I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2020 No. 188

About approval of Rules of provision of the right of subsurface use to carrying out investigation or production of the popular minerals used for the purposes of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions

According to Item 3-1 of article 278 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of the right of subsurface use to carrying out investigation or production of the popular minerals used for the purposes of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions.

2. To provide to department of subsurface use of the Ministry of the industry and infrastructure 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) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication and is effective till January 1, 2026.

Approved by the Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 7, 2020 No. 188

Rules of provision of the right of subsurface use for carrying out exploration and production of the popular minerals used in case of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions

Chapter 1. General provisions

1. These rules of provision of the right of subsurface use to carrying out investigation or production of the popular minerals used in case of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions (further - Rules) are developed according to Item 3-1 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 and conditions of provision and the termination of the right of subsurface use for carrying out transactions on investigation or production of the popular minerals used only in case of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions.

2. The subsurface use right for carrying out transactions on investigation or production of the popular minerals used in case of construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also for reconstruction and repair of hydroconstructions and hydraulic engineering constructions is provided based on respectively permission to investigation of popular minerals (further - permission to investigation) or permissions to production of popular minerals (further - permission to production).

On permission to investigation and permission to production the subsurface use right on popular minerals for their use for the purpose of, not provided by these rules is not granted.

3. Permission to investigation and permission to production are the documents issued by the local actuator of area, the cities of republican value, the capital (further - the local actuator).

Permission to investigation and permission to production do not belong to the permissions regulated according to the legislation of the Republic of Kazakhstan on permissions and notifications.

4. Permission to investigation and permission to production are issued for use only of one subsoil plot.

At the same time project documents for carrying out exploration and production of popular minerals according to these rules can be constituted concerning one or several subsoil plots provided for these purposes separately or as a part of the design estimates of construction, repair or reconstruction of object.

5. Permission to investigation and permission to production are issued for the term which is not exceeding effective period of the relevant agreement (contract) for construction (reconstruction) and repair of highways public, the railroads which are in state-owned property and also the contract for reconstruction and repair of hydroconstructions and hydraulic engineering constructions for which realization the subsurface use right on the specified permissions is granted.

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