KAZAKHSTAN Law and Practice Contributed by: Timur Odilov, Mikhail Abdulov, Olzhas Abubakirov and Dauren Sadykov, Haller Lomax LLP
and geological data, and is generally respon - sible for the aggregation and provision of access to geological data. • Local executive bodies ( akimats ), which are responsible for granting rights to land, grant - ing and revoking licences for artisanal mining, mining aggregates, and overseeing compli - ance with the licence conditions and require - ments of the SSU Code by holders of such licences. Please also refer to 5.2 Foreign Investment Restrictions 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 Resourc- es , subsoil use right has 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 Regula- tions . There are no overlaps of jurisdictions in Kazakh - stan. Exploration and mining rights are granted at the central ministerial level and mining rights for aggregates and artisanal mining are granted at local jurisdiction. Before 29 June 2018, the date of enactment of the SSU Code, mineral rights were granted through contracts. From 29 June 2018, mineral rights are granted by acts in the form of various types of licences: exploration licence, mining licence, aggregates mining licence, artisanal mining licences and
licence for use of subsoil space (for disposal of mining wastes). 1.7 Mining: Security of Tenure Mineral rights are protected by the general pro - visions of the Civil Code, specific provisions of the SSU Code, Administrative Procedural and Process-Related Code of 29 June 2020 (APPC) and additionally by bilateral investment treaties (BITs) ratified by Kazakhstan and applicable to foreign investments. Regarding BITs, please refer to 5.3 International Treaties Related to Exploration and Mining . Exploration Licence An exploration licence has the following features. • A reclamation security instrument to be fur - nished before the licence grant. • Licence area is exclusive and formed by blocks (a part of a block can be included). • No limit on the number of licences per person/company. Transferable, subject to national security review. • Entitles holder to explore any minerals. • Granted for six years plus potential exten - sion for five years subject to fulfilment of all licence obligations and mandatory surrender of blocks (if applicable). • If it includes ten or more blocks, 40% of blocks must be surrendered at the end of the initial licence term to allow further extension of the term. • Exclusive right to obtain a mining licence on priority basis within the term of the licence (subject to the discovery of a deposit of solid minerals, with confirmed resources and reserves substantiated by a report assess - ing the resources and reserves of such solid minerals).
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