On Approval of the Rules for Granting the Right of subsurface use for Exploration or extraction of Common Minerals used for the construction (reconstruction) and repair of public roads, Railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Home / Order / On Approval of the Rules for Granting the Right of subsurface use for Exploration or extraction of Common Minerals used for the construction (reconstruction) and repair of public roads, Railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

On Approval of the Rules for Granting the Right of subsurface use for Exploration or extraction of Common Minerals used for the construction (reconstruction) and repair of public roads, Railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated May 5, 2026 No. 227. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 6, 2026 No. 38682

In accordance with paragraph 3-1) of Article 278 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", I ORDER:

1. To approve the attached Rules for granting the right of subsurface use for exploration or extraction of common minerals used for the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures.

2. The Department of Subsoil Use of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) posting of this order on the official Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.

3. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.

4. This order shall enter into force upon the expiration of ten calendar days after its official publication.

Minister of Industry and Construction of the Republic of Kazakhstan

E. Nagaspayev

"APPROVED" by the Prosecutor General's Office of the Republic of Kazakhstan

"AGREED" Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

"APPROVED" by the Ministry of Finance of the Republic of Kazakhstan

"APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan

"APPROVED" by the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan

Approved by the Decree of the Ministry of Industry and Construction of the Republic of Kazakhstan on May 5, 2026 No. 227

Rules for granting the right of subsurface use for exploration and extraction of common minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Chapter 1. General provisions

Paragraph 1. The concept of permits for exploration and extraction of common minerals

1. These Rules for granting the right of subsurface use for exploration or extraction of common minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures (hereinafter – the Rules) have been developed in accordance with paragraph 3-1 of Article 278 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter – The Code) and determine the procedure for granting the right of subsurface use for conducting operations for exploration or extraction of common minerals used exclusively in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures.

2. The right of subsurface use for conducting operations for exploration or extraction of common minerals used in the construction (reconstruction) and repair of public highways, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures, is granted on the basis of a permit for exploration of common minerals, respectively (hereinafter referred to as the permit for exploration) or permits for the extraction of common minerals (hereinafter referred to as mining permits).

Exploration and production permits do not grant the right to subsurface use of common minerals for their use for purposes not provided for in these Rules.

Paragraph 2. Status of permits and their requirements

3. Exploration permits and production permits are documents issued by the local executive body of the region, cities of republican significance, and the capital (hereinafter referred to as the local executive body).

Exploration permits and production permits do not apply to permits regulated in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

4. Exploration permits and mining permits are issued for the use of only one subsurface area.

In this case, design documents for the exploration and production of common minerals in accordance with these Rules are drawn up in respect of one or more subsurface areas provided for these purposes separately or as part of the design estimates for the construction, repair or reconstruction of the facility.

5. Exploration permits and production permits are issued for a period not exceeding the term of the relevant agreement (contract) for the construction (reconstruction) and repair of public roads, railways owned by the state, as well as contracts for the reconstruction and repair of hydraulic structures and hydraulic structures, for the implementation of which the right of subsurface use is granted for the specified permissions.

Termination of the contract, for the implementation of which an exploration permit and/or production permit has been issued, terminates the validity of such a permit.

6. Permits for exploration and production of common minerals for the reconstruction and repair of hydraulic structures and hydraulic structures carried out by their owners are issued for the period of such repair and reconstruction provided for in the relevant design and estimate documentation for the repair and reconstruction of these facilities, but not more than the period of validity of these Rules.

7. The extension of the term of an agreement (contract) for the construction (reconstruction) and repair of public roads, railways owned by the state, as well as an agreement for the reconstruction and repair of hydraulic structures and hydraulic structures, is the basis for extending the validity of an exploration permit or production permit.

Paragraph 3. Renewal of the permit

8. Change of contractor in the contract (contract) for the construction (reconstruction) and repair of public roads, railways owned by the state, in the contract for the reconstruction and repair of hydraulic structures and (or) hydraulic structures, for the implementation of which the right of subsurface use was granted under the relevant exploration permits and (or) permits for mining, entails the reissue of a permit for a new contractor.

The transfer of ownership and use rights of a hydraulic structure and (or) a hydraulic structure from a person who holds an exploration permit or a production permit entails the reissue of the permit to a new owner of the hydraulic structure and (or) hydraulic structure.

