On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" for the implementation of the instructions of the Head of State

Home / Changes / On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" for the implementation of the instructions of the Head of State

The Law of the Republic of Kazakhstan dated December 30, 2025 No. 249-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) subparagraph 1) of paragraph 3 of Article 25, after the words "by underground method", add the words ", or operations for the extraction of solid minerals by open-pit mining at man-made mineral formations";

2) in the first part of paragraph 2 of Article 28, the word "fifty" should be replaced by the word "seventy";

3) paragraph 5 of Article 29 should be worded as follows:

"5. The issued license is posted on a single subsurface use platform on the day of issue.";

4) in article 32:

The second part of paragraph 1 should be worded as follows:

"The reissued license is posted on a single subsurface use platform on the day of reissue.";

The sixth part of paragraph 8 should be worded as follows:

"The corrected license is posted on the unified subsurface use platform on the day of correction.";

5) in article 64:

in subparagraph 2), replace the words "organization and conduct" with the word "planning";

in subparagraph 6), replace the word "provision" with the word "organization";

in subparagraph 8), replace the word "implementation" with the words "organization of the event";

in subparagraph 9), replace the word "conduct" with the words "organization of conduct";

subparagraph 19) should be supplemented with the words ", as well as the methods of their calculation";

6) in article 68:

in paragraph 2:

The fourth part should be worded as follows:

"The notification must be sent in the form of an electronic document to an e-mail address or through a single subsurface use platform.";

exclude the fifth part;

in the first part of paragraph 3, the words "and (or) certain" should be deleted;

in paragraph 4:

The first part should be worded as follows:

"4. Notifications may also be carried out using the information systems provided for in this Code, in accordance with the procedure determined by the competent authority.";

in part two:

the words "paragraph 3 of Article 47, paragraphs 1 and 4 of Article 50," should be deleted;

the words ", paragraphs 1 and 4 of Article 163, paragraph 3 of Article 164, paragraphs 2, 4 and 5 of Article 181" should be deleted;

replace the words "unified state system of management of subsurface use" with the words "unified state system of management of the fuel and energy complex";

in paragraph 5:

the words ", paragraph 1 of Article 169, paragraph 2 of Article 170, paragraph 5 of Article 171, paragraph 2 of Article 173 and paragraph 5 of Article 181" should be deleted;

replace the words "unified state system of management of subsurface use" with the words "unified state system of management of the fuel and energy complex";

7) add article 68-1 to Chapter 10 as follows:

"Article 68-1. Unified subsurface use platform

1. The Unified Subsurface Use Platform is a state information system that provides public services and information interaction between government agencies, subsurface users and other stakeholders in the field of subsurface use, including through integration with other informatization facilities.

2. The unified subsoil Use platform also contains:

1) electronic information resources containing information in the field of subsurface use in accordance with paragraph 2 of Article 7 of this Code, other documents and (or) information to which, in accordance with the requirements of this Code, the state provides open access.;

2) information resources containing geographical coordinates and information about:

territories of subsurface areas provided for conducting subsurface use operations;

territories of the state geological survey of the subsoil;

territories where the consequences of subsurface use are eliminated;

territories where blocks are located;

specially protected natural territories, territories of lands for health, recreational, historical and cultural purposes, lands of the forest fund;

lands for the needs of defense and national security;

territories of localities;

territories of water fund lands, water protection zones;

contours of deposits and sections of groundwater that are or may be used for drinking water supply;

other territories that are important for granting subsurface use rights.

3. The procedure for the functioning of the unified subsurface use platform, as well as the list of its information resources, services and functions, shall be determined by the authorized body in the field of solid minerals in coordination with the authorized body in the field of hydrocarbons and the authorized body in the field of informatization.

4. Authorized state bodies involved in the consideration of issues provided for in subparagraph 2) According to paragraph 2 of this article, they are obliged to update information on a single subsurface use platform in a timely manner, including spatial (geographical) data on restricted areas.

