LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 7, 2006 No. 175-III ZRK

About especially protected natural territories

This Law governs the public relations on creation, expansion, protection, recovery, steady use and management of especially protected natural territories and objects of the state natural and reserved fund representing special ecological, scientific, historical and cultural and recreational value, and also being component of national, regional and world ecological network.

Section 1. Basic provisions

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) biological resources - the genetic resources, organisms or their parts, populations or any other biotic components of ecological systems having the actual or potential usefulness or value for mankind;

1-1) biospheric wildlife reserves - the national natural park included in Worldwide network of biospheric wildlife reserves, the state national natural park or the state natural wildlife reserve and their conservation zones;

2) sawing of the round wood - open logs on boards and (or) other products of sawmilling, carried out on the sawing equipment;

2-1) traditional land use - the types of agricultural activities which historically developed in this region not making harmful effects on natural complexes, objects of the state natural and reserved fund and also adapted for this ecological system which are performed by owners of the parcels of land or land users;

3) especially protected natural territory - sites of lands, water objects and airspace over them with natural complexes and objects of the state natural and reserved fund for which the mode of special protection is set;

4) system of especially protected natural territories - the set of especially protected natural territories of different categories and types providing representative representation in them natural complexes of all geographical zones;

5) protection of especially protected natural territories (further - protection) - complex of actions which can be held in especially protected natural territory for identification and suppression of violations of the law of the Republic of Kazakhstan in the field of especially protected natural territories, the prevention, detection and liquidation of the fires;

6) protection of especially protected natural territories (further - protection) - complex of actions which can be held in especially protected natural territory for elimination of adverse effect of waters, protection of plants against wreckers and diseases, regulation of number of animals;

7) the state control in the field of especially protected natural territories - activities of authorized body in the field of especially protected natural territories on check and observation of the checked subjects regarding compliance of their activities to the requirements established by the legislation of the Republic of Kazakhstan during implementation and by results of which measures of right restrictive nature without rapid response can be applied;

7-1) state supervision in the field of especially protected natural territories - activities of authorized body in the field of especially protected natural territories on check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan, during implementation and by results of which measures of right restrictive nature, including rapid response can be applied;

8)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

9) authorized body in the field of especially protected natural territories (further - authorized body) - the state body performing management functions, control and supervision, protection and protection of especially protected natural territories;

10) functional zone especially protected natural the territories - the site of especially protected natural territory with the set mode of protection and use of lands;

11) functional zoning of especially protected natural territory - division of especially protected natural territory into functional zones for the purpose of establishment of the optimum mode of protection and use of objects of the state natural and reserved fund;

12) natural-science reasons - the scientific assessment of feasibility of creation or change of borders of especially protected natural territory made by the specialized scientific (research) and project (design and survey) organizations;

13) introduction - deliberate or accidental transfer of types of plants out of limits of places of their natural growth and animals out of circle limits of their dwelling;

14) the state natural and reserved fund - set of the environment objects taken under the state protection which have special ecological, scientific, historical and cultural and recreational value as natural standards, unique persons and relicts, genetic reserve, subject of scientific research, educations, educations, tourism and recreation;

15) objects of the state natural and reserved fund - geological, hydrogeological, hydrological, zoological, botanical and landscape objects and their complexes, especially valuable plantings of the state forest fund, wetlands, the key ornithological territories, unique natural water objects or their sites, rare and being under the threat of disappearance - types of plants and animals, the unique single objects of flora having special ecological, scientific, historical and cultural and recreational value;

16) recreational loading - the one-time number of vacationers on the unit area taking into account total time of type of rest for the accounting period or for unit of time;

17) the Chronicle of the nature - the code of data of the system observations performed by scientific divisions of the national natural parks, state national natural parks, state natural wildlife reserves and state regional natural parks of condition of the ecological systems and objects of the state natural and reserved fund which are conducted by single technique;

18) natural complexes - set of objects of biological diversity and inanimate nature, subjects to special protection;

19) steady use of natural complexes - use of biological resources of natural complexes thus and such rates which do not bring in the long term to depletion of biological diversity;

20) the nature protection organizations - the national natural parks, the state national natural parks, the state natural wildlife reserves, the state regional natural parks created in form of business of public institution (further - nature protection organizations), and the state zoological parks, the state botanical gardens, the state dendrology parks created in form of business of the state company;

21) the feasibility statement - the economic, ecological and social evaluation of feasibility of creation or change of borders of especially protected natural territory made by the specialized scientific (research) and project (design and survey) organizations;

21-1) coordination councils - the advisory advisory body formed under nature protection organizations, created for the purpose of ensuring transparency of decision making concerning tourism development and recreation in especially protected natural territories and also increases in effective management of nature protection organizations;

22) ecological corridor - the part of ecological network provided by the protected sites of lands and water objects connecting especially protected natural territories among themselves and to other types of the protected natural territories for ensuring natural migration (distribution) of objects of wildlife and preserving biological diversity;

23) ecological network - complex of especially protected natural territories of the different categories and types connected among themselves and with other types of the protected natural territories ecological corridors, organized taking into account natural, historical and cultural and social and economic features of the region.

