Article 13. Man-made mineral formations, rights to man-made mineral formations Code on Subsoil and Subsoil Use Republic of Kazakhstan

Home / RLA / Article 13. Man-made mineral formations, rights to man-made mineral formations Code on Subsoil and Subsoil Use Republic of Kazakhstan

1. Man-made mineral formations are accumulations of waste from mining, mining processing and energy industries containing useful components and (or) minerals.

Man-made mineral formations of mining industries include waste from the extraction of solid minerals, formed as a result of the separation of solid minerals from the rock mass during their extraction from the subsoil (overburden, host rock, dust, poor (substandard) ore).

Man-made mineral formations of mining and processing industries include processing waste generated as a result of mining and processing industries (tailings and processing sludge) and (or) chemical and metallurgical industries (slags, cakes, clinkers and other similar types of waste from metallurgical processing).

Technogenic mineral formations of energy production include solid waste generated as a result of fuel combustion during the production of electric and (or) thermal energy by generating plants (ash and ash slag).

2. Man-made mineral formations located within a subsurface area belong to such a site.

Man-made mineral formations that have arisen as a result of the activities of chemical, metallurgical or energy industries located outside the area of the subsurface in use are the property of these industries. Ownership of such man-made mineral formations remains with the owner of the production facilities until the closure of the landfill (part of the landfill) for the placement of these man-made mineral formations in accordance with the environmental legislation of the Republic of Kazakhstan.

3. The ownership right to man-made mineral formations that have arisen as a result of the activities of a subsurface user in a subsurface area used by this subsurface user remains with him for the duration of the subsurface use right.

Subsurface users who own man-made mineral formations have the right, subject to the provisions of this article, to own, use and dispose of man-made mineral formations that have arisen as a result of activities on the subsoil plot provided to them for use, as well as to alienate them to third parties.

The alienation of these man-made mineral formations to third parties without removal from the subsurface area or the landfill of their placement is not allowed, except in cases of transfer of the right of subsurface use or, accordingly, ownership of the production provided for in paragraph 2 of this Article.

In the case of alienation to third parties of man-made mineral formations located on a subsurface area in use, their withdrawal must be carried out during the period of validity of the right of subsurface use.

4. The placement of man-made mineral formations of mining industries is carried out only within the boundaries of subsurface areas that are in use under licenses for exploration of solid minerals, licenses for the extraction of solid minerals, licenses for the extraction of common minerals or licenses for the use of subsurface space.

The placement of man-made mineral formations of mining and processing plants is carried out only within the boundaries of subsurface areas that are in use under a license for the extraction of solid minerals or a license for the use of subsurface space.

In order to ensure the efficient use of the resource potential of man-made mineral formations, their placement at the same facility as a result of the activities of different industries (mining, mining and processing, chemical and metallurgical industries) is prohibited if such man-made mineral formations do not have homogeneous physico-chemical properties and such placement does not comply with the requirements of the environmental legislation of the Republic of Kazakhstan.

5. Man-made mineral formations left in the subsurface area after the termination of the right of subsurface use or, accordingly, after the closure of the landfill (part of the landfill) are included in the subsurface.

For the purposes of this Code, the legal regime of solid minerals is applied to man-made mineral formations included in the subsurface.

The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 03/01/2021).

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Republic of Kazakhstan

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