ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 207

About approval of Rules of the damage assessment caused owing to violation of requirements in the field of rational use of subsoil

According to subitem 32-9) of article 20 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Rules of the damage assessment caused owing to violation of requirements in the field of rational use of subsoil.

2. To committee of geology and subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan (Nurabayev B. K.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the vice-minister of investments and development of the Republic of Kazakhstan Rau A. P.

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

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of February 27, 2015 No. 207

Rules of the damage assessment caused owing to violation of requirements in the field of rational use of subsoil

1. General provisions

1. These rules of the damage assessment caused owing to violation of requirements in the field of rational use of subsoil (further - Rules) are developed in compliance by the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" and determine procedure for the damage assessment caused owing to violation of requirements in the field of rational use of subsoil when carrying out transactions on subsurface use.

2. In these rules the following basic concepts are used:

1) damage - the loss suffered by the state, determined proceeding from amount of the actual losses in case of the development and primary inventory conversion of mineral exceeding the normalized losses of minerals;

2) the actual losses - the losses determined for a moment, calculations of damage;

3) the normalized losses of minerals - the losses which are technologically connected with the accepted methods and systems of development of minerals in case of production which level is proved by technical and economic calculations.

3. These rules extend to all subsoil users, irrespective of patterns of ownership.

4. Damage assessment, caused owing to violation of requirements in the field of rational use of subsoil, is performed upon detection of damage during the state control of studying and use of subsoil by authorized body on studying and use of subsoil.

The extent of the damage caused owing to violation of requirements in the field of rational use of subsoil is determined by authorized body by studying and use of subsoil.

5. The disputes arising in connection with damage assessment are permitted according to the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

2. Procedure for the damage assessment caused owing to violation of requirements in the field of rational use of subsoil

6. The extent of the damage caused owing to violation of requirements in the field of rational use of subsoil is determined proceeding from amount of the actual losses in case of the development and primary inventory conversion of mineral exceeding the normalized losses proved in project documents for work on production, approved by authorized body on studying and use of subsoil of the Republic of Kazakhstan and determined in value term by average price of sales of products by the subsoil user for the checked period.

7. If the subsoil user did not sell products in the accounting period, the cost of products is determined proceeding from average price of realization in previous year in which such realization took place. On minerals on which there are official quotations of the prices their average cost for the accounting period according to these quotations is applied.

8. The extent of the damage caused owing to violation of requirements in the field of rational use of subsoil is determined according to examples, according to appendix to these rules.

9. Exceeding of the actual losses in case of development and primary inventory conversion of mineral over the normalized losses, (further - over the normalized losses), proceeds from amounts:

losses of balance sheet inventories of minerals over the established normalized losses by each part of subsoil fulfilled by one system of development with rather homogeneous mining-and-geological conditions in which balance sheet inventories of mineral are authentically counted and primary accounting of completeness of their extraction from subsoil, and also any unreasonable losses is possible;

losses balance sheet, and also provided to the selection dredging and warehousing of off-balance inventories of the minerals which resulted from violation of the project documents providing economically profitable mining of minerals taking into account rational use of the subsoil and accidents caused by these violations;

the inventories left in subsoil because of incomplete dredging on the area and capacity, side jobs and rapprochement of layers (deposits), untimely write-off of inventories, premature repayment of excavations;

losses of balance sheet inventories of the minerals which arose because of flood, ignition in subsoil or the extracted minerals owing to violation of requirements for their development (production);

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