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The document ceased to be valid since  June 25, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of June 16, 2015 No. 435

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2011 No. 720

About approval of Rules of issue of permission to building of the areas of bedding of minerals

(as amended of the Order of the Government of the Republic of Kazakhstan of 24.10.2013 No. 1144)

According to the subitem 18) 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 building of the areas of bedding of minerals.

2. Recognize invalid:

2) the order of the Government of the Republic of Kazakhstan of May 29, 2009 No. 800 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of January 27, 1997 No. 109" (SAPP of the Republic of Kazakhstan, 2009, Art. No. 27-28, 247).

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

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of June 27, 2011 No. 720

Rules of issue of permission to building of the areas of bedding of minerals

1. General provisions

1. These rules are developed according to the subitem 18) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determine procedure for issue of permissions to building of the areas of bedding of minerals.

2. Procedure for issue of permissions to building of the areas of bedding of minerals

2. Building of the areas of bedding of minerals, and also placement in places of their bedding of underground constructions are allowed with the permission of authorized body on studying and use of subsoil (further - authorized body) and authorized body in the field of industrial safety on condition of possibility of extraction of minerals or validity of economic feasibility of building.

3. For receipt of permission to building of the area of bedding of minerals, and also placement in places of their bedding of underground constructions the legal entity or physical person sends to territorial subdivision of authorized body on studying and use of subsoil (further - territorial subdivision) the request in any form in which the name of the legal entity or surname, name, middle name of physical person, its departmental accessory, the address, location of subject to building in geographical coordinates are specified.

4. The request of physical persons or legal entities is considered by territorial subdivisions within 10 (ten) working days from the moment of its registration.

In case of lack (insignificance) of minerals under the area of the forthcoming building declared by physical person or legal entity, the territorial subdivision issues the conclusion about lack (insignificance) of bedding of minerals which is the document resolving building of the declared area. At the same time approval of the specified document of authorized body in the field of industrial safety is not required.

The territorial subdivision records also registration of the conclusions about lack (insignificance) of minerals issued to them to legal entities or physical persons.

In case of availability of minerals under the area of the forthcoming building declared by physical person or legal entity, the territorial subdivision within 2 (two) working days sends to authorized body the conclusion about availability of minerals under the area of the forthcoming building with appendix of the request for consideration of question of issue of permission to building of the areas of bedding of minerals and to physical person or legal entity the written notice.

5. The authorized body within 2 (two) working days after receipt of such conclusion sends to authorized body in the field of industrial safety of the copy of the specified conclusion and the request of legal entity or physical person for consideration of question of issue of permission to building of the area of bedding of minerals, and also placement in places of their bedding of underground constructions.

6. The authorized body in the field of industrial safety within 5 (five) working days from the moment of receipt from authorized body of the copy of the conclusion of territorial subdivision and the request of legal entity or physical person considers these documents and sends to authorized body permission to building of the area of bedding of minerals or in cases, stipulated in Item 8 these rules, - motivated refusal in writing.

7. The authorized body within 2 (two) working days from the moment of receipt of permission of authorized body in the field of industrial safety issues to legal entity or physical person of permission of authorized body and authorized body in the field of industrial safety on building of the area of bedding of minerals or in cases, stipulated in Item 8 these rules, - motivated refusals in writing.

8. In issue of permission of authorized body and permission of authorized body in the field of industrial safety on building of the area of bedding of minerals, and also placement in their places

bedding of underground constructions refuses if during building extraction of minerals from subsoil is impossible or economic feasibility of building is not proved.

9. The authorized body records also registration of the permissions to building of the areas of bedding of minerals, placement issued to them to legal entities or physical persons in places of their bedding of underground constructions, and also the permissions issued by authorized body in the field of industrial safety.

 

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