5. The unified subsoil use platform is state-owned.

The unified subsoil use platform is not subject to privatization, transfer of ownership and use to organizations that are not subordinate organizations of state bodies of the Republic of Kazakhstan.";

8) Paragraph 2 of article 69 should be worded as follows:

"2. The management of the state subsoil fund is carried out in accordance with the main directions of the state policy in the field of subsoil use, strategic and tactical measures for its implementation in accordance with the procedure provided for by this Code.";

9) in article 70:

Add subparagraph 12) to paragraph 2 as follows:

"12) the requirements of this Code.";

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

"3. Geographical coordinates are to be determined in the State Subsoil Fund management program.:

1) territories within which a regional geological study, prospecting and (or) evaluation of minerals is carried out and planned in the course of the state geological study of the subsurface;

2) territories within which subsurface areas are to be provided for conducting subsurface use operations on the basis of auctions, in the cases provided for by this Code, with the exception of territories provided for in Article 189-1 of this Code.;

3) territories within which subsurface areas are subject to provision only to national companies in the field of hydrocarbons and uranium;

4) territories within which subsurface areas are provided for the extraction of common minerals;

5) other information necessary for the implementation of the state subsoil management policy and the provisions of this Code.";

add paragraph 3-1 as follows:

"3-1. The formation of a management program for the state subsoil fund is ensured taking into account the geographical coordinates and information of the territories provided for in paragraphs six to ten of subparagraph 2) of paragraph 2 of Article 68-1 of this Code, in accordance with the procedure determined by the competent authority.";

Paragraph 6 should be worded as follows:

"6. The management program of the state subsoil fund approved by the competent authority, including taking into account the amendments and additions, is subject to public access on the Internet resource of the competent authority and the unified subsoil use platform in Kazakh and Russian languages within two working days from the date of approval and (or) amendments.";

Delete paragraph 7;

10) Article 71 should be worded as follows:

"Article 71. Study of the state of the state subsoil fund

1. The study of the state of the state subsoil fund is aimed at providing a scientific, informational and analytical basis for the implementation of subsurface use operations, as well as updating information on the mineral resource base of the Republic of Kazakhstan, the state of the subsoil, their geological structure and the processes occurring in them.

2. The study of the state of the state subsoil fund includes:

1) state geological survey of the subsurface;

2) state monitoring of subsurface resources;

3) maintaining a unified cadastre of the state subsoil fund;

4) collection, systematization, generalization and analysis of geological information obtained as a result of state monitoring of subsurface resources, state geological survey of subsurface resources and operations on subsurface use;

5) creation, operation and development of infrastructure for the storage, analysis and provision of geological information owned, owned or used by the State.

3. The study of the state of the state subsoil fund is carried out by the national operator in the field of geology with the involvement of accredited scientific organizations in accordance with the procedure determined by the authorized body for the study of the subsoil.

4. Control over the study of the state of the state subsoil fund is carried out by the authorized body for the study of the subsoil in accordance with the procedure determined by it.

5. Financing of activities to study the state of the state subsoil fund is carried out from the republican budget, including at least fifty percent of the funds received in the reporting financial year from the amounts of subscription bonuses established by the Tax Code of the Republic of Kazakhstan, with the exception of organizations in the oil sector, as well as other sources not prohibited by the legislation of the Republic of Kazakhstan.

6. The use and distribution of the funds provided for in paragraph 5 of this Article shall be carried out by the national operator in the field of geology.";

11) paragraphs 6 and 7 of Article 72 should be worded as follows:

"6. The provision of information on the state accounting of mineral reserves is determined by the authorized body for the study of mineral resources in accordance with the procedure established by it.

7. The unified cadastre of the state subsoil fund is maintained in order to take into account the state of the mineral resource base of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body for the study of the subsoil.";

12) Article 74 should be worded as follows:

"Article 74. State geological survey of the subsurface

1. The state geological study of the subsurface is a set of fundamental, applied, thematic, field and laboratory studies conducted in order to study the Earth's crust and the processes occurring in it, aimed at obtaining, updating and systematizing information about the geological structure, composition, condition and resources of the subsurface, identifying patterns of formation and placement of minerals, and also, the determination of the mineral resource potential of the country's territory.

2. The state geological study of the subsurface is carried out taking into account the systematization, generalization and analysis of geological information owned, owned and used by the state.

3. The state geological survey of the subsurface is carried out within the framework of state planning documents.

4. The state geological study of subsurface resources is carried out in order to:

1) updating of geological information about the subsurface within the territory of work;

2) creation of geological maps;

3) identification of estimated (forecasted) mineral resources.

5. The organization and conduct of the state geological survey of the subsurface are carried out by the national operator in the field of geology in accordance with the procedure determined by the authorized body for the study of the subsurface.

It is prohibited to plan and conduct a state geological survey of the subsurface in order to identify estimated (forecast) mineral resources in the territories of mineral exploration operations.

