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

of May 23, 2018 No. 367

About approval of Rules of issue of permission to building of the territories of bedding of minerals

According to Item 3 of article 27 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of permission to building of the territories of bedding of minerals.

2. Declare invalid the order of the Minister of investments and development of the Republic of Kazakhstan of February 27, 2015 No. 208 "About approval of Rules of issue of permission to building of the areas of bedding of minerals" (it is registered in the Register of state registration of regulatory legal acts for No. 10724, it is published on April 23, 2015 in information system of law of Ad_let).

3. To provide to committee of geology and 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 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.

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

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

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 23, 2018 No. 367

Rules of issue of permission to building of the territories of bedding of minerals

Chapter 1. General provisions

1. Rules of issue of permission to building of the territories of bedding of minerals (further - Rules) are developed according to Item 3 of article 27 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" and determine procedure for issue of permissions to building of the territories of bedding of minerals.

2. The local executive body of area, city of republican value, the capital (further - the service provider) considers the provided proving materials regarding economic feasibility of building, and the territorial subdivision of authorized body on studying of subsoil (further - territorial subdivision) considers the provided proving materials regarding possibility of extraction of mineral.

Chapter 2. Approval procedure on building of the territories of bedding of minerals

3. Designing and construction of settlements, industrial complexes and (or) other economic objects are allowed only after receipt of the positive conclusion of the service provider in coordination with territorial subdivision about absence or insignificance of minerals in subsoil under the site of the forthcoming building.

4. Building of the territories of bedding of minerals is allowed with the permission of the service provider in coordination with territorial subdivision on condition of possibility of extraction of minerals or validity of economic feasibility of building.

5. For receipt of permission to building of the territories of bedding of minerals the physical person or legal entity (further - uslugopoluchatel) sends to the service provider the request for rendering the state service "Issue of the Conclusion about Absence or Insignificance of Minerals in Subsoil under the Site of the Forthcoming Building" in form according to appendix 1 to these rules through the web portal of "the electronic government" www.egov.kz (further - the portal) certified by the digital signature of uslugopoluchatel.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service "Issue of the Conclusion about Absence or Insignificance of Minerals in Subsoil under the Site of the Forthcoming Building" are stated in the standard of the state service in form according to appendix 5 to these rules.

Data on identity documents of physical persons, on state registration (re-registration) of the legal entity, the service provider receives from the corresponding state information systems through lock of "the electronic government".

In case of the direction uslugopoluchately requests through the portal in "personal account" the status about acceptance of request for rendering the state service with indication of date and time of receipt of result is automatically displayed.

Information on stage of rendering the state service is updated in the automatic mode in information system of monitoring of rendering the state services.

6. The service provider in time no later than 2 (two) working days sends the request in electronic form for review to the relevant territorial subdivision.

7. The territorial subdivision from the moment of registration of the request in time no later than 5 (five) working days considers and approves the request about availability or lack (insignificance) of minerals under the territory of the forthcoming building.

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