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On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" on issues of radioactive waste management and improvement of regulation of subsoil use operations

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" on issues of radioactive waste management and improvement of regulation of subsoil use operations

The Law of the Republic of Kazakhstan dated July 7, 2026 No. 337-VIII SAM

 

Article 1. To make the following amendments and additions to the Code of the Republic of Kazakhstan dated December 27, 2017 "On Subsoil and Subsoil Use":

     1) the first and second parts of paragraph 4 of Article 13 shall be worded as follows:

     "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 a license for the exploration of solid minerals, a contract for the exploration of uranium in a subsurface area suitable for open-pit or underground mining, a license for the extraction of solid minerals, a contract for the extraction of uranium in a deposit suitable for open-pit or underground mining, 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, a contract for the extraction of uranium at a deposit suitable for open-pit or underground mining, or a license to use subsurface space.";

     2) in paragraphs 1 and 2 of Article 28-1, the word "extraction" should be deleted;

     "3)"in paragraph 3 of Article 35, the words "uranium mining" should be replaced by the words "exploration or extraction of uranium".;

     4) in article 36:

     Paragraph 1-1 should be supplemented with subparagraph 4-1) as follows:

     "4-1) a standard contract for uranium exploration;";

     subitems 11) and 12) of the first part of paragraph 2 should be worded as follows:

     "11) obligations of the subsurface user to comply with the procedure for the purchase of goods, works and services used in the exploration or production of hydrocarbons, exploration or production of uranium, determined by the authorized bodies in the field of hydrocarbons and uranium;

     12) the responsibility of the subsurface user for violation of contractual obligations, including violation of the basic design documents for the exploration and production of hydrocarbons, exploration or production of uranium, referred to by this Code as contractual obligations, as well as for violation of the obligation to comply with the subsurface user and (or) his contractors established procedure for the purchase of goods, works and services during exploration operations or the extraction of hydrocarbons, exploration or extraction of uranium;";

     "5)"in subparagraph 3) of the third part of paragraph 3 of Article 40, the words "uranium mining" should be replaced by the words "exploration or extraction of uranium".;

     "6)"in the first part of paragraph 1 of Article 41, the words "uranium mining" should be replaced by the words "exploration or extraction of uranium".;

     "7") paragraph 3 of article 42 after the word "court" should be supplemented with the word "(arbitration)".;

     8) in article 44:

     in paragraph 2:

     ""In subparagraph 5), replace the words "one percent" with the words "twenty-five percent".;

     add subparagraph 16) as follows:

     "16) transfer of owned shares, units and other securities (financial instruments) related to the right of subsurface use, which do not grant their owner the right to vote and the right to participate in the management of the subsurface user (or a person directly or indirectly controlling the subsurface user).

     At the same time, if any passive investor acquires control over a subsurface user, including by obtaining the right to more than twenty-five percent of his net income, the requirement remains to notify the competent authority in accordance with Article 47 of this Code.";

     Paragraph 4 should be worded as follows:

     "4. Transactions on the transfer of the right of subsurface use, objects related to the right of subsurface use, committed without the permission of the competent authority, as well as upon expiration of the permit, may be declared invalid by the court at the request of the competent authority.";

     "9") in subparagraph 4) of paragraph 2 of Article 45, the words "uranium mining" should be replaced by the words "exploration or extraction of uranium".;

     10) in article 60:

     Replace "executive" with "State" in Part one;

     in part two:

     Add "," to the first paragraph after the words "solid minerals".;

     Replace "uranium" in subparagraph 3) with the words "exploration and production of uranium".;

     In subparagraph 4), the word "extraction" should be deleted.;

     11) in article 61:

     Replace "uranium" in subparagraph 5) with the words "exploration and production of uranium".;

     ""in subparagraph 6), the words "uranium mining and" should be replaced by the words "exploration and production of uranium, mining";

     In subparagraph 6-2), the word "extraction" should be deleted;

     12) in subparagraph 11-2) of Article 62, the word "extraction" should be deleted;

     13) in article 63:

     In the title, the first paragraph, sub-paragraphs 1) and 2), the word "mining" should be deleted.;

     Replace "uranium" with the word "uranium" in subparagraph 3).;

     ""In subparagraph 3-1), the words "uranium mining" should be replaced by the words "uranium mining".;

     Subparagraph 3-2) should be worded as follows:

     "3-2) the formation and maintenance of a register of goods, works and services used in conducting operations on subsurface use of uranium, and their producers, including criteria for their assessment for inclusion in this register in the manner determined by the authorized body in the field of uranium;";

     ""In subparagraph 4), the words "uranium mining" should be replaced by the words "uranium mining".;

     ""in subparagraph 5), replace the words "for uranium mining" with the words "for uranium".;

     ""in subparagraph 6), replace the words "during uranium mining" with the words "during operations for the subsurface use of uranium".;

     ""In subparagraph 7), the words "uranium mining" should be replaced by the words "uranium mining".;

     14) in paragraph 1 of article 67:

     In subparagraph 2), the words "and uranium mining" should be deleted.;

     add subparagraph 3) as follows:

     "3) conducting operations on subsurface use of uranium.";

     15) in paragraph 3 of article 70:

     Add ""solid minerals"" to subparagraph 3) of the first part after the word "hydrocarbons".;

     In part three:

     "Add ", solid minerals" to the first paragraph after the word "hydrocarbons".;

     add subparagraph 1-1) as follows:

     "1-1) for the issuance of a license for exploration or extraction of solid minerals – three consecutive years from the date of transfer of the relevant territory in the state subsoil fund management program from the auction category to the category of territory intended to grant the right of subsurface use only to a national company in the field of solid minerals;";

     Subparagraph 2) should be worded as follows:

     "2) to conclude a contract for the exploration of uranium – a territory with uranium mining and (or) uranium deposits;";

     Replace "for"uranium mining" with the words "for exploration or production of uranium" in subparagraph 3).;

     16) add paragraph 10 to article 74 as follows:

     "10. The draft of the state geological survey of the subsurface is subject to a comprehensive examination in accordance with the procedure determined by the authorized body for the study of the subsurface.

     Expert opinions issued based on the results of a comprehensive examination should become the basis for approving the reviewed projects of the state geological survey of the subsurface.

     The approval and implementation of projects for the state geological survey of the subsurface without a positive conclusion of a comprehensive examination is not allowed.";

     17) in the second part of paragraph 3 of Article 79, the word "extraction" should be deleted;

     18) in article 116:

     ""in the first part of paragraph 1, the words "including their trial operation" should be replaced by the words "including the temporary operation of drilled wells and trial operation".;

     ""In parts two and three of paragraph 2, the words "including trial operation" should be replaced by the words "including temporary operation of drilled wells and trial operation".;

     19) in article 121:

     ""in paragraph 4, the words "including their trial operation" should be replaced by the words "including their temporary and trial operation".;

     Add the words ", as well as temporary operation of drilled wells" to paragraph 6;

     add paragraphs 6-1 and 6-2 as follows:

     "6-1. The temporary operation of wells is the operation of drilled wells carried out during the exploration period for a period of more than ninety days.

