ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2023 No. 1046

About approval of Translation rules of lands of inventory to lands of zone of nuclear safety

According to subitem 3-4) of Article 13 of the Land code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Translation rules of lands of inventory to lands of zone of nuclear safety.

2. This resolution becomes effective after ten calendar days after day of its first official publication, but not earlier than January 1, 2024.

Approved by the Order of the Government of the Republic of Kazakhstan of November 28, 2023 No. 1046

Translation rules of lands of inventory to lands of zone of nuclear safety

Chapter 1. General provisions

1. These rules of transfer of lands of inventory to lands of zone of nuclear safety (further - Rules) are developed according to subitem 3-4) of Article 13 of the Land code of the Republic of Kazakhstan (further - the Code) and determine procedure for transfer of lands for inventory to lands for zone of nuclear safety.

2. In these rules the following basic concepts are used:

1) authorized body in the field of use of atomic energy (further - authorized body) - the central executive body performing management in the field of use of atomic energy;

2) the land commission - collegiate organ under local executive body of area, city of regional value (in the territory placed under its administrative authority) and the area for consideration of the applications (requests) and preparation of the conclusions about provision of the rights to the parcels of land (about determination of the winner of tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production), change of purpose of the parcels of land (except for lands of settlements) and transfer of lands of water fund to lands of other categories;

3) authorized organization for ensuring functioning of the Semipalatinsk area of nuclear safety (further - authorized organization) - the legal entity determined according to the Law of the Republic of Kazakhstan "About the Semipalatinsk area of nuclear safety" for ensuring functioning of the Semipalatinsk area of nuclear safety from among the state companies which are under authority of authorized body;

4) the earth of zone of nuclear safety - the lands provided in the procedure established by the legislation of the Republic of Kazakhstan for creation and functioning of zone of nuclear safety.

Other concepts used in these rules are applied according to the Code, the laws of the Republic of Kazakhstan "About radiation safety of the population", "About use of atomic energy" and "About the Semipalatinsk area of nuclear safety".

Chapter 2. Procedure for transfer of lands for inventory to lands of zone of nuclear safety

3. Comprehensive ecological examination of the parcels of land on which testing of nuclear weapon were carried out is carried out according to method of carrying out comprehensive ecological examination of the parcels of land on which testing of nuclear weapon were carried out, of the Minister of Energy of the Republic of Kazakhstan approved by the order of April 8, 2022 No. 126 (it is registered in the register of state registration of regulatory legal acts for No. 27680) (further - technique).

The authorized organization according to Item 120 of technique prepares the materials of comprehensive ecological examination proving borders and land areas which are subject to transfer to lands of zone of nuclear safety (further - materials), and sends them for approval in authorized body.

4. The authorized body within 30 (thirty) working days from receipt date of the materials specified in Item 3 of these rules approves materials or issues the motivated answer about refusal in approval in cases of incompleteness and discrepancy of the provided materials to technique.

In case of refusal in approval of materials by authorized body the authorized organization repeatedly directs them after completion.

5. Following the results of approval of materials by authorized body the authorized organization within 10 (ten) working days directs materials to sanitary and epidemiologic examination according to the procedure, determined by the Rules of conducting sanitary and epidemiologic examination approved by the order of the Minister of Health of the Republic of Kazakhstan of December 30, 2020 No. KR DSM-334/2020 (it is registered in the register of state registration of regulatory legal acts for No. 22007).

6. Materials with the conclusion of state body in the field of sanitary and epidemiologic wellbeing of the population are represented by authorized organization on the state environmental assessment according to the procedure, determined by the Rules of conducting the state environmental assessment approved by the order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 9, 2021 No. 317 (it is registered in the register of state registration of regulatory legal acts for No. 23918).

7. The authorized organization within 10 (ten) working days from the date of receipt of the state environmental assessment on materials addresses to local executive body in which borders the parcels of land which are subject to transfer to lands of zone of nuclear safety with the statement for provision of the appropriate right to the parcel of land are fully or partially located.

8. After receipt of the conclusion of the land commission the authorized organization will organize and provides development of the land management project of the lands of inventory which are subject to transfer to lands of zone of nuclear safety, according to the procedure, determined by the Rules of creation of the land management project on forming of the parcels of land approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 3, 2022 No. 180 (it is registered in the register of state registration of regulatory legal acts for No. 28399), and submits the land management project for approval in local executive body in which borders the parcels of land which are subject to transfer to lands of zone of nuclear safety are fully or partially located.

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