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ORDER OF THE CHAIRMAN OF COMMITTEE ON WATER RESOURCES OF THE MINISTRY OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 13, 2019 No. 170

About approval of provisions of basin inspectorates for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

(as amended on 11-02-2021)

According to the subitem 13) Item 20 of the order of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of August 1, 2019 No. 8-P "About approval of the Regulations on Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve:

1) the Provision of republican public institution "Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 1 to this order;

2) the Provision of republican public institution "Balkash-Alakolsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 2 to this order;

3) the Provision of republican public institution "Ertissky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 3 to this order;

4) the Provision of republican public institution "Esilsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 4 to this order;

5) the Provision of republican public institution "Zhayyk-Kaspiysky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 5 to this order;

6) the Provision of republican public institution "Nur-Sarysusky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 6 to this order;

7) the Provision of republican public institution "Tobol-Torgaysky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 7 to this order;

8) Provision of republican public institution "Shue-Talas basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", according to appendix 8 to this order.

2. Repeal the order of the Chairman of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan of December 15, 2016 No. 175 "About approval of provisions of basin inspectorates for regulation of use and protection of water resources of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan".

3. To provide to legal support division of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

1) the direction of the copy of this order in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan";

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-chairman of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective from the date of signing.

Chairman

A. Turlubek

Appendix 1

to the Order of the chairman of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of August 13, 2019 No. 170

Provision of republican public institution "Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan"

1. General provisions

1. The republican public institution "Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan" (further - Inspection) is territorial authority of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan" (further - Committee), within the competence performing realizable and control functions in the field of regulation of use and protection of water fund. Inspection has departments in Kyzylorda areas and in the city of Shymkent.

2. Inspection performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

The description of borders of territorial fields of activity of Inspection is provided in appendix to this Provision.

3. Inspection is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan, the account in bodies of treasury.

4. The inspectorate enters the civil relations from own name.

5. The inspectorate has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The inspectorate for questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff affirm according to the current legislation.

8. Location of the legal entity: Republic of Kazakhstan, index 120008, city of Kyzylorda, Ulitsa Amangeldy, house 107.

9. Full name of state body - republican public institution "Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan".

10. This Provision is the constituent document of inspection.

11. Financing of activities of inspection is performed from the republican budget.

12. The inspectorate is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Inspection.

If to Inspection legal acts provide the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

2. Main objectives, functions, rights and obligations of Inspection

13. Tasks:

1) ensuring coordination concerning realization of state policy in the sphere of management of water resources;

2) ensuring the state control in the field of management of water resources;

3) implementation of other tasks assigned to Inspection within the competence.

14. Functions:

1) exercises integrated management of water resources of the hydrographic pool on the basis of the basin principle;

1-1) exercises control of observance by owners of operating mode of water management constructions, and also the requirements established by regulatory legal acts in the field of safety of dikes;

2) performs coordination of activities of subjects of the water relations for use of water resources for the purpose of achievement of positive economic effect, reasonable, fair and ecologically steady water use;

3) enables preparation and the realization of basin agreements on recovery and protection of water objects;

4) conducting the state accounting, the state water inventory and the state monitoring of water objects on pools together with authorized state body in the field of environmental protection, authorized body on studying of subsoil;

5) is performed by coordination of the preproject documentation, construction projects and reconstruction of the companies and other constructions influencing condition of waters; documents on carrying out construction, dredging, explosive works on mining, water plants, laying of cables, pipelines and other communications, the cabin of the wood, and also drilling, agricultural and other operations on water objects, the water preserving strips and zones; actions plans of water users on preserving, improvement of condition of water objects;

6) is performed by coordination of offers on determination of sites of the companies and other constructions influencing condition of waters;

7) is performed by coordination of plans of local executive bodies of areas (the cities of republican value, the capital) on rational use of water objects of the respective pool;

8) participates in the works on mitigation of consequences which resulted from approach of emergency situations of natural and technogenic nature;

9) determines water use limits by water users and by the respective pool;

10) participates in tender on provision of water objects in the isolated or joint use;

11) approves schemes of complex use and protection of waters of the respective pool, service regulations of water objects and water management constructions;

12) participates in development of water management balances on the respective pool;

13) approves offers on provision of water objects in the isolated and joint use and water use conditions in them;

14) is informed by the population on the carried-out work on rational use and protection of water fund, on the taken measures for improvement of condition and quality of waters;

