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The document ceased to be valid since  June 29, 2018 according to Item 1 of the Order of the Minister of investments and development of the Republic of Kazakhstan of May 11, 2018 No. 325

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

of January 30, 2015 No. 94

About approval of Rules of provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production and also features of implementation of construction and (or) operation of the underground constructions which are not connected with investigation or production

According to Item 1 of article 44 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve Rules of provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production and also features of implementation of construction and (or) operation of the underground constructions which are not connected with investigation or production according to appendix to this order.

2. To provide to committee of geology and subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan:

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 of the copy of the order 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.

Minister of investments and development of the Republic of Kazakhstan

A. Isekeshev

It is approved

Minister of national economy of the Republic of Kazakhstan

February 17, 2015

 

____________ E.Dosayev

It is approved

Minister of Energy of the Republic of Kazakhstan

February 19, 2015

 

___________ V. Shkolnik

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of January 30, 2015 No. 94

Rules of provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production and also features of implementation of construction and (or) operation of the underground constructions which are not connected with investigation or production

1. General provisions

1. These rules of provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production and also features of implementation of construction and (or) operation of the underground constructions which are not connected with investigation or production (further - Rules) are developed according to Item 1 of article 44 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determines features of procedure for provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or mining on the basis of direct negotiations and also features of implementation of construction and (or) operation of the underground constructions which are not connected with investigation or production.

2. The subsurface use right to construction and (or) operation of the underground constructions which are not connected with investigation or production is provided by the conclusion of the contract with local executive body of area, the city of republican value, the capital.

2. Features of procedure for provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production

3. On the basis of direct negotiations contracts for provision of the right of subsurface use for construction and (or) operation of the underground constructions which are not connected with investigation or production are signed:

1) the underground or buried below soil layer construction for oil storage and gas, except for refueling stations;

2) tunnels, the subways, underground overpasses and engineering constructions with depth over three meters;

3) the constructions intended for pumping underground waters in subsoil for artificial completion of inventories;

4) the tailings dams buried below soil layer, shlamokhranilishch for burial and warehousing firm, liquid and A-waste, hazardous toxic agents and dumping of waste and industrial waters into subsoil.

4. Direct negotiations on provision of the right of subsurface use to construction and (or) operation of the underground constructions which are not connected with investigation or production are carried out by the working group of local executive body of area, city of republican value, the capital.

5. Physical persons and legal entities can accept participation in direct negotiations on the conclusion of the construction contract and (or) operation of the underground constructions which are not connected with investigation or production.

6. For participation in direct negotiations person applying for the conclusion of the contract sends to local executive body of area, city of republican value, the capital the application for participation in straight lines of negotiations on form according to appendix 1 to Rules.

The documents containing the following data shall be attached to the application for participation in straight lines of negotiations in addition:

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