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

of July 14, 2023 No. 517

About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of May 23, 2018 No. 366 "About approval of Rules of giving and consideration of the applications on issue of licenses for production of solid minerals"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of May 23, 2018 No. 366 "About approval of Rules of giving and consideration of the applications on issue of licenses for production of solid minerals" (it is registered in the Register of state registration of regulatory legal acts for No. 17001) the following changes:

state preamble in the following edition:

"According to Item 8 of article 205 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:";

The rules of giving and consideration of the applications on issue of licenses for production of solid minerals approved by the specified order to be reworded as follows according to appendix to this order.

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

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 sixty calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 14, 2023 No. 517

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 23, 2018 No. 366

Rules of giving and consideration of the applications on issue of licenses for production of solid minerals

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for production of solid minerals (further – Rules) are developed according to Item 8 of article 205 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law) and determines procedure for giving and consideration of the applications on issue of licenses for production of solid minerals.

2. The state service "Licensing for Production of Solid Minerals" is rendered (further – the state service) appears the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further – the service provider).

3. The state service is rendered to the physical persons and legal entities performing activities in the field of subsurface use (further – uslugopoluchatel).

4. The license for production of solid minerals is granted on the territories determined by the management program the state fund of subsoil. The management program the state fund of subsoil affirms competent authority according to the subitem 1) of part two of article 60 of the Code.

5. Based on the application submitted for the subsoil plot located within the territory which is not specified in the subitem 2) of Item 3 of article 70 of the Code have the right to receive the license for production of solid minerals within five years from the date of enforcement of the Code the subjects of industrial and innovative activities realizing the industrial and innovative projects included in the single card of industrialization according to the Law of the Republic of Kazakhstan "About industrial policy" activities (engineering procedure) of which is connected (is connected) with subsurface use.

6. The owner of one or several licenses for investigation of solid minerals which subsoil plots have general borders (adjacent sites) has exclusive right:

1) on receipt of the license (licenses) for production of solid minerals on the subsoil plot located within the site of investigation (adjacent sites of investigation) in case of detection of the field of solid minerals which resources and inventories are confirmed with the valuation report of resources and inventories of solid minerals;

2) on receipt of the license (licenses) for production of popular minerals on the subsoil plot located within the site of investigation (adjacent sites of investigation) in case of detection of the field of popular minerals which resources and inventories are confirmed with the valuation report of resources and inventories of popular minerals;

3) on receipt of the license to use of space of subsoil in cases of lack of the mineral deposit or insignificance of its resources confirmed with the report on results of exploration works.

7. Licensing for production of solid minerals is not allowed:

1) in cases, stipulated in Item 2 articles 25 of the Code;

2) in the territory of the subsoil plot which is in use at other person for carrying out transactions on hydrocarbon production, and equally determined by mountain branch to the contract for subsurface use by hydrocarbons or the existing protocol on the conclusion of the contract for hydrocarbon production signed by results of the direct negotiations or following the results of tender on provision of the right of subsurface use which took place before enforcement of the Code without the consent of such person;

3) in the territory of the subsoil plot provided for carrying out transactions on investigation and (or) production of solid minerals, and it is equal in the contract area determined by geological and (or) mountain branch to the contract for subsurface use by solid minerals or popular minerals or the territory concerning which the protocol on the conclusion of the contract for investigation and (or) production of solid minerals or popular minerals by results of the direct negotiations or following the results of tender affects provision of the right of subsurface use which took place before enforcement of the Code;

4) in the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil, and it is equal in the contract area determined by mountain branch to the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production and also the territories concerning which is effective the protocol on the conclusion of the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production by results of direct negotiations or following the results of tender on provision of the right of subsurface use, taken place before enforcement of the Code;

5) in the territory of the subsoil plot on which mitigation of consequences of investigation or production of solid minerals is carried out;

6) in the territory of the subsoil plot containing the field of uranium or the rare-earth and uranium field.

