ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2003 No. 993

About approval of Rules of preservation of lands

According to 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 preservation of lands.

2. To the ministry of environmental protection together with the Ministry of Education and Science, the Ministry of Health, the Ministry of Agriculture of the Republic of Kazakhstan, Agency of the Republic of Kazakhstan on management of land resources, Committee on nuclear power of the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan within competence to approve standard rates of threshold limit values of the hazardous substances, harmful microorganisms and other biological substances contaminating the soil in three-months time.

3. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of June 16, 1997 No. 976 "About approval of the Regulations on procedure for withdrawal, protection, use and the preservation degraded, contaminated and the broken lands" (SAPP of the Republic of Kazakhstan, 1997, No. 27, the Art. 242);

2) item 4 of changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of August 29, 2001 No. 1123 "About modification and amendments in some decisions of the Government of the Republic of Kazakhstan on regulation of land relations" (SAPP of the Republic of Kazakhstan, 2001, N 30, by the Art. 339).

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

Approved by the Order of the Government of the Republic of Kazakhstan of September 29, 2003 No. 993

Rules of preservation of lands

Chapter 1. General provisions

1. These rules of preservation of lands (further - Rules) establish procedure for preservation of the degraded agricultural holdings, lands contaminated by chemical, biological, radioactive and other hazardous substances over the established standard rates of their threshold limit values and maximum permissible level of impact, production wastes and consumption, sewage infected with quarantine objects, alien types and especially dangerous harmful organisms (further - the broken lands), and also the seizures of land which underwent to above-standard radioactive pollution owing to testing of nuclear weapon for the purpose of preserving and recovery of fertility of soils, improvement of the environment and public health care.

2. The concepts applied in these rules:

especially dangerous harmful organisms - wreckers and the diseases of plants capable to periodic mass reproduction and distribution causing economic, ecological damage and brought in the list of especially dangerous harmful organisms approved by authorized body;

biological pollution - bacteriological, helmintologic, entomological and quarantine pollution of lands;

alien type - the type of insect, infecting agent of plant and weed which is absent in flora and fauna of the Republic of Kazakhstan which in case of penetration can cause significant economic and ecological damage;

preservation of lands - temporary exception of lands of economic circulation;

pollution of lands - accumulating in the earth as a result of anthropogenous activities of different substances and organisms in the quantities exceeding standard rates of the maximum permissible hazardous substances lowering the value of lands, worsening quality of agricultural products, other objects of the environment, conditions of accommodation of the population;

degradation of lands - set of the processes leading to change of functions of the earth as environment element, to quantitative and high-quality deterioration in its condition, decrease in the natural and economic importance;

harmful organisms - wreckers, weeds and diseases of plants which are negatively operating on the soil, vegetation and agricultural products;

quarantine object - the wrecker, infecting agent of plants or weed which can do considerable harm to plants and vegetable products, absent or restrictedly extended to the territories of the Republic of Kazakhstan included in the single list of quarantine objects of the Eurasian Economic Union and (or) the list of quarantine objects and alien types in relation to which actions for quarantine of plants are established and performed;

radioactive pollution - pollution of lands radionuclides, including as a result of testing of nuclear weapon, radiation accidents, work of nuclear installations, use of sources of ionizing radiation, Items of storage and burial of radioactive materials and waste, and also other activities connected with use of atomic energy;

chemical pollution - the change of chemical composition of soils causing decrease in their fertility and quality as a result of industrial, agricultural, household or other activity of the person;

economic and household pollution - pollution of lands the production waste and sewage causing negative change of physical and chemical properties of soils.

3. Action of these rules does not extend to the broken (broken) parcels of land provided in accordance with the established procedure for development of mineral deposits, warehousing of waste of conversion of mineral raw materials, sludge collectors, ashes-shlakootvalov, accomplishment of exploration, prospecting, construction and other works which use is connected with their violation.

Chapter 2. Identification, inspection and preservation of the broken lands

4. The bases for work on identification of the broken lands are the petition of the owner of the parcel of land or the land user, initiative of local executive or other competent authority.

5. Identification of the broken lands within the established powers is made by local executive bodies, territorial subdivisions of department of the central authorized body on management of land resources (further - territorial subdivisions of department of the central authorized body), authorized body on environmental protection and other authorized bodies according to the procedure of implementation of the state control of use and protection of lands by them or as a result of special field inspection.

6. For the purpose of establishment of level of impurity and degree of narushennost of lands, determination of the caused damage, mitigation of consequences from violation of lands regional (the cities of republican value, the capital) the executive body forms the special commission (further - the commission).

The commissions are included specialists of authorized bodies in land relations, environmental protection, sanitary and epidemiologic service, agricultural industry, territorial subdivisions of department of the central authorized body and other competent authorities and the organizations.

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