9. Exploration and production permits are issued only:

1) to a contractor (subcontractor) for the construction (reconstruction) or repair of public roads and railways owned by the state, from the list approved for these purposes by the state body that is the customer of the construction (reconstruction) or repair of these facilities;

2) the owner of a hydraulic structure and (or) a hydraulic engineering structure or its contractor carrying out the reconstruction and repair of these facilities.

10. A subsurface user who has one or more exploration permits, the subsurface areas of which have common borders (adjacent areas), subject to the provisions of paragraph 9 of these Rules, it has the exclusive right to obtain a mining permit(s) for a subsurface area(s) within the territory of a subsurface area (adjacent subsurface areas) under a valid exploration permit(s) if the reserves of a deposit of common minerals are approved by the interregional Reserves commission (index "Y") or an assessment of the resources and reserves of a deposit of common minerals discovered in accordance with the Kazakhstan Code of Public Reporting on the Results of Geological Exploration, mineral resources and reserves.

The exclusive right is exercised at any time during the validity period of the exploration permit(s).

The holder of an exploration permit shall lose the exclusive right upon termination of such permit.

The exclusive right is exercised by the holder of an exploration permit by applying to the local executive body for a production permit, respectively, as a matter of priority.

If, after submitting an application for a mining permit, the exploration permit has expired, the exploration permit is considered valid for the requested subsurface area until the mining permit is issued or refused.

The assignment of the exclusive right provided for in this paragraph is not allowed.

11. Subsurface users who extract common minerals on the basis of an exploration permit or a mining permit are not entitled to alienate them to third parties.

Paragraph 4. Boundaries of the subsurface area and elimination of consequences of subsurface use operations

12. Subsurface areas with exploration or production permits are provided only within the territories:

1) adjacent at a distance of not more than ten kilometers along reconstructed (repaired) or designed public roads, railways, the customer of reconstruction (repair) or construction of which is the relevant government agency;

2) adjacent to hydraulic structures, hydraulic structures at a distance of not more than ten kilometers.

13. The outer boundaries of the territory of a subsurface area for exploration and production permits are defined in the form of a quadrilateral with at least two opposite sides parallel to each other, and if it is impossible to comply with this rule, in the form of a polygon with the least possible number of corners.

14. Subsurface areas with exploration or production permits are provided with a lower boundary at a depth of at least thirty meters from the lowest point of the earth's surface of the subsurface area.

15. The elimination of the consequences of operations for the exploration or extraction of widespread minerals carried out by a subsurface user on the basis of a permit is carried out in accordance with the project for the reclamation of disturbed lands.

16. Upon termination of the validity of an exploration permit or a production permit, the person who was directly the holder of the specified permit from the date of termination of its validity is obliged to carry out work on remediation (elimination of the consequences of his operations):

1) according to the exploration permit – no later than six months after the termination of the exploration permit;

2) according to the mining permit – no later than eight months after the termination of the mining permit.

17. At the request of the person specified in paragraph 16 of these rules, the local executive body extends the remediation period for up to six months if the completion of remediation is significantly and objectively impeded due to weather and (or) natural and climatic conditions.

18. The provision provided for in subparagraph 1) paragraph 16 of these Rules does not apply to lands belonging to the territory of a subsurface area under a mining permit issued on the basis of an exclusive right.

Chapter 2. Permission for exploration of common minerals

Paragraph 1. Procedure for submitting an application for an exploration permit

19. A person who has the right and is interested in obtaining an exploration permit submits an application to the local executive body through the unified Subsoil use Platform (hereinafter referred to as the EPN) in accordance with Appendix 1 to these Rules.

20. The application is submitted to the local executive body of the region, cities of republican significance, the capital, within the territory of which it is planned to provide a subsoil plot.

If the territory of the planned operation for the exploration of widespread minerals falls on two or more regions, or on the region and the city of republican significance or the capital, the application is submitted to the local executive body of the region, the city of republican significance, the capital, which accounts for most of the specified territory.

21. The application contains an indication of two or more requested subsurface areas, provided that all requested areas are located in the same region, city of national significance or capital.

