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

of September 11, 2020 No. 216

About approval of rules of rendering the state services of regulation of use of water fund

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve:

1) Rules of rendering the state service "Permission to Special Water Use" according to appendix 1 to this order;

2) Rules of rendering the state service "Approval of Specific Regulations of Water Consumption and Water Disposal" according to appendix 2 to this order;

3) Rules of rendering the state service "Sealing of Metering Devices of the 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" according to appendix 3 to this order;

4) Rules of rendering the state service "Certification of the Organizations on the Work Right in the field of Safety of Dikes" according to appendix 4 to this order;

5) Rules of rendering the state service "Registration of the Declaration of Safety of Dike for Assignment of Registration Codes" according to appendix 5 to this order.

2. In the procedure established by the legislation to provide to committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further – Committee):

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, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology 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, geology and natural resources of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

It is approved Ministry of Internal Affairs of the Republic of Kazakhstan

 

Appendix 1

to the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 11, 2020 No. 216

Rules of rendering the state service "Permission to Special Water Use"

Chapter 1. General provisions

1. These rules of rendering the state service "Permission to Special Water Use" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further – the Law) and determine procedure for rendering the state service "Permission to Special Water Use" (further – the state service).

2. The state service appears 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 (further – the service provider) to physical and (or) legal entities (further – uslugopoluchatel).

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service the uslugopoluchatel submits the application for receipt of permission to special water use in form according to appendix 1 to these rules, the statement on prolongation and renewal of permission to special water use in form according to appendix 2 to these rules through the web portal of "the electronic government" www.egov.kz (further – the portal).

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service in appendix form 3 to these rules.

4. In case of the address through the portal the following documents are attached to the statement certified by the digital signature of uslugopoluchatel:

For receipt of permission to special water use:

electronic passport copy of water management construction, hydromeliorative systems or devices;

the electronic copy of the document containing data on availability of means of accounting of intake of water.

For renewal of permission:

the electronic copy of supporting documents about change of the name of the legal entity and (or) change of its location, change of surname, name, middle name (in case of its availability) physical person, re-registration of the individual entrepreneur.

For prolongation of permission:

the electronic copy of the document containing data on availability of means of accounting of intake of water.

5. For receipt of the permission connected with use of water objects for the purposes of hydropower in addition are provided:

the electronic copy of the document containing data on installed capacity of hydroelectric power station;

the electronic copy of the document containing data on handling capacity of energy, waste and other constructions;

the electronic copy of the document containing data on fish-protecting and fish-passing constructions;

the electronic copy of the document containing data on indicators of the declared use of water resources for needs of hydropower which are attached to electronic request in the form of the electronic copy of the document.

6. For receipt of the permission connected with use of superficial water objects without water withdrawal in addition are represented:

the electronic copy of the document containing technical characteristics of the vessel.

the electronic copy of the document containing permission of the shipping register to operation of the vessel with indication of port its additions (place of registration);

the electronic copy of the document containing data on security with coastal and swimming devices for acceptance of all amount of the sewage, waste and garbage which are formed on the vessel;

the electronic copy of the document containing data on availability of control facilities (observation) of quality of water on the site of the water area in case of operation of objects and works which exert or can exert negative impact on condition of water object and the environment.

7. In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service with indication of date and time of receipt of result is automatically displayed.

In case of filing of application the uslugopoluchatel agrees to use of the data which are the secret protected by the law, the state services containing in information systems when rendering if other is not provided by the laws of the Republic of Kazakhstan.

Data on the identity document of physical person, on state registration (re-registration) of the legal entity, on registration of the individual entrepreneur, or on the beginning of activities as the individual entrepreneur, about the sanitary and epidemiologic conclusion, about compliance of object of the epidemic importance normative legal to acts in the field of sanitary and epidemiologic wellbeing of the population and to hygienic standard rates for economic and drinking water supply, about permission to issues to the environment, about calculations of specific regulations of water consumption and water disposal, except for the physical persons or legal entities performing withdrawal of water resources for water treatment and (or) deliveries to water consumers for drinking needs about activities for regulation of superficial drain by means of retaining hydraulic engineering constructions, about use of water objects without withdrawal from them water resources, about dumping of in passing taken away underground waters (mine, career, miner) which represent calculations for reasons for amounts of water consumption and water disposal the service provider receives from the corresponding state information systems through lock of "the electronic government".

8. The worker of the service provider, the representative on acceptance and registration of correspondence in day of receipt of the statement performs its acceptance, registration and the direction on execution in division of the service provider responsible for rendering the state service (further – responsible division).

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays reception of applications and issue of results of rendering the state service is performed the next working afternoon.

The employee of responsible division within 2 (two) working days from the date of registration of a statement checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents, the employee of responsible division within the specified term prepares and the motivated refusal in further review directs to the applicant applications.

9. In case of factual determination of completeness of the submitted documents the employee of responsible structural division of the service provider within eight working days considers compliance of the provided documents established in Items 4, of 5, of 6 and 7 these rules and directs permission to special water use, or the motivated answer about refusal in rendering the state service.

10. The result of rendering the state service – permission to special water use, renewal of permission, prolongation of the permission, or the motivated answer about refusal in electronic form signed by the digital signature (further – the EDS) the authorized person of the service provider goes and kept in "personal account" of uslugopoluchatel.

The service provider according to the subitem 11) of Item 2 of article 5 of the Law, provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization.

11. The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

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