KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Dauren Sadykov, Haller Lomax LLP
tion of solid minerals executed prior to the SSU Code. There are also several government resolutions and an extensive list of subordinated by-laws of the mining authority (currently the MIC) which regulate specific issues and procedures in the exploration and mining sectors. Other main legislative acts applicable to the exploration and mining activity include: • the Environmental Code of 2 January 2021 (the “Environmental Code”); • the Tax Code of 25 December 2017 (the “Tax Code”); • the Land Code of 20 June 2003; • the Business Code of 29 October 2015 (the “Business Code”); • the Law on Precious Metals and Precious Stones of 14 January 2016; and • 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, as noted in last year’s
Practice Guide to the Parliament, amendments were made to the Industrial Policy Law of 27 December 2021 (the “Industrial Law”) on 9 Octo - ber 2024, requiring producers of domestic raw materials to supply them to domestic manufac - turers at special competitive prices, should such raw materials be included in the list of domestic raw materials (“Supply List”). The amendments imply the export ban of list - ed raw materials until satisfaction of domestic demand. It is provided that the listed raw mate - rials may be exported under a special licence issued by the MIC (“Export License”) subject to conclusion and compliance with supply agree - ment with local manufacturing enterprises. 1.4 Role of the State in Mining Law and Regulations Depending on the type of mineral (eg, solid min - erals, 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 min - ing 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 the state policy in the uranium and hydrocar - bon industries, concluding and terminating exploration and/or production contracts for hydrocarbons and contracts on mining ura - nium, and overseeing subsoil users’ compli - ance with the conditions of their contracts and requirements of the SSU Code. • GeoCom, which is responsible for the state policy in geology; granting licences for geological survey and licences for the use of subsoil space, overseeing reporting on mining
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