22. The application is submitted with the following documents attached:

1) an electronic copy of the documents confirming the information about the applicant:

for individuals – an identity document of the applicant;

for legal entities – certificate of registration (re-registration) of legal entities, registration (re-registration) of their branches and representative offices;

2) an electronic copy of the documents confirming the authority of the person acting on behalf of the applicant when submitting the application, if such person is authorized by the applicant;

3) an electronic copy of the relevant contract for carrying out design, survey and/or repair and construction works of public roads, railways and/or hydraulic structures, if the applicant is a contractor (subcontractor);

4) an electronic copy of the document confirming the right of ownership and use of a hydraulic structure or hydraulic engineering structure, if the applicant is the owner of a hydraulic structure, hydraulic engineering structure;

5) electronic copies of a cartogram of the location of the requested subsurface area(s), made on a scale that provides visibility, an overview (situational) scheme and a topographic map of the surface;

6) an electronic copy of the written consent of the subsurface user to issue an exploration permit with subsequent extraction, if such a subsurface user carries out subsurface use operations on the basis of a license or a contract for subsurface use, with the exception of a license for the extraction of common minerals, a contract for the exploration and (or) extraction of common minerals in the requested subsurface area or part thereof.;

7) an electronic copy of the agreement concluded in accordance with paragraph 2 of Article 24 of the Code with a subsurface user engaged in subsurface use operations in the requested subsurface area or part thereof on the basis of a license or a contract for subsurface use, with the exception of a license for the extraction of common minerals, a contract for exploration and (or) extraction of common minerals.

23. Written consent and agreements provided for in subitems 6) and 7) of paragraph 22 of these Rules shall be submitted to the local executive body after approval by the territorial subdivision of the authorized body for the study of the subsoil of the boundaries and shape of the territory of the requested subsoil area.

The consent and agreement provided for in subparagraphs 6) and 7) of paragraph 22 of these Rules are not required if the applicant and the subsurface user coincide in one person.

24. Copies of the documents attached to the application are subject to notarization.

25. The application is submitted in Kazakh and/or Russian. The documents attached to the application must be written in Kazakh and/or Russian. Copies of documents written in a foreign language are submitted with a translation into Kazakh and/or Russian, the accuracy of which is certified by a notary.

26. The date and time of its receipt by means of the EPN to the local executive body is recognized as the moment of submission of the application.

The application is subject to registration in the EPN with the assignment of a unique number, date and time (hours, minutes).

Paragraph 2. Procedure for reviewing an application and issuing an exploration permit

27. The local executive body shall review the application within one working day from the date of its receipt for the right to obtain an exploration permit, compliance of the application with the prescribed form, completeness and sufficiency of the required information and supporting documents, subject to the provisions of paragraph 22 of these Rules. If there are no grounds for refusing to issue a permit in accordance with subitems 1), 2) and 3) of paragraph 34 of these Rules, the local executive body, through the EPN, sends an application to the territorial subdivision of the authorized body for the study of subsurface resources, the authorized body in the field of specially protected natural territories and the basin inspectorate for the regulation and use of water resources and the documents attached to it for determining and approving the boundaries of the territory of the requested subsurface area, as well as to identify the possible combination of this territory with subsurface areas of other subsurface users, with specially protected natural territories, lands of the state forest fund, territories of water protection zones and strips, as well as with water bodies.

The authorized body in the field of specially protected natural territories, in order to identify a possible combination of the territory of the requested subsurface area with specially protected natural territories and forest fund lands, reviews documents on the territory (territories) of the requested subsurface area (cartogram of the location of the requested subsurface area, an overview (situational) diagram, a topographic map of the surface) within five working days. days from the date of admission to the EPN.

The Basin Inspectorate for the Regulation and Use of Water Resources considers the issue of combining the territory of the requested subsurface area with the territories of water protection zones, strips and water bodies within five working days from the date of receipt by the EPN.

28. The territorial subdivision of the authorized body for the study of subsurface considers the application and the documents attached to it within five working days from the date of receipt by the EPN for the subject:

1) the existence of a complete or partial combination of the territory of the requested subsurface area with the territories of subsurface areas of other subsurface users, as well as with territories restricted for conducting subsurface use operations in accordance with subitems 2) and 5) of paragraph 1 of Article 25 of the Code;

2) compliance of the boundaries and configuration of the territory of the requested subsurface area with the requirements of paragraphs 12 and 13 of these Rules.

29. If there is a combination of territories in accordance with subparagraph 1) of paragraph 28 of these Rules, the territorial subdivision of the authorized body for the study of subsurface resources through the EPN notifies the applicant and the local executive body about this. The notification specifies the coordinates and the area of the combined territory according to the cartogram provided.