     6-2. A gentle mode of operation of a drilled well is recognized as the mode of its operation during exploration, which ensures the rational and safe use of the subsoil in accordance with the technological criteria provided for by the uniform rules for the rational and integrated use of the subsoil.";

     20) add paragraph 11-1 to Article 123 as follows:

     "11-1. In case of discovery of a hydrocarbon deposit, the subsurface user has the right to temporarily operate the drilled well by extending its testing for a period of more than ninety days during the exploration period.

     Temporary operation is allowed subject to the development and approval of a program for the development of crude gas processing in accordance with Article 147 of this Code, if the results of well testing reveal the presence of crude gas in the oil.

     In the absence of crude gas in the oil, according to the test results of the well, its temporary operation is allowed under the conditions of using the most gentle (with minimal hydrocarbon production) and safe operating mode of the well. In this case, the subsurface user is obliged to notify the authorized body in the field of hydrocarbons about the start of temporary operation of the well, indicating the planned operating mode of the well. A report on the well test results is attached to the notification.

     The specifics of establishing the operating mode of a well during temporary operation are determined by uniform rules for the rational and integrated use of subsurface resources.

The authorized body in the field of hydrocarbons has the right to prohibit the temporary operation of a drilled well if such operation is carried out in violation of the program for the development of crude gas processing and (or) the requirements of uniform rules for the rational and integrated use of subsurface resources.";

     21) in article 125:

     "Paragraph 1" after the words "trial operation project" should be supplemented with the words "exploration project for temporary operation of the drilled well during the exploration period".;

     "Paragraph 3" after the words "field development" should be supplemented with the words "exploration project for temporary operation of the drilled well during the exploration period".;

     22) in article 147:

     Add ""and also the temporary operation of drilled wells during the exploration period" to the first part of paragraph 2 after the words "hydrocarbon production".;

     The first part of paragraph 3 should be worded as follows:

     "3. In order to rationalize the use of crude gas and reduce the harmful effects on the environment, subsurface users are required to develop programs for the development of crude gas processing in accordance with the form approved by the authorized body in the field of hydrocarbons. A program for the development of crude gas processing is being developed:

     1) on the basis of the expertise of the basic project document or the development analysis provided for by this Code and other laws of the Republic of Kazakhstan approved by the subsurface user and received a positive conclusion.;

     2) during the temporary operation of a drilled well in the case of the presence of crude gas in the oil. In this case, the crude gas processing development program should provide for the operation of the well using the most gentle (with minimal hydrocarbon production) and safe mode.";

     replace "deposits" and "deposits and (or)" with the words "deposits and (or)" in the second part of paragraph 4.;

     Replace "deposits" and "deposits and (or)" with the words "deposits and (or)" in paragraph 5.;

     Paragraph 7 should be worded as follows:

     "7. It is prohibited to inject crude gas into the reservoir that is not provided for by the field development project and (or) the program for the development of crude gas processing, as well as carried out in violation of the field development project and (or) the program for the development of crude gas processing.";

     23) the title of section VIII should read as follows:

     "Section VIII. Exploration and production of uranium";

     "24") in the title of Chapter 22, replace the words "for the extraction of uranium" with the words "for uranium".;

     "25") in the heading of paragraph 1, replace the words "for the extraction of uranium" with the words "for uranium".;

     26) in article 160:

     Replace "for"uranium mining" with "for" in the title.;

     Replace "production" in paragraph 2 with "exploration or production";

     ""in the first part of paragraph 3, the words "for production" should be replaced by the words "for production in a field suitable for mining by the method of underground borehole leaching";

     add paragraph 4 as follows:

     "4. The right of subsurface use in a deposit suitable for open-pit or underground mining (share in the right of subsurface use), granted to a national company in the field of uranium on the basis of direct negotiations, may be transferred only to a legal entity, more than fifty percent of the shares (participation interests) in which are directly or indirectly owned by the national company in areas of uranium.

     In any subsequent transfer, such a legal entity has the right to transfer the obtained right of subsurface use (a share in the right of subsurface use) only to a legal entity in which the national uranium company directly or indirectly owns more than fifty percent of the shares (participation interests).";

     "27") in paragraph 1 of Article 161, the words "uranium mining" should be replaced by the words "exploration or extraction of uranium".;

     28) in article 162:

     In paragraph 1, the words "for mining" should be deleted;

     Replace "mining" with "subsurface use" in paragraph 3.;

     in the first part of paragraph 5:

     Replace "mining" with "subsurface use" in the first paragraph;

     Subparagraph 2) should be worded as follows:

     "2) is obliged under uranium mining contracts to ensure the development of a project for pilot or industrial production of uranium and its expertise in accordance with this Code;";

     add subparagraph 2-1) as follows:

     "2-1) is obliged under uranium exploration contracts to ensure the development of an exploration project and its examination in accordance with this Code;";

     Replace "for"uranium mining" with the words "for exploration or production of uranium" in subparagraph 3).;

     Paragraph 6 should be worded as follows:

     "6. The competent authority, within twenty working days from the date of receipt of the subsoil use contract and confirmation of payment of the subscription bonus, concludes a contract for the exploration or extraction of uranium and sends a copy(s) to the national uranium company.";

     29) the heading of paragraph 2 should read as follows:

     "Paragraph 2. Termination of the right of subsurface use of uranium";

     30) Article 163 should be worded as follows:

     "Article 163. Early termination by the competent authority of a contract for the subsurface use of uranium

     1. The competent authority shall notify the subsurface user in writing of the violation in the following cases::

     1) failure to submit or knowingly unreliable reports provided for in Article 180 of this Code;

     2) the fulfillment by the subsurface user of the financial obligations established by the uranium mining contract by less than thirty percent for the reporting year;

     3) conducting operations for the exploration or extraction of uranium related to the violation of the integrity of the Earth's surface, without forming the amount of collateral in accordance with the established schedule or in violation of the schedule for the formation of the amount of collateral;

     4) in other cases of violation by the subsurface user of the obligations established by the subsurface use contract.

     The subsurface user is obliged to eliminate the violations specified in subitems 1), 2) and 3) of part one of this paragraph within three months from the date of receipt of the notification of the violation, and violations of other obligations established by the subsurface use contract – within the time period specified in the notification, and notify the competent authority in writing with an appendix documents confirming the removal.

