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LAW OF TURKMENISTAN

of October 20, 2018 No. 76-VI

About land reclamation

(as amended of the Law of Turkmenistan of 08.06.2019 No. 160-VI)

This Law determines legal, economic and organizational basis of carrying out land reclamation and governs the relations arising in this area.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) land reclamation – complex of the agrotechnical, hydrotechnical, timber, forest cultural, chemical and other meliorative actions directed to radical improvement adverse natural (hydrological, soil, agroclimatic) conditions of lands for the purpose of rational and stable use of land resources;

2) meliorative condition of lands – data on depth and mineralization of the subsoil waters influencing degree of moisture content of the upper layers of lands and also on amount of the salts containing in arable layer of lands;

3) meliorative system – property complex which part hydromeliorative systems and separately located hydrotechnical constructions are (further – objects of water economy), border forest belts, and also operational roads, bridges, necessary for their operation and servicing, and other interconnected constructions and devices providing creation of favorable meliorative condition of lands and maintenance optimum for agricultural plants and other plantings of the water, air, thermal, salt and nutritive modes of soils and also watering of pastures;

4) meliorative actions – designing, construction, reconstruction and operation of meliorative systems, land development, irrigation of lands, increase in fertility of soils, watering of pastures, creation of border forest belts, and also scientific and technological ensuring these works;

5) agromeliorative practices – the layout, irrigation and plowing of lands, furrowing, demultiplexing of the soil, deep loosening, carrying out beds, and also other agrotechnical works;

6) the state meliorative systems – the meliorative systems which are in state-owned property and providing interregional and (or) intereconomic water distribution and water disposal, antiflood protection and also antierosion and pasture - the border forest belts necessary for ensuring the state needs;

7) hydromeliorative systems – complex of technology interconnected gidyorotekhnichesky constructions, the equipment and equipment intended for watering, watering and removal of collector drainage waters of lands (irrigating and collector and drainage networks, pipelines, water storage basins, dams, water supporting constructions, water lifting stations, water intaking and other hydrotechnical constructions);

8) hydrotechnical constructions – artificially framed constructions for the purpose of regulation of use and protection of water resources, water supply, withdrawal of drainage and exhaust waters and elimination of harmful effects of waters;

9) intereconomic meliorative systems – the meliorative systems which are in state-owned property and servicing two or several farms, and also other water consumers;

10) intraeconomic meliorative systems – the meliorative systems which are in property of one or several legal entities or physical persons, or transferred in accordance with the established procedure to use to legal entities or physical persons;

11) users of meliorative systems are land users on whose parcels of land meliorative systems are located, and also is carried out land reclamation (is carried out);

12) separately located hydrotechnical constructions – the engineering constructions and devices which are not entering hydromeliorative systems and providing regulation, rise, giving, water distribution to consumers, removal of waters, protection of soils against water erosion, antimudstone and protection against landslide;

13) inventory count of meliorative systems – collection and systematization of information on availability, the location, the occupied space, technical condition, cost and meliorative system and its separate parts other information;

14) the meliorative inventory of irrigated lands – the component of the State land cadastre including system of information on meliorative condition of irrigated lands;

15) border forest belts – antierosion and water preserving forest belts, and also the natural and artificially framed wood and shrubby vegetation (plantings) which is not entering into forest fund intended for protection of soils against wind and water erosion, and also for protection of meliorative systems and separately located hydrotechnical constructions against harmful effects of natural and anthropogenous factors;

16) watering of pastures – complex of the actions intended for providing livestock production with water of objects in the anhydrous and shallow territories with use of hydrotechnical constructions and temporary surface runoffs (kak, sardoba, water storage basins and small lakes).

Article 2. Legislation of Turkmenistan on land reclamation

The legislation of Turkmenistan on land reclamation is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan governing the relations in the field of land reclamation.

Article 3. Main objectives of land reclamation

Land reclamation is performed for the purpose of:

1) rational use and protection of water resources;

2) improvements of meliorative condition of lands;

3) increases in fertility and steady preserving lands;

4) increases in production of agricultural products as a result of recovery and stable preserving soil fertility on agricultural grounds;

5) involvement in agricultural turnover of not used and unproductive lands holding meliorative actions;

6) protection of lands from mudstone and flood waters, wind and water erosion, increase in level of underground waters;

7) development of new lands;

8) ensuring watering of pastures.

Article 4. The basic principles in the field of land reclamation

Land reclamation is based on the following principles:

1) state regulation of land reclamation;

2) state accounting of meliorative systems;

3) providing ecological safety when holding meliorative actions;

4) justification of holding meliorative actions;

5) implementation of the innovation technologies in case of construction and operation of meliorative systems;

6) preserving and rational use of lands;

7) protection of the rights and legitimate interests of users of meliorative systems and other parties.

Chapter II. State regulation in the field of land reclamation

Article 5. The bodies performing state regulation in the field of land reclamation

State regulation in the field of land reclamation is performed by the Cabinet of Ministers of Turkmenistan, authorized state bodies and local executive bodies.

Treat authorized body in the field of agricultural industry and environmental protection authorized state bodies and authorized body in the field of water economy.

Article 6. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the field of land reclamation:

1) determines state policy;

2) approves state programs;

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