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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 5, 2019 No. 43

About approval of the Regulations on state registration of the rights to production of sand-gravel mix and loams

According to part 6 of article 18 of the Law of the Kyrgyz Republic "About subsoil", 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 state registration of the rights to production of sand-gravel mix and loams according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of February 5, 2019 No. 43

Regulations on state registration of the rights to production of sand-gravel mix and loams

1. General provisions

1. This Provision determines procedure for state registration of the rights to production of sand-gravel mix and loams.

2. By the subsoil user sites of sand-gravel mix and the loams which are not relating to competitive and auction objects can be developed for the construction purposes.

3. Production of sand-gravel mix and loams is performed by the subsoil user based on the registration certificate of the rights to production of sand-gravel mix and loams (further - the Certificate) issued by local public administration in form according to appendix 1 to this Provision.

4. Issue of the Certificate by local public administration is made by the rule of "the first submitted application" (The certificate is granted to the applicant who submitted the application to the first).

5. The certificate grants the right to production of sand-gravel mix and loams on the allocated parcel of land on condition of fulfillment of requirements of this provision.

6. Production of sand-gravel mix and loams on condition of pit depth no more than two meters from natural relief of surface is performed without engineering design.

In cases of depth of pit more than two meters production of sand-gravel mix and loams is performed according to the engineering design which received positive expert opinions regarding industrial and ecological safety.

7. The certificate is granted only on one parcel of land for a period of three years, with the right of the subsequent prolongation for three years, and is the basis for receipt of the certificate on the right of urgent (temporary) use of the parcel of land according to the land legislation of the Kyrgyz Republic.

The size of the parcel of land for production of sand-gravel mix and loams is determined by coordinates of angular points in rectangular system of coordinates (System of coordinates of 1942 - CK-42) and:

- shall not exceed 0,1 of hectare, in case of production of sand-gravel mix and loams on condition of pit depth no more than two meters from natural relief of surface;

- in case of pit depth more than 2 meters it shall be determined by the engineering design which received positive expert opinions regarding industrial and ecological safety.

2. Features of issue of the Certificate and prolongation of term of its action

8. For receipt of the Certificate the applicant needs to file the following documents to local public administration:

- the statement, with indication of location and the size of the parcel of land, with coordinates of their angular points in rectangular system of coordinates (System of coordinates of 1942 - CK-42);

- the passport copy (for individual entrepreneurs);

- notarially certified copy of the certificate on state registration of the legal entity and (or) the individual entrepreneur;

- the work program approved by the applicant with indication of production amounts;

- the certificate of tax registration of the taxpayer and of absence of debt on taxes and fees in tax authority;

- the certificate of absence of debt on payment of insurance premiums in bodies of the national social insurance.

In case of finding of the parcel of land in beds or on coast of the rivers and other reservoirs, except for boundary, the applicant needs to provide in addition the consent of authorized state body on emergency situations and authorized state body on water resources.

In case of finding of the parcel of land within borderland the applicant needs to provide in addition the consent of authorized state body in the field of protection of frontier.

9. The local public administration creates the permanent district commission.

10. The district commission considers the application within 25 calendar days from the date of registration of a statement.

11. For the purpose of decision the district commission sends to authorized state body by subsurface use inquiry, including by means of fax, electronic or other connection, concerning the declared site, for availability:

- pro-licensed subsoil plots;

- sites on which consent is issued to authorized state body on emergency situations or authorized state body in the field of transport;

- sites for which applications for receipt of mineral right are submitted;

- the sites relating to competitive and auction objects.

12. The authorized state body on subsurface use within 10 calendar days represents to the district commission of the data, specified in Item 11 of this provision, including by means of fax, electronic or other connection.

13. In case of availability on the declared site of the license for mineral right on mineral deposits, the minerals relating to 1 group, the district commission in addition requests written consent of the acting licensee from the applicant.

14. Following the results of consideration of the arrived materials the district commission represents the decision on opportunity or impossibility of issue of the Certificate to local public administration.

15. The refusal in issue of the Certificate is performed in the following cases:

- if on the declared site the authorized state body on subsurface use grants licenses for mineral right, except for the licenses for mineral right for mineral deposits relating to 1 group of minerals;

- if on the declared site there is current license on mineral right on mineral deposits, the minerals relating to 1 group, and the consent of the acting licensee is not provided;

- if on the declared site the authorized state body on subsurface use issues consent to authorized state body on emergency situations or authorized state body in the field of transport;

- if applications for receipt of mineral rights were submitted for the declared site;

- if the declared site is in beds or on coast of the boundary rivers and other reservoirs, and also in the territory of nearby dams and hydraulic engineering constructions;

- if the declared site is in ore dumps and tailings dams;

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