Chapter 2. Procedure for rendering the state service

8. Uslugopoluchatel for receipt of the state service submits by means of single platform of subsoil users "Minerals.gov.kz" (further – EPN "Minerals.gov.kz") the statement for issue of licenses for production of solid minerals, with the provided documents specified in Item 8 of the List of the main requirements to rendering the state service "Giving and Consideration of the Applications on Issue of Licenses for Production of Solid Minerals" (further – the List of the main requirements to rendering the state service) according to appendix 1 to these rules.

Copies of the documents enclosed to the application are subject to the notarial attestation.

The application is submitted in the Kazakh and Russian languages. The documents enclosed to the application are constituted in the Kazakh and Russian languages. The copies of the documents constituted in foreign language, enclosed to the application are represented with transfer into the Kazakh and Russian languages which fidelity is certified by the notary.

9. The moment of filing of application date and time of receipt of the statement by means of EPN "Minerals.gov.kz" is recognized to the service provider and is subject to accounting.

10. Statements are registered in EPN "Minerals.gov.kz" with indication of unique accounting number, date and time (hours, minutes) of registration.

Each statement is registered separately.

11. Data on the submitted application are subject to placement by the responsible on Internet resource of competent authority and in EPN "Minerals.gov.kz" within two days from the date of filing of application and contain:

1) for physical persons - surname, name, middle name (if it is specified in the identity document) uslugopoluchatel;

for legal entities - the name of the legal entity;

2) the code of the block (blocks) or coordinate of the territory determining the subsoil plot which the applicant asks to provide in use for production of solid minerals;

3) date and time of receipt of the statement.

The service provider supplements the placed data on Internet resource and in EPN "Minerals.gov.kz" with mark about issue or about refusal in licensing by results of consideration of the applications.

12. The service provider considers the application within ten working days from the date of its receipt and in the absence of the bases for refusal in licensing for production of the solid minerals provided by subitems 4) – 10) Appendix Item 9 1, directs to authorized body on studying of subsoil the application, the valuation reports of resources and inventories of solid minerals and documents containing data on the territory of the required subsoil plot enclosed to the application.

If in case of filing of application about licensing for production on exclusive right there are circumstances provided by subitems 4) and 5) Appendix Item 9 1, the service provider adopts the statement and in written in any form by means of EPN "Minerals.gov.kz" notifies uslugopoluchatel on need of elimination of the revealed notes. In this case the term of consideration of the application is prolonged for thirty calendar days for elimination by uslugopoluchatel of the specified notes and repeated filing of application to the service provider.

13. The authorized body on studying of subsoil enters data from the valuation report of resources and inventories of solid minerals in the single inventory of the state fund of subsoil and considers the application and documents attached to it regarding availability of the bases for refusal in licensing provided by subitems 10) and 11) of Appendix Item 9 1, within ten working days.

If the part of the subsoil plot specified in the statement belongs to the subsoil plot which is in use at other person according to the license to use of space of subsoil on investigation or production of solid minerals, the authorized body on studying of subsoil in written in any form notifies on it uslugopoluchatel and the service provider. In the notification coordinates and the area of the combined territory and the recommendation of methods of exception of this territory of the territory of the required subsoil plot are specified. Within twenty working days from the date of receipt of the notification the uslugopoluchatel refuses the statement or represents the changed data on the required subsoil plot taking into account notes of authorized body on studying of subsoil.

If the borders of the required subsoil plot designated by uslugopoluchatel do not conform to requirements of article 209 of the Code, the authorized body on studying of subsoil in written in any form notifies on it uslugopoluchatel and the service provider. In the notification the revealed discrepancies and recommendations of methods of their elimination are specified. Within twenty working days from the date of receipt of the notification the uslugopoluchatel eliminates the revealed discrepancies what in written in any form notifies authorized body on studying of subsoil with appendix of supporting documents on or in writing directs the objection. Within ten working days from the date of receipt of the notification the authorized body on studying of subsoil again considers question of compliance of borders of the required subsoil plot to requirements of article 209 of the Code.

