LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2014 No. 271-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning subsurface use

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-ІІ, Art. 96; The law of the Republic of Kazakhstan of November 3, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction to extremism and terrorism", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 6, 2014; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

to state item 4 of Article 32 in the following edition:

"4. If the parcel of land is intended for implementation of activities or making of the actions requiring the license or the conclusion of the contract for subsurface use, then provision of the right of land use to this site is made after receipt of the corresponding license or the conclusion of the contract for subsurface use.

This rule does not extend to cases of transfer of the right to the parcel of land of the project company for implementation of activities for the organization of construction of apartment houses (residential buildings) due to fund raising of shareholders according to the legal act of the Republic of Kazakhstan for equity in housing construction.

In case of early termination documents of title on the parcel of land are renewed by competent authority of operation of the contract for subsurface use on the trustee based on the trust management agreement of the contract area signed by competent authority with the national company according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.

Availability of the contract for subsurface use or the trust management agreement of the contract area specified in part three of this Item is the basis for immediate registration of the parcel of land.".

2. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; No. 21, Art. 161; 2012, No. 3, Art. 27; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

Item 3 of Article 108 to state 1) in the following edition:

"3. The economic evaluation of damage from pollution of atmospheric air and water, land resources over the established standard rates, illegal use by subsoil, and also from placement of production wastes and consumption, including radioactive, over the established standard rates is determined direct or indirect by methods according to the rules approved by the Government of the Republic of Kazakhstan.";

Article 114 to add 2) with subitem 11-1) of the following content:

"11-1) observance of the right of state-owned property to subsoil;";

Article 218 to state 3) in the following edition:

"Article 218. The ecological basis for carrying out transactions on subsurface use

1. The ecological basis for carrying out transactions on subsurface use are the positive conclusion of the state environmental assessment of the project documentation and ecological permission.

2. The subsoil user shall provide all preproject and project documentation which shall include assessment of impact of the planned activities on the environment on the state environmental assessment and contain the Section "Environmental protection".";

Item 2 of Article 286 to state 4) in the following edition:

"2. Action of this Chapter does not extend on:

1) the technogenic mineral educations formed in case of investigation, production and conversion of minerals, the address of which is regulated by the legislation of the Republic of Kazakhstan on subsoil and subsurface use;

2) radioactive waste;

3) superficial effusive and intrusive uneven-aged sedimentary breeds (overburden breeds).";

The subitem 2) of Item 2 of Article 321 to state 5) in the following edition:

"2) illegal and irrational use of natural resources;".

3. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014; The Law of the Republic of Kazakhstan of November 17, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further simplification of administration of law, decrease in bureaucratic procedures", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 19, 2014; The law of the Republic of Kazakhstan of November 28, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 3, 2014):

Part third of Item 3 of Article 308 to exclude 1);

1) of Article 323 of the word "the subitem 1) of Item 1 of Article 317" shall be replaced with words 2) in the subitem "Item 2 of Article 319";

Article 331 after words of "mineral educations" to add 3) with words ", being state-owned property,";

Second and third Article 337 to state 4) to part in the following edition:

"For the purposes of this Section leviable amount of the extinguished inventories is the amount of the extinguished inventories of the minerals containing in mineral raw materials, less amount of the normalized losses for tax period.

The amount of the normalized losses is established based on the engineering design of mining approved by the representative for these purposes state body of the Republic of Kazakhstan.";

The subitem 2) of Item 2 of Article 338 to state 5) in the following edition:

"2) the mineral raw materials containing at the same time the minerals specified in item 4 of this Article and other types of minerals;";

Items 6 and 7 of Article 495 to state 6) in the following edition:

"6. Rates of payment for placement of production wastes and consumption constitute:

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