I.O'S ORDER. MINISTER OF ECOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2023 No. 137

About approval of Instructions for use flora

According to the subitem 9) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About flora" I ORDER:

1. Approve the enclosed Instructions for use by flora.

2. To provide to committee of forestry and fauna of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Ecology and Natural Resources 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 deputy. The Minister of Ecology and Natural Resources of the Republic of Kazakhstan of April 28, 2023 No. 137

Instructions for use flora

Chapter 1. General provisions

1. These rules of use of flora (further – Rules) are developed according to the subitem 9) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About flora" (further - the Law) and determine procedure for use of flora.

2. Provisions of these rules are not applied in the relation:

1) agricultural plants;

2) the plants growing on personal plots, sites for maintaining personal subsidiary farm, gardening, country construction and truck farming.

3. Use of the flora growing in border area can be limited, suspended or it is forbidden according to the legislation of the Republic of Kazakhstan on Frontier of the Republic of Kazakhstan if it is incompatible with purpose and the set special mode of these territories.

4. The basic concepts used in these rules:

1) wild-growing plants – the types of plants growing and extending in environment, natural to them;

2) use of flora – legally regulated activities for use of vegetable resources;

3) plants – vascular, Bryophyta of plant, alga, and also lichens and mushrooms;

4) flora – set of types of the plants, their populations and communities growing under natural conditions, and also which are artificially landed in certain territory;

5) the user of flora – physical person or legal entity which according to the Law and other laws of the Republic of Kazakhstan is granted right to use by flora;

6) the place of growth of plants – the parcel of land or water object with natural conditions for growth and development of type of plants.

Chapter 2. Procedure for use of flora

5. In the territory of the Republic of Kazakhstan the following types of use of flora are allowed:

1) according to the procedure of general use:

use of flora for personal and home use;

use of flora for the research, educational, cultural and educational, improving, recreational, esthetic, tourist purposes;

2) according to the procedure of special use:

use of flora for needs of livestock production;

use of flora for pharmaceutical, food and technical needs.

6. General use by flora is performed gratuitously and without the corresponding permissions.

7. Special use of flora is performed on condition of introduction of payment for use of vegetable resources according to the tax legislation of the Republic of Kazakhstan and the direction of the notification on procurement (collection) of wild-growing plants for pharmaceutical, food and technical needs (further - the notification) established by the Law and the Law of the Republic of Kazakhstan "About permissions and notifications".

8. Use of flora for personal and home use is performed by physical persons for the purpose of collection of wild-growing fruits, nuts, mushrooms, berries, medicinal raw materials and other vegetable resources, except for the rare and being under the threat of disappearance types of plants.

9. Collection by physical persons for personal and home use of wild-growing fruits, nuts, mushrooms, berries, medicinal raw materials and other vegetable resources is allowed within the regulations approved by the decision of local representative body of area, city of republican value and the capital on representation of local executive body of area, city of republican value and the capital according to article 28 of the Law.

10. Use of flora for the research, educational, cultural and educational, improving, recreational, esthetic and tourist purposes is performed with withdrawal or without withdrawal of wild-growing plants, their parts and derivatives and is allowed in cases if it does not make negative impact on flora and places of growth of plants according to Item 19 of these rules.

11. For the purpose of preserving flora, natural landscapes on the sites used for mass rest and tourism of the population, local executive bodies, owners of the parcels of land, land users, water users provide improvement of these sites according to the town-planning and architectural and construction documentation approved in accordance with the established procedure, ecological and health requirements.

12. Use of flora for needs of livestock production on sites of pastures is performed according to the approved plan for management of pastures and their use taking into account the established maximum permissible regulations of load of the total area of pastures and schemes of pasture rotations.

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