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

of February 27, 2015 No. 208

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

According to subitem 32-5) of article 20 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of permission to building of the areas of bedding of minerals.

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. 208

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

1. General provisions

1. Rules of issue of permission to building of the areas of bedding of minerals (further - Rules) are developed according to subitem 32-5) of article 20 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" and determine procedure for issue of permissions to building of the areas of bedding of minerals.

2. The local executive body considers the provided proving materials regarding economic feasibility of building, and the authorized body considers the provided proving materials regarding possibility of extraction of mineral.

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

3. Building of the areas of bedding of minerals is allowed with the permission of authorized body on studying and use of subsoil and local executive body of area, city of republican value, the capital (further - local executive body) on condition of possibility of extraction of minerals or validity of economic feasibility of building.

4. For receipt of permission to building of the area of bedding of minerals the physical person or legal entity sends to local executive body the request in any form in which the name of the legal entity with indication of business and identification number or surname, name, middle name of physical person with indication of individual identification number, the address, location of subject to building in geographical coordinates is specified.

5. The local executive body within two working days sends for review the request of physical person or legal entity to the relevant territorial subdivision of authorized body on studying and use of subsoil (further - territorial subdivision).

The territorial subdivision considers the request of physical person or legal entity within ten working days from the moment of its registration and sends information on availability or lack (insignificance) of minerals under the area of the forthcoming building to local executive body.

In case of lack (insignificance) of minerals under the area of the forthcoming building declared by physical person or legal entity, the local executive body within two working days issues the conclusion about lack (insignificance) of bedding of minerals in form according to appendix 1 to these rules, receipt of permission to building of the areas of bedding of minerals in that case is not required.

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

In case of availability of minerals under the area of the forthcoming building declared by physical person or legal entity, the local executive body within two working days issues to physical person or legal entity the letter notification on availability of minerals under the area of the forthcoming building.

6. After receipt of the written notice the physical person or legal entity provides in local executive body the materials proving possibility of extraction of minerals or validity of economic feasibility of building (further - the proving materials):

1) the copy of the topographical plan of the area of the planned building and the territory adjoining to it (on the copy of the topographical plan the mining-and-geological situation, contours of the existing and projectible building, border of mountain branch, border of zones of adverse effect of mountain developments on subjects to building is displayed);

2) explanatory note.

7. The explanatory note includes:

1) the data on physical person or legal entity asking permission to building, the organizations which will perform designing and asset construction;

2) data on object, including its purpose, the short characteristic and the size of the area of expected building;

3) the information about the subsoil user on which area of mountain branch the asset construction, the short geological characteristic of the area of the planned building is planned (geological structure of the area, depth, structure of bodies of the main and together with them the lying minerals, quantity and quality of inventories, hydrogeological, engineering-geological conditions, etc.);

4) data on object of the planned construction with indication of purpose of object, the characteristic of materials of the base and walls, fixture of underground constructions; possible changes in time of nature of operation;

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