     If the subsurface user fails to eliminate one of the violations specified in subitems 1), 2) and 3) of Part one of this paragraph within a three-month period, as well as if more than two violations of other obligations established by the subsurface use contract are not eliminated within the period specified in the notification of the competent authority, the competent authority has the right to terminate the subsurface use contract unilaterally. I'm fine.

     2. The uranium subsurface use contract shall terminate prematurely in the following cases::

     1) if, according to the results of exploration work under the uranium exploration contract, the subsurface user has not identified uranium mineralization and (or) uranium deposits, confirmed by the authorized body for the study of the subsurface;

     2) the return by the subsurface user of the entire subsurface area before the expiration of the contract;

     3) early termination of the subsoil use contract by the competent authority unilaterally in the cases provided for in this article.

     3. The competent authority terminates the subsoil use contract ahead of schedule unilaterally in the following cases::

     1) the entry into force of a court decision banning subsurface use activities;

     2) conducting subsurface use operations on uranium without the relevant project documents approved by the subsurface user and having received positive conclusions provided for in this Code.;

     3) the full development by the subsurface user of the recoverable uranium reserves provided for as of January 1, 2024 by the work program of the subsurface use contract or the project document, with the exception of the cases provided for in paragraph 9 of Article 176 of this Code.;

     4) non-fulfillment or late fulfillment of obligations specified in paragraph 5-1 of Article 173 of this Code;

     5) violations by the subsurface user of the requirements of this Code related to the transfer of the right of subsurface use and objects related to the right of subsurface use.

     4. Early termination of a subsurface use contract is unilaterally carried out by the competent authority by sending a written notification to the subsurface user.

     The contract shall terminate upon the expiration of two months from the date of receipt by the subsurface user of such notification.

     5. The subsurface user has the right to challenge the legality of the premature termination of the subsurface use contract by the competent authority in court within two months from the date of receipt of the notification. In the case of a subsurface user's appeal to the court, the period specified in paragraph 4 of this article shall be suspended until the court's decision enters into legal force.

     6. By decision of the Government of the Republic of Kazakhstan, the competent authority has the right to terminate unilaterally a subsoil use contract ahead of schedule, including one concluded before the entry into force of this Code, if the actions of a subsurface user during operations on subsurface use in a subsoil area of strategic importance lead to a change in the economic interests of the Republic of Kazakhstan, posing a threat to national security..

     In case of unilateral termination of the contract on the specified grounds, the competent authority must notify the subsurface user no later than two months in advance.

7. If the actions of a subsurface user when conducting subsurface use operations in relation to subsurface areas of strategic importance lead to a change in the economic interests of the Republic of Kazakhstan that poses a threat to national security, the competent authority has the right to require changes and (or) additions to the terms of the contract, including those concluded before the entry into force of this Code, with to restore the economic interests of the Republic of Kazakhstan.

     The competent authority has the right to terminate such a subsurface use contract unilaterally if:

     1) within two months from the date of receipt of the notification from the competent authority on the amendment and (or) addition of the terms of the contract, the subsurface user does not confirm in writing his consent to conduct negotiations on the amendment and (or) addition of the terms of the contract or refuses to conduct them.;

     2) within a period of up to four months from the date of receipt of the consent of the subsurface user to conduct negotiations on changing and (or) supplementing the terms of the contract, the parties will not reach an agreement on changing and (or) supplementing the terms of the contract;

     3) within six months from the date of reaching an agreed decision to restore the economic interests of the Republic of Kazakhstan, the parties will not sign an amendment and (or) addition to the terms of the contract.";

     31) in article 164:

     Replace "for"uranium mining" with "for" in the title.;

     points 1, 2, 3, 4, 5, 6 and 8 should be worded as follows:

     "1. From the date of termination of the contract for the subsurface use of uranium, the section (sections) of the subsoil, fixed (fixed) in such a contract, is (are) returned (returned) to the state.

     2. From the date of completion of the exploration or production period, the exploration or production site(s) is (are) returned (returned) to the State.

     If two or more exploration or production sites are fixed in the contract for the exploration or production of uranium, then from the date of completion of the exploration or production period for one of the exploration or production sites, such site is returned to the state.

     3. Upon termination of the uranium subsurface use contract, the competent authority shall notify the subsurface user of one of the following decisions::

     1) eliminate the consequences of subsurface use in such a subsurface area;

     2) to carry out the conservation of the subsurface area;

     3) transfer the subsurface area to the trust management of a national uranium company.

     4. The notification is sent within the following time limits:

     1) in case of expiration of the subsoil use contract at the end of the exploration or production period – no later than two months before such completion;

     2) in case of early termination of the subsurface use contract by the competent authority unilaterally – simultaneously with sending a notification of early termination of the subsurface use contract.;

     3) in case of termination of the contract for subsurface use by agreement of the parties – simultaneously with the signing of the agreement on termination of the contract.

     5. A person who has received a notification from the competent authority about the decision to eliminate the consequences of subsurface use in a subsurface area or to carry out conservation of a subsurface area:

     1) is obliged to terminate subsurface use operations in the subsurface area, with the exception of operations, the immediate termination of which is associated with the threat of emergency situations. Termination of such operations must be carried out within two months from the date of receipt of the notification.;

     2) is obliged to immediately begin work on eliminating the consequences of subsurface use or conservation of a subsurface area in accordance with the requirements established by this Code immediately after approval and receipt of positive conclusions of the expertise provided for in this Code.;

     3) has the right to remove the uranium extracted by him, as well as equipment and other property owned by him, within six months from the date of receipt of the notification. Equipment and other property not exported within the specified period are subject to liquidation or conservation in accordance with the requirements established by this Code.

     6. In the absence of the former subsurface user or his evasion from fulfilling the obligation provided for in subparagraph 2) According to paragraph 5 of this Article, work on eliminating the consequences of subsurface use or conservation of a subsurface area is carried out at the expense of security funds.

     At the same time, in the case specified in subparagraph 1) of paragraph 4 of this article, the authorized body in the field of uranium has the right to foreclose on the collateral in full, and in the case specified in subparagraph 2) of paragraph 4 of this article, in the amount of the actual costs incurred for carrying out work on the conservation of a subsurface area.";

     "8. In the case provided for in subparagraph 3) paragraph 3 of this Article, the equipment and other property specified in subparagraph 1) of paragraph 7 of this article, from the date of conclusion of the uranium mining contract, shall become the property of a new subsurface user, who shall pay to the former subsurface user the cost of such equipment and property in the amount determined on the basis of the value of transferred fixed and depreciable assets according to tax accounting data, in in the following order:

     The value of the transferred fixed assets is determined in the amount of the value reflected in the tax accounting at the end of the tax period preceding the tax period in which the transfer of the property of the subsurface user takes place, reduced by the amount of calculated depreciation charges for the tax period preceding the tax period in which such transfer takes place. The specified value of transferred fixed assets is also reduced by the amount of retired fixed assets in the tax period in which such transfer of such equipment and other property of the subsurface user takes place.;

     the value of the transferred group of depreciable assets created during the preparation of production blocks (landfills) for uranium extraction by underground well leaching in the period after the start of production after commercial discovery is determined in the amount of the value reflected in tax accounting on the date of termination of the right of subsurface use under the contract for mining and (or) exploration or extraction of uranium.

