Article 218. Elimination of consequences of operations on extraction of solid minerals Code on Subsoil and Subsoil Use Republic of Kazakhstan

Home / RLA / Article 218. Elimination of consequences of operations on extraction of solid minerals Code on Subsoil and Subsoil Use Republic of Kazakhstan

1. The liquidation of the consequences of operations for the extraction of solid minerals is carried out in accordance with the liquidation project developed on the basis of the liquidation plan.

2. The subsurface user is obliged to ensure the development, coordination, examination and approval in accordance with the land legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan of a project to eliminate the consequences of mining solid minerals no later than two years before the expiration of the license.

In the event of abandonment of all or part of a mining site, a project to eliminate the consequences of mining solid minerals shall be developed, agreed upon, subject to examination and approval prior to such abandonment, unless the need to eliminate such consequences follows from the provisions of part five of this paragraph.

If the license for the extraction of solid minerals has been terminated for other reasons, the person whose right of subsurface use has been terminated is obliged to ensure the development and approval of a project to eliminate the consequences of mining solid minerals no later than eight months from the date of termination of the license.

The elimination of the consequences of operations for the extraction of solid minerals in a part of the mining site, which the subsurface user has abandoned in accordance with Article 220 of this Code, is carried out before such refusal. Mining operations or other use of a part of such a site during the period after the completion of liquidation and until its exclusion from the mining license is prohibited.

If the use of a part of the mining site that the subsurface user refused was carried out without operations provided for by the mining license and violations of the earth's surface (bottom of reservoirs), liquidation work on a part of the mining site is not required. In this case, an inspection report shall be drawn up confirming the absence of the need for liquidation work, which shall be signed by the persons specified in paragraph 4 of this article.

3. A person whose right of subsurface use has been terminated at a mining site is obliged to begin eliminating the consequences of mining operations no later than eight months from the date of such termination. During this period, the specified person has the right to remove extracted solid minerals from the territory of the subsurface area. Upon the expiration of eight months after the termination of the license, solid minerals that have not been removed from the territory of the mining site are recognized as included in the subsurface and are subject to liquidation in accordance with this article.

4. The liquidation of the consequences of mining operations at the mining site (part of it) is considered completed after the signing of 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, industrial safety, the state body in the field of sanitary and epidemiological welfare of the population, and the subsoil user (the person whose right of subsoil 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.

5. The signing of the act of liquidation of the consequences of operations for the extraction of solid minerals (survey act) is the basis for entering relevant information into the unified cadastre of the state subsoil fund for the subsequent granting of the right of subsurface use to other persons.

6. The provisions of this article shall not apply in the event of termination of the right of subsurface use in a mining area or a part thereof where no mining operations have been carried out requiring the elimination of their consequences. In the case of exploration operations at this site, the elimination of their consequences is carried out in accordance with Article 197 of this Code.

The footnote. Article 218 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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