Within twenty working days from the date of receipt of the notification, the applicant has the right to submit to the territorial subdivision of the authorized body for the study of subsurface and at the same time to the local executive body adjusted information on the boundaries and shape of the territory(territories) of the requested subsurface area(s) with the attachment of supporting documents: electronic copies of the cartogram of the location of the requested subsurface area(s), made in at a scale that provides visibility, an overview (situational) scheme and a topographic map of the surface.

If the territory of the requested subsurface area(s) is partially or completely combined with the territory of the subsurface area provided to another person for the exploration or extraction of common minerals under a license for the extraction of common minerals, a permit for the exploration or extraction of common minerals, or a contract for the exploration or extraction of common minerals concluded prior to implementation of the Code, correction of the boundaries and shape of the territory of the requested subsurface area(s) in order to exclude such a combination is mandatory.

30. If the boundaries and shape of the territory(territories) of the requested site(s) do not comply with the requirements of paragraphs 12 and 13 of these Rules, the territorial subdivision of the authorized body for the study of subsurface resources through the EPN notifies the applicant and the local executive body. The notification indicates the identified inconsistencies.

Within twenty working days from the date of receipt of the notification, the applicant corrects information about the boundaries and shape of the territory (territories) of the requested subsurface area(s) with the attachment of supporting documents and (or) eliminates the identified inconsistencies, which through the EPN notifies the territorial subdivision of the authorized body for the study of subsurface with the attachment of supporting documents: electronic copies of the cartogram of the location the requested subsurface area(s), executed on a scale that provides visibility, an overview (situational) diagram and a topographic map of the surface. The omission of the specified period terminates the examination by the state authorities of the submitted application and the documents attached to it.

Within one working day from the date of receipt of the notification specified in the second paragraph of this paragraph, the territorial subdivision of the authorized body for the study of subsurface resources shall re-examine the issue of whether the territory of the requested subsurface area(s) is combined with the territory of the subsurface area for exploration or extraction of common minerals used by another person, and whether the boundaries and the shape of the territory of the requested subsurface area according to the requirements of paragraphs 12 and 13 of these Rules.

Based on the results of the review, the territorial subdivision of the authorized body for the study of subsurface resources approves or refuses to approve the boundary and shape of the territory(territories) of the requested subsurface area(s), which the local executive body and the applicant are notified about by means of the EPN.

If the application contains an indication of two or more requested subsurface areas, the refusal to coordinate the boundaries and shapes of their territories is made for all requested subsurface areas or only for certain requested areas.

The refusal to coordinate the boundaries and shapes of the territories of all requested subsurface areas terminates further consideration by the state authorities of the submitted application and the documents attached to it. In case of refusal to coordinate the boundaries and shapes of the territories of only certain requested subsurface areas, further consideration by the state authorities of the submitted application and the documents attached thereto is carried out for the requested subsurface areas, the boundaries and shapes of which are agreed by the territorial subdivision of the authorized body for the study of subsurface.

If there is disagreement in the agreement, the applicant will appeal it in accordance with the legislation of the Republic of Kazakhstan.

31. If, during the review by the territorial subdivision of the authorized body for the study of subsurface resources of the boundaries and shape of the territory of the requested site, it is revealed that the territory (territories) of the requested site (requested sites) of subsurface resources overlap with the territories of subsurface areas of other subsurface users, with the exception of subsurface areas for exploration and extraction of common minerals, the applicant submits to the local executive body the documents provided for in paragraphs 6) and 7) of paragraph 22 of these Rules, within one working day from the date of approval of the boundaries and shape of the territory(territories) of the requested subsurface area(s) by the territorial subdivision of the authorized body for the study of subsurface.

The omission of the specified period terminates further consideration by the state authorities of the submitted application and the documents attached to it.

After agreeing on the boundaries and shape of the territory(s) of the requested site(s), taking into account the provisions of paragraph 29 of these Rules, the local executive body shall, within one working day, notify the applicant of the need for the authorized environmental authority to approve the issuance of an exploration permit.

Approval by the authorized body in the field of environmental protection is carried out during the state environmental assessment of the project documentation with a section on the elimination of the consequences of activities within the period of the state environmental assessment.

32. When conducting a state environmental assessment in order to reduce the territories of violated and alienated lands, the possibility of extracting and using man-made mineral formations of mining or energy industries is taken into account.

