Article 177. Elimination of the consequences of uranium mining Code on Subsoil and Subsoil Use Republic of Kazakhstan  

  1. The elimination of the consequences of subsurface use of uranium is carried out by the national operator for radioactive waste management, determined in accordance with the legislation of the Republic of Kazakhstan in the field of radioactive waste management.

     The elimination of the consequences of subsurface use of uranium is carried out in accordance with the project for the elimination of the consequences of subsurface use, approved by the subsurface user and which has received positive expert opinions provided for by this Code and other laws of the Republic of Kazakhstan.

     The requirements for carrying out work to eliminate the consequences of subsurface use are established in the rules of conservation and liquidation during exploration and production of uranium, approved by the authorized body in the field of uranium.

1-1. In the absence of uranium exploration operations at the exploration site or at a part of the exploration site that the subsurface user has abandoned, or when such operations are carried out without disturbing the Earth's surface (bottom of reservoirs), liquidation work is not required at this exploration site or part of it.

     In this case, an act of inspection of the exploration site or its part is drawn up, confirming the absence of the need for liquidation work, which is signed by the persons specified in paragraph 4 of this article.

     2. The consequences of uranium mining are being eliminated:

     1) in a subsurface area, the right of subsurface use for which has been terminated, with the exception of the cases provided for in subparagraphs 2) and 3) paragraph 3 of Article 164 of this Code;

     2) on a subsurface area (part of it), which the subsurface user intends to return to the state.

    3. The subsurface user is obliged to:

     1) to ensure the development, coordination, examination and approval in accordance with this Code and other laws of the Republic of Kazakhstan of a project to eliminate the consequences of subsurface use no later than one year before the expiration of the contract;

     2) in the cases provided for in paragraphs 1 and 3 of Article 163 of this Code, within six months, develop and submit for the examination provided for in this Code a project to eliminate the consequences of subsurface use of uranium;

     3) begin to eliminate the consequences of subsurface use operations no later than twelve months from the date of such termination;

     4) complete the elimination of the consequences of mining and subsurface use in the subsurface area within the time limits established by the project for the elimination of the consequences of subsurface use of uranium.

     4. The liquidation of the consequences of subsurface use of uranium is considered completed from the date of signing the liquidation act.:

     1) by a subsurface user or a person whose right of subsurface use has been terminated in the relevant subsurface area;

     2) a representative of the competent authority;

3) representatives of authorized bodies in the field of environmental protection, industrial safety, in the field of sanitary and epidemiological welfare of the population, for the study of mineral resources and local executive bodies of the region, the city of republican significance, the capital;

     4) in case of liquidation of the consequences of subsurface use on a land plot in private ownership or long–term land use, by the owner of the land plot or the land user.

     Moreover, if, within ten years after the signing of the liquidation act, it is established that the subsurface user or the person whose right of subsurface use has been terminated in the relevant subsurface area has carried out work to eliminate the consequences of subsurface use in violation of the liquidation project, such persons are obliged, at their own expense, to eliminate the identified violation within the time limits agreed with the competent authority.

In the absence of a subsurface user or a person whose ownership interest was directly or indirectly owned by a national uranium company, whose right of subsurface use has been terminated in the relevant subsurface area, the obligations to eliminate the identified violations are assigned to the national uranium company.

     5. The fulfillment of the obligation to eliminate the consequences of subsurface use is secured by a bank deposit.

5-1. Ensuring the fulfillment of the obligation to eliminate the consequences of exploration is formed through the contribution of money in the amount of the amount determined in the exploration project based on the market value of the work to eliminate the consequences of uranium exploration, prior to the commencement of operations provided for in such a project document.

     If an addendum to the exploration project is approved, providing for an increase in the cost of work to eliminate the consequences of exploration, the corresponding additional amount of collateral must be paid before the start of the work provided for in such a project document.

  6. A bank deposit, which is the subject of a pledge securing the fulfillment of an obligation to eliminate the consequences of mining, is formed by depositing money in the amount of the amount determined in the liquidation plan, in proportion to the planned volumes of uranium mining.

     The total cost of eliminating the consequences of uranium mining is determined based on the market value of the work to eliminate the consequences of uranium mining and is subject to recalculation at least once every three years as part of the development of a liquidation plan.

     7. The transfer of the right of subsurface use is an unconditional basis for the renewal (transfer) of the rights to the pledged bank deposit formed under the terms of the contract.

     8. Upon termination of the contract, the amount of security may, with the consent of the competent authority, be reduced in proportion to a portion of the cost of the liquidation work performed on the subsurface area and accepted in accordance with paragraph 4 of this article.

     9. If the actual costs of eliminating the consequences of subsurface use operations exceed the amount of collateral, the subsurface user is obliged to provide additional financing for the liquidation work. If the actual costs of liquidation turn out to be less than the amount of collateral, the remaining money remains with the subsurface user, except in cases established by this Code.

10. At the request of the subsurface user, the authorized body in the field of uranium extends the period for the elimination of the consequences of uranium mining operations for a period of up to one year from the date of expiry of the period provided for in the liquidation project, if the liquidation was impossible or significantly hampered due to weather and (or) climatic conditions.

     11. Progressive elimination of the consequences of uranium mining is carried out in accordance with the plan for the elimination of the consequences of uranium mining, developed in accordance with Article 182-3 of this Code. 

The Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" dated December 27, 2017 No. 125-VI SAM. 

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 7, 2026, No. 337-VIII SAM 

President    

Republic of Kazakhstan     

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