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

of May 24, 2018 No. 379

About approval of Rules of transition to the licensed mode of subsurface use and Rules of work of the commission on transition to the licensed mode of subsurface use

(as amended on 14-06-2023)

According to part four of Item 25 of article 278 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve enclosed:

1) Rules of transition to the licensed mode of subsurface use according to appendix 1 to this order;

2) Rules of work of the commission on transition to the licensed mode of subsurface use 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 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.

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

It is approved

Minister of Finance of the Republic of Kazakhstan

May 28, 2018

 

___________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

May 30, 2018

 

___________ T. Suleymenov

It is approved

Minister of Energy of the Republic of Kazakhstan

May 25, 2018

 

___________ K. Bozumbayev

 

Appendix 1 

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 24, 2018 No. 379

Rules of transition to the licensed mode of subsurface use

Chapter 1. General provisions

1. These rules of transition to the licensed mode of subsurface use (further – Rules) are developed according to part four of Item 25 of article 278 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further – the Code) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for rendering the state service "Licensing within Transition to the Licensed Mode of Subsurface Use" (further – the state service).

Features of tax accounting in case of renewal of the right of subsurface use according to this Item are established by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)".

2. In these rules the following basic concepts are used:

1) local executive body - local executive body of area, city of republican value or the capital;

2) authorized body on studying of subsoil – the central executive body realizing state policy in the field of geological studying of subsoil and use of space of subsoil;

3) the contract for subsurface use – the contract for investigation, production, the combined exploration and production of solid minerals (further – TPI), except for uranium, the contract for production of popular minerals (further – OPI), concluded before enforcement of the Code;

4) the licensed mode of subsurface use – the legal regime of use of natural resources set by the Code on the basis of the granted license on subsurface use for carrying out transactions on investigation of TPI, production of TPI or production of OPI;

5) the commission on contracts for subsurface use on OPI – the commission on transition to the licensed mode of subsurface use by owners of the right of subsurface use on contracts for production of OPI of minerals created by local executive body;

6) the commission on contracts for subsurface use on TPI – the commission on transition to the licensed mode of subsurface use by owners of the right of subsurface use on contracts for investigation, production and on the combined exploration and production of TPI, except for uranium, created by competent authority.

3. Transition to the licensed mode of subsurface use (renewal of the right of subsurface use) is performed by licensing for investigation of TPI, the license for production of TPI or the license for production of OPI to owners of the right of subsurface use instead of the relevant contracts for subsurface use based on the decision of the relevant commissions.

Renewal of the right of subsurface use under the contract for subsurface use providing carrying out transactions on investigation and (or) production of TPI on the subsoil plots isolated among themselves is performed by issue of the corresponding license for subsurface use on each certain subsoil plot.

4. In case of renewal of the right of subsurface use the license is granted for the term which is not exceeding the term of the contract for subsurface use instead of which the license is granted.

In case of renewal of the right of subsurface use under the contract for subsurface use providing two and more isolated subsoil plots licenses are granted for the term which is not exceeding the subsurface use period on the respective subsoil plot.

5. Renewal of the right of subsurface use according to these rules attracts the termination of the contract for subsurface use from the date of issue corresponding (corresponding) the license (licenses) for subsurface use.

The agreement on contract cancelation on subsurface use is signed in day of licensing (licenses) for subsurface use.

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