33. The local executive body issues an exploration permit to the applicant in accordance with Annex 2 to these Rules, within one working day from the date of receipt of all approvals and documents provided for in paragraphs 6) and 7) of paragraph 22 of these Rules.

34. An exploration permit is not granted if one of the following grounds exists:

1) the applicant does not have the right to obtain an exploration permit;

2) the application or the documents attached to it do not comply with the requirements provided for in these Rules;

3) the documents attached to the application have not been submitted, unless otherwise provided by these Rules;

4) the boundaries and shape of the territory of the requested subsurface area(s) do not comply with the requirements of these Rules and have not been agreed upon by the territorial subdivision of the authorized body for the study of subsurface;

5) the issuance of an exploration permit has not been approved by the authorized body in the field of environmental protection;

6) the territory(territories) of the requested subsurface area(s) are completely located within the territories restricted for conducting subsurface use operations or in specially protected natural territories where geological exploration is not permitted.;

7) the territory(territories) of the requested subsurface area(s) are fully or partially combined with the territory(s) of the subsurface area under a license for the extraction of common minerals or a contract for the exploration or extraction of common minerals concluded prior to the entry into force of the Code.

35. A refusal to grant an exploration permit is made by means of an EPN with an indication of its reason.

Grammatical or arithmetic errors, typos or other similar errors made in the application for a permit are not grounds for refusal to grant a permit and must be corrected by the applicant by resubmitting the application within one business day from the date of receipt of the relevant notification from the competent authority. In this case, the period of consideration and issuance of the permit is interrupted by the specified notification of the local executive body.

After the break, the period for consideration and issuance of an exploration permit by the local executive body begins anew; the time elapsed before the break is not counted in the new period.

36. Refusal to issue an exploration permit in case of disagreement is appealed by the applicant in accordance with the legislation of the Republic of Kazakhstan.

37. Refusal to grant an exploration permit does not deprive the applicant of the right to reapply.

38. At any time prior to the issuance of an exploration permit, the applicant has the right to refuse such an issue by notifying the local executive body about it.

Chapter 3. Permission to extract common minerals

Paragraph 1. Procedure for submitting an application for a mining permit

39. A person who has the right and is interested in obtaining a mining permit submits an application to the local executive body through the EPN in accordance with Annex 3 to these Rules.

40. The application is submitted to the local executive body of the region, cities of republican significance, the capital, within the territory of which it is planned to provide a subsoil plot.

If the territory of the planned operation for the extraction of widespread minerals falls on two or more regions, or on the region and the city of republican significance or the capital, the application is submitted to the local executive body of the region, the city of republican significance, the capital, which accounts for most of the specified territory.

41. The application contains an indication of two or more requested subsurface areas, provided that all requested areas are located in the same region, city of national significance or capital.

42. The application is submitted with the following documents attached:

1) an electronic copy of the documents confirming the information about the applicant:

for individuals – a copy of the applicant's identity document;

for legal entities – certificate of registration (re-registration) of legal entities, registration (re-registration) of their branches and representative offices;

2) an electronic copy of the document confirming the authority of the person acting on behalf of the applicant when submitting the application, if such person is authorized by the applicant;

3) an electronic copy of the contract for carrying out design and survey and/or repair and construction works of public roads, railways and/or hydraulic structures, if the applicant is a contractor (subcontractor);

5) an electronic copy of the minutes of the meeting of the relevant interregional commission on mineral reserves on approval (index "Y") of reserves of common minerals or a copy of the report of the competent person on mineral resources and reserves of common minerals in accordance with the Kazakhstan Code of Public Reporting on the results of exploration, mineral resources and reserves in the contours of the requested subsurface area;

6) electronic copies of the cartogram of the location of the requested subsurface area(s), made on a scale that provides visibility, an overview (situational) scheme and a topographic map of the surface;

7) an electronic copy of the written consent of the subsurface user to issue a mining permit, if such a subsurface user carries out subsurface use operations on the basis of a license or a contract for subsurface use, with the exception of a license for the extraction of common minerals, a contract for exploration and (or) extraction of common minerals in the requested subsurface area or part thereof.;

8) an electronic copy of an agreement concluded in accordance with the rules of paragraph 2 of Article 24 of the Code with a subsurface user performing subsurface use operations on the requested subsurface area or part thereof on the basis of a license or a contract for subsurface use, with the exception of a license for the extraction of common minerals, a contract for exploration and (or) extraction of common minerals.