     In case of absence of the value of the transferred fixed and depreciable assets or non-fulfillment of the obligations specified in subparagraph 2) of the first part of paragraph 5-1 of Article 173 of this Code, the transfer of equipment and other property is carried out free of charge.";

     32) the title of chapter 23 should be worded as follows:

     "Chapter 23. Sites and territories of uranium exploration and production";

     33) Articles 166 and 167 should be worded as follows:

     "Article 166. Subsurface areas provided for conducting subsurface use operations for uranium

     1. Subsurface areas for exploration or extraction of uranium are provided to the national uranium company on the basis of direct negotiations.

     2. The spatial boundaries of the subsurface area on which the national uranium company has the right to conduct operations for the exploration or extraction of uranium in accordance with the contract for the exploration or extraction of uranium are established in the annex to such a contract, which is an integral part of it, taking into account the following:

     1) the initial spatial boundaries of a uranium exploration or production site under a uranium exploration or production contract are determined in accordance with the State subsoil fund management program.;

     2) the spatial boundaries of the uranium mining site(s) (with the exception of the upper boundary) are established on the basis of the contours of the deposit, determined in accordance with the report on the calculation of geological reserves approved by the subsurface user and received a positive conclusion from the state expertise of the subsurface.

     If several separate deposits are discovered within the exploration area, the spatial boundaries of the subsurface area are established for each individual deposit.;

     3) the spatial boundaries of the subsurface area requested for the purpose of enlarging the initial subsurface area under a contract for exploration or extraction of uranium shall be determined in agreement with the authorized body in the field of subsurface exploration (for the freedom of the requested subsurface area from subsurface use) in accordance with the expertise approved by the subsurface user and received positive conclusions provided for by this Code and other laws of the Republic of Kazakhstan an addendum to the relevant project document, establishing the intended contours of the discovered deposit (set of deposits);

     4) the spatial boundaries of the uranium exploration or extraction site remaining with the subsurface user after the reduction of the subsurface area by returning it to the state in accordance with Article 170 of this Code shall be determined by the subsurface user.

     3. Subsurface areas for the exploration or extraction of uranium are limited by the depth of the deposits and (or) mineralization of uranium found within them.

     4. A contract for the exploration or extraction of uranium may provide for several subsurface areas.

     5. The size of the subsurface plots provided to a national company in the field of uranium on the basis of direct negotiations within the framework of a single contract for the exploration or extraction of uranium in total may not exceed two hundred blocks.

     6. Subsurface areas for uranium exploration suitable for mining by the method of underground borehole leaching are provided only to a national company in the field of uranium.

     7. The exploration of uranium in subsurface areas suitable for open-pit or underground mining is carried out by the national uranium company on the basis of the exploration program approved by the authorized body in the field of uranium.

     Article 167. Provision of a subsoil plot

1. From the date of registration of the contract for the exploration or extraction of uranium, a subsurface area is transferred to the use of a subsurface user.

     2. The conclusion of a contract for the exploration or extraction of uranium or an addendum to the contract for the exploration or extraction of uranium, providing for the consolidation of the site and (or) the period of pilot production and the period of extraction, is the basis for granting the subsoil user the right of land use for the land he needs in accordance with the land legislation of the Republic of Kazakhstan.";

     34) in article 169:

     in paragraph 1:

     ""In the first paragraph, replace the words "uranium mining" with the words "uranium mining".;

     Sub-paragraphs 2), 3) and 4) should be worded as follows:

     "2) the requested subsurface area is free from uranium subsurface use, except in the case when the subsurface area is in use under a uranium subsurface use contract with the same person;

     3) a subsurface area is requested along the contour, within which the contours of the discovered uranium deposits and (or) uranium deposits are located, as established in the project document approved by the subsurface user and which has received positive conclusions from the examinations provided for in this Code.;

     4) there are no violations of obligations under the subsoil use contract that have not been eliminated by the subsurface user, as indicated in the notification of the competent authority.";

     Replace "mining" with "subsurface use" in subparagraph 2) of paragraph 2.;

     in paragraph 3:

     Subparagraph 2) should be worded as follows:

     "2) a report by a competent person on reserves or a report on the calculation of reserves or resources for the requested site;";

     add subparagraph 3) as follows:

     "3) in case of an increase in the exploration area, a program of additional work approved by the subsurface user and containing the volume, description and deadlines for the work that the subsurface user undertakes to perform on the requested subsurface area, proportionally meeting the minimum requirements for the volume and types of work on the subsurface area during exploration, which were established upon receipt by the applicant of the right of subsurface use.

     In the case provided for in subparagraph 2) paragraph 1 of this article, if the entire expandable subsurface area or part of it is located within the boundaries of another subsurface area used under a uranium subsurface use contract by the same person, an addendum to the subsurface use contract providing for a proportionate reduction of the subsurface area shall also be attached to the application.";

     Paragraphs 6 and 7 should be worded as follows:

     "6. The competent authority, within ten working days from the date of receipt from the applicant of confirmation of payment of the subscription bonus, concludes with the applicant an addendum to the subsurface use contract and sends the applicant a signed copy of it.

     7. An increase in the subsurface area is not a reason for an increase in the exploration or production period under a subsurface use contract.";

     35) in article 170:

     in paragraph 1:

     Replace "uranium" in the first paragraph with the words "exploration or extraction of uranium".;

     ""in subparagraph 4), the words "for uranium mining" should be replaced by the words "for subsurface use";

     ""in subparagraph 2) of paragraph 2, paragraphs 6 and 7, the words "for uranium mining" should be replaced by the words "for subsurface use";

     36) the title of chapter 24 should be worded as follows:

     "Chapter 24. Periods of exploration and production of uranium";

     37) add articles 170-1 and 170-2 to Chapter 24 as follows:

     "Article 170-1. The period of uranium exploration

     1. The duration of the exploration period when concluding a contract for the exploration of uranium in a subsurface area is no more than six consecutive years. During the specified period, the subsurface user has the right to carry out any work on the exploration site for the search and evaluation of deposits.

     2. The exploration period is calculated from the date of registration of the uranium exploration contract.

     3. The subsurface user has the right to terminate the exploration period prematurely by returning the entire exploration site in accordance with the procedure and on the terms established by this Code.