The organization and conduct of the state geological survey of the subsurface for groundwater is carried out by the national operator in the field of geology in accordance with the procedure determined by the authorized body for the study of the subsurface together with the authorized body in the field of protection and use of the water fund.

6. The state geological survey of subsurface resources is carried out throughout the territory of the Republic of Kazakhstan, including subsurface areas provided for use in accordance with this Code. Carrying out work on the state geological study of subsurface resources should not interfere with the activities of entities engaged in subsurface use operations.

7. The territory where it is planned to conduct a state geological study of the subsurface is subject to determination on a single subsurface use platform, indicating the goals, objectives, nature and timing of work.

8. The results of the state geological survey of the subsurface are subject to public access on a single subsurface use platform within two months from the date of signing the act of completed work on completion of the state geological survey of the subsurface.

9. The state geological survey of the subsurface is carried out in accordance with the rules of the stages of geological exploration, determined by the authorized body for the study of the subsurface.";

13) paragraph 3 of article 75 shall be worded as follows:

"3. The accounting and storage of geological information owned, owned and used by the state is carried out by the authorized body for the study of the subsoil.

The systematization, generalization and provision of geological information owned, owned and used by the State are carried out by the national operator in the field of geology.

The functioning of the unified subsurface use platform, with the exception of the unified state management system for the fuel and energy complex, is carried out by the national operator in the field of geology.

The procedure for accounting, storing, systematizing, summarizing and providing geological information owned, owned and used by the state is determined by the authorized body for the study of subsurface resources.

Ensuring the availability and provision of geological information in electronic form is carried out through a single subsurface use platform.

The national operator in the field of geology collects geological information owned, owned and used by the State for subsequent provision to interested persons in accordance with the procedure established by this Code.

The national operator in the field of geology is a subordinate organization of the authorized body for the study of subsurface resources, which is not subject to privatization.";

14) in the first part of paragraph 4 of Article 76, the words "copies to the national operator for the collection, storage, processing and provision of geological information" should be replaced by the words "electronic copies to the national operator in the field of geology";

15) paragraph 1 of Article 77 shall be worded as follows:

"1. Open access to information about granted subsoil use rights is provided on a single subsoil use platform.";

16) paragraph 4 of article 79 should be worded as follows:

"4. Concealment or presentation of knowingly unreliable (false) information about the subsoil and subsurface use in reports on the assessment of resources and (or) reserves of solid minerals and other reports or documentation submitted in accordance with this Code shall entail liability and other legal consequences provided for by this Code and other laws of the Republic of Kazakhstan.";

17) in the second part of paragraph 1 of Article 95, the words "Internet resource of the competent authority" should be replaced by the words "unified subsoil use platform";

18) in article 100:

in the second part of paragraph 2, the words "Internet resource of the competent authority" should be replaced by the words "unified subsoil use platform";

In paragraph 3, replace the word "fifty" with the word "seventy";

19) in paragraph 2 of Article 101, the words "Internet resource of the competent authority" should be replaced by the words "unified subsurface use platform";

20) Subparagraph 3) of paragraph 4 of Article 126 shall be worded as follows:

"3) representatives of authorized bodies in the field of environmental protection, industrial safety, 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;";

21) subparagraph 3) of paragraph 4 of Article 127 should be worded as follows:

22) in article 144:

The title should be worded as follows:

"Article 144. Unified State management system of the fuel and energy complex";

in paragraph 1:

The first paragraph should be worded as follows:

"1. The Unified State Management System for the Fuel and Energy Complex is an information system of the authorized body in the field of hydrocarbons, designed to:";

in subparagraph 1), the words "crude gas and products of its processing (commercial gas) by" should be deleted;

In subparagraph 2), the words "crude oil and gas condensate by" should be deleted;

Add sub-paragraphs 3), 4) and 5) as follows:

"3) storage, analysis and processing of information in the field of subsurface use of hydrocarbons;

4) rendering public services and performing functions in the field of subsurface use, accounting for energy resources (accounting for crude oil, gas condensate, crude gas and its processed products (commercial gas);

5) receiving reports and (or) other information interaction with persons engaged in operations in the field of exploration, production and turnover of crude oil, gas condensate, crude gas and products of its processing (commercial gas), or their authorized representatives.";

add paragraph 1-1 as follows:

"1-1. The unified state management system of the fuel and energy complex is subject to integration with the unified subsurface management platform.";

Paragraph 2 should be worded as follows:

"2. The authorized body in the field of hydrocarbons determines:

