ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2012 No. 953

About approval of Rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects

According to subitem 17-15) of Article 12 of the Forest code of the Republic of Kazakhstan of July 8, 2003 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects.

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

Approved by the order of the Government of the Republic of Kazakhstan of July 20, 2012 No. 953

Rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects

1. General provisions

1. These rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects (dalee-Pravila), are developed according to the Forest code of the Republic of Kazakhstan of July 8, 2003 and determine procedure for provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects.

2. Action of these rules extends to the territory of the state forest fund, the natural territories which except for are especially protected with the rights of the legal entity.

3. Sites of the state forest fund under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use (further - sites under construction objects), are provided on the duration of the agreement of long-term forest utilization on sites of the state forest fund concluded between the state forest owner and the forest user.

2. Procedure for provision to forest users of sites under construction objects on lands of the state forest fund and issue of permission to their use

4. Provision of sites under construction objects on lands of the state forest fund and issue of permissions to their use are performed by department of authorized body in the field of forestry management (further - department).

5. For receipt of sites under construction objects and permissions to their use the forest user represents to department approved with the structural division of the relevant local executive body performing function in the field of architecture and town planning, the sketch (conceptual design) of construction object with appendix of the following documents to it:

1) the written application in any form of approval of the sketch (conceptual design) of construction object and issue of permission to use of the site under asset construction;

2) the notarized copy of the agreement of long-term forest utilization on sites of the state forest fund or its copy with submission of the original for reconciliation;

3) the positive conclusions of the state ecological and sanitary and epidemiologic examinations on the sketch (conceptual design);

4) written approval of the state forest owner.

6. The statement with the documents attached to it specified in Item 5 of these rules is considered by department within five working days from the date of its registration. The sketch (conceptual design) in the absence of notes is approved and certified by seal of department.

In the presence of notes documents return to the forest user for elimination of the specified notes for the term of no more than five working days then documents are submitted to department again.

In case of representation by the forest user of incomplete document package, stipulated in Item 5 these rules, department within two working days from the date of registration of a statement returns to the applicant documents with written specifying of causes of failure.

7. Department along with the approved sketch (conceptual design) issues to the forest user the written permission for building of the site which is the basis for creation of task of the forest user for designing of the planned object.

8. Prior to works the forest user notifies the state forest owner and territorial authorities of department on the beginning of construction.

9. Construction of facilities on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use, it is performed according to Article 102-2 of the Forest code of the Republic of Kazakhstan of July 8, 2003 and requirements of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

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