     Article 170-2. Extension of the exploration period under the uranium exploration contract in the subsurface area

     1. The initial exploration period under a contract for uranium exploration in a subsurface area may be extended for up to five consecutive years at the request of the subsurface user.

     2. The exploration period under a uranium exploration contract in a subsurface area may be extended once for the period provided for in paragraph 1 of this article, at the request of the subsurface user, subject to the following conditions::

     1) the work provided for in the exploration period program has been completed in full.;

     2) there are no unresolved violations of obligations specified in the notification of the competent authority;

     3) the exploration period under the contract has not previously been extended in accordance with this paragraph.

     3. An application for an extension of the exploration period shall be submitted by the subsurface user to the competent authority during the exploration period.

     4. The application for the extension of the exploration period must contain:

     1) the name of the subsurface user;

     2) the number and date of registration of the uranium exploration contract;

     3) an indication of the subsurface area(s) for which an extension of the exploration period is requested;

     4) the basis and the requested period of extension of the exploration period;

     5) the requested period of extension of the exploration period, determined on the basis of the relevant design documents for the subsurface area, but not more than five consecutive years.

     5. The application for extension of the exploration period under the contracts is accompanied by:

     1) a program of additional work approved by the subsurface user and containing the volume, description and timing of additional work that the subsurface user undertakes to perform in the relevant subsurface area in the event of an extension of the exploration period;

     2) an addendum to the contract signed by the subsurface user, which provides:

     extension of the exploration period;

     the obligation of the subsurface user to implement the program of additional work specified in subparagraph 1) of this paragraph and attached to the contract as an integral part of it.

     6. If, during the period of consideration by the competent authority of the application for the subsurface area indicated in the application, the exploration period has ended, the uranium exploration contract continues to apply to such a subsurface area for the period of consideration of the application.

     At the same time, during the specified period, the subsurface user is prohibited from conducting subsurface use operations on the subsurface area specified in the application.

     7. The application is subject to consideration within twenty working days from the date of its receipt by the competent authority. Based on the results of the examination of the application, the competent authority decides on the extension of the exploration period or refuses to extend it.

     8. The competent authority refuses to extend the exploration period in the following cases::

     1) non-compliance of the application with the requirements established by this Code;

     2) the absence of grounds for extending the exploration period provided for in paragraphs 1 to 3 of this Article;

     3) if the subsurface user has not eliminated violations of obligations under the subsurface use contract specified in the notification of the competent authority.

     The refusal of the competent authority to extend the exploration period does not deprive the subsurface user of the right to submit a second application during the exploration period.

     9. Within twenty working days from the date of the decision on the extension, the competent authority shall conclude with the applicant an appropriate addendum to the uranium exploration contract and send the applicant a signed copy of it.";

     38) paragraph 5-1 of Article 173 should be supplemented with the following part four:

     "Taking into account the national interests of the Republic of Kazakhstan, the competent authority, after receiving the approval of the Government of the Republic of Kazakhstan, has the right to decide on extending the period of uranium mining, provided that the provisions of the uranium mining contract and individual agreements contain commensurate obligations not provided for in part one of this paragraph related to ensuring national security and (or) the implementation of strategic projects with national significance. value for the state, proposed by a foreign participant (shareholder) of a joint venture for uranium mining and (or) a foreign government.";

     39) in article 174:

     add "exploration" to the title after the words "integrated use of subsurface resources at";

     Paragraph 1 should be worded as follows:

     "1. The mandatory conditions for the exploration and production of uranium are:

     1) ensuring the protection of the subsoil;

     2) rational and economically efficient use of subsurface resources based on the use of high technologies and good practices of subsurface use;

     3) compliance with the requirements of the environmental legislation of the Republic of Kazakhstan.

     A positive practice of using subsurface resources is understood as a generally accepted international practice applied in conducting subsurface use operations, which is rational, safe, necessary and economically effective.";

     Replace "for "mining" with the words "for subsurface use" in sub-paragraphs 1) and 7) of paragraph 3;

     Paragraph 4 should be worded as follows:

     "4. When designing and carrying out work on the exploration and development of uranium deposits, subsurface users are obliged to comply with the requirements for the rational and integrated use and protection of the subsoil established by this Code.";

     In paragraph 5, the word "mining" should be deleted;

     Add paragraphs 6, 7 and 8 to read as follows:

     "6. The subsurface user is obliged to take into account all previously drilled wells located on the territory of the subsurface area and monitor them.

     7. The subsurface user is obliged to ensure the organization of monitoring of the state of the subsurface and control over the development of the deposit.

35) in article 170:

     in paragraph 1:

     Replace "uranium" in the first paragraph with the words "exploration or extraction of uranium".;

     ""in subparagraph 4), the words "for uranium mining" should be replaced by the words "for subsurface use";

     ""in subparagraph 2) of paragraph 2, paragraphs 6 and 7, the words "for uranium mining" should be replaced by the words "for subsurface use";

     36) the title of chapter 24 should be worded as follows:

     "Chapter 24. Periods of exploration and production of uranium";

     37) add articles 170-1 and 170-2 to Chapter 24 as follows:

     "Article 170-1. The period of uranium exploration

     1. The duration of the exploration period when concluding a contract for the exploration of uranium in a subsurface area is no more than six consecutive years. During the specified period, the subsurface user has the right to carry out any work on the exploration site for the search and evaluation of deposits.

     2. The exploration period is calculated from the date of registration of the uranium exploration contract.

     3. The subsurface user has the right to terminate the exploration period prematurely by returning the entire exploration site in accordance with the procedure and on the terms established by this Code.

     Article 170-2. Extension of the exploration period under the uranium exploration contract in the subsurface area

     1. The initial exploration period under a contract for uranium exploration in a subsurface area may be extended for up to five consecutive years at the request of the subsurface user.

     2. The exploration period under a contract for uranium exploration in a subsurface area may be extended once for the period provided for in paragraph 1 of this article, at the request of the subsurface user, subject to the following conditions::

     1) the work provided for in the exploration period program has been completed in full.;

     2) there are no unresolved violations of obligations specified in the notification of the competent authority;

     3) the exploration period under the contract has not previously been extended in accordance with this paragraph.

     3. An application for an extension of the exploration period shall be submitted by the subsurface user to the competent authority during the exploration period.

     4. The application for the extension of the exploration period must contain:

     1) the name of the subsurface user;

     2) the number and date of registration of the uranium exploration contract;

     3) an indication of the subsurface area(s) for which an extension of the exploration period is requested;

     4) the basis and the requested period of extension of the exploration period;

     5) the requested period of extension of the exploration period, determined on the basis of the relevant design documents for the subsurface area, but not more than five consecutive years.

