I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 16, 2015 No. 992

About approval of regulations on the Interdepartmental commission on questions of implementation of the priority right of the state concerning the underground waters, therapeutic muds and solid minerals having strategic importance, except for uranium and coal

According to subitem 27-3) of article 17 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" I ORDER:

1. Approve Regulations on the Interdepartmental commission on questions of implementation of the priority right of the state concerning the underground waters, therapeutic muds and solid minerals having strategic importance, except for uranium and coal.

2. To department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan (Toktabayev T. S.) provide:

1) 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;

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 supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after the first official publication.

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of October 16, 2015 No. 992

Regulations on the Interdepartmental commission on questions of implementation of the priority right of the state concerning the underground waters, therapeutic muds and solid minerals having strategic importance, except for uranium and coal

1. General provisions

1. This Regulations on the Interdepartmental commission on questions of implementation of the priority right of the state concerning the underground waters, therapeutic muds and solid minerals having strategic importance, except for uranium and coal (further - the Commission) are developed according to subitem 27-3) of article 17 of the Law of the Republic of Kazakhstan "About subsoil and subsurface use" and are the advisory advisory body created by competent authority for the purpose of consideration of questions and development of recommendations of acquisition (refusal of acquisition of right) by the state of the alienable right of subsurface use (its part) and (or) object, the subsurface use right on subsoil plots, the fields connected with the subsurface use right in the Republic of Kazakhstan.

2. The commission in the activities is guided by the Constitution of the Republic of Kazakhstan, legal acts of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

2. Main objectives, functions and rights of the Commission

3. The main objectives of the Commission are:

1) consideration of addresses about alienation of the right of subsurface use (its part) and (or) the object connected with the subsurface use right taking into account requirements of the legislation of the Republic of Kazakhstan about homeland security;

2) development of offers on realization of the priority right of the state.

4. As the Commission enters:

1) consideration of the applications of subsoil users about alienation of the right of subsurface use (its part) under contracts for subsurface use;

2) consideration of the applications of persons about alienation of the shares (blocks of shares) belonging to them in the legal entities having subsurface use rights;

3) consideration of the applications of persons about alienation of the shares (blocks of shares) belonging to them in legal entities who have opportunity directly and (or) to indirectly determine decisions and (or) to exert impact on the decisions made by the subsoil user if at these legal entities the main activities are connected with subsurface use in the Republic of Kazakhstan;

4) development, reasons and entering into competent authority of offers on acquisition of right or about refusal of the alienable right of subsurface use by the state (its part) and (or) the objects connected with the subsurface use right.

5. Commission:

1) interacts with the central executive and other state bodies and the organizations;

2) invites to meetings and hears representatives of state bodies, the organizations, officials and citizens on the questions entering its competence;

Requests 3) and receives the materials necessary for implementation of its functions from state bodies, the organizations, officials and citizens.

3. Organization and procedure for activities of the Commission

6. The commission chairman directs its activities, presides over meetings, plans its work, exercises general control over implementation of its decisions. During absence of the chairman of its function the deputy carries out.

7. Working body of the Commission organizational technical supply carries out works of the Commission, including prepares offers on the agenda of commission session, necessary documents, materials which shall be directed to members of the commission in three working days prior to carrying out commission session with appendix of the draft of the protocol.

Functions of working body of the Commission are performed by Department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan.

8. The competent authority within twenty working days from receipt date of the statement submits for consideration of the Interdepartmental commission on questions of implementation of the priority right of the state the materials necessary for development of the offer on acquisition of right (refusal of acquisition of right) of the alienable right of subsurface use (its part) and (or) the objects connected with the subsurface use right.

9. Commission sessions are held as required taking into account terms of consideration of materials by the Commission.

10. Members of the commission take part in its activities without the replacement right.

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