Following the results of consideration of question of compliance of borders of the required subsoil plot the authorized body on studying of subsoil approves these borders or refuses approval what in written in any form notifies the service provider and uslugopoluchatel on. The authorized body on studying of subsoil refuses approval of borders of the required subsoil plot in case of violation by uslugopoluchatel of terms of submission of the changed data on the borders of the required subsoil plot provided by this Item.

In case of disagreement of authorized body on studying of subsoil with borders of the required subsoil plot, the service provider refuses to uslugopoluchatel licensing according to the subitem 10) or 11) of Item 9 of Appendix 1.

14. In case of approval of authorized body on studying of subsoil of borders of the required subsoil plot the service provider within three working days sends to uslugopoluchatel the notification on need of receipt of the corresponding ecological permission to the transactions on production described in respect of mining operations, conducting the examinations and approvals of the plan of mining operations and the liquidation plan provided respectively by articles 216 and 217 of the Code. The notification is placed on Internet resource of the service provider and in EPN "Minerals.gov.kz" within two working days from the date of its direction to uslugopoluchatel.

The copy of the corresponding ecological permission to the transactions on production described in respect of mining operations the corresponding approvals and the positive conclusions of examinations is submitted uslugopoluchately to the service provider no later than one year from the date of the notification provided by part one of this Item.

Uslugopoluchatel addresses the service provider for prolongation of the specified term with reasons for need of such prolongation. Uslogodatel prolongs this term for no more than one year from the date of the expiration specified in part two of this Item if the necessity of such prolongation is caused by the circumstances which are not depending on uslugopoluchatel. In case of not elimination of the specified notes or non-presentation of the repeated statement at the scheduled time the service provider refuses licensing for production of solid minerals.

15. The service provider grants to uslugopoluchatel the license by means of EPN "Minerals.gov.kz" for production of solid minerals no later than five working days from the date of representation of necessary approvals, the positive conclusions of examinations and the copy of the corresponding ecological permission to the transactions on production described in respect of mining operations or refuses its issue.

16. In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the service provider draws up positive result or motivated refusal in rendering the state service.

17. Licensing for production of solid minerals or motivated refusal is result of rendering the state service.

18. The result of rendering the state service goes to personal account of EPN "Minerals.gov.kz" of uslugopoluchatel.

19. Availability of grammatical or arithmetic mistakes, typographical errors in the data specified in the statement (except data on the area and geographical coordinates of angular points) which do not influence decision making about licensing in essence and come to light, and also are checked by reconciliation with the documents enclosed to the application, is not the basis for refusal in licensing.

20. The refusal according to the subitem 9) of Item 9 of the List of the main requirements to rendering the state service is taken out without specifying of the reasons which formed the basis for such refusal.

21. The refusal in licensing does not deprive of uslugopoluchatel of the right to repeated filing of application.

22. The refusal in licensing for production of solid minerals according to the application of the subsoil user submitted based on exclusive right according to the license for investigation of solid minerals is allowed only in the presence of not eliminated violations of conditions of the license for investigation or according to the subitem 12) of Item 9 of Appendix 1.

23. In case of not elimination of the notes specified in part two of Item 12 of these rules or non-presentation of the repeated statement at the scheduled time the service provider refuses licensing for production of solid minerals.

24. In case of provision to uslugopoluchatel of the subsoil plot located within the parcel of land belonging or being in use at other person, the subsoil user of such person having no right without consent to perform operations on this subsoil plot within thirty meters from the lowermost point of the land surface of the specified parcel of land.

25. The notification, stipulated in Item 14 these rules, is the basis for reservation by local executive body of area, the city of republican value, the capital of lands for the purposes of subsurface use according to the procedure, established by the land legislation of the Republic of Kazakhstan.

26. Licensing for production of solid minerals is the basis for provision to the subsoil user by local executive body of area, city of republican value, the capital of the right of land use to the parcel of land according to the Land code of the Republic of Kazakhstan.

27. The applications on issue of licenses for production of solid minerals submitted to the service provider, including the same territory are considered according to the procedure of priority of their receipt.

28. The subsequent application is considered only after refusal in licensing according to the previous considered application.