1) the procedure for the formation and functioning of the unified state management system for the fuel and energy complex, including the collection, provision, processing, storage, use and dissemination of information on accounting for crude oil, gas condensate, crude gas and its processed products (commercial gas);

2) the forms and procedure for submitting reports by persons engaged in operations in the field of exploration, production and turnover of crude oil, gas condensate, crude gas and its processed products (commercial gas);

3) the procedure for the provision of public services, the performance of functions and interaction with persons engaged in operations in the field of exploration, production and turnover of crude oil, gas condensate, crude gas and products of its processing (commercial gas), or their authorized representatives through the unified state management system of the fuel and energy complex.";

add paragraph 2-1 as follows:

"2-1. Subsurface users, entities engaged in operations in the field of production and turnover of crude oil, gas condensate, crude gas and its processed products (commercial gas), or their authorized representatives submit reports through the unified state management system for the fuel and energy complex.";

In paragraph 4, the words "information accounting system for crude oil, gas condensate, crude gas and products of its processing (commercial gas)" should be replaced by the words "unified state management system for the fuel and energy complex";

23) delete article 145;

24) in paragraph 3 of article 162, the word "fifty" should be replaced by the word "seventy".;

25) the first paragraph of paragraph 2 of Article 165 should be worded as follows:

"2. A trust management agreement for a subsurface area is developed and concluded in accordance with the Civil Code of the Republic of Kazakhstan and grants the trustee the right to:";

26) subparagraph 3) of paragraph 4 of Article 177 shall be worded as follows:

"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;";

27) in article 186:

Paragraph 1 should be worded as follows:

"1. The territory of exploration under a license for exploration of solid minerals may include a block in any territory of the Republic of Kazakhstan, unless otherwise provided for in this Code.";

Subparagraph 6) of paragraph 2 should be worded as follows:

"6) in respect of a block located entirely within the territory where, in accordance with the requirements of this Code, the consequences of exploration or extraction of solid minerals must be eliminated or are being eliminated;";

28) the first paragraph of paragraph 10 of Article 187 should be worded as follows:

"10. Information about the submitted application is posted on the unified subsurface use platform on the day of application submission and must contain:";

29) in paragraph 1 of article 188:

In Part One, replace the words "7) and 8)" with the words "7), 8) and 8-1)";

The second part should be worded as follows:

"Information about the notification sent is posted on the unified subsurface use platform on the day it is sent to the applicant.";

In part four, the words "Internet resource of the competent authority" should be replaced by the words "unified subsoil use platform".;

30) add article 189-1 as follows:

"Article 189-1. Granting the right of subsurface use for exploration of solid minerals on a newly vacant block

1. Applications for the issuance of a license for exploration of solid minerals comprising the same block, which is again free for exploration of solid minerals, shall be reviewed taking into account the specifics provided for in this article, if applications for a license for exploration of solid minerals comprising the same block have been submitted within fifteen working days from the date of posting information on the newly vacant block on the unified subsurface use platform, in accordance with the procedure determined by the authorized body in the field of solid minerals.

In this case, the priority of consideration of applications is determined based on the results of the auction.

2. The auction shall be held no later than fifteen working days from the date of the end of the period for consideration of applications submitted for the same block, which is again free for exploration of solid minerals. The specified period for consideration of applications is calculated from the date of expiry of the period provided for in the first part of paragraph 1 of this Article.

The auction is conducted in accordance with the procedure determined by the competent authority.

3. Payment of the subscription bonus based on the results of the auction, in addition to providing the competent authority with proper enforcement of obligations to eliminate the consequences of operations for exploration of solid minerals, is a condition for issuing a license for exploration of solid minerals.

Failure to pay the subscription bonus based on the results of the auction and (or) failure to provide adequate security for the fulfillment of obligations to eliminate the consequences of operations for the exploration of solid minerals within the prescribed period entails the refusal of the competent authority to issue a license for the exploration of solid minerals.

4. An auction is deemed to have failed if no bidder participated in it.

5. If the auction has not taken place or the obligations provided for in paragraph 3 of this article have not been fulfilled after the auction, the priority of consideration of applications for a license to explore for solid minerals shall be determined in the order of their receipt in accordance with Article 189 of this Code.";

31) paragraph 1 of Article 190 should be supplemented with subparagraph 8-1) as follows:

"8-1) during the five years preceding the date of filing the application, the applicant, the person or organization directly or indirectly controlling the applicant or being under his control, did not fulfill the obligation to pay the subscription bonus based on the results of the auction conducted in accordance with this Code;";

32) paragraphs 5 and 7 of Article 194 should be worded as follows:

"5. The extraction of rock mass and (or) the movement of soil in the exploration area up to one thousand cubic meters is allowed solely for the purpose of sampling for laboratory and technological research, provided that such work is indicated in the exploration plan and a copy is submitted to the authorized body in the field of solid minerals.

