LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2017 No. 126-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning subsurface use

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54):

Table of contents to add 1) with heading of Article 71-1 of the following content:

"Article 71-1. Use of the parcels of land for investigation of minerals and geological studying";

Item 5 of Article 6 to state 2) in the following edition:

"5. The rights of physical persons and legal entities in the field of land relations cannot be limited, except the cases which are directly provided by the laws of the Republic of Kazakhstan.";

Subitem 2-1) of Item 3 of Article 14-1 to state 3) in the following edition:

"2-1) preparation of offers and drafts of decisions of local executive body of the area, city of regional value on establishment of the public servitudes for the purposes of subsurface use connected with geological studying and investigation of minerals;";

Subitem 1-1) of Article 17 to state 4) in the following edition:

"1-1) establishments of the public servitudes for the purposes of subsurface use connected with geological studying and investigation of minerals;";

Item 4 of Article 26 to state 5) in the following edition:

"4. The parcels of land reserved in accordance with the established procedure for development of especially protected natural territories, the main railroads, highways public and bulk distribution lines, communication, subsurface use, power engineering specialists, and also intended according to the approved architectural and town-planning and (or) construction documentation for construction of facilities of administrative and social value (the airports, airfields, stations, stations, public roads, office buildings of state bodies, hospitals, schools, the state housing stock, parks, boulevards, squares and other objects of public use), can be provided to land users for other purposes on the right of temporary land use prior to development of the parcels of land for the purpose of under which they were reserved.

The parcels of land reserved in accordance with the established procedure for the purposes listed in part one of this Item cannot be provided in private property for other purposes.";

6) parts the first, third and fourth item 4 of Article 32 to state in the following edition:

"4. If the parcel of land is intended for implementation of activities or making of the actions requiring permission, the license for subsurface use or the conclusion of the contract for subsurface use, then provision of the right of land use to this site is made after obtaining corresponding permissions, licenses for subsurface use or the conclusions of the contract for subsurface use.";

"In case of early termination documents of title on the parcel of land are renewed by competent authority of operation of the contract for subsurface use on the trustee based on the trust management agreement of the subsoil plot signed by competent authority with the national company according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

Availability of the license for production of solid minerals, on use of space of subsoil or prospecting, the conclusion of the contract for hydrocarbon production or supplements to contract on exploration and production of hydrocarbons providing fixing of the site of production and the period of production either the preparatory period, or the trust management agreement of the subsoil plot specified in part three of this Item are the basis for immediate provision of the parcel of land according to the procedure, provided by this Code.";

7) in part six of Item 1 of Article 33:

4) to state the subitem in the following reaction:

"4) upon transition of the right of subsurface use according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use";";

add with subitems 6) and 7) of the following content:

"6) on the parcel of land which is occupied with the buildings (structures, constructions) gratuitously transferred to the republican and (or) utility possession;

7) on the parcel of land which is occupied with the buildings (structures, constructions) delivered in trust management.";

8) in Article 37:

add Item 5 with the subitem 3) of the following content:

"3) for the purposes of carrying out transactions on mining, use of space of subsoil or prospecting - subsoil users on all effective period of the license for subsurface use or the contract for subsurface use.";

state Item 6 in the following edition:

"6. Transfer of the right of land use to the parcel of land provided for the purposes of subsurface use is made based on transition of the right of subsurface use from one person to other person according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

At the same time the agreement of temporary land use (lease) is renewed by authorized body of area based on the supplementary agreement to the contract of subsurface use or the renewed license for subsurface use and agreements on concession of the rights and obligations under the contract of temporary land use (lease) for the new subsoil user.";

Part the second Item 1 of Article 42 to state 9) in the following edition:

"Use of the owner of the parcel of land or the land user of subsoil in borders of the parcel of land belonging to it is allowed for the purposes of realization of the rights, stipulated in Article 64 of this Code, and is performed according to purpose of the parcel of land and requirements of the Code of the Republic of Kazakhstan "About subsoil and subsurface use". Provision of the rights to extraction of popular minerals and the rights to use underground waters is made for own needs along with provision of the parcel of land under which there is the corresponding part of subsoil, in private property or land use.";

Part third of Item 3 of Article 43 to state 10) in the following edition:

"In case of provision of the parcel of land for the purposes of mining, uses of space of subsoil or prospecting are enclosed to the application copies of the corresponding licenses for subsurface use or the contract for subsurface use.";

The subitem 8) to state 11) to part one of Item 1 of Article 48 in the following edition:

"8) for the purposes of subsurface use based on the license for subsurface use or the contract for subsurface use according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use", and also for construction and (or) placement of the engineering, transport and other infrastructure necessary for carrying out transactions on mining, use of space of subsoil;";

12) in Article 49-2:

state Item 1 in the following edition:

"1. Reservation of lands is performed by creation of the reserve territories on the lands which are in state-owned property, for the purpose of ensuring development of settlements, placement of the planned objects of engineering, transport and social infrastructure, strategic objects, subjects to defense and safety, space activities, creation of especially protected natural territories, including protective afforestations, for use of pasturable and haying grounds for the purpose of satisfaction of needs of the population on content of their personal farmstead and truck farming, and also for the purposes of subsurface use.";

add Item 2 with part two of the following content:

"Reservation of lands for the purposes of subsurface use is performed based on the management program by the state fund of subsoil or other documents which according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use" are the bases for such reservation.";

the second Item 6 to state item 4 and part in the following edition:

"4. In the decision of local executive bodies on reservation of lands the basis, the purposes and terms of reservation, total area and category of lands, and also restrictions in use of lands shall be specified. In case of reservation of earlier provided parcels of land on the right of land use or limited target use land users and owners of servitudes are specified.";

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