ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 2004 No. 284-I

About approval of Rules by determination of the size, the mode of use of lands of conservation zones and uses of lands for needs of rail transport in right of way

According to the subitem 26) Item 2 of article 14 of the Law of the Republic of Kazakhstan "About rail transport" PRIKAZYVAYU:

1. Approve the enclosed Rules by determination of the size, the mode of use of lands of conservation zones and uses of lands for needs of rail transport in right of way.

2. To committee of rail transport of the Ministry of Transport and Communications of the Republic of Kazakhstan (Baydauletov N. T.) provide submission of this order for state registration in the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the First vice-Minister of Transport and Communications of the Republic of Kazakhstan Lavrinenko Yu. I.

4. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Also uses of lands for needs of rail transport in right of way are approved by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan of July 23, 2004 No. 284-I "About approval of Rules by determination of the size, the mode of use of lands of conservation zones"

Rules by determination of the size, the mode of use of lands of conservation zones and uses of lands for needs of rail transport in right of way

1. General provisions

1. These rules by determination of the size, the mode of use of lands of conservation zones and uses of lands in right of way (further - Rules) are developed for needs of rail transport according to the Law of the Republic of Kazakhstan "About rail transport".

2. Rules regulate procedure for establishment and use of lands of conservation zones and rights of way of rail transport for the purpose of ensuring safe operation of railway tracks, other objects of rail transport, and also activities of participants of transportation process.

2. Procedure for establishment of the size, mode of use of lands of conservation zones of rail transport

3. Conservation zones of rail transport (further - conservation zones) are established for safety control of the population and safe operation of objects on the parcels of land adjoining right of way of lands for needs of rail transport.

4. Conservation zones belong to lands with special conditions of use of the earth within which those types of activity which are incompatible with the purposes of establishment of zones are limited or prohibited.

5. Need of establishment of conservation zones, the sizes and borders, special conditions of land use in their limits excluding possibility of negative impacts on subgrade and artificial features of rail transport are determined in projects on construction, reconstruction and repair of subgrade, proceeding from physiographic, soil, hydrological and other natural environment.

6. Owners of the parcels of land and land users within conservation zones perform economic activity on the specified parcels of land taking into account the restrictions set by these rules.

7. Conservation zones in regions of mobile sands, are established at distance at least 500 meters from each party from center line of rail line, including right of way.

Within conservation zones in regions of mobile sands violation of natural soil cover, defoliating, floors of dry grass, implementation of pasture of the cattle, journey of vehicles is not allowed.

8. Conservation zones on lands of forest fund, are established at distance at least 500 meters from each party from axis of extreme railway track.

In conservation zones, on lands of forest fund, the continuous cabin of wood and shrubby vegetation except for of the cabin for the purpose of leaving, sanitary and reforestation is not allowed.

9. In the conservation zones established in floodplains of the rivers, along coast of lakes and water storage basins, for the purpose of exception of washout of slopes of railway embankment and the water regulating constructions at bridges, the cattle pasture, the cabin of protective afforestations and bushes is forbidden.

10. The sizes of conservation zones in case of construction of support of air or cable line of electricity transmission of high tension, are established according to regulations of construction of these lines.

11. In conservation zones where support of air or cable line of electricity transmission of high tension are placed, placement of any buildings, structures and constructions, development of pits, carrying out link circuits, air or cable lines of electricity transmission is forbidden, and also the construction of highways is direct under wires and closer, than three meters from outer for journey of cranes, excavators and other similar mechanisms more than 22 meters high across.

12. The sizes of conservation zones over underground cable communication lines or electricity transmissions are determined by trench width for cables taking into account one meter in both parties from extreme cables.

13. The sizes of the conservation zones necessary for further step-by-step development of objects of rail transport in the future, are determined by results of technical and economic calculations on perspective taking into account economy of initial costs and ensuring further development of the high-level railway net in process of growth in volumes of transportations and provide possibility of development and achievement of capacity of objects of rail transport for the twenty fifth year from the moment of input of railway track in operation.

14. Within the conservation zones necessary for further step-by-step development of the high-level railway net in process of growth in volumes of transportations, the construction of capital buildings, structures and constructions, landing of afforestations, fruit-trees, and also laying of pipelines and other engineering communications, the device of trail roads, removal of cespitose cover, flash of virgin soil, laying of kitchen gardens, gradings which can worsen stability of slopes, and release of surface and economic and household waters is not allowed.

15. The sizes of conservation zones within which carrying out different types of economic activity can affect stability of subgrade and artificial features are determined on the basis of the engineering researches performed by the specialized organizations at the expense of the National operator of infrastructure or vetvevladelets.

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