The Energy and Mineral Resources Ministry has drafted a new law on
mining and mineral resources, Energy and Mineral Resources Minister Sauat
Mynbayev told a government meeting in Astana on 6 August.
This law was drafted following the cancellation of several contracts
with the companies which had not fulfilled their obligations earlier this year
and which “has shown significant gaps in the legal provision for rights and obligations
of mining companies”.
The new law, once effective, will annul joint exploration and
development contracts. Winners of tenders for developing deposits of mineral
resources will be determined by the amount of bonus and social payments companies
will pledge, Mr Mynbayev said. The new law will ensure the government’s
priority right to purchase and will provide a thorough list of project
documents for mining operations and their correspondence to mining contracts.
Meanwhile, Prime Minister Karim Massimov has ordered Justice
Minister Zagipa Baliyeva to review the new draft law as quickly as possible so
that the government could submit it to parliament in autumn. Once the law is
passed, the old laws on oil, mining and mineral resources and law on production
sharing agreements will be revoked.
The government wants to stop the practice of signing production
sharing agreements. Some officials have even called for cancelling existing
production sharing agreements to force companies which signed these agreements
to pay all taxes and deprive them of their stable tax regimes.