Day 2 igor petrakov legal - kazakhstan

1. Igor Petrakov
3-4 July 2014
Almaty Kazakhstan
Groundwater Resources Assessment
The system of management, use and protection of groundwater

2. Underground waters are the most valuable
resources, which play a crucial role in the life of
Kazakhstan and especially in the lives of people.
They are widely used for household and drinking
water supply, irrigation and livestock, industreal
production and technical water supply, medical
treatment, processing, and also as a source of heat

3. The law of the Re public of Kazakhstan
“On subsoil and subsoil use”
This law regulates social relations in the sphere of subsoil use and is aimed at
protecting the interests of the Republic of Kazakhstan, rational and
comprehensive study and utilization of mineral resources.
Article 3. Scope of this Act
1. This Law regulates relations arising from the
conduct of mining operations.
2. Relations of the use and protection of soil, water
(except ground water and mud), forests, flora and fauna,
air, regulated by special legislation of the Republic of
Kazakhstan.

4. The water code of the Republic of
Kazakhstan
Groundwater objects (Article 13)
To groundwater objects include:
1) aquifers horizons and complexes of rocks;
2) groundwater basin;
3) fields and areas of groundwater;
4) Naturally healing groundwater on land or under water;
5) flooded subsoil.
Article 58. The state recording of the surface and underground waters
1. The state recording of the surface and underground waters is a systematic estimation and
fixation of quantitative and qualitative indicators of water resources, available in the territory
of the Republic of Kazakhstan, in the order, defined by the legislation of the Republic of
Kazakhstan.
2. The data of the state recording of the surface and underground waters characterize the
status of the surface and underground water bodies in qualitative and quantitative indexes,
the level of their industrial and environmental safety for human life and health, their study
and use.
3. The state recording of the surface and underground waters shall be carried out by the
authorized body in conjunction with the authorized body for study and utilization of mineral
resources, taking into account the data on use of the surface and underground waters,
submitted by the water users and hydro-meteorological service.

5. The water code of the Republic of
Kazakhstan
Special water use (Article 66)
Use of water and water facilities for drinking water and
domestic water supply (Article 90)
Centralized drinking and domestic water supply for the
population (Article 91)
Specifications of protection of groundwater (Article
120)

6. Resolution of the Government of the Republic of Kazakhstan
dated July 21, 1999 № 1019 On approval of the Unified
regulations on protection of mineral resources in the development
of fields of solid minerals, oil, gas, groundwater in the Republic of
Kazakhstan
The regulations contain a set of requirements for rational and complex use of
subsoil and environment protection at all stages of subsoil use.
The sections of the rules on groundwater:
- Basic information about underground waters
- Exploitation of ground water intake
- Main requirements to the water intake facilities.
- Operation of wells to heat water
- Control over groundwater extraction
- Protection of mineral resources, and the environment where subsurface
operations are conducted
- The control and supervision of use and protection of groundwater,
responsibility for violation of the rules

7. Directive of the Minister of energy and natural resources of
Republic Kazakhstan from August, 13th, 1997 N 99 "On
approval of the Classification of operating reserves and
forecast resources of underground waters"
Classification establishes uniform approach for the
Republic of Kazakhstan principles of assessment and
the state assessment of operating reserves and
resources estimate of underground waters to the
level of study and preparedness of fields for further
study and use, taking environmental and other
restrictions

8. Item condition of the mi neral resource base of the
country
From 7323 posts of national monitoring network for
groundwater monitoring, including 9 posts of seismic
monitoring, suspended and dissolved 3088, which
worsened sanitary-epidemiological situation in the country.
Over 3,900 locations in the Republic, having no other
sources of drinking water was not provided by the
groundwater fresh water reserves orphan oil, gas and
flowing water wells, oil and slag pits put huge damage to
the economy, for elimination of which it is necessary 32
billion tenge.

9. The structure of the autho rized body of groundwater
management

10. Territorial ground water management

11. The optimal scheme of structure of management of hydrogeological
research in the period of their development and formation
The Ministry of Geology and protection of mineral resources 1958
The Ministry of energy and mineral resources 1990
The Ministry of industry and new technologies 2010
Kazakh hydrogeological trest 1958
Kazakh hydrogeological governance 1965
Hydrogeological Industrial Association "Kazgidrogeologiya" 1967
A complex expert expedition
(development of methodological
framework of scientific and industrial
research and hydrogeological
modeling)
The Central Laboratory (complex of
laboratory research in
hydrogeology, engineering geology,
soil mechanics)
Administration of production and
technical support and
completion
Thematic consignment (edition of
annual bulletin on accounting,
control protection from depletion
and contamination of groundwater
Department of Nature Protection
and sustainable use of natural
resources
Territorial hydrogeological expeditions
Almaty Zhambyl Kyzyl Orda Semipalatinsk
North Kazakhstan Taldy-Korgan Celinograd Ural
South Kazahkstan Kostanay Pavlodar
Logs on groundwater protection
from depletion and pollution

