Prevention of violations of the law in the field of subsoil use for common minerals
Legislation in the field of subsoil use is based on the principles of rational management of the state subsoil Fund, ensuring environmental safety in the use of subsoil, availability of information in the field of subsurface use, payment for subsurface use, integrity of subsurface users, stability of subsurface use conditions. (article 4 Of the code of the Republic of Kazakhstan on subsoil and subsoil use).
In turn, in accordance with the requirements of the Land Code of the Republic of Kazakhstan, subsoil users are obliged to use the land in accordance with its intended purpose.
The Department of Land Relations (hereinafter referred to as the Department), when monitoring reports in the field of common mineral resources (hereinafter referred to as CM), received from the authorized body for the study of mineral resources, sends notifications to subsoil users to fulfill contractual obligations, and in case of gross violations of contractual obligations, terminates the contract unilaterally okay.
According to clause 8 of the Order of the Minister for Investment and Development of the Republic of Kazakhstan dated May 24, 2018 No. 375 “On approval of the rules for monitoring compliance with the terms of contracts and (or) subsoil use licenses” (hereinafter - the Order), in case of violation by the subsoil user of the terms of the contract body (state body that is a party to the contract) in writing indicates the obligation of the subsoil user to eliminate such a violation within the prescribed time.
Based on the foregoing, the Department recommends that subsoil users in the field of opencast mining do not violate contractual obligations in order to prevent termination of contracts and revocation of issued mining licenses.