Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  September 30, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of September 4, 2015 No. 745

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2012 No. 1015

About approval of Translation rules of lands of forest fund to lands of other categories for the purposes which are not connected with forest management

(as amended of the Order of the Government of the Republic of Kazakhstan of 18.10.2013 No. 1102)

According to the subitem 6) of 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 Translation rules of lands of forest fund to lands of other categories for the purposes which are not connected with forest management.

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 August 1, 2012 No. 1015

Translation rules of lands of forest fund to lands of other categories for the purposes which are not connected with forest management

1. General provisions

1. These rules of transfer of lands of forest fund to lands of other categories for the purposes which are not connected with forest management (further - Rules), are developed according to the subitem 6) of Article 13 of the Land code of the Republic of Kazakhstan of June 20, 2003 and determine procedure for transfer of lands for forest fund to lands for other categories for the purposes which are not connected with forest management.

2. Transfer of lands of forest fund to lands of other categories for the purposes which are not connected with forest management according to the Land code of the Republic of Kazakhstan is performed by the Government of the Republic of Kazakhstan in the presence of the positive conclusion of the state environmental assessment.

3. Transfer of lands of forest fund to lands of other categories for the purposes which are not connected with forest management is allowed according to requirements of the forest legislation of the Republic of Kazakhstan based on materials of forest management and land management in cases: impossibility of use of lands according to earlier established purpose; changes of line of settlements; changes of borders (line) of settlements; references to lands of especially protected natural territories.

4. In case of transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management, physical persons and legal entities for the benefit of which the specified transfer is made based on calculations of the state forest owner compensate losses and losses of forestry and landscape production according to the standard rates of compensation of the losses of forestry and landscape production caused by withdrawal of the forest grounds for their use for the purpose of which are not connected with maintaining forest and agricultural industry, approved by the order of the Government of the Republic of Kazakhstan of October 8, 2003 No. 1037.

2. Procedure for transfer of lands for the state forest fund to lands of other categories

5. The state bodies, physical persons and legal entities (further - the applicant) interested in transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management (further - transfer of the parcels of land), in the location of the asked parcels of land, submit the application to the head of local executive body of area, city of republican value, the capital (further - executive body).

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

If transfer of the parcels of land is connected with development of minerals, the copy of the contract for subsurface use is enclosed to the application.

6. The executive body for pronouncement of the conclusion about need of transfer of the parcels of land creates the special commission (further - the Commission).

Working body of the Commission is the structural division of executive body performing functions in the field of land relations (further - working body).

7. The Commissions are included representatives:

1) local representative body of area, city of republican value, capital;

2) territorial subdivision of authorized body in the field of forestry;

3) structural division of the executive body knowing forestry;

4) state forest owner;

5) territorial subdivision of authorized body for architecture, town planning and construction;

6) local government bodies;

7) working body;

8) territorial subdivision of authorized body in the field of environmental protection;

9) other interested bodies.

8. The executive body within five working days from the date of receipt of the statement, sends to the state forest owner the copy of the application with indication of completion date for registration together with the applicant of the act of the choice of the parcel of land of the state forest fund, in form according to appendix to these rules.

The vykopirovka from the forest card (tablet) of scale 1:10000, is applied to the act where borders of the asked parcel of land are specified.

9. The commission in case of consideration of the application of transfer of the parcels of land for the state needs at the same time resolves issues of preserving or cutting down of the plantings which are on these lands.

In case of cutting down of plantings, the cabin under the contract with the applicant is made by the state forest owner which of territory transfer of lands is planned, the wood received at the same time is subject to transfer on balance of the state forest owner.

10. The commission within thirty working days from the date of receipt of the statement draws the motivated written positive or negative conclusion about need of transfer of the parcels of land.

The conclusion of the Commission is constituted in duplicate in the form of the legal decision, one copy of the positive conclusion of the Commission within three working days goes to the applicant for preparation of the land management project by it.

11. The applicant based on the positive conclusion of the Commission performs development of the land management project as a part of which the area of the translated parcel of land is specified, its borders, location, adjacent owners of the parcel of land and land users and sends it to working body with appendix of the following documents:

1) act of the choice of the parcel of land of the state forest fund;

2) vykopirovka from the forest card (tablet) of scale 1:10000;

3) calculation of compensation of the losses and losses of forestry and landscape production caused by withdrawal of lands of the state forest fund constituted by the state forest owner;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.