12. Authorization procedures in t he field of special groundwater
use
State body issuing permission: regional bodies of the Committee
on Water Resources of the Ministry of Agriculture - Basin
inspection to regulate the use and protection of water resources.
Permission is given to the following types of special water use:
discharge of treated industrial, municipal, drainage and other
waste water into surface water objects; use of part of subsoil
drinking and domestic, and industrial groundwater extraction limits
from fifty to two thousand cubic meters per day; abstraction and
use of water in excess of 50 cubic m. / day of surface water for
agriculture, industry, energy, transport and fishery; abstraction
and water supply from surface water objects to the secondary
user.

13. List of documents for obtaining permission:
Permission for special water is given to legal entities and individuals:
-having an account, corresponding with the requirements and standards of construction
or technical devices by means of which is carried out collection of sewage and drainage,
as well as devices by which withdrawals of groundwater objects are made;
-tools of the water discharge and quality control;
-agreement with the secondary water users for wastewater and drainage water
shedding;
-agreement for the supply of water to secondary water users;
-State expert decision on groundwater reserves and geological information on
groundwater object. (In case of a negative state geological expertise, permission is
approved on the condition of exploration up to 2 years and holding at the expiration of
this period, state assessment of the competent authorities on the use and conservation
of resources). With the provision of the following documents:
statement in the prescribed form, with the name of the groundwater object, volume of
intake and coordinate of groundwater source, and the places and the volume of sewage
and drainage water;
notarized copy of the certificate of state registration of a legal entity;
-act of land allotment for construction, technical devices, by means of which intake or
discharge of sewage and drainage water are carried out;

14. List of documents for obtaining permission:
-passport of water structures or devices;
-tax body certificate of registration or certificate of state registration of a person as an
entrepreneur with the state tax authority;
-agreeing the terms of special water use with a regional body of the authorized body in
the field of use and protection of water resources;
-central executive body in the field of environmental protection;
-executive bodies acting in the field of sanitary and epidemiological welfare of the
population in their relevant territories;
-competent authorities for study and operation of mineral resources (groundwater at a
fence); in the veterinary field (at the fence groundwater for livestock and animal product
processing and discharge of wastewater from livestock buildings enterprises for
processing of livestock products);
territorial bodies of specially authorized body in the field of protection, reproduction and
use of fish stocks and other aquatic animals (for drainage or discharge of waste water
into water objects for fishery).
-operation project of the groundwater body, agreed with the authorized body for the
study and utilization of mineral resources (in the case of groundwater abstraction).

15. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
The authority responsible for preparing the documents of the contract on subsoil use:
Regional Department of Commerce and Industry (RDCI)
Other interacting agencies:
Administration of SKR (South-Kazakhstan region);
South-Kazakhstan territorial Department of Geology and Subsoil use "Yuzhkaznedra
Territorial";
South-Kazakhstan Regional Inspectorate of Geology and subsoil use;
Department of Natural Resources and Environmental Sciences of SKR;
Administration of land relations of SKR;
Regional territorial administration of land resources;
SKR territorial department of the protection of environment.
Department of Justice of SKR;
Department of Economics and Budget Planning of SKR;
Tax Committee of SKR;
Department of State Sanitary and Epidemiological Investigation of SKR;
Agency for State Control of Emergency Situations and Industrial Safety of SKR

16. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 1:
Visit I. Department of industry and entrepreneurship.
Actions:
Receive oral information regarding procedures: the passage of the contest for
obtaining subsoil use rights, execution of the subsoil use contract and the list
of required documents.
Executor:
Employees of the Department of construction industry of Department of
Entrepreneurship and Industry of SKR.

17. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 2:
Application to the supervised Deputy Mayor of SKR
Actions:
Application with request for the exhibition of a plot or field to competition for
granting rights of subsoil use with obligatory indication of the site, type of
work, mineral, district or city, as well as the coordinates of the corner points in
the plot forward to Administration of SKR
Executor:
Applicant

18. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 3:
Forwarding an Application to Department of Entrepreneurship and Industry
Actions:
Supervised Deputy Mayor of SKR forwards application to Department of
Entrepreneurship and Industry
Executor
Employee of Mayoralty of SKR

19. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 4:
The request of the Department. The Department sends a request to the
authorized bodies coordinates of the corner points of sites, areas and fields
regarding the freeness of the subsoil and others: South Kazakhstan territorial
administration of geology and subsoil use TA (territorial administration)
"Yuzhkaznedra";
Actions:
The Department of natural resources and environmental management of SKR;
Administration of land relations of South Kazakhstan Region; Regional
territorial administration on land resources administration; the South
Kazakhstan territorial Department of environmental protection.
Executor:
Administration on state control for emergencies and industrial safety of SKR
Specialists of the Department of construction industry of Department of
Entrepreneurship and Industry of SKR

20. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 5:
Publications in mass media
Actions:
Publication of notification about holding a competition on the list of
available subsoil plots in republican periodical printed publications of
Kazakhstan, terms of competition holding are specified in the
notification.
Executor:
Specialists of the construction industry unit of Department of
Entrepreneurship and Industry of SKR

21. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 6:
Preparation and submission of tender documentation
actions:
Submission of tender documentation sealed and in duplicate to
Department of Entrepreneurship and Industry
Executor:
Applicant

22. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 7:
Carrying out of competition
Actions:
Carrying out of competition in two stages: - opening of envelopes,
checking content - results of the contest;
Executor:
Regional competition commission

23. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 8:
Publication of competition results in an official publication
Actions:
Publication of results of the competition in the official periodical
printed publications of Kazakhstan
Executor:
Specialists of the construction industry unit of Department of
Entrepreneurship and Industry

24. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 9:
Getting extract from the minutes of the tender committee
Actions:
Getting extract from the minutes of the tender committee on the
recognition of bid winning
Executor:
Specialists of the construction industry unit of Department of
Entrepreneurship and Industry

25. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 10:
Contract making
Actions:
Contract making
Executor:
The winner of the competition

26. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 11:
Passing expertise and obtaining conclusion
Actions:
Passing expertise, getting conclusions on the contract:
South Kazahstan territorial Department of geology and subsoil use TA
(territorial administration) "Yuzhkaznedra Territorial" (Almaty, Dostyk 85,
phone: 8 (727) 272-60-87, 72-58-77);
South Kazakhstan Department of Justice;
South Kazakhstan Department of Economics and Budget Planning;
South Kazakhstan Tax Committee;
South Kazakhstan Department of State Sanitary and Epidemiological
Surveillance;
South Kazakhstan territorial department of environment protection;
South Kazakhstan Administrative for State Control of Emergency Situations
and Industrial Safety;
Executor:
Subsoil user

27. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 12:
Signing of a contract
Actions:
submission of the contract to the Department of Business
and Industry in duplicate for approval
Executor:
Subsoil user

28. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 13:
Submission of agreed contract to Mayoralty of SKR
Executor:
Specialists of the construction industry unit of
Department of Entrepreneurship and Industry

29. Scheme of the contracting process for subsoil operations
on commonly occurring minerals on the example of South-
Kazakhstan region
Step 14:
Contract Registration
Actions:
Registration in the Department of Business and Industry
Executor:
Specialists of the construction industry unit of
Department of Entrepreneurship and Industry

30. Structure of the object and observation network of State
groundwater monitoring
Object of State groundwater monitoring
of local monitoring Of regional monitoring of republican monitoring
Studied objects = Objects of generalization objects under study objects under Objects of generalization study Objects of generalization
Territories of the republic, large
territories of regions of national
importance, within stressed
zones (the Aral sea ,
Semipalatinsk nuclear testing
ground and others. Territories of
transboundary fluxes of
underground waters and others
Large hydrogeological
regions, large regions of
national importance
State (supporting)
Local
(specialized)
Regional background
Natural systems, natural and
man-made loaded: basins of
groundwater of different orders,
aquifers, watersheds and other
Natural-technogenic system
(deposits of underground waters,
areas of groundwater contamination,
urban territories, arrays of irrigation
and other)
Monitoring of subsoil
area (nature use)
Separate natural and technical
systems within the mining
lease, land and subsoil, as well
as their areas of influence:
intakes, quarries, mines,
landfills, burial, etc.
Specialized departmental and private
(of subsoil users)
Observation network SGM (state
groundwater monitoring)

31. Thank you for your attention!
Petrakov Igor A. – a political analyst, a lawyer, an
expert on water law and national law.
Apt. 30, 12 Tole bi Kazakhstan, Almaty
Tel.: (3272) 91-93-49 (home) Mob.: 8 701 347 24 62
Fax: (3272) 91-24-11 ipetrakov@bk.ru