43. Written consent and agreements provided for in subitems 7) and 8) of paragraph 42 of these Rules may also be provided to the local executive body after approval by the territorial subdivision of the authorized body for the study of the subsoil of the boundaries and shape of the territory of the requested subsoil area.

The consent and agreement provided for in subparagraphs 7) and 8) of paragraph 42 of these Rules are not required if the applicant and the subsurface user coincide in one person.

44. Copies of the documents attached to the application are subject to notarization.

45. The application is submitted in Kazakh and/or Russian. The documents attached to the application must be written in Kazakh and/or Russian. Copies of documents written in a foreign language attached to the application must be submitted with a translation into Kazakh and/or Russian, the accuracy of which is certified by a notary.

46. The date and time of its receipt by means of the EPN to the local executive body is recognized as the moment of submission of the application.

Applications are registered in the EPN with the assignment of a unique registration number, as well as the date and time (hours and minutes) of registration.

Paragraph 2. Procedure for reviewing an application and issuing a mining permit

47. The local executive body reviews the application within one working day from the date of its receipt for the right to obtain a mining permit, compliance of the application with the prescribed form, completeness and sufficiency of the required information and supporting documents, taking into account the provisions of paragraph 42 of these Rules. If there are no grounds for refusing to issue a mining permit in accordance with sub-paragraphs 1), 2) and 3) of paragraph 54 of these Rules, the local executive body, through the EPN, sends to the territorial subdivision of the authorized body for the study of subsurface, the authorized body in the field of specially protected natural territories and the basin inspectorate for the regulation and use of water resources, an application and attached documents for determining and coordinating the boundaries of the territory of the requested subsurface area and identifying the possible combination of this territory with the territories of subsurface areas of other subsurface users, with specially protected natural territories and lands of the state forest fund, territories of water protection zones, lanes and also water bodies.

The authorized body in the field of specially protected natural territories, in order to identify a possible combination of the territory of the requested subsurface area with specially protected natural territories and forest fund lands, examines documents on the territory (territories) of the requested subsurface area (cartogram of the location of the requested subsurface area, an overview (situational) diagram, a topographic map of the surface) within five working days. days from the date of receipt of the relevant request from the Applicant.

If, when submitting an application submitted on the basis of the exclusive right to an exploration permit, there are circumstances provided for in paragraphs 2) or 3) of paragraph 54 of these Rules, the local executive body accepts the application and, through the EPN, notifies the applicant of the need to eliminate the identified comments within one working day. In this case, the period of consideration of the application by the local executive body is suspended for the specified period.

48. The territorial subdivision of the authorized body for the study of subsurface resources shall, within five working days, review a copy of the application submitted to the local executive body together with documents on the territory(territories) of the requested subsurface area(s) (cartogram of the location of the requested subsurface area, an overview (situational) diagram, a topographic map of the surface) for:

1) complete or partial combination of the territory of the requested subsurface area with the territories of subsurface areas of other subsurface users, territories limited to conducting subsurface use operations in accordance with subitems 2) and 5) of paragraph 1 of Article 25 of the Code;

2) compliance of the boundary and shape of the territory of the requested subsurface area with the requirements of paragraphs 12 and 13 of these Rules.

49. If there is a combination of territories in accordance with subparagraph 1) of paragraph 48 of these Rules, the territorial subdivision of the authorized body for the study of subsurface resources through the EPN notifies the applicant and the local executive body about this. The notification specifies the coordinates and the area of the combined territory according to the cartogram provided.

50. If the boundaries and shape of the territory(territories) of the requested site(s) do not comply with the requirements of paragraphs 12 and 13 of these Rules, the territorial subdivision of the authorized body for the study of subsurface resources through the EPN notifies the applicant and the local executive body. The notification indicates the identified inconsistencies.

The omission of the specified period terminates the examination by the state authorities of the submitted application and the documents attached to it.

Within one working day from the date of receipt of the notification specified in paragraph two of this paragraph, the territorial subdivision of the authorized body for the study of subsurface resources shall re-examine the issue of whether the territory of the requested (requested sites) subsurface area is combined with the territory of the subsurface area for exploration or extraction of common minerals used by another person, and whether the boundaries and the shape of the territory of the requested subsurface area according to the requirements of paragraphs 12 and 13 of these Rules.

