State regulatory authorities controlling the mining industry
The mining sector is governed by the following competent nation-wide authorities in the Kyrgyz Republic: The Ministry of Economy, the State Agency on Geology and Mineral Resources, the State Inspectorate for environmental and technical safety, the State Agency for Environmental Protection.
The Ministry of Economy of the Kyrgyz Republic is the authorized state body for the development of the state policy on subsoil use. The main functions of the Ministry in the sphere of subsoil use are the following:
- development and implementation of a unified state policy in the sphere of subsoil management;
- development of statutory and regulatory enactments in the field of subsoil use;
- development of strategic documents in the field of subsoil use;
- development of draft international agreements in the sphere of subsoil use;
- assistance in attracting domestic and foreign direct investment in exploration and development of mineral deposits;
- monitoring and review of the mining industry of the Kyrgyz Republic;
- analysis of the legislative framework in the field of subsoil use in other countries;
- monitoring of the dynamics of investment in the mining sector, as well as tax payments by mining entities to the state budget;
- development of medium - long-term forecast of the mining industry;
- development of statutory and regulatory enactments on improvement of legislation in the field of subsoil use.
The Ministry of Economy is the key body for protection of entrepreneurs and investors, as well as a competent authority for issuing permits to conduct audits of any business operations.
The main objectives and functions of the State Agency on Geology and Mineral Resources are the following:
- implementation of the state policy on use of natural resources;
- creating favourable conditions for the development of the mining industry;
- introduction of the latest scientific and technological achievements and excellence in the course of of cartographic, topographic and geodetic operations;
- ensuring comprehensive geological subsoil exploration;
- protection of natural resources and the environment during exploration and development of mineral deposits;
- attracting direct foreign and domestic investments for exploration and mining;
- forecasting of mineral reserves and underground water sources in order to meet the needs of the economy, the population and the armed forces in wartime;
- fulfilment of the obligations in the sphere of subsoil and environmental protection under the conventions, projects, programs, implemented with financial and technical support from foreign donors.
The objective of the State Inspectorate for environmental and technical safety is the state supervision and control over compliance with the health and safety requirements for the human, animal and plant life, the environment as well as prevention of any adverse effects.
The Inspectorate performs the functions of supervision and control:
- of compliance with the requirements of the statutory legal enactments, technical regulations on mechanical, seismic, fire, environmental, industrial, energy, biological, chemical and radiation safety for products (facilities) and / or related manufacturing processes, construction, installation, commissioning, operation, storage, transportation, use, sale, landfilling, disposal, and utilization;
- of the enforcement of labour rights of the citizens as well as health and safety requirements;
- of the enforcement of obligations under international agreements within its competence;
- of compliance with the requirements for environmental protection, blasting, disposal and operation of tailings facilities, sludge tailings, dumps, landfills, as well as in exploration operations, cattle farming and other works related to the impact on natural systems;
- of compliance with safe work practices related to subsoil use.
The main functions of the State Agency on Environmental Protection are the following:
Implementation of state policy in the sphere of environmental protection and environmental safety (including chemical, biological and radiological) as well as proposal development for integrated environmental management, biodiversity conservation, environmental management, management of protected areas;
- Making proposals for investment in environmental protection and forestry;
- arrangement of protected areas functioning, management of natural reserve sector, development and due application of suggestions to the Government of the Kyrgyz Republic on development of a network of protected areas and natural sites;
- monitoring of environmental pollution;
- analysis of implementation of analysis of environmental pollution and informing the state authorities and business entities (for decision-making);
- implementation in cooperation with the ministries, administrative agencies, local governments and business entities, registration of natural resources use, emissions of hazardous substances, industrial and domestic waste and other harmful effects on the environment and their sources, including radioactive waste.