ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2015 No. 18-02/45

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

According to subitem 18-44) of Item 1 of Article 13 of the Forest code of the Republic of Kazakhstan of July 8, 2003 I ORDER:

1. Approve the enclosed Translation rules from category of lands of forest fund to lands of other categories for the purposes which are not connected with forest management.

2. To provide to committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of January 28, 2015 No. 18-02/45

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

Chapter 1. General provisions

1. These rules of transfer from category 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 subitem 18-44) of Item 1 of Article 13 of the Forest code of the Republic of Kazakhstan of July 8, 2003 and determine procedure for transfer from category of lands of forest fund to lands of other categories for the purposes which are not connected with forest management.

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

3. According to Item 1-1 of Article 51 of the Forest code of the Republic of Kazakhstan transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management is allowed in exceptional cases in the presence of the positive conclusion of the state environmental assessment according to requirements of the forest and land legislation of the Republic of Kazakhstan based on materials of forest management and land management and only connected with:

1) creation and expansion of especially protected natural territories;

2) accomplishment of the international obligations;

3) detection under the site of the mineral deposit, in the absence of alternative options of their development;

4) construction automobile and railroads of the international, republican, regional and district value, power lines, communication lines and bulk distribution lines;

5) change of borders (line) of settlements, in the absence of other options of their possible placement.

In case of transfer of lands of forest fund in the cases provided by the subitem 3) of this Item, person to whose advantage the site is transferred perform landing of forest cultures in twofold size from the area of the translated site and care of forest cultures within the first three years after their landing.

Transfer of lands of forest fund for creation and expansion of especially protected natural territories is performed according to article 20 of the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories";

6) arrangement of objects of Frontier of the Republic of Kazakhstan and objects for needs of defense.

In case of transfer of lands of forest fund in the cases provided by subitems 3) and 4) of this Item, person to whose advantage the site is transferred perform compensation landing of forest cultures in double size from the area of the translated site and care of forest cultures within the first three years after their landing on the parcels of land provided by the relevant local executive bodies according to the procedure of compensation to the state forest owner for transfer in structure of the state forest fund.

4. In case of transfer of lands of forest fund to lands of other categories for the purposes which are not connected with forest management, physical persons and legal entities (further - the applicant) for the benefit of which transfer of lands of forest fund is made, based on calculations of the state forest owner compensate losses of forestry and landscape production according to Article 51 of the Forest code of the Republic of Kazakhstan.

Chapter 2. Procedure for transfer from category of lands of forest fund to lands of other categories

5. The applicant in the location of the asked parcels of land submits the application in any form to local executive body of area, city of republican value, the capital (further - local executive body).

6. The local 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 execution of the act of the choice of the parcel of land of forest fund for form according to appendix to these rules.

The state forest owner, together with the applicant draws up the statement of the choice of the parcel of land of forest fund, with appendix of the copy of the forest card (tablet) to it where borders of the asked parcel of land are specified, and sends it to local executive body.

7. The local executive body after receipt of the act of the choice of the parcel of land of forest fund, with appendix of the copy of the forest card (tablet) to it will organize public hearings on projects of the lands concerning transfer of forest fund.

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