The refusal to coordinate the boundaries and shapes of the territories of all requested subsurface areas terminates further consideration by the state authorities of the submitted application and the documents attached to it. In case of refusal to coordinate the boundaries and forms of territories of only certain requested subsurface areas, further consideration by state bodies of the submitted application and the documents attached to it is carried out according to the requested subsurface areas agreed by the territorial subdivision of the authorized body for the study of subsurface.

The refusal of approval in case of disagreement is appealed by the applicant in accordance with the legislation.

51. If, during the review by the territorial subdivision of the authorized body for the study of subsurface resources of the boundaries and shape of the territory of the requested site, it is revealed that the territory (territories) of the requested site (requested sites) of subsurface resources overlap with the territories of subsurface areas of other subsurface users, with the exception of subsurface areas for exploration and extraction of common minerals, the applicant through the EPN submits to the local executive body the documents, provided for in subitems 7) and 8) of paragraph 42 of these Rules, within one working day from the date of approval of the boundaries and shape of the territory(territories) of the requested subsurface area(s) by the territorial subdivision of the authorized body for the study of subsurface.

The omission of the specified period terminates further consideration by the state authorities of the submitted application and the documents attached to it.

52. After agreeing on the boundaries and shape of the territory(s) of the requested subsurface area(s) by the territorial subdivision of the authorized body for the study of subsurface, taking into account the provisions of paragraph 49 of these Rules, the local executive body within one working day sends copies of the application and attached documents to the authorized body in the field of environmental protection to coordinate the issuance of a mining permit..

The approval of the issuance of a mining permit is carried out within one working day, taking into account the provisions of the third paragraph of this paragraph.

If, in accordance with the legislation of the Republic of Kazakhstan, the planned activity for the extraction of widespread minerals in the requested subsurface area(s) provides for the mandatory conduct of a state environmental assessment of the project of the planned activity, the said approval is carried out during the state environmental assessment of the planned activity according to the mining plan., being developed for the requested subsurface area(s) separately or as part of design estimates for the construction (reconstruction), repair of public roads, railways owned by the state, reconstruction and repair of hydraulic structures and (or) hydraulic structures within the period of the state environmental assessment. In this case, the applicant ensures such approval within twelve months. The omission of the specified period terminates further consideration by the state authorities of the submitted application and the documents attached to it.

53. The local executive body issues a mining permit to the applicant in accordance with Annex 4 to these Rules, within one working day from the date of receipt of the required approvals and documents provided for in paragraphs 7) and 8) of paragraph 42 of these Rules.

54. A mining permit is not issued if one of the following grounds exists::

1) the applicant does not have the right to obtain a mining permit;

2) the application or the documents attached to it do not comply with the requirements provided for in these Rules;

3) the documents attached to the application have not been submitted, unless otherwise provided by these Rules;

5) the issuance of a mining permit has not been approved by the authorized body in the field of environmental protection;

55. A refusal to issue a mining permit is made through the EPN and must be motivated.

After the break, the period for reviewing and issuing a mining permit by the local executive body begins anew; the time elapsed before the break is not counted in the new period.

56. The refusal to issue a mining permit in case of disagreement is appealed by the applicant in accordance with the legislation of the Republic of Kazakhstan.

57. The refusal to grant a mining permit does not deprive the applicant of the right to reapply.

58. At any time prior to the issuance of a mining permit, the applicant has the right to refuse such an issue by notifying the local executive body about it.

59. The granting of the right of subsurface use under a permit for the extraction of common minerals is the basis for granting a subsurface user the right of land use to a land plot by a local executive body in accordance with the Land Code of the Republic of Kazakhstan.

Appendix 1 to the Rules for the Provision of the right of subsurface use for exploration and extraction of common useful minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Form

statement

I ask you to issue a permit for exploration of common minerals________________________________________________________________( full name, first name and patronymic (if any), nationality, date of birth, name and details of the identity document, individual identification number of the individual/full name, location, business identification number of the legal entity)in person ______________________________________________________________( position and the full name, surname and patronymic (if any) (hereinafter - Full name), acting on the basis of____________________________________________________________________( type of document, date and number) (for legal entities)The purpose of subsurface use:____________________________________________________________________(specify the types of work for which a permit is required) based on____________________________________________________________________( specify the name, the number and date of the conclusion of the contract (contract) of the contract)___________________________________________________________________( specify the term of the contract (contract) of the contract)___________________________________________________________________( the number of requested subsurface areas and the area of each of them with the geographical coordinates of the corner points)___________________________________________________________________Data from the applicant's electronic digital signature; Date and time of signing with an electronic digital signature."__" _____ 20 _ years _____ hours ____ minutes.

