ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 15, 2017 No. 810

About questions of provision of the parcels of land under subsurface use

1. Approve Regulations on procedure for provision of the parcels of land under subsurface use according to appendix.

2. Declare invalid the Order of the Government of the Kyrgyz Republic "About approval of the Regulations on provision of the parcels of land under subsurface use" of April 12, 2006 No. 261.

3. This Resolution becomes effective after fifteen days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of December 15, 2017 No. 810

Regulations on procedure for provision of the parcels of land under subsurface use

1. Basic provisions

1. This Provision determines procedure for provision of the parcels of land for use of natural resources in the Kyrgyz Republic.

2. The parcels of land under subsurface use are provided for:

- geological studying of subsoil (carrying out geological and search, prospecting, regional geological and film-making, geological, geophysical and other work types);

- developments of minerals and construction of facilities of infrastructure when using natural resources.

3. The parcels of land under subsurface use are provided in temporary use for the term of mineral right.

4. The parcels of land under subsurface use are provided by authorized body according to territorial accessory:

1) the parcels of land which are under authority of local public administration are provided by state body of the executive authority (local public administration);

2) the parcels of land which are under authority of local government bodies including pastures, it is provided by executive body of local self-government;

3) the parcels of land of the state forest fund are provided by territorial state body of management of forestry.

5. The parcels of land which are in private property or in temporary use are provided by the owner of the parcel of land or the user of land entitlements under the contract with the subsoil user.

6. Borders and the sizes of the provided parcel of land are determined by the engineering design on working off of the field or the technological scheme of selection of underground waters which received positive examinations on ecological, industrial safety and protection of subsoil.

7. Right to use provision by the parcel of land under subsurface use is performed by authorized body according to territorial accessory of the parcel of land according to the procedure, determined by this Provision.

8. The parcels of land under subsurface use are provided to foreign persons in the same order, as for subsoil users of citizens of the Kyrgyz Republic.

2. Provision of the parcels of land in case of geological studying of subsoil

9. Geological studying of subsoil is performed without alienation of the parcel of land and without execution of right certifying documents.

10. Geological studying of subsoil is performed by the subsoil user on the basis:

- written consent of authorized body to provision of the parcel of land;

- written consent of the owner or person which is to users of the parcel of land which is in private property, certified notarially.

11. For receipt of written consent to provision of the parcel of land for geological studying of subsoil the subsoil user represents to authorized body:

1) statement;

2) the copy of the document on mineral right;

3) graphical materials with coordinates of angular points of mountain and land withdrawal of object of subsurface use;

4) calculation of compensation of losses of agricultural, forestry and landscape production and lost profit - in case of violation of integrity of lands;

5) the copy of the engineering design with positive expert opinions on industrial, ecological safety and protection of subsoil.

12. The authorized body within 30 calendar days from the date of filing of application considers the submitted documents and sends to the subsoil user the written consent to provision of the parcel of land for geological studying of subsoil. To the subsoil user it cannot be refused provision of written consent to provision of the parcel of land for geological studying of subsoil.

13. The consent of authorized body to provision of the parcel of land for geological studying of subsoil is drawn up in the form of the letter on the official form of authorized body.

14. Losses of agricultural, forestry and landscape production and lost profit are compensated by the subsoil user within 30 calendar days from the date of receipt of consent of authorized body to provision of the parcel of land for geological studying of subsoil.

15. The written consent to provision of the parcel of land for geological studying of subsoil is not the transaction on lease of the parcel of land and the payment for its provision is not levied from the subsoil user.

16. Lands concerning which the written consent to provision of the parcel of land for geological studying of subsoil was this can be used by the owner of the parcels of land for agricultural and other needs.

17. The right to geological studying of subsoil on the parcels of land stops automatically after the termination of mineral right.

18. Within 5 calendar days from the date of the termination of mineral right the authorized state body on subsurface use sends to authorized body the termination letter of mineral right.

3. Provision of the parcels of land for development of mineral deposits and construction of facilities of infrastructure when using natural resources

19. The parcels of land provided to the subsoil user for development of mineral deposits and construction of facilities of infrastructure when using natural resources, except for especially valuable agricultural holdings and especially protected natural territories are provided without transfer (transformation) in other category of lands.

20. In case of arrangement of the parcels of land necessary for development of mineral deposits and construction of facilities of infrastructure in case of use of natural resources in borders of especially valuable agricultural holdings and especially protected natural territories, their provision to the subsoil user is made after transfer (transformation) of lands according to the procedure, the determined land legislation of the Kyrgyz Republic.

21. The document certifying the right of urgent (temporary) use of the parcel of land for the purposes of development of mineral deposits and construction of facilities of infrastructure when using natural resources is the certificate on the right of urgent (temporary) use of the parcel of land.

22. The parcels of land for development of mineral deposits and construction of facilities of infrastructure when using natural resources are provided by authorized body.

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