The results of the study of samples taken during the calendar year are subject to entry in the annual geological report no later than the next reporting period.

Extraction of rock mass and (or) movement of soil at the exploration site in a volume exceeding one thousand cubic meters is allowed in the absence of previously developed or industrially approved ore processing schemes, confirmed by the conclusion of a competent person, with the permission of the authorized body in the field of solid minerals in accordance with the procedure determined by it.";

"7. A permit for the extraction of rock mass and (or) the movement of soil in the exploration area in a volume exceeding one thousand cubic meters must be issued provided:

1) compliance of the application for a permit to extract rock mass and (or) move soil at the exploration site in a volume exceeding one thousand cubic meters with the requirements of the established form;

2) the availability of the results of the study of the selected samples for previous periods in the geological reports previously submitted by the subsurface user in the case of work;

3) the availability of an environmental permit or a conclusion on the results of screening the impacts of the planned activity, with the conclusion that there is no need to conduct an environmental impact assessment.;

4) providing additional security covering the cost of eliminating the consequences of the work provided for in the first paragraph of this paragraph.

The extraction of rock mass and (or) the movement of soil in a solid mineral exploration site without a permit issued in accordance with this paragraph, as well as in violation of the requirements of the issued permit, is prohibited. Violation of this prohibition is considered to be the use of an exploration site contrary to its purpose and purpose and entails revocation of the license for exploration of solid minerals and liability established by the laws of the Republic of Kazakhstan.";

33) paragraph 5 of Article 197 after the words "industrial safety" should be supplemented with the words "for the study of subsurface resources";

34) in article 200:

Add subparagraph 3) to paragraph 1 as follows:

"3) violation of the requirements of the second part of paragraph 7 of Article 194 of this Code.";

Paragraph 2 should be worded as follows:

"2. If violations provided for in subparagraphs 1) and 2) of paragraph 1 of this article are detected, the competent authority shall notify the subsurface user in writing.";

35) paragraph 1 of Article 203 should be supplemented with the words ", with the exception of the territories of subsurface areas provided by way of exclusive right in accordance with Article 201 of this Code";

36) the first paragraph of paragraph 11 of Article 204 should be worded as follows:

"11. Information about the submitted application is posted on the unified subsurface use platform on the day of application submission and must contain:";

37) the second sentence of the first part of paragraph 3 of Article 205 should be worded as follows:

"The notification is posted on a single subsurface use platform on the day it is sent to the applicant.";

38) paragraph 1 of Article 207 should be supplemented with subparagraph 4-1) as follows:

"4-1) during the five years preceding the date of filing the application, the applicant, the person or organization directly or indirectly controlling the applicant or being under his control, did not fulfill the obligation to pay the subscription bonus based on the results of the auction conducted in accordance with this Code;";

39) add the following part to article 208::

"A license for the extraction of solid minerals at man-made mineral formations located on the territory of populated areas and adjacent territories at a distance of one thousand meters must additionally contain the following conditions:

1) conducting operations for the extraction of solid minerals exclusively with the removal of man-made mineral formations located on the territory of the lands of settlements and adjacent territories at a distance of one thousand meters;

2) export and processing of seized man-made mineral formations outside the territory of the lands of settlements and adjacent territories at a distance of one thousand meters;

3) elimination of the consequences of the removal of man-made mineral formations through the reclamation of disturbed lands, their purification from pollution, bringing the removal site in line with the surrounding landscape;

4) compliance with the terms of the agreement on socio-economic support for the local population, concluded in accordance with subparagraph 1) of the first part of paragraph 3 of Article 25 of this Code.";

40) paragraph 4 of Article 218 after the words "welfare of the population" should be supplemented with the words "for the study of mineral resources";

41) add chapter 28-1 as follows:

"Chapter 28-1. Granting the right of subsurface use for solid minerals, with the exception of common minerals and uranium, on the basis of an auction

Article 221-1. Territories for the provision of subsurface plots for operations on exploration or extraction of solid minerals, with the exception of common minerals and uranium, on the basis of an auction