Appendix 2 to the Rules for the Provision of the right of subsurface use for exploration and extraction of common useful minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Form

Permits for exploration of common minerals

1. Permission granted:________________________________________________________________________________________________________________________________(full surname, first name and patronymic (if any), nationality of the individual/ full name, location of the legal entity) (hereinafter referred to as the Subsurface User) and grants the right to conduct exploration of common minerals in order to perform work on _____________________________________________________________________________________________________________________________( Specify the work, for which a permit is issued, and the name, number and date of conclusion of the contract (contract) in accordance with the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use")

3. The government agency that issued the permit:________________________________________________________________________________________________________________________________(name of the government agency, who issued the permit)Data from an electronic digital signingthe date and time of signing with an electronic digital signature are consistent:________________________________________________________________________________________________________________________________(name of the territorial subdivision of the authorized body for the study of mineral resources)Data from an electronic digital signingthe date and time of signing with an electronic digital signature________________________________________________________________________________________________________________________________( name of the territorial division authorized body in the field of environmental protection)Data from an electronic digital signingthe date and time of signing with an electronic digital signature"__" _____ 20 _ years _____ hours ____ minutes.

Appendix 3 to the Rules for the Provision of the right of subsurface use for exploration and extraction of common useful minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Form

statement

I ask you to issue a permit for the extraction of common minerals______________________________________________________________________( full name, first name and patronymic (if any), nationality, date of birth, name and details of the identity document, individual identification number of an individual or full name, location, business identification number of a legal entity)in the face of ________________________________________________________________(position and first name, last name and patronymic (if any) in full (hereinafter - Full name), acting on the basis of ___________________ ( type of document, date and number)(for legal entities)The purpose of subsurface use:______________________________________________________________________(specify the types of work for which a permit is required)Based on_____________________________________________________________________( specify the name, the number and date of the conclusion of the contract (contract) of the contract)_____________________________________________________________________( specify the term of the contract (contract) of the contract)_____________________________________________________________________( specify the type of common mineral)_____________________________________________________________________(specify the name and location of the deposit)_____________________________________________________________________( the number of requested subsurface areas and the area of each of them with the indication of geographical coordinates corner points)Data from the applicant's electronic digital signature; Date and time of signing with an electronic digital signature."__" _____ 20 _ years _____ hours ____ minutes.

Appendix 4 to the Rules for the Provision of the right of subsurface use for exploration and extraction of common useful minerals used in the construction (reconstruction) and repair of public roads, railways owned by the state, as well as for the reconstruction and repair of hydraulic structures and hydraulic structures

Form

Permits for the extraction of common minerals

1. Permission granted:___________________________________________________________________(full surname, first name and patronymic (if any), nationality of the individual/ full name, location of the legal entity) (hereinafter referred to as the Subsurface User) and grants the right to extract common minerals for the purpose of performing work ________________________________________________________________( specify the work for which a permit is issued) in accordance with the Code of the Republic of Kazakhstan "About the subsoil and subsoil use")

2. Terms of authorization:1) the duration of the permit: up to ______________ years (the term of the contract (contract) of the contract)2) the boundaries of the territory of the subsurface area ___________________ square kilometers,with the following geographical coordinates:__________________________________________________________________(specify points of geographical coordinates)3) other conditions of subsurface use: reclamation in accordance with the legislation of the Republic of Kazakhstanstate authority that issued the permit:___________________________________________________________________(name of the government agency, who issued the permit)Data from an electronic digital signingthe date and time of signing with an electronic digital signature are consistent:___________________________________________________________________(name of the territorial subdivision of the authorized body for the study of mineral resources)Data from an electronic digital signingthe date and time of signing with an electronic digital signature___________________________________________________________________( name of the territorial subdivision of the authorized body in the field of environmental protection)Data from the electronic digital signingDate and time of signing with an electronic digital signature"__" _____ 20 _ years _____ hours ____ minutes.

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages