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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.

Minister

A. Mamytbekov

It is approved

Minister of Energy of the Republic of Kazakhstan

 

B. School student

It is approved

Minister of national economy of the Republic of Kazakhstan

 

E.Dosayev

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

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 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.

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 "About especially protected natural territories".

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.

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.

8. After carrying out public hearings the local executive body for consideration of question creates the special commission (further - the Commission) which working body is the structural division of local executive body performing functions in the field of forestry (further - working body).

9. 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 and fauna;

3) structural division of the local executive body performing functions in the field of land relations;

4) state forest owner;

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

6) working body;

7) territorial subdivision of authorized body in the field of environmental protection.

10. The commission within thirty calendar days from the date of receipt of the statement draws the motivated written positive or negative conclusion concerning transfer of the parcels of land and sends it to local executive body.

In the conclusion the solution of public hearings is considered, the purposes of transfer of lands of forest fund, questions of preserving or cutting down of plantings are reflected.

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

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