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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 29, 2018 No. 561

About questions of licensing of mineral right

For the purpose of reduction of regulatory legal acts in the field of subsurface use in compliance with the Law of the Kyrgyz Republic "About subsoil", enhancement of system of regulation of subsurface use, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure for licensing of subsurface use according to appendix 1;

- Regulations on procedure and conditions of carrying out tender on mineral right according to appendix 2;

- Regulations on procedure and conditions of holding the auction on mineral right according to appendix 3;

- Classification of fields and their manifestations by inventories of minerals according to appendix 4.

2. Recognize invalid:

- Item 3 of the Order of the Government of the Kyrgyz Republic "About situation in mining industry and perspectives of development" of June 13, 2013 No. 350;

- The order of the Government of the Kyrgyz Republic "About modification and amendments in the Order of the Government of the Kyrgyz Republic "About approval of regulatory legal acts in the field of subsurface use" of December 14, 2012 No. 834" of December 5, 2013 No. 659;

- The order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of August 4, 2014 No. 436;

- The order of the Government of the Kyrgyz Republic "About modification of the Order of the Government of the Kyrgyz Republic "About approval of regulatory legal acts in the field of subsurface use" of December 14, 2012 No. 834" of April 23, 2015 No. 238;

- Item 3 of the Order of the Government of the Kyrgyz Republic "About approval of the Regulations on the special account of the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of January 29, 2016 No. 40;

- The order of the Government of the Kyrgyz Republic "About modification of the Order of the Government of the Kyrgyz Republic "About approval of regulatory legal acts in the field of subsurface use" of December 14, 2012 No. 834" of October 2, 2017 No. 638;

- The order of the Government of the Kyrgyz Republic "About modification of the Order of the Government of the Kyrgyz Republic "About approval of regulatory legal acts in the field of subsurface use" of December 14, 2012 No. 834" of March 12, 2018 No. 127.

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

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of November 29, 2018 No. 561

Regulations on procedure for licensing of subsurface use

1. General provisions

1. This Provision regulates questions of the organization of system of licensing, including licensing for mineral right, suspensions and the terminations of mineral rights, modification of licenses and license agreements, and also transformations and renewals of licenses.

2. The mineral right in cases when such use of natural resources is performed in beds or on coast of the boundary rivers and other reservoirs is not issued.

The mineral right, on sites, border with Frontier of the Kyrgyz Republic, and in borderland is performed based on permission of authorized state body in the field of protection of frontier.

3. All types of use of natural resources by all types of mineral raw materials, including fresh, mineral and thermal underground waters, except for are subject to licensing:

- works based on state registration;

- provisions of mineral rights according to the concession treaty and the production sharing agreement;

- the cases established by part 4 of article 35 of the Law of the Kyrgyz Republic "About subsoil".

4. The license is provided by results of tender, auction and consideration of requests by the rule of "the first submitted application".

5. The procedure for carrying out tenders and auctions for provision of mineral rights is determined by the separate provisions approved by the Government of the Kyrgyz Republic.

6. Provision of mineral right by the rule of "the first submitted application" for the purpose of geological search, geological exploration and development is made:

- on subsoil plots, except for the subsoil plots provided by carrying out tender or auction;

- on subsoil plots, the subsoil which is not connected with geological studying and development of mineral deposits.

7. The license for carrying out geological and search works grants exclusive right on carrying out geological and search works on the declared types of minerals within the licensed area.

The licensee after delivery of the final report about the carried-out geological and search works has exclusive right to transformation of the license for mineral right for carrying out geological and search works in the license for mineral right for conducting exploration works on object of subsurface use.

8. The license for conducting exploration works grants exclusive right on conducting exploration works on the declared types of minerals within the licensed area.

9. After stock accounting of minerals in the State stock balance of minerals of the Kyrgyz Republic, based on the protocol of the State Commission on Mineral Reserves of the Kyrgyz Republic the licensee has exclusive right to transformation of the license for mineral right for exploration works in the license for mineral right for mining of minerals.

10. The license for mineral right for the purpose of development of mineral deposits is granted on licensed objects which inventories are considered by the State Commission on Mineral Reserves of the Kyrgyz Republic, and also the former competent departments of the USSR (The State Commission on Mineral Reserves of the USSR, the Territorial commission on inventories of minerals of the Kyrgyz SSR and the Central commission on inventories of minerals of the Ministry of geology of the USSR).

Licensing of underground waters is performed on condition of their registration and statement for the State accounting of underground waters of the Kyrgyz Republic, the made state company "Kyrgyz Complex Hydrogeological Expedition" under the State committee of the industry, power and subsurface use of the Kyrgyz Republic.

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