Article 197. Elimination of the consequences of operations for exploration of solid minerals Code on Subsoil and Subsoil Use Republic of Kazakhstan
1. The elimination of the consequences of operations for the exploration of solid minerals is carried out through the reclamation of disturbed lands in accordance with the Land Code of the Republic of Kazakhstan.
The obligation to eliminate the consequences of operations for the exploration of solid minerals in a subsurface area provided for the extraction of solid minerals on the basis of an exclusive right under an exploration license is included in the scope of the obligation to eliminate the consequences of mining operations.
2. A person whose right of subsurface use has been terminated at an exploration site is obliged to complete the liquidation of the consequences of exploration operations at such site no later than six months after the termination of the license for exploration of solid minerals.
At the request of the said person, the authorized body in the field of solid minerals shall extend the period for the elimination of the consequences of exploration operations for a period of up to six months from the date of expiry of the period provided for in part one of this paragraph, if the liquidation was impossible or significantly impeded due to weather and (or) climatic conditions.
3. Liquidation of the consequences of operations for exploration of solid minerals in a part of the exploration site that the subsurface user has abandoned in accordance with Article 199 of this Code shall be carried out before such refusal.
4. If the subsurface user has not carried out operations for exploration of solid minerals at the exploration site or part of the exploration site that the subsurface user has abandoned, or the operations were carried out without disturbing the earth's surface (bottom of reservoirs), liquidation work is not required at such exploration site or part of the exploration site.
In this case, an act of inspection of the exploration site (part of the exploration site) is drawn up, confirming the absence of the need for liquidation work, which is signed by the persons specified in paragraph 5 of this Article.
5. The liquidation of the consequences of exploration operations at the exploration site (part of it) is considered completed from the date of signing the liquidation act. The liquidation act is signed by a commission established by the relevant local executive body of the region, city of republican significance or capital from among its representatives and representatives of authorized state bodies in the field of environmental protection and industrial safety, and the subsurface user (the person whose right of subsurface use has been terminated, if any). If liquidation is carried out on a land plot that is privately owned, permanent or long-term temporary paid land use, the liquidation act is also signed by the owner of the land plot or the land user.
6. The signing of the act of liquidation of the consequences of exploration operations is the basis for entering relevant information into the unified cadastre of the state subsoil fund in order to subsequently grant the right of subsurface use to other persons.
The footnote. Article 197 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 03/01/2021).
President
Republic of Kazakhstan
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