ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2021 No. 38

About introduction of amendments to some Orders of the Minister of investments and development of the Republic of Kazakhstan and the Minister of the industry and infrastructure development of the Republic of Kazakhstan

I ORDER:

1. Bring the following changes in some orders of the Minister of investments and development of the Republic of Kazakhstan and the Minister of the industry and infrastructure development of the Republic of Kazakhstan:

1) in the order of the Minister of investments and development of the Republic of Kazakhstan of May 17, 2018 No. 339 "About approval of Rules of giving and consideration of the applications on issue of licenses for prospecting" (it is registered in the Register of state registration of regulatory legal acts at No. 16985, it is published on June 13, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan):

The rules of giving and consideration of the applications on issue of licenses for prospecting approved by the specified order to state in edition according to appendix 1 to this order;

2) in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 30, 2020 No. 323 "About approval of Rules of rendering the state services in the field of subsurface use, except for hydrocarbonic raw material and uranium and about modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of May 17, 2018 No. 339 "About approval of Rules of giving and consideration of the applications on issue of licenses for prospecting" (it is registered in the Register of state registration of regulatory legal acts at No. 20787, it is published on June 3, 2020 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan):

The rules of the conclusion of agreements on conversion of solid minerals approved by the specified order to state in edition according to appendix 2 to this order;

The rules of issue of the statement on transformation of the subsoil plot approved by the specified order to state in edition according to appendix 3 to this order;

The rules of issue of permission to use of liquidating fund approved by the specified order to state in edition according to appendix 4 to this order.

2. To provide to department of subsurface use of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of January 28, 2021 No. 38

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 17, 2018 No. 339

Rules of giving and consideration of the applications on issue of licenses for prospecting

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for prospecting (further - Rules) are developed according to Item 10 of article 265 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine procedure for giving and consideration of the applications on issue of licenses for prospecting.

2. The state service "Licensing for Prospecting" (further - the state service) appears local executive bodies of areas, Nour-Sultan's cities, Almaty and Shymkent (further - the service provider).

3. Rules extend to the physical persons performing activities in the field of subsurface use (further - uslugopoluchatel).

Chapter 2. Procedure for rendering the state service

4. For receipt of the state service the uslugopoluchatel gives by means of the web portal of "the electronic government" www.egov.kz, the statement in form, according to appendices 1 and 2 to these rules, with the provided documents specified in Item 8 of appendix 3 to these rules of the standard of the state service "Licensing for Prospecting" (further - the Standard of the state service).

The list of the main documents and the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of rendering the state service are stated in the Standard of the state service.

5. The license is subject to renewal in cases: changes of information about the subsoil user: change of surname, name, middle name (in case of its availability), prolongation of term of the license; changes of borders of the territory of the subsoil plot.

6. The service provider performs document registration in day of their receipt.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon.

The service provider within 2 (two) working days from the moment of receipt of documents, checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents, and (or) documents with the expired effective period the service provider in the specified time gives motivated refusal in further review of the statement.

7. Data on the submitted application are subject to placement on Internet resource of the service provider within two working days from the date of filing of application and contain:

1) surname, name and middle name (in case of its availability) the applicant;

2) coordinates of the territory of the site of prospecting which the applicant asks to provide in use;

3) date and time of receipt of the statement.

8. The applications on issue of licenses submitted to the service provider, including the same territory are considered according to the procedure of priority of receipt of statements.

9. The service provider starts consideration of the next statement only after decision making for refusal in licensing according to the previous considered application.

Consideration of the next statement begins after ten working days from the date of decision about refusal in licensing according to the previous considered application.

If the decision on refusal was appealed by the applicant in court, the issue of consideration of the next statement is resolved by local executive body of area after entry into force of the judgment of cancellation of the decision on refusal.

10. When giving the uslugopoluchatel of all necessary documents through the portal in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

Data on the identity documents of uslugopoluchatel, on state registration (re-registration) of the legal entity containing in the state information systems, the service provider receives from the corresponding state information systems through lock of "the electronic government".

11. Aggregate term of rendering the state service constitutes 7 (seven) working days, and also in case of renewal of the license - 7 (seven) working days.

12. In case of provision by uslugopoluchatel of complete document package the service provider within 5 (five) working days checks reliability and compliance of the submitted documents to the Code specified in Item 8 of the Standard of the state service and issues the following result of the state service:

1) licensing, the renewed license for prospecting in form according to appendix 4 to these rules;

2) motivated refusal in form according to appendix 5 to these rules on the bases specified in Item 9 of the Standard of the state service.

The result of rendering the state service goes to uslugopoluchatel to "personal account" in electronic form, the authorized person of the service provider signed by the digital signature.

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