On approval of the Rules for issuance and re-registration of geological and (or) mining allotments

Order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated August 3, 2021 No. 285. Registered in the Ministry of Justice of the Republic of Kazakhstan on August 9, 2021 No. 23907

      Unofficial translation

      In accordance with paragraph 16 of Article 278 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", I HEREBY ORDER:

      1. To approve the attached Rules for issuance and re-registration of geological and (or) mining allotments.

      2. The Committee of Geology of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the legal service department of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan on the execution of the measures provided for in subparagraphs 1) and 2) of this paragraph.

      3. To impose control over the execution of this order on the supervising vice minister of ecology, geology and natural resources of the Republic of Kazakhstan.

      4. This order comes into force ten calendar days after the day of its first official publication.

      Acting minister of ecology, geology and
natural resources of the
Republic of Kazakhstan
A. Primkulov

      "AGREED"
Ministry of industry and
infrastructural development of the
Republic of Kazakhstan

      "AGREED"
Ministry on energy of the
Republic of Kazakhstan

  Approved
by the order of the acting minister of ecology, geology
and natural resources of the Republic of Kazakhstan
dated August 3, 2021 № 285

The Rules for issuance and re-registration of geological and (or) mining allotments

Chapter 1. General provisions

      1. These Rules for issuance and re-registration of geological and (or) mining allotments (hereinafter referred to as the Rules) determine the procedure for granting geological and (or) mining allotments. Geological and mining allotments are issued by the authorized body for the study of subsoil.

      These Rules use the following basic concepts and terms, abbreviations:

      1) contract - an agreement between the competent authority or the authorized body for the study of subsoil or the local executive body of the region, city of republican significance, the capital in accordance with the competence established by the legislation of the Republic of Kazakhstan, and an individual and (or) legal entity for exploration and production or extraction of minerals or construction and (or) operation of underground structures not related to exploration and (or) production;

      2) geological allotment - an annex to the contract for exploration and production or production, which is an integral part of it, defining schematically and descriptively the subsoil area where the subsoil user conducts exploration;

      3) mining allotment - a document that is an integral part of the contract for exploration and production or production, which graphically and descriptively defines the subsoil plot within which the subsoil user carries out the extraction, construction and (or) operation of underground structures not related to exploration and (or) production.

      2. In accordance with paragraph 16 of Article 278 of the Code of the Republic of Kazakhstan “On Subsoil and Subsoil Use” (hereinafter referred to as the Code), under subsoil use contracts concluded before the entry into force of the Code, the boundaries of the subsoil plot are changed by making appropriate changes to the contract.

      Geological and mining allotments for exploration and production are provided by the authorized body for the study of subsoil (hereinafter referred to as the authorized body), to subsoil users who carry out their activities on the basis of contracts concluded before the introduction of the Code.

Chapter 2. Provision of geological allotments

      3. The applicant submits to the authorized body an application for the provision of a geological / mining allotment in the form in accordance with Appendix 1 to these Rules (hereinafter referred to as the Application).

      4. The following documents are attached to the Application:

      1) a letter from the competent authority on the decision to start negotiations on amendments and additions to the subsoil use contract, taking into account the recommendations of the expert commission, in accordance with paragraph 6 of Article 45 of the Code;

      2) geographic coordinates of corner points indicating the total area of ​​allotment;

      3) a cartogram of the geological allotment on a scale that provides visibility.

      5. The provision of a geological allotment in the form in accordance with Appendix 2 to these Rules is carried out no later than twenty calendar days from the date of receipt of the Applicant's Application, with mandatory notification of the competent authority (state authority that is a party to the contract).

      6. In case of incomplete submission of documents for the provision of a geological allotment, provided for in paragraph 4 of these rules, the applicant's application is left without consideration and returned to the applicant with a written reasoned refusal to grant a geological allotment no later than five calendar days from the date of its receipt.

      7. When transferring the right to subsoil use, re-registration of the geological allotment is not required.

Chapter 3. Provision of mining allotments

      8. The applicant submits an Application to the authorized body.

      9. The following documents are attached to the Application:

      1) a letter from the competent authority on the decision to start negotiations on amendments and additions to the subsoil use contract, taking into account the recommendations of the expert commission, in accordance with paragraph 6 of Article 45 of the Code;

      2) geographic coordinates of corner points indicating the total area of ​​allotment;

      3) a cartogram of the mining allotment on a scale that provides visibility.