     5. The application for extension of the exploration period under the contracts is accompanied by:

     1) a program of additional work approved by the subsurface user and containing the volume, description and timing of additional work that the subsurface user undertakes to perform in the relevant subsurface area in the event of an extension of the exploration period;

     2) an addendum to the contract signed by the subsurface user, which provides:

     extension of the exploration period;

     the obligation of the subsurface user to implement the program of additional work specified in subparagraph 1) of this paragraph and attached to the contract as an integral part of it.

     6. If, during the period of consideration by the competent authority of the application for the subsurface area indicated in the application, the exploration period has ended, the uranium exploration contract continues to apply to such a subsurface area for the period of consideration of the application.

     At the same time, during the specified period, the subsurface user is prohibited from conducting subsurface use operations on the subsurface area specified in the application.

     7. The application is subject to consideration within twenty working days from the date of its receipt by the competent authority. Based on the results of the examination of the application, the competent authority decides on the extension of the exploration period or refuses to extend it.

     8. The competent authority refuses to extend the exploration period in the following cases::

     1) non-compliance of the application with the requirements established by this Code;

     2) the absence of grounds for extending the exploration period provided for in paragraphs 1 to 3 of this Article;

     3) if the subsurface user has not eliminated violations of obligations under the subsurface use contract specified in the notification of the competent authority.

     The refusal of the competent authority to extend the exploration period does not deprive the subsurface user of the right to submit a second application during the exploration period.

     9. Within twenty working days from the date of the decision on the extension, the competent authority shall conclude with the applicant an appropriate addendum to the uranium exploration contract and send the applicant a signed copy of it.";

     38) paragraph 5-1 of Article 173 should be supplemented with the following part four:

     "Taking into account the national interests of the Republic of Kazakhstan, the competent authority, after receiving the approval of the Government of the Republic of Kazakhstan, has the right to decide on extending the period of uranium mining, provided that the provisions of the uranium mining contract and individual agreements contain commensurate obligations not provided for in part one of this paragraph related to ensuring national security and (or) the implementation of strategic projects with national significance. value for the state, proposed by a foreign participant (shareholder) of a joint venture for uranium mining and (or) a foreign government.";

     39) in article 174:

     add "exploration" to the title after the words "integrated use of subsurface resources at";

     Paragraph 1 should be worded as follows:

     "1. The mandatory conditions for the exploration and production of uranium are:

     1) ensuring the protection of the subsoil;

     2) rational and economically efficient use of subsurface resources based on the use of high technologies and good practices of subsurface use;

     3) compliance with the requirements of the environmental legislation of the Republic of Kazakhstan.

     A positive practice of using subsurface resources is understood as a generally accepted international practice applied in conducting subsurface use operations, which is rational, safe, necessary and economically effective.";

     Replace "for "mining" with the words "for subsurface use" in sub-paragraphs 1) and 7) of paragraph 3;

     Paragraph 4 should be worded as follows:

     "4. When designing and carrying out work on the exploration and development of uranium deposits, subsurface users are obliged to comply with the requirements for the rational and integrated use and protection of the subsoil established by this Code.";

     In paragraph 5, the word "mining" should be deleted;

     Add paragraphs 6, 7 and 8 to read as follows:

     "6. The subsurface user is obliged to take into account all previously drilled wells located on the territory of the subsurface area and monitor them.

     7. The subsurface user is obliged to ensure the organization of monitoring of the state of the subsurface and control over the development of the deposit.

     8. In order to ensure national security, rational use and sustainable development of the mineral resource base, the authorized body in the field of uranium has the right to make a decision to reduce the volume of uranium production unilaterally. The decision of the authorized body in the field of uranium comes into force from the moment of its official publication and is binding on the subsoil user.";

     40) the title of chapter 25 should be worded as follows:

     "Chapter 25. Conditions of uranium exploration and production";

     41) add article 174-1 to chapter 25 as follows:

     "Article 174-1. Conditions of uranium exploration

     1. Prospecting and appraisal work should be carried out in accordance with the exploration project.

     2. A subsurface user, during the exploration period and subject to the restrictions established by this Code, has the right to carry out any type of uranium exploration work on the exploration territory.

     3. Uranium exploration should be carried out using the methods and methods provided for in the exploration project, in accordance with good practices in the use of mineral resources.

     4. When conducting uranium exploration, drilling of wells provided for in the exploration project is allowed.

     5. The statement confirming the discovery must contain:

     1) the name of the subsurface user;

     2) the number and date of registration of the subsoil use contract;

     3) an indication of the location and the expected contours of the discovered deposit (set of deposits).

     6. The application must additionally be accompanied by at least one of the following documentary evidence of the discovery:

     1) the results of geophysical (radiometric, gamma logging) studies confirming the presence of uranium-bearing ores;

     2) the results of laboratory studies of rock samples confirming the industrial uranium content.

     7. The application is subject to consideration within twenty working days from the date of its receipt by the authorized body for the study of the subsoil. Based on the results of consideration of the application, the authorized body for the study of subsurface makes a decision to confirm the discovery or refuse to confirm it.

     8. The authorized body for the study of subsurface resources refuses to confirm the discovery in the case of:

     1) if the application does not comply with the requirements established by this Code;

     2) the absence or unreliability of the attached documentary evidence of the discovery.

     9. The refusal of the authorized body for the study of subsurface resources to confirm the discovery does not deprive the subsurface user of the right to submit a second application.

     10. The subsurface user, within one month from the date of confirmation of the discovery by the authorized body for the study of subsurface resources, is obliged to notify the competent authority in writing and begin developing an addendum to the exploration project providing for the assessment work.

     11. When carrying out exploration work, the subsurface user is obliged to ensure:

1) the optimality of the technical means used in conducting exploration in accordance with the studied object of subsurface use;

     2) timely and reliable reflection of all the details of the work, the data obtained and the research results in the geological documentation.";

     "42") in paragraph 9 of article 176, the words "subitems 1) and 2) of the first part of paragraph 5-1" should be replaced by the words "paragraph 5-1".;

     43) in article 177:

     Replace "uranium" in the title with the words "subsurface use of uranium".;

     Paragraph 1 should be worded as follows:

     "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.";

     add paragraph 1-1 as follows:

     "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 part of it 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.";

     Paragraph 3 should be worded as follows:

     "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 set by the project for the elimination of the consequences of subsurface use of uranium.";

     in paragraph 4:

     in part one:

     ""In the first paragraph, replace the words "uranium mining" with the words "uranium mining".;

     Replace "mining" with "subsurface use" in subparagraph 4);

     add the following part of the third:

     "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 to subsurface use has been terminated in the relevant subsurface area, the obligations to eliminate the identified violations are assigned to the national uranium company.";

