JOINT ORDER OF I.O. OF THE MINISTER OF THE INDUSTRY AND NEW TECHNOLOGIES OF THE REPUBLIC OF KAZAKHSTAN AND I.O. MINISTER OF ECONOMIC DEVELOPMENT AND TRADE OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2011 No. 349 and of October 1, 2011 No. 324

About approval of criteria for evaluation of risk degree in the field of private entrepreneurship in the field of studying and use of subsoil

According to item 4 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", PRIKAZYVAYEM:

1. Approve the enclosed criteria for evaluation of risk degree in the field of private entrepreneurship in the field of studying and use of subsoil.

2. (Turganbayev B. M.) to provide to committee of geology and subsurface use of the Ministry of the industry and new technologies of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) publication of this order on official Internet resource of the Ministry of the industry and new technologies of the Republic of Kazakhstan.

3. Declare invalid the joint order of the Minister of Economy and Budget Planning of the Republic of Kazakhstan of February 18, 2010 No. 72 and the Deputy. The Minister of Energy and Mineral Resources of the Republic of Kazakhstan of February 15, 2010 No. 30 "About approval of criteria for evaluation of risk degree in the field of subsurface use" (No. registered in the Register of state registration of regulatory legal acts 6078, No. 67 published in the newspapers "Yuridicheskaya Gazeta" of May 13, 2010 (1863) and "For, newspapers," of May 13, 2010 No. 67 (1689)).

4. To impose control of execution of this order on the vice-minister of the industry and new technologies of the Republic of Kazakhstan Sauranbayev N. E.

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

Approved by the joint order of the Acting Minister of the industry and new technologies of the Republic of Kazakhstan and the deputy. The Minister of Economic Development and Trade of the Republic of Kazakhstan of September 27, 2011 No. 349 and of October 1, 2011 No. 324

Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of studying and use of subsoil

1. General provisions

1. These Criteria for evaluation of risk degree in the field of private entrepreneurship in the field of studying and use of subsoil (further - Criteria) are developed according to the Laws of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" and of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" for reference by authorized body on studying and use of subsoil of the subjects performing activities in the field of studying and use of subsoil on risk degrees.

2. In these Criteria the following concepts are used:

1) the subject of control - the subsoil user having rights to carrying out transactions on subsurface use;

2) risk in the field of studying and use of subsoil - probability of damnification to condition of subsoil, mineral resources as a result of activities of subjects in the field of studying and use of subsoil taking into account weight of its effects.

2. Types of risks and distribution of subjects of control on risk degrees

3. Reference of subjects of control on degrees of risks in the field of private entrepreneurship is performed based on objective criteria - in case of primary reference and subjective criteria - in case of the subsequent reference.

4. In case of initial distribution, subjects of control are subdivided into degrees of risks:

1) subjects of control treat high risk:

the performing activities for production of solid minerals, hydrocarbonic raw materials;

performing activities for production of underground waters for water supply of the cities of regional value, Astana, Almaty.

2) subjects of control treat average risk degree:

the performing activities for investigation of solid minerals, hydrocarbonic raw materials;

the subjects performing activities for production of underground waters for water supply of the cities of regional value, Astana, Almaty performing activities for exploration and production of popular minerals and underground waters, except for.

3) subjects of control treat insignificant risk degree:

performing activities for exploration and production of underground waters for water supply of the cities of district value and rural settlements;

performing activities for construction and (or) operation of the underground constructions which are not connected with investigation and (or) production.

5. In case of subsequent distribution of subjects of control, the corresponding points are appropriated to each violation:

accomplishment of planned amounts of production on the project of mining: to 50% - 20 points;

from 50% to 70% - 15 points;

from 70% to 90% - 10 points;

from 90% to 95% - 5 points;

accomplishment of planned amounts of vskrysha on the project of mining: to 50% - 20 points;

from 50% to 70% - 15 points;

from 70% to 90% - 10 points;

from 90% to 95% - 5 points;

non-compliance with the schedule of mining - 20 points;

conducting works outside project contours - 20 points;

non-compliance with standard rates of losses - 20 points;

failure to provide of reliable production accounting - 20 points;

non-compliance with obligations on rational and complex use of minerals - 20 points;

above-standard combustion of associated and (or) natural gas - 20 points;

non-compliance with well stock - 20 points;

non-compliance with amounts of downloading the working agent (water, gas) for raising of reservoir pressure - 20 points;

failure to carry out of works on arrangement of the field according to the project - 20 points;

violation of technical condition of wells in case of construction and operation - 20 points;

non-compliance with the schedule of conducting exploration works according to the Working program and projects of investigation - 10 points;

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