The service provider starts consideration of the next statement after ten working days from the date of the notification of the applicant by means of EPN "Minerals.gov.kz" about refusal in licensing according to the previous statement.

If the decision on refusal was appealed by uslugopoluchatel in court, the issue of consideration of the next statement is resolved by the service provider after entry into force of the judgment by results of consideration of the claim.

29. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services, according to the subitem 11) of Item 2 of article 5 of the Law.

30. Authorized body in the field of solid minerals within three working days from approval date or change of the subordinate regulatory legal act determining procedure for rendering the state service staticize information on procedure for its rendering and sends to Single contact center.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider concerning rendering the state services

31. The claim to the decision, actions (bezdeystviye) of the service provider concerning rendering the state services moves addressed to the head of the service provider, the authorized body performing management in the field of solid minerals in authorized body by assessment and control of quality of rendering the state services.

Consideration of the claim concerning rendering the state services is made by the higher administrative authority, the official, body considering the claim.

Claims are submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider the official whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it to the body considering the claim.

At the same time the service provider, the official, the decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or administrative action which is completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

32. If other is not provided by the laws of the Republic of Kazakhstan, appeal to the court is allowed after appeal in pre-judicial procedure according to Item 5 of Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

Appendix 1

to Rules of rendering the state service "Giving and Considerations of the Applications on Issue of Licenses for Production of Solid Minerals"

List of the main requirements to rendering the state service "Giving and Consideration of the Applications on Issue of Licenses for Production of Solid Minerals"