     Replace "uranium" with "subsurface use" in paragraph 5.;

     add paragraph 5-1 as follows:

     "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.";

     Paragraph 6 should be worded as follows:

     "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.";

     ""In paragraph 9, the words "for uranium mining" should be replaced by the words "for subsurface use".;

     add paragraphs 10 and 11 as follows:

     "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 impeded 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.";

     44) in article 178:

     Replace "authority" in the field of uranium mining with the words "authority in the field of uranium";

     ""in the amount of one percent" shall be replaced by the words "in the amount of not less than one percent" in subitems 1), 2) and 3) of paragraph 1.;

     Delete paragraph 3;

     45) in article 179:

     Replace "uranium" in the title with "exploration or production of uranium".;

     in paragraph 1:

     Replace "uranium" with "exploration or production of uranium".;

     In part five, the word "mining" should be deleted.;

     In paragraph 2, the word "mining" should be deleted;

     in subparagraph 2) of paragraph 3:

     Replace "uranium" with "exploration or production of uranium".;

     The word "mining" should be deleted;

     In paragraph 6, the word "mining" should be deleted;

     add paragraph 8 as follows:

     "8. The expenses of the subsurface users specified in subparagraph 2) of paragraph 7 of this Article incurred in violation of the procedure for the purchase of goods, works and services determined by the national managing holding company shall be excluded from the expenses considered by the competent authority as the fulfillment of contractual obligations by the relevant subsurface user, based on the information contained in the annual report (information) on the national management holding company submits the procurement report to the competent authority annually no later than January 25 of the year following the reporting year.";

     46) Article 180 should be worded as follows:

     "Article 180. Reporting of the subsurface user during exploration, pilot production and uranium mining

     1. Under uranium exploration contracts, the subsurface user is required to submit the following periodic reports:

     1) report on the fulfillment of contractual obligations;

     2) a report on the purchased goods, works and services, as well as the amount of in-country value in them;

     3) Report on the in-country value in personnel;

     4) a report on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user;

     5) Geological reports.

     The reports provided for in subparagraphs 1) to 4) of part one of this paragraph shall be submitted to the competent authority in accordance with the procedure approved by it.

     The report provided for in subparagraph 5) of part one of this paragraph shall be submitted to the authorized body for the study of subsurface resources in accordance with the procedure approved by it.

     2. Under the uranium mining contract, the subsurface user is required to submit the following reports:

     1) Geological report;

     2) a report by a competent person on reserves prepared in accordance with the Kazakhstan Code of Public Reporting on Exploration Results, Mineral Resources and Mineral Reserves (KAZRC Code), or a report on the calculation of reserves;

     3) report on the fulfillment of contractual conditions;

     4) a report on the operations carried out for pilot production of uranium and their costs;

     5) a report on uranium mining operations and their costs;

     6) Report on the in-country value in personnel;

     7) report on the costs of financing the training of Kazakhstani personnel;

     8) a report on expenses for research, scientific, technical and development work;

     9) Uranium mining report;

     10) a report on the purchased goods, works and services, as well as the amount of in-country value in them;

     11) a report on the composition of persons and (or) organizations directly or indirectly controlling the subsurface user.

     The reports provided for in subitems 1) and 2) of part one of this paragraph shall be submitted to the authorized body for the study of subsurface resources in accordance with the procedure approved by it.

     The reports provided for in subparagraphs 3) – 5) of part one of this paragraph shall be submitted to the competent authority in accordance with the procedure approved by it.

     The reports provided for in subparagraphs 6) – 11) of part one of this paragraph shall be submitted to the authorized body in the field of uranium in the forms and in the manner approved by it.";

     """"""47) in the title and text of Article 181, the words "for the extraction of uranium" and "for the extraction of uranium" should be replaced, respectively, with the words "for subsurface use" and "for subsurface use".;

     48) the title of chapter 26 should be worded as follows:

     "Chapter 26. Project documents in the field of subsoil use for uranium";

     49) in article 182:

     ""in the field of uranium mining" should be replaced with the words "in the field of uranium mining" in the title.;

     in paragraph 1:

     ""In the first paragraph, replace the words "in the field of uranium mining" with the words "in the field of uranium mining".;

     add subparagraph 4) as follows:

     "4) Exploration project.";

""In paragraphs 2 and 4, the words "in the field of uranium mining" should be replaced by the words "in the field of uranium mining".;

     ""In paragraph 6, the words "for uranium mining" should be replaced by the words "for subsurface use".;

     Paragraph 7 should be supplemented with the second part as follows:

     "At the same time, exceeding the production volume cannot lead to an increase in uranium reserves, which are fixed in the work program of the contract and (or) the project for the development of the deposit.";

     ""In paragraph 8, the words "Pilot production project and field development project" should be replaced by the words "Project documents";

     50) add articles 182-2 and 182-3 to read as follows:

     "Article 182-2. Exploration project

     1. The exploration project is drawn up within twelve months from the date of the decision on the conclusion of the exploration contract.

     2. The exploration project is being developed for the entire exploration period.

     3. The exploration project must contain:

     1) a description of the types, methods, technologies, volume and timing of uranium exploration work at the site;

     2) measures to ensure the rational use and protection of mineral resources;

     3) information on the timing, conditions and cost of work to eliminate the consequences of uranium exploration.

     4. The exploration project must include the entire scope and deadlines of the work declared by the subsurface user in the work program.

     5. If it is necessary to assess the discovered deposit (set of deposits), such work is provided for in the exploration project by making changes and (or) additions for each discovered deposit (set of deposits).

     At the same time, the exploration project includes a description of the types, methods, technologies, volume and timing of work to assess the discovered deposit (set of deposits).

     6. The exploration project is being developed on the basis of good practices in the use of subsurface resources in accordance with the uniform rules for the rational and integrated use of subsurface resources.

     7. It is prohibited to carry out work on prospecting, exploration and evaluation of deposits that are not specified in the exploration project approved by the subsurface user and which has received positive conclusions provided for by this Code and other laws of the Republic of Kazakhstan, as well as in the absence of such an exploration project.

     8. When a uranium deposit is discovered by a subsurface user, a report is compiled based on the results of exploration work with a calculation of uranium reserves. The report on the calculation of uranium reserves is subject to a state examination of the subsoil in accordance with the procedure determined by the authorized body for the study of the subsoil.

     9. After approval of the exploration project, a copy of it is submitted to the authorized body in the field of uranium.

     Article 182-3. Project to eliminate the consequences of uranium mining

     1. The liquidation of the consequences of uranium mining operations is carried out in accordance with the liquidation project developed on the basis of the liquidation plan.

     2. The liquidation plan is a document containing a description of measures for decommissioning the mine and other production and infrastructure facilities located at the mining site, for the reclamation of lands disturbed as a result of mining operations, measures for progressive liquidation, and other work to eliminate the consequences of mining operations, as well as the calculation of the cost of such liquidation measures..

