ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2010 No. 1521

About approval of Rules of issue of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral, or on production of underground waters for the purposes of water lowering in case of operation of excavations

According to the subitem 58) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of issue of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral, or on production of underground waters for the purposes of water lowering in case of operation of excavations.

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of December 31, 2010 No. 1521

Rules of issue of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral, or on production of underground waters for the purposes of water lowering in case of operation of excavations

1. General provisions

1. These rules of issue of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day in layer according to the technological scheme of production of mineral or on production of underground waters for the purposes of water lowering in case of operation of excavations (further - Rules) are developed for their downloading according to Item 6 of article 35 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law).

Rules determine procedure for issue to physical person or legal entity of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral or on production of underground waters for the purposes of water lowering in case of operation of excavations (further - permission).

These rules do not extend to the production of underground waters for the purposes of water lowering in case of operation of excavations performed by the subsoil user within the signed contract for subsurface use in the contract for subsurface use.

2. In Rules the following concept is applied:

the situational scheme - graphical display of arrangement of object of subsurface use, represented by the subsoil user in form according to appendix 1 to permission, for the purpose of delimitation and location of the wells intended for exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral or on production of underground waters for the purposes of water lowering in case of operation of excavations.

Other concepts and terms which are not specified in these rules are used in the values determined according to the Law.

3. Permission is the document certifying the right of the owner to perform exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral or on production of underground waters for the purposes of water lowering in case of operation of excavations.

4. Permission is issued for the term specified in the statement, at the same time this term shall not exceed the subsurface use term established in the contract for subsurface use.

2. Procedure for issue of permissions

5. For receipt of permission by the subsoil user the application in form, according to appendix 1 to Rules, with appendix of the following documents is submitted to authorized body on studying and use of subsoil (further - authorized body):

1) copies of the certificate on state registration - for the legal entity in case of presentation of the original, or the notarized copy;

2) copies of the certificate on state registration of the individual entrepreneur - for physical person in case of presentation of the original, or the notarized copy;

3) conclusions of state examination of inventories of underground waters and geological information on underground water objects;

4) data on the subsoil plot and conditions of subsurface use according to appendix 2 to permission;

5) situational scheme.

6. Permission, in form according to appendix 2 to Rules, is constituted in the state and Russian languages in duplicate. One copy is issued to the subsoil user, the second is stored in authorized body.

7. Permission is issued by authorized body no later than ten working days from the date of filing of application.

8. In issue of permission refuses in cases:

1) provisions of the documents listed in Item 5 of Rules, not in full;

2) provisions of false information.

9. In case of loss, spoil of permission and (or) appendix to permission the subsoil user can receive the duplicate of permission.

The lost, damaged forms of permission and (or) appendix to permission reckon invalid from the date of submission of the written application by the subsoil user (with application of documents, confirming fact of loss, spoil of permission and (or) appendix to permission) the subsoil user.

The authorized body makes issue of the duplicate of permission and (or) appendix to permission with assignment of new number and text "Duplicate" in the right upper corner within ten working days from the date of filing of application.

10. The decision of authorized body on refusal in issue of permission or lack of distribution in the time established by Rules, can be appealed according to the procedure, established by the legislation of the Republic of Kazakhstan.

Appendix 1

to Rules of issue of permission to exploration and production of technological underground waters in amounts two thousand and more cubic meters per day for their downloading in layer according to the technological scheme of production of mineral, or on production of underground waters for the purposes of water lowering in case of operation of excavations

 
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