1.	Name of the service provider	Ministry of the industry and infrastructure development of the Republic of Kazakhstan.
2.	Methods of provision of the state service (channels of access)	Single platform of subsoil users "Minerals.gov.kz" (further – EPN "Minerals.gov.kz)
3.	Term of rendering the state service	Issue of licenses for production of solid minerals: 1) consideration of the application on compliance to Rules and the direction of the statement to authorized body on studying of subsoil or motivated refusal – 10 working days (in case of completion in case of exclusive right of 30 calendar days); 2) consideration of the application by authorized body on studying of subsoil and issue of the notification in case of need – 10 working days; 3) refusal of the statement uslugopoluchatel or submission of the changed data on the required subsoil plot taking into account notes of authorized body on studying of subsoil – 20 working days; 4) the direction of the notification uslugopoluchatel in authorized body on studying of subsoil about elimination of notes regarding discrepancy to article 209 of the Code or the direction of objection by uslugopoluchatel – 20 working days; 5) de novo review by authorized body on studying of subsoil of the declaration of conformity of borders of the required subsoil plot to requirements of article 209 of the Code – 10 working days after receipt of the notification from uslugopoluchatel; 6) in case of approval of authorized body on studying of subsoil of borders of the required subsoil plot placement of the notification of the receipt of the corresponding ecological permission to the transactions on production described in respect of mining operations, conducting examinations and approvals of the plan of mining operations and the liquidation plan on Internet resource of the service provider and in EPN "Minerals.gov.kz" directed by the service provider to uslugopoluchatel about need – 2 working days from the date of the direction of the notification to uslugopoluchatel; 7) provision of the corresponding ecological permission to the transactions on production described in respect of mining operations, conducting examinations and approvals of the plan of mining operations and the liquidation plan – 1 year from the date of the notification (in case of need prolongation for 1 year); 8) licensing or motivated refusal – 5 working days from the date of provision of the corresponding ecological permission to the transactions on production described in respect of mining operations, conducting examinations and approvals of the plan of mining operations and the liquidation plan.
	Form of rendering the state service	Electronic (partially automated)
5.	Result of rendering the state service	Licensing for production of solid minerals or motivated refusal.
6.	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	Payment is performed according to article 727 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" except for issues of licenses within Article 201 and Item 11 of article 277 of the Code.
7.	Working schedule	1) EPN "Minerals.gov.kz" – round the clock, except for technical breaks in connection with carrying out repair work (In case of the address of uslugopoluchatel after the termination of working hours, in festive and the days off, reception of applications and issue of results of rendering the state service is performed the next working afternoon.); 2) the service provider – Monday through Friday, according to the established working schedule from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan".
8.	List of the documents and data necessary for rendering the state service	1. The following documents are enclosed to the application: 1) copies of the documents confirming data on uslugopoluchatel; 2) the documents containing data on the territory of the required subsoil plot: the site arrangement cartogram executed in the scale providing visualization, the survey (situational) scheme, the topographic map of surface; 3) the document confirming the power of the person acting on behalf of the applicant in case of filing of application if such person is appointed uslugopoluchatel; 4) the draft of the plan of mining operations developed according to article 216 of the Code; 5) the draft of the liquidation plan developed according to article 217 of the Code; 6) the valuation report of resources and inventories of solid minerals of the subsoil plot which the uslugopoluchatel asks to provide in use, or the positive conclusion of state examination of subsoil issued according to Item 10 of article 278 of the Code; 7) the performance report of licensed obligations on the site of investigation for the accounting period preceding date of the statement if the application is submitted by the owner of the license for investigation on exclusive right and by the time of filing of application such report in competent authority is not submitted; 8) the document confirming payment of payment for use of the parcels of land (lease payments) for the current accounting period according to the license for investigation if the application is submitted by the owner of the license for investigation on exclusive right; 9) the documents confirming availability at uslugopoluchatel of financial, professional and technical capabilities to perform transactions on production of solid minerals if the application is submitted in addition to exclusive right; 10) the consent of the subsoil user performing operations on hydrocarbon production on the required subsoil plot (its part); 11) the agreement on social and economic support of local population if the territory of the required subsoil plot fully or partially belongs to lands of settlements and to the territories adjoining to them at distance of one thousand meters; 12) the certificate of tax authority of absence at uslugopoluchatel of the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget issued not earlier than before ten calendar days preceding date of filing of application. The conclusion of authorized body in the field of the state stimulation of the industry, confirmatory is attached to the application for licensing for production of solid minerals submitted according to Item 5 of these rules in addition to the documents provided by this Item that productive activity (engineering procedure) of the applicant is connected it (is connected) with subsurface use. The valuation report of resources and inventories of solid minerals provided by this Item is prepared by the competent person according to the Kazakhstan code of the public reporting on results of exploration works, mineral resources and mineral inventories (the Code of KAZRC). Service providers in case of filing of application on receipt of the license for production of solid minerals can submit to uslugopoluchatel the report on stock counting according to Item 10 of article 278 of the Code. 2. For confirmation of availability at the applicant of the financial opportunities sufficient for carrying out transactions on production, one of the following documents is submitted: 1) the statement about remaining balance and movement of money according to the bank account in bank of the second level of the Republic of Kazakhstan confirming permanent availability (remaining balance) of money at uslugopoluchatel during 30-days term within six months preceding date of filing of application on licensing in the quantity sufficient for covering of required minimum expenses on production in the first