     3. In the absence of a liquidation plan that has received a positive conclusion from the industrial safety and state environmental expertise, the progressive elimination of the consequences of uranium mining is prohibited.

     4. The requirements for the plan and project for the elimination of the consequences of uranium mining are set out in the rules for conservation and elimination during exploration and production of uranium, approved by the authorized body in the field of uranium.

     5. A plan to eliminate the consequences of uranium mining is drawn up every three years based on the actual condition of the subsurface area and the corresponding technological facilities to be eliminated.";

     51) Subparagraph 1) of paragraph 3 of Article 183 should be worded as follows:

     "1) a positive conclusion of the state examination of the subsoil of the report on the calculation of geological reserves;";

     52) in article 183-1:

     replace ""and analyses of the development of uranium deposits" in the title with the words "in the field of subsoil use of uranium";

     ""in paragraph 1, the words "during development" should be replaced by the words "during exploration and development".;

     Paragraph 2 should be supplemented with the following parts two and three:

     "The procedure for attracting and qualifying independent experts, as well as paying for independent expertise, is determined by the authorized body in the field of uranium.

     The independent examination of project documents and analyses of developments in the field of subsurface use is paid for by the subsurface user.";

     In paragraph 3, the word "mining" should be deleted;

     ""in subparagraph 3) of paragraph 6, the words "on the assessment of uranium resources and reserves" should be replaced by the words "on the calculation of reserves that have received a positive conclusion from the state examination of the subsoil".;

     53) in paragraph 3 of Article 184, the word "extraction" should be deleted;

     54) paragraph 3 of Article 221 should be supplemented with subparagraph 3) as follows:

     "3) violation of the requirements of paragraph 3 of Article 221-8 of this Code, which resulted in a delay in the development of the deposit for more than two years from the date of obtaining a production license.";

     55) add chapter 28-2 to read as follows:

     "Chapter 28-2. Granting the right of subsurface use for solid minerals, with the exception of uranium and coal, to a national company in the field of solid minerals on a priority basis

     Article 221-6. Conditions for granting the right of subsurface use for solid minerals, with the exception of uranium and coal, to a national company in the field of solid minerals on a priority basis

     1. A national company in the field of solid minerals is a joint-stock company established by a decision of the Government of the Republic of Kazakhstan, the controlling stake of which belongs to the state or a national managing holding company engaged in activities in the field of subsurface use of solid minerals, with the exception of uranium and coal.

     2. A national company in the field of solid minerals has the right to obtain the right to explore for or extract solid minerals, with the exception of uranium and coal, on a general basis in accordance with the procedure provided for in this Code, with the exception of the cases specified in this chapter.

     3. Based on the recommendation of the consultative and advisory body under the Government of the Republic of Kazakhstan, the territory for which the right of subsurface use for exploration or extraction of solid minerals (with the exception of common minerals and uranium) is granted on the basis of an auction in accordance with Article 221-1 of this Code, is subject to transfer by the competent authority to the category of territory designated for providing a national company in the field of solid minerals as a matter of priority.

     At the same time, the territory in which the right of subsurface use is granted for the exploration and extraction of coal is not subject to transfer to the category of territory intended for the provision of a national company in the field of solid minerals on a priority basis.

     In this case, the recommendation of the advisory body under the Government of the Republic of Kazakhstan must be made before the start date of accepting applications for participation in the auction by third parties.

     In case of refusal to issue a license for exploration or extraction of solid minerals to a national company in the field of solid minerals, the competent authority sets a new deadline for the start of accepting applications for participation in an auction in the relevant territory, not exceeding two months from the date of amendments and additions to the state subsoil fund management program on the transfer of the territory from the category intended for granting the right of subsurface use to a national company in the field of solid minerals on a priority basis, in the category of the auction territory.

     Article 221-7. Procedure for issuing a license for exploration of solid minerals to a national company in the field of solid minerals

     1. A national company in the field of solid minerals intending to acquire the right of subsurface use for exploration of solid minerals, with the exception of coal and uranium, shall send an application to the competent authority in accordance with the requirements of Article 187 of this Code.

     2. Consideration of an application for a license to explore for solid minerals, with the exception of coal and uranium, is carried out in accordance with Article 188 of this Code.

     Article 221-8. The procedure for issuing licenses for the extraction of solid minerals, with the exception of coal and uranium, to a national company in the field of solid minerals

     1. A national company in the field of solid minerals intending to obtain the right of subsurface use for the extraction of solid minerals, with the exception of coal and uranium, shall send an application to the competent authority in accordance with the requirements of Article 204 of this Code, with the exception of subitems 6), 7) and 8) of paragraph 3 of Article 204.

     2. Consideration of an application for a license to extract solid minerals, with the exception of coal and uranium, is carried out in accordance with the procedure established by Article 205 of this Code.

     3. A national company in the field of solid minerals or a joint venture, to which the right of subsurface use has been transferred by a national company in the field of solid minerals, is obliged to start developing a deposit no later than two years from the date of obtaining a mining license.

Article 221-9. Transfer of the right of subsurface use (share in the right of subsurface use) granted to a national company in the field of solid minerals on a priority basis

     1. The transfer of the right of subsurface use granted to a national company in the field of solid minerals in accordance with this chapter is prohibited, except in cases of transfer of the right of subsurface use in favor of a joint venture with a stake (participation interest) of a national company in the field of solid minerals of at least thirty percent, the strategic partner of which is a legal entity that has assumed investment obligations, technology transfer and production financing in the manner and on the terms determined by the competent authority.

     2. The transfer of a share in the right of subsurface use granted to a national company in the field of solid minerals in accordance with this chapter to a third party is carried out on the basis of a competitive sale conducted in accordance with the procedure determined by the national management holding, which owns a controlling stake in the national company in the field of solid minerals.

     3. In all cases of transfer of a share in the right of subsurface use granted to a national company in the field of solid minerals in accordance with this chapter, the remaining amount of the national company's share in the right of subsurface use or in a joint venture must be at least thirty percent, with the mandatory right of the national company to control decision-making by subsurface users under a license.

     4. The transfer of the share of the right of subsurface use in accordance with this article is carried out with the involvement of independent consultants.";

     56) in subparagraph 2) of Article 249 and subparagraph 3) of paragraph 3 of Article 258, the words "and radioactive" should be deleted;

     "57") in sub-paragraphs 13), 13-1) and 14) of paragraph 14 of Article 277, the words "uranium mining" should be replaced by the word "uranium".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of the fourth paragraph of subparagraph 44) of Article 1, which shall enter into force on January 1, 2027.

 

President    

Republic of Kazakhstan     

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