15) interacts with local executive bodies of areas (the city of republican value, the capital) and other interested state bodies concerning use and protection of water fund, water supply and water disposal;

16) carries out works on education and education of the population in rational use and protection of water fund;

Seals up 17) and registers the metering devices of waters established on constructions or devices on fence or dumping of waters by the physical persons and legal entities performing the right of special water use;

18) certifies tax statements on payment for use of water resources of superficial sources before submission to tax authority;

19) performs issue, action suspension, prolongation and renewal of permission to special water use, and also the termination of the right of special water use according to the procedure, established by the Water Code of the Republic of Kazakhstan of July 9, 2003;

20) the analysis of the recommendations prepared by basin council, implementation of measures for their realization, bringing recommendations of basin council to the interested state bodies and water users will organize work of basin council, carrying out consultations with members of basin council on questions of use and protection of water fund in the territory of the basin;

21) develops plans of intake of water and water division for interregional, interregional, interstate water objects and control of their observance;

22) exercises the state control of use and protection of water fund, observance of the water legislation of the Republic of Kazakhstan by physical persons and legal entities;

23) exercises control of operating mode of water storage basins of joint use, large water storage basins of cross-industry, interregional and interstate value;

24) exercises control of observance by physical persons and legal entities of the established water servitudes when using the water objects provided in the isolated or joint use;

25) exercises control of observance of borders of the water protection zones and strips, the set mode of economic activity on them and in especially protected water objects;

26) exercises control of observance of the established regulations and rules, limits of water consumption and water disposal of water objects, and also the mode of use of waters;

27) exercises control of observance of method of operation of water intaking constructions, water management systems and water storage basins;

28) exercises control of correctness of conducting primary accounting of quantity, the waters which are taken away from water objects and dumped in them, determinations of quality of waters, availability, serviceable condition and adherence to deadlines of the state certification of equipment and the equipment for accounting of consumption and dumping of waters, observance of fixed terms of the reporting by water users;

29) exercises control over the implementation by physical persons and legal entities of the conditions and requirements established by permissions to special water use, availability of the approved specific regulations of water consumption and water disposal with department of authorized body in the field of use and protection of water fund, water supply, water disposal, and also actions for fight against harmful effects of waters (floods, floodings, floodings, destructions of coast and other harmful phenomena

30) exercises control of observance of the procedure for provision established by the legislation of the Republic of Kazakhstan in the isolated and joint use of water objects;

31) exercises control of observance of the procedure for conducting the state monitoring of water objects and implementation of the state accounting of surface and underground water established by the legislation of the Republic of Kazakhstan regarding use and protection of water objects;

32) exercises control of availability of the project documentation approved in accordance with the established procedure and compliance of construction by it, reconstruction, modernization of objects of industries of the economy and other activities connected with use and protection of water objects, their water protection zones and strips;

33) exercises control of non-admission of unauthorized use of water objects;

Shows 34) according to the procedure, the established legislation of the Republic of Kazakhstan, the requirement about cessation of work of designing and construction of the water management and other objects influencing condition of the waters performed with violation of the established regulations and rules of use and protection of water fund, water supply and water disposal;

35) transfers materials about violation of the water legislation of the Republic of Kazakhstan to law enforcement agencies and court for involvement of guilty persons to responsibility and elimination of violations of the water legislation of the Republic of Kazakhstan according to the laws of the Republic of Kazakhstan;

36) makes claims for compensation of damage caused to the state in case of violation of the water legislation of the Republic of Kazakhstan in court;

37) is performed by production on cases on administrative offenses within the competence established by the laws of the Republic of Kazakhstan;

38) takes measures to elimination of violations of the water legislation of the Republic of Kazakhstan;

39) coordinates the project documentation on establishment of the water protection zones, protective strips of water objects, zones of sanitary protection of sources of drinking water supply

40) is approved by use of underground waters of drinking quality for the purposes which are not connected with drinking and economic and household water supply;

41) is approved by establishment of the place for mass rest, tourism and sport on water objects and water management constructions;

42) is approved by use of water objects and water management constructions for amateur and sports fishery;

43) registers declarations of safety of dikes for assignment of registration codes;

44) is approved by designing, construction and placement on water objects and (or) the water protection zones (except the water preserving strips) new objects (buildings, constructions, their complexes and communications), and also reconstruction (expansion, upgrade, modernization, reshaping) of the existing objects built before reference of the parcels of land occupied by them to the water protection zones and strips or other especially protected natural territories;

45) participates in development of the priority directions of interstate cooperation in the field of use and protection of water fund.

