Artisanal mining in the Republic of Kazakhstan is regulated by the Subsoil and Subsoil Use Code. This activity involves the extraction of precious metals and gemstones from placer deposits and technogenic deposits, permitted both manually and using limited-capacity mechanization.
Key Aspects of the Process
Obtaining a License:- An artisanal mining license grants exclusive rights to use a subsoil plot for relevant operations.
- Only citizens of the Republic of Kazakhstan are eligible to hold such licenses.
- Licenses are issued by regional executive authorities upon submission of the required applications.
Application Process: Applications are submitted to the local executive body of the region along with attached documents, including those detailing the use of the site and mechanization.
All documents must be notarized.
Conditions and Restrictions:- The use of electrical machinery (excavators, bulldozers) is restricted and permitted only within established norms.
- Extraction of more than 50 kg of precious metals per year from one site is not allowed.
- The use of chemical reagents and explosives is strictly prohibited.
Subsoil and Subsoil Use Code:This law outlines the main provisions regarding artisanal mining, incorporating legislative amendments. It emphasizes Article 263, which defines the rights and obligations of individuals holding an artisanal mining license, including the types of permissible activities and equipment.
Article 265 "On Licensing for Artisanal Mining":- Specifies the procedure for submitting applications to obtain licenses, including document requirements and deadlines.
- Establishes rules for reviewing applications and issuing decisions by executive bodies.
Order on Rules for Submitting and Approving Applications for Artisanal Mining:- Approves detailed procedures and document forms required for obtaining a license.
- Includes information on application registration, processing, and criteria for judicial rejection.
Legal Support:For individuals planning to engage in artisanal mining, legal support is essential to meet all conditions for obtaining and using a license. A legal firm can assist by:
- Preparing the application and accompanying documents.
- Providing consultations on compliance with the Code and other regulatory documents.
- Assisting clients in case of disputes or when appealing decisions by local authorities.
Obtaining an artisanal mining license in Kazakhstan is a complex legal process that requires thorough preparation and understanding of the current subsoil use legislation. Our legal firm offers a full range of services to support you at every stage of the process, ensuring compliance with all legal requirements and protecting your rights as a miner.