KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Alnur Dauylbay, Haller Lomax LLP
• the Law on Civil Protection (safety law) of 11 April 2014. 1.3 Ownership of Mineral Resources The RoK Constitution mandates (as amended on 8 June 2022) that the land and its subsoil, water, flora and fauna, and other natural resources are owned by the people of Kazakhstan. However, the property right on behalf of the people of Kazakhstan is exercised by the state. The state, represented by the government, grants mineral titles on the grounds, conditions and to the extent provided by the SSU Code. Minerals mined and extracted by subsoil users become their private property. However, the government and/or the parliament may introduce any restrictions they consider appropriate. For instance, amendments were made to the Indus - trial Policy Law of 27 December 2021 on 9 October 2024, requiring producers of domestic raw materials to supply them to domestic manufacturers at spe - cial competitive prices, should such raw materials be included in the list of domestic raw materials. The amendments imply an export ban on listed raw materials until satisfaction of domestic demand. It is provided that the listed raw materials may be export - ed under a special licence issued by the MIC subject to the conclusion of and compliance with a supply agreement with local manufacturing enterprises. 1.4 Role of the State in Mining Law and Regulations Depending on the type of mineral (eg, solid minerals, aggregates, hydrocarbons or uranium) and the type of operation, the state is represented by the following authorities: • MIC, which is responsible for state policy in the mining sector other than mining uranium, granting and revoking exploration and mining licences, and overseeing compliance by the licence holder with the conditions of the licence and requirements of the SSU Code.
• Ministry of Energy, which is responsible for state policy in the hydrocarbon industry, concluding and terminating exploration and/or production contracts for hydrocarbons and overseeing sub - soil users’ compliance with the conditions of their contracts and requirements of the SSU Code. • Agency of the RoK for Atomic Energy (“Agency”), which is responsible for state policy in the uranium industry, granting and revoking exploration licences for uranium, concluding and termination of explora - tion and/or production contracts for uranium min - ing, and overseeing subsoil users’ compliance with the conditions of the uranium exploration licences, contracts on uranium and requirements of the SSU Code. • GeoCom, which is responsible for state policy in geology, granting licences for geological survey and licences for the use of subsoil space, and overseeing reporting on mining and geological data, and is generally responsible for the aggrega - tion and provision of access to geological data. • Local executive bodies ( akimats ), which are responsible for granting rights to land, granting and revoking licences for artisanal mining, mining aggregates, and overseeing compliance with the licence conditions and requirements of the SSU Code by holders of such licences. Please also refer to 5.2 Foreign Investment Restric- tions and Approvals in the Exploration and Mining Sectors regarding a mining right to uranium deposits. 1.5 Nature of Mineral Rights As noted in 1.3 Ownership of Mineral Resources , subsoil use rights have a constitutional basis and these rights are issued by state authorities. Subsoil use (minerals) rights hold the status of property. 1.6 Granting of Mineral Rights The granting authorities are described in 1.4 Role of the State in Mining Law and Regulations . There are no overlaps of jurisdictions in Kazakhstan. Exploration and mining rights are granted at the cen - tral ministerial level, and mining rights for aggregates and artisanal mining are granted at local jurisdiction.
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