1. To establish that the following subsurface areas are provided for operations for exploration or extraction of solid minerals, with the exception of common minerals and uranium, on the basis of an auction:

1) for the extraction of solid minerals in subsurface areas containing reserves and (or) resources of solid minerals, with the exception of common minerals and uranium, included in the state accounting of minerals and free from subsurface use operations provided for in subparagraphs 2), 3) and 4) of Article 22 of this Code;

2) for exploration of solid minerals in subsurface areas with identified prospects based on the results of the state geological survey of the subsurface;

3) for the exploration of solid minerals in the territories of contracts for exploration, combined exploration and extraction of solid minerals that have been declared invalid, unsold or terminated prematurely, with the exception of the territories provided for in subparagraph 1) the present paragraph.

2. The territory of the subsurface plots provided on the basis of the auction is subject to definition in the program of management of the state fund of subsurface resources and is formed in the order determined by the authorized body for the study of subsurface resources.

3. The territory of a subsurface area provided for conducting operations for the exploration of solid minerals on the basis of an auction should not exceed two hundred blocks.

Article 221-2. Conducting an auction

1. The auction is conducted on the basis of a decision of the tender commission, the composition of which is approved by the competent authority.

The tender commission has the right to include in the terms of the auction additional obligations under the issued license in addition to the obligations provided for in Articles 191 and 208 of this Code, as well as additional grounds for revocation of the license or payment of a penalty for violation of additional obligations.

The procedure for conducting an auction and issuing a license based on the results of an auction for the exploration or extraction of solid minerals is determined by the competent authority.

2. In addition to meeting other requirements established by the rules for conducting an auction and issuing a license based on the results of an auction for exploration or extraction of solid minerals, applicants with professional and financial capabilities sufficient to cover the minimum costs of operations for exploration or extraction of solid minerals during the first year of the license are allowed to participate in the auction.

3. The announcement of the auction must be published no earlier than two months before the date of the auction.

The terms of the auction must provide for the initial amount of the subscription bonus.

The winner of the auction is the participant who offered the largest amount of the subscription bonus.

The auction results may be appealed in accordance with the legislation of the Republic of Kazakhstan no later than ten working days from the date of the auction.

4. Failure by the auction winner to pay the subscription bonus shall entail the refusal of the competent authority to grant the auction winner and persons directly or indirectly controlling the winner a license for subsurface use, as well as their admission to participate in auctions for granting the right to subsurface use within five years from the date of the auction.

During this period, the specified persons are prohibited from issuing permits for the transfer of the right of subsurface use and (or) objects related to the right of subsurface use upon their acquisition.

Article 221-3. The procedure and grounds for declaring an auction invalid

1. An auction is deemed to have failed if no bidder has registered as of the date of the auction. In this case, the auction must be repeated no earlier than two months after the date of the auction.

2. If the auction is declared invalid twice for the subsurface areas provided for in subparagraph 1) paragraph 1 of Article 221-1 of this Code, no earlier than two months after the date of recognition of the auction as invalid, an auction shall be held providing for the issuance of a license for exploration of solid minerals.

3. The auction area is subject to exclusion from the state subsoil fund management program in the following cases::

1) recognition of the exploration auction failed twice for the subsurface areas provided for in subparagraphs 2) and 3) of paragraph 1 of Article 221-1 of this Code and paragraph 2 of this Article;

2) non-inclusion of exploration sites in the territory when issuing a license for exploration of solid minerals based on the results of an auction.

4. The right of subsurface use for conducting operations for exploration of solid minerals in auction territories excluded from the state subsoil fund management program is granted in accordance with the procedure provided for in Article 189-1 of this Code.

Article 221-4. Invalidation of the auction

1. An auction for granting the right of subsurface use for exploration or extraction of solid minerals may be declared invalid in court at the request of the participant or the competent authority.

2. The grounds for declaring the auction invalid are:

1) violation of the auction rules established by this Code, which affected the determination of the auction winner;

2) the establishment of the fact that a person who has been granted a license to explore or extract solid minerals has submitted deliberately false information to the competent authority that influenced his decision to allow such a person to participate in the auction.

Article 221-5. Obligations to eliminate the consequences of subsurface use in the territory provided on the basis of the auction

1. In the case of issuing a license for exploration or extraction of solid minerals in a subsurface area following an auction, the person who was the holder of the right of subsurface use under the terminated contract is obliged to transfer to the new subsurface user the funds or rights under the liquidation fund and other property formed to eliminate the consequences of subsurface use under the terminated contract, within one month from the date of issue of the relevant license for exploration or extraction of solid minerals.