      10. The provision of a mining allotment in the form in accordance with Appendix 3 to these Rules is carried out no later than twenty calendar days from the date of receipt of the Applicant's Application, with mandatory notification of the competent authority (state authority that is a party to the contract).

      11. In case of incomplete submission of documents for provision of a mining allotment, provided for in paragraph 9 of these Rules, the applicant's application is left without consideration and returned to the applicant with a written reasoned refusal to grant a mining allotment no later than five calendar days from the date of its receipt.

      12. When transferring the right to subsoil use, re-registration of the geological allotment is not required.

  Appendix 1
to the Rules for issuance and re-registration
of the geological and (or) mining allotments
  Form
  To the head of the Committee of geology
of the Ministry of ecology, geology and natural
resources of the Republic of Kazakhstan in
  ____________________________
  (city) _____________________
  (surname, name, patronymic
  (if any)
  from__________________________
  (full name of the applicant,
  business-identification number or surname,
name, patronymic (if any) of an individual and
individual identification number,
  address, details, phone number)

Application for provision of a geological/mining allotment

      I ask you to issue/renew the geological/mining allotment.

      Location of the object: ____________________________ (region)

№ of corner point

Geographical coordinates

North latitude

East longitude

degree

minute

second

degree

minute

second

1







2







3







4







      Appendix:

      ________________________________________________________________________

      ________________________________________________________________________

      Date of submission of application: "___" ______________ 20 ___.

      Signature: ____________________________

  Appendix 2
to the Rules for issuance and re-registration
of the geological and (or) mining allotments
  Form
  Appendix 1
to the Contract № _________
for the right of subsoil use
____________________________
(type of mineral)
____________________________
(type of subsoil use)
dated ___________20 ___
registration № _______

____________________________________________________________________ the authority that issued this document) GEOLOGICAL ALLOTMENT

      Is issued to______________________________ to perform operations

      (applicant)

      on subsoil use on the ____________________________________________________

      (name of the subsoil plot (blocks)

      based on the ______________________________________________________________

      (letter from the competent authority on the decision to start negotiations on amendments and

      additions to the subsoil use contract, taking into account the recommendations of the expert

      ommission)

      The geological allotment is located in _____________________________.

      (region, district)

      The borders of the geological allotment are shown on the cartogram and are indicated by corner points from № 1 to №

      ____________________________________________________________.

      subsequent point numbers

Corner points

Coordinates of corner points

North latitude

East longitude

degree

minute

second

degree

minute

second








      The area of the geological allotment is - ___________________________________ sq. km (m)

      (number (in words)

      Exploration depth (if determined by the competent authority) ___________________ m.

      Head of the body____________________________________________________

      surname, name, patronymic (if any) of the head, signature,

      town of issuance ___________, month, year.

  Appendix 3
to the Rules for issuance and re-registration
of the geological and (or) mining allotments
  Form
  Appendix 2
to the Contract № _________
for the right of subsoil use
____________________________
(type of mineral)
____________________________
(type of subsoil use)
dated ________________ 20 ___
registration № _______

__________________________________________________________________________
(the authority that issued this document) MINING ALLOTMENT

      Is issued to______________________________ to perform operations

      (applicant)

      on subsoil use on the ____________________________________________________

      (name of the subsoil plot (blocks)

      based on the ______________________________________________________________

      (letter from the competent authority on the decision to start negotiations on amendments

      and additions to the subsoil use contract, taking into account the recommendations of the expert

      commission)

      The mining allotment is located in _____________________________.

      (region, district)

      The borders of the mining allotment are shown on the cartogram and are indicated by corner points from № 1 to №

      _____________________________________________________________.

      subsequent point numbers

Corner points

Coordinates of corner points

North latitude


degree


degree


degree









      The area of the mining allotment - _______________________________________ sq. km (m.) (number (in words)

      Exploration depth _______________________________________________ m.

      Mining horizon, depth, geological and stratigraphic boundary

      Head of the authority _________________________________________________________

      surname, name, patronymic (if any) of the head, signature

      town of issuance __________, month, year.