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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

According to part four of Item 25 of article 278 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" 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 investments and 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 of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and determine procedure for transition to the licensed mode of subsurface use by contracts for subsurface use on solid minerals, and also under the contracts for production of popular minerals signed before enforcement of this Code.

2. For the purposes of 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) the contract for subsurface use - the contract for production of popular minerals, the contract for investigation, production or the combined exploration and production of solid minerals, except for uranium, concluded before enforcement of the Code;

3) 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 solid minerals, production of solid minerals or production of popular minerals;

4) the commission on contracts for production of popular minerals - the commission on transition to the licensed mode of subsurface use by owners of the right of subsurface use on contracts for production of popular minerals created by local executive body of area, city of republican value or the capital;

5) competent authority - the central executive body representing the interests of the Republic of Kazakhstan and realizing state policy in the field of subsurface use on solid minerals;

6) the commission on contracts for subsurface use on solid minerals - 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 solid minerals, 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 solid minerals, the license for production of solid minerals or the license for production of popular minerals 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 solid minerals on the subsoil plots isolated among themselves is performed by issue of the corresponding license for subsurface use on each certain subsoil plot.

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