ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2017 No. 331

About approval of Rules of establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones

According to subitem 30-3) of article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Rules of establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones.

2. To provide to department of power industry and coal industry of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after day of state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of September 28, 2017 No. 331

Rules of establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones

Chapter 1. General provisions

1. Rules of establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones (further - Rules) are developed according to subitem 30-3) of article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (further - the Law) and determine procedure for establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones.

2. In these rules the following concepts and determinations are used:

1) thermal networks - set of the devices intended for transfer of heat energy and (or) the heat carrier from sources of heat energy before the heatconsuming installations including central heat distribution stations and pumping points;

2) the conservation zone of thermal networks - the parcels of land which are taken away for the purpose of ensuring safety of thermal networks, creation of normal service conditions, prevention of their damages, and also accidents among the population which appeared in the conservation zone of these networks.

Other concepts and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan in the field of power industry.

3. These rules extend to the thermal networks of the Republic of Kazakhstan all operating, designed, under construction and modernized and are performed in its territory by legal entities and physical persons.

4. Control of condition of the conservation zone of thermal networks is provided with the organizations under which authority these networks by planned, periodic, and also unplanned surveys in case of technology violations in networks are.

5. Conservation zones of thermal networks are established without seizure of land at owners of the parcels of land and land users.

6. Physical persons and legal entities, including state bodies, branches and representations of legal entities, take measures for safety and safety of the thermal networks including passing on their territory.

7. Disputes between the organizations under which authority thermal networks are and physical persons and legal entities (their branches and representations), are solved according to the procedure, established by the civil legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for establishment of conservation zones of objects of thermal networks and special conditions of use of the parcels of land located in borders of such zones

Paragraph 1. Procedure for establishment of conservation zones of objects of thermal networks

8. For ensuring safety, creation of normal service conditions of thermal networks and prevention of accidents the parcels of land are taken away, conservation zones, minimum admissible distances from thermal networks to buildings and constructions are established.

9. The parcels of land for construction and operation of thermal networks are taken away according to the procedure, established by the legislation in the field of land relations of the Republic of Kazakhstan.

10. Conservation zones of thermal networks are established in the form of the land area along the route from outside side of building constructions in both parties to buildings, constructions and engineering networks with diameter of pipelines (further - Du):

1) elevated laying:

Du <200 mm - 10 m;

Du from 200 to 500 mm - 20 m;

Du> 500 mm - 25 m;

2) underground laying:

Du <500 mm - 5 m;

Du> 500 mm - 8 m.

11. Distance from historical and cultural monuments to thermal networks - at least 15 meters (further - m) (for the parting networks - at least 5 m).

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