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The document ceased to be valid since  January 10, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 23, 2015 No. 1034.

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 1, 2011 No. 1419

About approval of Rules of provision of the parcels of land occupied with territorial waters for construction of artificial constructions

(as amended of the Order of the Government of the Republic of Kazakhstan of 02.08.2013 No. 769)

According to Article 13 of the Land code of the Republic of Kazakhstan of June 20, 2003 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of the parcels of land occupied with territorial waters for construction of artificial constructions.

2. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 1, 2011 No. 1419

Rules of provision of the parcels of land occupied with territorial waters for construction of artificial constructions

1. General provisions

1. These rules are developed according to Article 13 of the Land code of the Republic of Kazakhstan and establish procedure for provision of the parcels of land occupied with territorial and internal waters of the Caspian Sea of the Republic of Kazakhstan (further - the parcel of land), for construction of artificial constructions.

2. In these rules the following concepts are used:

1) authorized body - structural division in the field of environmental management of local executive body of the respective area;

2) artificial construction - the plane surface object created by performance of works on alluvium or dumping of soil or the works which are carried out with use of other technologies with the placed capital construction projects;

3) the customer - the legal entity or physical person creating artificial construction on the sea included in the actions plan on implementation of the state program on the questions concerning development of oil-and-gas sector in the Republic of Kazakhstan.

3. Treat artificial constructions for which the parcels of land are provided: the mooring, pier, breakwater supposedly shed, dock, slip, the water intaking, water regulating and water protective constructions, ship-building and repair yard (shipyard), the sea sudozakhodny channel, the plant on production of sea metalwork, the plant on preparation of boring solutions, coastal base of support of sea oil operations, base of response to oil spills, the station of gas station of ocean ships, the terminal on transfer of oil products, the plant on concreting of pipes, base of technical support of the dredging fleet, the terminal of the liquefied gas and base of the port fleet.

4. The parcels of land for construction of artificial constructions are provided in temporary paid land use (lease) for up to 49 years.

2. Provision of the parcels of land for construction of artificial constructions

5. Provision of the parcels of land for construction of artificial constructions is performed by local executive bodies of Atyrau and Mangystau areas in coordination with the relevant basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of environmental protection of the Republic of Kazakhstan. Borders of areas within territorial and internal waters of the Republic of Kazakhstan on the Caspian Sea are determined as the parallel line proceeding from point of joint of administrative border of areas at the land on the coast of the Caspian Sea to the line of 46 degrees of northern latitude.

6. Provision of the parcels of land is made for construction of artificial constructions in the following procedure:

1) acceptance to consideration of the application about provision of the right of temporary paid land use (lease) to the parcel of land;

2) preliminary choice of the parcel of land;

3) preparation of the conclusion by the commission created by the relevant local executive bodies about provision of the parcel of land;

4) development and approval of the land management project;

5) decision making of area by local executive body about provision of the right of temporary paid land use (lease) to the parcel of land;

6) conclusion of the contract on temporary paid land use (lease) for the parcel of land;

7) production and issue of the identification document on the parcel of land.

7. The customers interested in provision by it of the land use rights to the parcels of land submit the application to the relevant local executive body of area on the location of the asked parcel of land.

8. Shall be specified in the statement: purpose of use of the parcel of land; its expected sizes; location; the asked right to use.

9. Are enclosed to the application:

1) the notarized copy of the certificate * or the certificate of state registration (re-registration) of the legal entity with indication of the business and identification number (BIN).

Note: * The certificate on the state (accounting) registration (re-registration) of the legal entity granted before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity;

2) the copy of the certificate of the taxpayer (notarially attested copy of the document in case of non-presentation of the original for reconciliation);

3) the copy of the charter of the legal entity (notarially attested copy of the document in case of non-presentation of the original for reconciliation).

10. From the moment of receipt of the statement of the customer within three working days the statement with the enclosed documents arrives in authorized body for the organization of the preliminary choice of the location of artificial construction.

11. Aggregate term of consideration of the application about provision of the parcel of land for construction of artificial constructions constitutes up to two months from the moment of its receipt.

The periods do not enter the specified time:

1) creation of the land management project prepared according to Item 3 of Article 44 of the Land code of the Republic of Kazakhstan;

2) approvals, stipulated in Item Land code of the Republic of Kazakhstan of the 6th Article 44.

12. The preliminary choice of the location of artificial construction is performed within ten working days from the date of receipt of the statement with the enclosed documents.

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