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

Home / RLA / 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 uranium mining is carried out in accordance with the project for the elimination of the consequences of mining, approved by the subsurface user and which has received positive expert opinions provided for in this Code.

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

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. In the case provided for in subparagraph 1) According to paragraph 2 of this article, a person whose right of subsurface use in respect of such a subsurface area has been terminated is obliged to:

1) within two months from the date of termination of the right of subsurface use, approve and submit for the examination provided for in this Code a project to eliminate the consequences of subsurface use of uranium;

2) complete the elimination of the consequences of mining in the subsurface area within the time limits set in the project for the elimination of the consequences of uranium mining.

4. The liquidation of the consequences of uranium mining 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, in the field of sanitary and epidemiological welfare of the population and local executive bodies of the region, the city of republican significance, the capital;

4) in case of liquidation of the consequences of mining 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 mining 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.

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

6. A bank deposit, which is the subject of a pledge ensuring 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 pilot production project and the deposit development project, in proportion to the planned volumes of uranium production.

The amount of contributions to the bank deposit is determined in the pilot production project and the field development project based on the market value of work to eliminate the consequences of uranium mining and is subject to recalculation at least once every three years as part of the development analysis.

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 uranium mining 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.

President

Republic of Kazakhstan

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