ORDER OF THE MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of May 22, 2024 No. 182

About the approval of rules of hearing of the subsoil user, the competent persons which prepared and which checked the valuation report of resources and (or) inventories of solid minerals

According to the subitem 4) of Item 9 of article 72 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use", I ORDER:

1. Approve the enclosed Rules of hearing of the subsoil user, the competent persons which prepared and which checked the valuation report of resources and (or) inventories of solid minerals according to appendix to this order.

2. To provide to committee of geology of the Industry ministry and construction 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 Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Industry and construction of the Republic of Kazakhstan of May 22, 2024 No. 182

Rules of hearing of the subsoil user, the competent persons which prepared and which checked the valuation report of resources and (or) inventories of solid minerals

Chapter 1. General provisions

1. These rules of hearing of the subsoil users, the competent persons which prepared and who checked the valuation report of resources and (or) inventories of solid minerals taking into account the made production and losses which size of resources is reduced more than for twenty five percent of rather earlier approved inventories of industrial categories are developed according to the subitem 4) of Item 9 of article 72 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and determine procedure for hearing of the subsoil users, the competent persons which prepared and who checked the valuation report of resources and (or) inventories of solid minerals prepared by the competent person according to the Kazakhstan code of the public reporting on results of exploration works, mineral resources and mineral inventories (the Code of KAZRC) taking into account the made production and losses which size of resources is reduced more than by twenty five percent of rather earlier approved inventories of industrial categories.

Chapter 2. Procedure for hearing of the subsoil user, the competent persons which prepared and which checked the valuation report of resources and (or) inventories of solid minerals

2. Hearing on solid minerals is carried out by the Commission under department of authorized body on studying of subsoil (further - Department).

3. Under department the Commission is created. The commission is the collegiate organ performing hearing of valuation reports of resources and (or) inventories which size of resources is reduced more than by twenty five percent of rather earlier approved inventories of industrial categories.

The commission consists of the chairman, his deputy and members of the commission.

Members of the commission is the staff of department.

The structure of the Commission affirms the Order of the head of department.

The interested state bodies, not being members of the commission are invited to hearing.

4. The valuation report of resources and (or) inventories which arrived in department, is considered within 30 calendar days.

5. In case of identification of reduction of size of resources more than for twenty five percent of rather earlier approved inventories of industrial categories, taking into account the made production and losses, during the term specified in Item 5 of this Chapter, the report is submitted for hearing with the invitation of the independent expert and subsoil user, but no later than 5 calendar days before decision making.

According to the statement of the subsoil user, the competent persons which prepared and which checked the valuation report of resources and (or) inventories of solid minerals, the term specified in Item 5 of this Chapter is prolonged, but no more than 30 calendar days.

6. Hearing is carried out by the Commission and independent experts with involvement of the subsoil user and competent person.

For the subsoil user, the competent person who is the citizen of foreign state who physically is not in the Republic of Kazakhstan and is not able to provide participation, hearing is carried out remotely.

The subsoil user provides participation on hearings of competent persons and simultaneous interpretation on state and (or) Russian, in case of participation of the citizen of the foreign state which is not knowing state and (or) Russian.

The list of independent experts on hearing of valuation reports of resources and (or) inventories which size of resources is reduced more than by twenty five percent of rather earlier approved inventories of industrial categories is appointed from among independent experts of the State Commission on Mineral Reserves.

7. When carrying out hearing the Commission determines justification of reduction of amounts of resources and/or (inventories) of rather earlier approved inventories of industrial categories of minerals.

8. Following the results of hearing the Commission makes the positive decision, or the negative decision with motivated objection which is drawn up in the form of the conclusion and goes within 3 working days to department for acceptance or refusal of acceptance to the state accounting of minerals.

The decision following the results of hearing is made by a majority vote the present members of the commission. In case of equality of votes during decision making, the voice of the chairman is decisive.

Members of the commission, and also the independent experts not concordant with the made decision express special opinion. The special opinion is drawn up by the separate document containing its reasons and applied to consideration materials.

9. In case of the positive conclusion of the Commission, by department it is brought corresponding changes in the state stock accounting of minerals.

10. In case of insufficiency of data for reasons for reduction or write-off of inventories, the Commission accepts the negative conclusion with motivated objection.

Based on the decision of the Commission department refuses in acceptance on the state accounting of minerals and the valuation report of resources and (or) inventories returns.

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