year of action of the required license. If in any of days of the declared 30-days period as a result of transactions on movement of means the balance in cash appears less required by the subitem 1) part one of this Item, then such statement is not recognized the document confirming availability at uslugopoluchatel of financial opportunities. In the presence at uslugopoluchatel of several bank accounts of the second level for the purposes of confirmation of financial opportunities also data on remaining balance and movement of money on several accounts on which statements are provided are in total considered; 2) copies of the loan agreement of money (the provisional agreement of loan), agreements on financing of activities providing financing of activities of uslugopoluchatel for production of the solid minerals in quality of purpose of loan and also confirming loan amount (financings) sufficient for covering of required minimum expenses on production in the first year of action of the required license; 3) the financial reporting of uslugopoluchatel with the audit report constituted according to the legislation of the Republic of Kazakhstan on auditor activities prepared for six consecutive calendar months or the previous calendar year preceding date of filing of application on licensing in which the size of net assets of the applicant exceeds its obligations at size of the minimum expenses on production in the first year of action of the required license; 4) the letter of the rating agency recognized by the stock exchange performing activities in the Republic of Kazakhstan about assignment to the applicant within the year preceding date of filing of application, rating assessment not below the minimum rating assessment determined by the service provider. If as the document confirming availability at uslugopoluchatel of financial opportunities the copy of the loan agreement of money (the provisional agreement of loan) is provided or the agreement on activities financing under which acts as the creditor (finances) the face which is not the financial organization one of the documents confirming availability at this person of the financial opportunities provided by subitems 1), 3) or 4) of part one of this Item is in addition enclosed to the application. 3. For confirmation of availability at uslugopoluchatel of the professional opportunities sufficient for carrying out transactions on production, any of the following documents are represented: 1) the certificate of availability in staff of specialists or the copy of the contract of rendering services with specialists in the following areas: geology or geophysics; mountain engineering; geodesies or marksheyderiya; 2) copies of the contract of rendering services with contract organization or agreements of rendering services of the operator appointed by uslugopoluchatel according to Chapter 6 of the Code in case of issue to uslugopoluchatel of the required license for production in which state there are specialists listed in the subitem 1) to part one of this Item. If as the document confirming availability at uslugopoluchatel of professional opportunities copies of the contract of rendering services with contract organization are provided or agreements of rendering services of the operator appointed by uslugopoluchatel according to Chapter 6 of the Code in addition are enclosed the certificate of availability at contract organization (operator) in staff of the specialists specified in the subitem 1) to part one of this Item, or the copy of contracts of rendering services with the corresponding specialists to the application. 4. Confirmation of availability at uslugopoluchatel of the technical capabilities sufficient for carrying out transactions on production, are any of the following documents: 1) the copy of license for activities on operation of mining and chemical productions issued to the applicant according to the Law of the Republic of Kazakhstan "About permissions and notifications"; 2) copies of the agreement of intent, the provisional or basic agreement of rendering services with contract organization, the provisional or basic agreement of rendering services of the operator appointed by uslugopoluchatel according to Chapter 6 of the Code in case of issue to the applicant of the required license for production who is the owner of the license provided in the subitem 1) of part one of this Item. If as the document confirming availability at uslugopoluchatel of technical capabilities copies of the agreement of intent, the provisional or basic agreement of rendering services with contract organization are provided or the provisional or basic agreement of rendering services of the operator appointed by uslugopoluchatel according to Chapter 6 of the Code the copy of the license provided in the subitem 1) of part one of this Item in addition is enclosed to the application. Applicants in case of filing of application on receipt of the license for production of solid minerals can submit to the service provider the report on stock counting according to Item 10 of article 278 of the Code.
9.	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	The service provider refuses licensing for production of solid minerals in the presence of one of the following bases: 1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by regulatory legal acts of the Republic of Kazakhstan; 3) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access which are required for rendering the state service. 4) the statement or documents attached to it do not conform to the requirements provided by these rules; 5) the documents required by these rules are not enclosed to the application; 6) within one year before filing of application at uslugopoluchatel or at the person directly or indirectly controlling uslugopoluchatel or being under its control, the service provider revoked the license for subsurface use on the required subsoil plot on the bases provided by the Code; 7) within five years preceding date of filing of application, the uslugopoluchatel or the person directly or indirectly controlling uslugopoluchatel or being under its control did not perform or inadequate fulfilled obligations on mitigation of consequences of subsurface use on the subsoil plots which were at them in use; 8) within one year before filing of application the subsurface use right which is earlier provided to the uslugopoluchatel or person directly or indirectly controlling uslugopoluchatel or being under its control concerning the required subsoil plot (its part) was stopped; 9) licensing will entail emergence of threat of homeland security; 10) the required subsoil plot or its part belongs to the subsoil plot which is in use at other person according to the license to use of space of subsoil or the license for investigation or production of solid minerals; 11) borders of the required subsoil plot do not conform to requirements of the Code; 12) non-compliance with representation by the applicant of term to the service provider of the draft of the plan of mining operations approved according to requirements of the Code.
10.	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	1. Addresses of rendering the state service it is placed on Internet resource of the service provider – www.miid.gov.kz. 2. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 983-334, single contact center concerning rendering the state services: 1414, 8 800 080 7777.

 

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