
19) stabilization of technology liquids - binding, department or other processing of pollutants in liquid, including without limitation, in meteogene waters which got to installations of compact lixiviation or tails for prevention of deterioration in condition of waters owing to pollution as a result of natural ecological processes which can happen on mines;
20) progressive liquidation - the events for mitigation of consequences of subsurface use held before the termination of use of the subsoil plot (part of the site).
21) recultivation - complex of the works directed to recovery of the broken lands for certain target use, including the adjacent parcels of land, which fully or partially lost the value as a result of negative impact of the broken lands and also on improvement of conditions of the environment;
22) researches on liquidation - the overview of literature, laboratory or trial researches, technical researches and other types of the researches directed to data acquisition for the solution of the questions connected with environmental risks, development of options of liquidation, to determination of actions for liquidation and criteria.
23) liquidation completion - the achievement of all criteria of liquidation provided in the liquidation plan, confirmed with the act of liquidation;
24) recovery of the environment - elimination, reducing or neutralization of pollutants, waste and other dangerous materials from object of subsurface use for the purpose of prevention or minimization of adverse environmental impact and ensuring industrial safety at the moment and in the future;
25) risk assessment - establishment of direct and potential danger for the environment and health of the person, determination of scales of danger and its possible effects, including the analysis of options of prevention and elimination of danger on object of the subsoil plot or in certain conditions, on the basis of factors of admissibility, public perception of risk, social and economic impact, benefit and engineering feasibility. The risk assessment is basic element of risk management;
26) the chosen actions for liquidation - the actions for liquidation chosen from liquidation options for each object of the subsoil plot;
27) it is stabilized - condition when pollutants in materials were connected, limited to prevent pollution of waters in the conditions characteristic of the mine;
28) concerned parties - the interested public, the state, the production organizations, the owner of the parcel of land who is not the subsoil user (in the presence), and the third parties whose interests are infringed or can be affected by decision making process concerning mitigation of consequences of subsurface use;
29) tails - waste of mining and processing process (mix of particles of dead and low-mineralized rock, liquids and (or) other mountain masses) in which content of useful component is lower, than in initial raw materials;
30) the tailings dam - the tailings dam, shlamokhranilishche, dikes or channels which contain the tails or mine waters connected with tails and suspension, surface paste and objects of dry storage. Tailings dams may contain mineral mixes, including tails, slimes, dead rocks, the processed household sewerage, and also collected surface water in different quantities and with different chemical indicators;
31) dead rocks - the rocks extracted from subsoil together with solid minerals and remaining later departments from the extracted solid minerals owing to absence in them useful components or their availability in small concentration.
3. The liquidation plan is intended for provision of reliable and exhaustive information about planning of actions for the mitigation of consequences of subsurface use considering technical, ecological and social factors for the purpose of protection of interests of concerned parties against dangerous effects which can be caused by the termination of mountain transactions.
4. The liquidation plan is constituted:
1) for the site of production of solid or popular minerals;
2) for the site of use of space of subsoil in case of placement and (or) operation of subjects to placement of technogenic mineral formations of mining and (or) mining and processing productions;
3) for the site of investigation in that its part within which according to article 194 of the Code the total volume of the taken mountain weight and (or) the moved soil exceeds one thousand cubic meters.
5. The unified plan of liquidation on two and more subsoil plots is developed if:
1) the subjects to placement of technogenic mineral formations of mining or mining and processing production located on separate (separate) the site (sites) according to the license (licenses) for use of space of subsoil are directly connected with operation of the mine (pit, the mine) which is on the site of production (sites of production) during transactions on production, production of solid or popular minerals;
2) operation of mines (pits, mines) located on adjacent sites of production according to the license (licenses) for production of solid or popular minerals is performed in single engineering procedure.
The subsoil user provides ensuring obligation fulfillment on liquidation separately on each subsoil plot according to article 55 of the Code.
6. The liquidation plan represents liquidation planning process description in case of which expansion of ultimate goal of liquidation in the hierarchical sequence of tasks of liquidation to the level of separate actions for liquidation, works, to determination of procedure for their execution and resulting effects, in view of complex nature is performed.
Complexity of planning of liquidation assumes complete scope of the scientific, organizational, production and other actions directed to goal achievement of liquidation and accomplishment of tasks of liquidation.
7. The basis of goal achievement of liquidation is made by the principles of liquidation by which it is necessary to be guided in case of liquidation plan development. By means of these principles accurate and measurable tasks of liquidation for all elements of future project of liquidation are determined.
8. For each task of liquidation at least two alternative options of their accomplishment providing liquidation goal achievement shall be considered.
9. Success of accomplishment of objectives of liquidation is established by compliance determined for these tasks to criteria of liquidation.
10. In case of liquidation plan development the subsoil user shall involve concerned parties. Concerned parties participate in determination of the purpose of liquidation, development and refining of tasks of liquidation, in the choice of actions for liquidation, determination of criteria and other aspects of planning of liquidation.
11. The schematic image of planning method of liquidation is given in Appendix 1 to this Instruction.
12. Planning of liquidation provides carrying out necessary researches. Researches on liquidation are performed according to the plan of researches provided in structure of the liquidation plan.
Researches on liquidation are performed for the purpose of the solution of uncertain questions concerning actions for liquidation or decrease them to acceptable level.
Results of researches on liquidation are represented to concerned parties for development of opinion on planning of liquidation to the direction of the liquidation plan for primary and next examination of industrial safety and the state environmental assessment.
Results of research on liquidation consider local features and are used in case of development of options of liquidation, to determination of tasks, actions and criteria of liquidation.
13. The main components of planning of mitigation of consequences of subsurface use on the site of production of solid minerals and the site of use of space of subsoil in case of placement and (or) operation of subjects to placement of technogenic mineral formations of mining and (or) mining and processing productions are:
1) liquidation purpose;
2) liquidation tasks;
3) liquidation options;
4) the chosen actions for liquidation;
5) criteria of liquidation.
14. The purpose of liquidation is return of object of subsurface use, and also the territories affected by subsurface use to condition as far as it is possible, the self-sufficient ecosystem compatible to the favorable environment.
The purpose of liquidation is recognized to the liquidation reached in case of accomplishment of all objectives.
The basis of the purpose of liquidation is made by the following principles:
1) the principle of physical stability characterizing any object of the subsoil plot which is subject to liquidation, remaining after its completion in physically steady condition providing that soil will not collapse or accumulate or to move from initial placement under the influence of the natural extreme phenomena or destructive forces. Liquidation is successful if all physical structures do not constitute danger to the person, fauna, water flora and fauna, or state of environment;
2) the principle of chemical stability characterizing any object of the subsoil plot which is subject to liquidation, remaining after its completion in chemically steady condition when the chemicals emitted from such components do not pose threat of life and to health to the population, wild animals and safety of the environment in the long term are not capable to worsen quality of water, soil and air;
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