15. Rights and obligations of Inspection:

1) to adopt regulatory legal acts, obligatory for execution, within the competence;

2) to request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

3) to perform other rights and obligations provided by the existing legal acts.

3. Organization of activities of Inspection

16. Management of Inspection is performed of the Head of Inspection who bears the personal responsibility for accomplishment of the tasks assigned to Inspection and implementation of the functions by it.

17. The head of Inspection is appointed to position and dismissed by the chief of staff on soglaslvaniye with the Minister according to the legislation of the Republic of Kazakhstan.

18. The head of Inspection has deputies who are appointed to positions and are dismissed by the chairman of Committee, according to the legislation of the Republic of Kazakhstan.

19. Powers of the Head of Inspection:

1) within the competence to sign orders;

2) according to the legislation of the Republic of Kazakhstan to appoint to positions and to dismiss employees of Inspectorate;

3) to approve and determine obligations and powers, job descriptions of employees of Inspectorate;

4) in the procedure established by the legislation to impose authority punishments and to apply encouragement measures on employees of Inspectorates;

5) within the competence to resolve issues of sending, provision of leaves, advanced trainings of employees of Inspectorates;

6) in coordination with management of Committee within the competence to resolve sending issues, to make offers to higher management about encouragement of deputy managers of Inspections and the Head;

7) within the competence to take the measures directed to anti-corruption in Inspections and bears the personal responsibility for acceptance of anti-corruption measures;

8) to represent Inspection in state bodies and other organizations according to the current legislation of the Republic of Kazakhstan.

Execution of powers of the Head of Inspection in the period of its absence is performed by person replacing it according to the current legislation.

20. The head of Inspection determines powers of the deputies according to the current legislation.

4. Property of Inspection

21. Inspection can have on the right of operational management the isolated property in cases, stipulated by the legislation.

The property of Inspection is created at the expense of the property given it by the owner and also the property acquired as a result of own activities and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

22. The property assigned to Inspection belongs to republican property.

23. Inspection has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation.

5. Reorganization and abolition of Inspection

24. Reorganization and abolition of Inspection are performed according to the legislation of the Republic of Kazakhstan.

Appendix

to the Provision of republican public institution "Aralo-syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan"

Description of borders of territorial fields of activity of Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources

The territory of activities of Inspection includes river basin of the Syr Darya with inflows and part of the Aral Sea within the Republic of Kazakhstan.

In the administrative plan the territory of activities of basin inspection includes is proud Shymkent, the most part of Turkestanky area, almost all Kyzylorda area and insignificant part of the Aktyubinsk region.

The western border of the Aralo-Syrdaryinsky pool begins from frontier of the Republic of Kazakhstan and the Republic of Uzbekistan (point 1).

Repeating the coastline, the border goes north to the cape Kumsuat and in point 2 crosses administrative border of Kyzylorda and Aktyubinsk regions.

Then, the border of the pool turns on the northeast and goes to the north of the gulf Tushchybas and Malogo of the Aral Sea on the administrative border dividing Kyzylorda and Aktyubinsk regions through Keesha-Borsyk's sands, through mountains Altyn-Shokysu and becomes isolated in point of intersection of borders of Aralo-Syrdaryinsky, Zhayyk-Kaspiysky and Tobol-Torgaysky pools near the mountain Kolmas (point 3).

Here the line of the pool turns again, but already on the southeast, and through sands Barshakum goes on border of Kyzylorda and Aktyubinsk regions before crossing of administrative borders of the Aktyubinsk and Karaganda regions (point 4).

Then the border of the water management pool strictly follows on the administrative line dividing Kyzylorda and Karaganda regions, crossing sands Zhinishkekum, Priaralskiye Karakuma, the ridge Borioynak (to the north), sands Aryskum also reaches crossing of borders of the Syr Darya and Shiyeliysky districts of Kyzylorda area (points 66 and 5).

From here the border of the pool turns on the southwest, follows on the administrative border dividing the above-stated areas passes to the territory of Syrdarya Region, Saryapan crosses the natural boundary, again returns to the administrative border dividing the Syr Darya and Shiyeliysky districts. Further, the border of the water management pool goes on the southwest to the natural boundary Telikol and Telikol to the water management border dividing Aralo-Syrdaryinsky, Nur-Sarysusky and Shue-Talas basins turns on the southeast via the channel (point 6).

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