ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 17, 2009 No. 172

About approval of Translation rules of lands of especially protected natural territories to lands of inventory and transfer of lands of inventory back to lands of especially protected natural territories

According to subitem 3-2) of Article 13 of the Land code of the Republic of Kazakhstan of June 20, 2003 and the subitem 4) of article 7 of the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Translation rules of lands of especially protected natural territories to lands of inventory and transfer of lands of inventory back to lands of especially protected natural territories.

2. This resolution becomes effective from the date of signing.

Approved by the Order of the Government of the Republic of Kazakhstan of February 17, 2009 No. 172

Translation rules of lands of especially protected natural territories to lands of inventory and transfer of lands of inventory back to lands of especially protected natural territories

Chapter 1. General provisions

1. These rules of transfer of lands of especially protected natural territories to lands of inventory and transfer of lands of inventory back to lands of especially protected natural territories (further - Rules) are developed according to subitem 3-2) of Article 13 of the Land code of the Republic of Kazakhstan of June 20, 2003, the subitem 4) of article 7 of the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories" (further - the Law) and determine procedure for transfer of lands for especially protected natural territories to lands for inventory and transfer of lands of inventory back to lands of especially protected natural territories.

Transfer of lands of especially protected natural territories is not allowed, except as specified transfer to lands of inventory according to the decision of the Government of the Republic of Kazakhstan in the presence of the positive conclusion of the state environmental assessment according to the procedure, established by the Government of the Republic of Kazakhstan:

1) for construction, arrangements, functioning of objects of Frontier of the Republic of Kazakhstan and objects for needs of defense in the absence of other options of their possible placement;

2) for construction and functioning of the water management constructions having special strategic importance in the absence of other options of their possible placement and only those parcels of land on which the mode of limited economic activity is set;

3) for production of solid minerals (except for popular minerals) according to Item 1 of article 84-2 of the Law and only those parcels of land on which the mode of limited economic activity is set;

4) for construction of engineering infrastructure to objects of tourism (the road, power lines, pipelines).

At the same time adjustment of functional zoning of especially protected natural territory for the purpose of establishment of the mode of limited economic activity for the purposes specified in subitems 2) and 3) of Item 1 of these rules is not allowed.

The basis of transfer of lands of especially protected natural territories to lands of inventory for production of solid minerals according to the subitem 3) of part two of Item 1 of these rules is detection on the subsoil plot located within the site of investigation or geological branch under the contract for investigation or licenses for exploration of solid minerals which resources and inventories are confirmed with the valuation report of resources and inventories of solid minerals according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.

In case of transfer of lands of especially protected natural territories according to the subitem 3) parts two of Item 1 of these rules for the purposes of production of solid minerals conditions of the beginning of carrying out transactions on production are:

adoption of obligations by the subsoil user on compensation landing of forest cultures in twofold size from the area of the translated site in coordination with authorized body in the field of especially protected natural territories, and also to ensuring recovery of fertile layer of the site of production of solid minerals upon completion of works;

evaluating ecological impact;

availability of the positive conclusion of the state environmental assessment;

carrying out broad public hearings in the corresponding administrative-territorial Items and settlements of placement of especially protected natural territories with lighting in mass media.

At the same time transfer of the parcel of land to the third parties or as a deposit is not allowed.

2. In these rules the following concepts are used:

1) object of Frontier of the Republic of Kazakhstan (further - the Frontier object) - the place of dislocation of divisions of the border service intended for arrangement and content of technical constructions and obstacles, border markers, boundary glades, communications and check points through Frontier;

2) the water management constructions having special strategic importance - artificially created hydraulic engineering constructions and devices for the purpose of regulation of use and protection of water resources, water supply, water disposal and elimination of harmful effects of waters included in the list approved by the Government of the Republic of Kazakhstan which are in state-owned property and cannot be leased, trust management and transfers to the lease and trust management without the right to alienation of the water management constructions having special strategic importance provided in Item 2 of article 25 of the Water code of the Republic of Kazakhstan are not subject to alienation, except for (further - water management constructions);

3) objects for needs of defense - buildings, constructions, objects and other property necessary for Armed Forces, other troops and military forming;

4) solid minerals - the natural mineral educations, organic substances and their mixes which are in firm condition in subsoil or on the land surface.

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