Article 2. The legislation of the Republic of Kazakhstan in the field of especially protected natural territories

1. The legislation of the Republic of Kazakhstan in the field of especially protected natural territories and objects of the state natural and reserved fund is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The relations on use and protection of subsoil, waters, the woods and other natural resources of especially protected natural territories are regulated by special laws of the Republic of Kazakhstan in the part which is not settled by this Law.

3. The property relations in the field of especially protected natural territories are governed by the civil legislation of the Republic of Kazakhstan if other is not provided by this Law.

4. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. The basic principles in the field of especially protected natural territories

The basic principles in the field of especially protected natural territories are:

1) development of system of especially protected natural territories as basic component of the ecological network providing preserving and recovery of biological diversity, unique and typical landscapes;

2) state regulation, control and supervision in the field of especially protected natural territories;

3) preserving the state natural and reserved fund and natural ecological systems;

4) use of especially protected natural territories for the purpose of development of science, culture, education, education, tourism;

5) the paid nature of use of especially protected natural territories;

6) responsibility for violation of the legislation of the Republic of Kazakhstan in the field of especially protected natural territories;

7) participation of physical persons and legal entities in the solution of tasks in the field of especially protected natural territories;

8) availability of information in the field of especially protected natural territories;

9) international cooperation in the field of especially protected natural territories;

10) participation of coordination councils in the solution of tasks in the field of especially protected natural territories.

Article 4. Objects of the relations in the field of especially protected natural territories

Objects of the relations in the field of especially protected natural territories are natural complexes, including lands of especially protected natural territories, and also the objects of the state natural and reserved fund which are on these lands and lands of other categories.

Article 5. Subjects of the relations in the field of especially protected natural territories

Subjects of the relations in the field of especially protected natural territories are physical persons and legal entities, and also state bodies according to their competence established by the laws of the Republic of Kazakhstan.

Chapter 2. Public administration, control and supervision in the field of especially protected natural territories

Article 6. System of ensuring protection of especially protected natural territories

Ensuring protection of especially protected natural territories log in:

1) Government of the Republic of Kazakhstan;

2) authorized body, including its department with territorial subdivisions;

3) the central executive bodies under which authority especially protected natural territories are;

4) representative bodies of areas, cities of republican value, the capital within their competence determined by this Law and other laws of the Republic of Kazakhstan and bylaws of the Republic of Kazakhstan;

5) executive bodies of areas, cities of republican value, the capital within their competence determined by this Law and other laws of the Republic of Kazakhstan and bylaws of the Republic of Kazakhstan;

6) nature protection organizations;

7) the physical persons and legal entities performing activities in the field of ensuring protection of especially protected natural territories.

Article 6-1. Public administration in the field of especially protected natural territories

Public administration in the field of especially protected natural territories is exercised:

1) President of the Republic of Kazakhstan;

2) Government of the Republic of Kazakhstan;

3) authorized body, including its department with territorial subdivisions;

3-1) central executive body performing functions of public administration in the field of tourist activities;

4) the central executive bodies under which authority especially protected natural territories are;

5) representative and executive bodies of areas, cities of republican value and the capital within their competence determined by this Law, other laws of the Republic of Kazakhstan and bylaws of the Republic of Kazakhstan.

Article 7. Competence of the Government of the Republic of Kazakhstan

Are within the competence of the Government of the Republic of Kazakhstan:

1) development of the main directions of state policy in the field of especially protected natural territories;

2) right of possession, uses and orders of especially protected natural territories of republican value with the status of the legal entity and objects of the state natural and reserved fund of republican value;

3) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023

3-1) decision making on withdrawal of the rare and being under the threat of disappearance types of plants and animal, their parts or derivatives and approval of amounts of their withdrawal;

4) approval:

list of objects of the state natural and reserved fund of republican value;

абззац third is excluded

the paragraph the fourth is excluded

the paragraph the fifth is excluded

procedure for abolition of the state natural wildlife areas of republican and local value and state reserved zones of republican value and reduction of their territory;

rules of maintaining the Red List of the Republic of Kazakhstan;

the list of the rare and being under the threat of disappearance types of plants and animals;

the list of especially protected natural territories of republican value;

procedure for transfer of lands from one category in another in the cases established by parts two and third Item 2 of article 23 of this Law;

5) provision and seizure of land, including for the state needs, from lands of all categories in the cases connected with creation and expansion of especially protected natural territories of republican value;

6) creation and expansion of especially protected natural territories of republican value;

6-1) transfer of lands of especially protected natural territories to lands of inventory, and also transfer of lands of inventory back to lands of especially protected natural territories according to the offer of authorized body in the cases established by parts two and third Item 2 of article 23 of this Law;

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