Obligations to eliminate the consequences of subsurface use operations in the relevant subsurface area shall be transferred in full to the winner of the auction after providing security for the elimination of the consequences of exploration or extraction of solid minerals in accordance with this Code.

If an exploration or production license has not been issued on the basis of an auction, the person who was the holder of the right of subsurface use under the terminated contract or license is obliged to eliminate the consequences of subsurface use operations in accordance with the procedure provided for by this Code.

2. The provisions of subparagraph 6) of paragraph 2 of Article 186 and subparagraph 4) of paragraph 2 of Article 203 of this Code shall not apply when issuing licenses for subsurface use based on the results of an auction in accordance with this article.";

42) paragraph 5 of Article 226 after the words "industrial safety" should be supplemented with the words "for the study of subsurface resources";

43) paragraph 1 of Article 232 should be worded as follows:

"1. The extraction of exclusively widespread minerals for entrepreneurial purposes is carried out on the basis of a license for the extraction of widespread minerals in the territories determined by the state subsoil fund management program.";

44) in article 242:

in paragraph 1:

The second part should be worded as follows:

"The solid minerals processing project is a set of measures providing for the creation of new industries for the processing of solid minerals, the creation of production, energy and (or) transport infrastructure directly related to such production for the processing of solid minerals.";

add the following part of the third:

"For subsurface users, the list of which is approved by the Government of the Republic of Kazakhstan, a project for processing solid minerals is a set of measures providing for the creation of new, expansion and (or) modernization of existing facilities for processing solid minerals.";

in the second part of paragraph 2, replace the words "7,000,000-fold" with the words "70,000,000-fold";

45) in subparagraph 4) of paragraph 1 of Article 244, the words "and the legislation of the Republic of Kazakhstan in the field of entrepreneurship" should be deleted;

46) in article 245:

Paragraph 1 should be worded as follows:

in paragraph 2:

Subparagraph 2) should be worded as follows:

"2) the creation of new industries for the processing of solid minerals, the creation of production, energy and (or) transport infrastructure directly related to such production for the processing of solid minerals;";

add subparagraph 2-1) as follows:

"2-1) creation of new, expansion and (or) modernization of existing facilities for processing solid minerals;";

in subparagraph 4), replace the words "to persons who are subjects of entrepreneurial activity in accordance with the legislation of the Republic of Kazakhstan" with the words "in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy".;

47) the first paragraph of paragraph 7 of Article 251 should be worded as follows:

"7. Information about the submitted application is posted on the unified subsurface use platform on the day of application submission and contains:";

48) in the second sentence of paragraph 4 of article 259, the word "state" should be deleted;

49) the first paragraph of paragraph 7 of Article 265 should be worded as follows:

"7. Information about the submitted application is posted on the unified subsurface use platform on the day of application submission and contains:";

50) paragraph 3 of Article 277 should be supplemented with the forty-first paragraph as follows:

"Chapter 32, taking into account that an agreement on the processing of solid minerals may be concluded with a subsurface user who has the right to subsurface use under a contract for combined exploration and production (during production) and (or) under a contract for the extraction of solid minerals concluded before the entry into force of this Code;";

51) in article 278:

in the first part of paragraph 3-1, replace the digits "2026" with the digits "2029";

Add paragraphs 7-1 and 7-2 as follows:

"7-1. A subject of industrial and innovative activity implementing industrial and innovative projects, in accordance with paragraph 7 of this article, has the right to transfer the right of subsurface use to a person who is a subject of industrial and innovative activity, provided:

1) transfer of rights to the relevant construction object and (or) modernization of the object according to an industrial and innovative project;

2) transfer of obligations provided for in subparagraphs 1) and 2) of parts four and five of paragraph 7 of this Article.

The authorized body in the field of state incentives for industry monitors the implementation of an industrial innovation project within the prescribed time frame and submits information on the results of monitoring to the competent authority annually no later than April thirtieth of the year following the reporting year.

An exploration or production license issued in accordance with this paragraph may be revoked, in addition to the grounds provided for in Articles 200 or 221 of this Code, in the event of non-fulfillment of obligations provided for in subparagraphs 1) and 2) of part one of this paragraph.

7-2. To establish that subjects of industrial and innovative activity implementing industrial and innovative projects worth more than 14 500 000 times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year, included in the unified industrialization map in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy", production activity (technological the process) of which is (is) related to subsurface use, is entitled, taking into account the specifics provided for in this paragraph, to obtain a subsurface area, located within the territory specified in subparagraph 2) of paragraph 3 of Article 70 of this Code, for conducting operations for exploration or extraction of solid minerals, with the exception of uranium or coal.

This right may be exercised by subjects of industrial and innovative activity within five years from the date of entry into force of this paragraph.

An application for a license to explore or extract solid minerals in the specified territory may be submitted at any time prior to the announcement of the auction. In this case, the auction will not be held in the specified territory.

An application for a license for exploration or extraction of solid minerals submitted in accordance with this paragraph, in addition to the documents provided for in Articles 187 or 204 of this Code, shall additionally be accompanied by:

the decision of the interdepartmental commission on industrial policy, agreed with the President of the Republic of Kazakhstan and confirming that the applicant's production activity (technological process) is related to subsurface use;

any of the following documents confirming that the applicant has the financial capacity to implement the proposed industrial and innovative project at the stated cost:

the guarantee of a foreign bank, a second-tier bank of the Republic of Kazakhstan, the National Development Institute of the Republic of Kazakhstan and (or) an organization with an annually confirmed minimum long-term credit rating in foreign currency not lower than "BB-" on the Standard and Poor's scale or a similar level on the scales of rating agencies Moody's, FitchRatings;

a loan agreement with any organizations defined in the fourth paragraph of this part, with the targeted use of the loan for the implementation of the proposed industrial and innovative project;

statement of the balance and movement of money in a bank account with a second-tier bank of the Republic of Kazakhstan or with a National Postal Operator.

The procedure for recognizing the production activity (technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use is determined by the Government of the Republic of Kazakhstan.

The right of subsurface use, granted on the basis of and for the implementation of an industrial and innovative project, is related to its general purpose and follows the construction and (or) modernization object for such a project.

The terms of a license for exploration or extraction of solid minerals issued in accordance with this paragraph, in addition to the conditions provided for in Articles 191 or 208 of this Code, must provide:

1) an indication of the parameters of a new industrial and innovative project to be implemented as an obligation and providing for the production of goods at least at an average conversion level;

2) an indication of additional annual minimum costs for the implementation of an industrial and innovative project, amounting in total to over 14 500 000 times the monthly calculation index established by the law on the republican budget and effective as of January 1 of the year the license was issued.;

3) the interim and deadline for the implementation of an industrial and innovative project;

4) obligations to pay the average monthly salary at a level higher than the statistical indicator of the average monthly salary for the year preceding the reporting year in the relevant region;

5) obligations to provide the products of an industrial and innovative project to the needs of the domestic market of manufacturing enterprises in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy";

6) obligations to process all extracted solid minerals within the framework of an industrial and innovative project;

7) obligations to ensure a minimum share of domestic value in goods used in conducting subsurface use operations and implementing an industrial and innovative project;

8) additional grounds for revocation of the license in case of non–fulfillment of the conditions provided for in subparagraphs 1) - 7) of this part.

A subject of industrial and innovative activity implementing industrial and innovative projects in accordance with this paragraph has the right, by decision of the interdepartmental commission on industrial policy, agreed with the President of the Republic of Kazakhstan, to transfer the right of subsurface use to a person who is a subject of industrial and innovative activity, provided:

1) transfer of rights to the relevant construction object and (or) modernization of the object according to an industrial and innovative project;

2) transfer of obligations stipulated in part seven of this paragraph.

A subsurface user in a subsurface area provided in accordance with the provisions of this paragraph may not start mining until the start of operation of a production facility under an industrial and innovative project.

An exploration or production license issued in accordance with this paragraph may be revoked, in addition to the grounds provided for in Articles 200 or 221 of this Code, respectively, in the event of non-fulfillment of obligations provided for in parts seven and ten of this paragraph.".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

1) sub-paragraphs 1) and 39) of Article 1, which will enter into force on May 2, 2025;

2) sub-paragraphs 44), 45), 46) and 50), paragraphs of the first and second sub-paragraphs 51) of Article 1, which will enter into force on January 1, 2026;

3) paragraphs of the twelfth, thirteenth, fourteenth, fifteenth and sixteenth subitems 6), paragraph of the fourth subitem 13), subitems 22) and 23) of Article 1, which will enter into force on January 1, 2027.

President

Republic of Kazakhstan

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