ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of January 27, 2015 No. 18-02/42

About approval of Rules of accounting, determination and compensation of the damage caused by the fires in the territory of forest fund

According to subitem 18-31) 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 Rules of accounting, determination and compensation of the damage caused by the fires in the territory of forest fund.

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 its direction 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 27, 2015 No. 18-02/42

Rules of accounting, determination and compensation of the damage caused by the fires in the territory of forest fund

1. General provisions

1. These rules of accounting, determination and compensation of the damage caused by the fires in the territory of forest fund (further – Rules), are developed according to subitem 18-31) of Item 1 of Article 13 of the Forest code of the Republic of Kazakhstan of July 8, 2003 (further – the Forest code) and determine accounting treatment, determinations by forest owners of the damage and its compensation caused by the fires in the territory of forest fund.

2. Complete material damage from wildfire includes:

1) direct material damage:

cost from losses of wood on root in the middle-aged, coming, ripe and overmatured plantings damaged;

damage from damage of the young growths of natural and artificial origin which are not closed forest cultures and undergrowth;

damage from damage of minor wood resources;

damage from damage of resources of collateral forest utilization;

damage from the burned-down and damaged construction objects, the equipment, equipment and other material values;

damage from death of wild animals and plants, including included in the Red List of the Republic of Kazakhstan;

2) consequential material damage:

expenses on suppression of wildfires;

liquidation expenses of effects of the fire (holding sanitary actions and actions for reproduction of the woods);

damage from decrease in the water preserving, the field - and soil-protective, genetic, sanitary and hygienic, improving and other useful functions of the wood.

3. Accounting and determination of the damage caused by the fires in the territory of forest fund are made after liquidation of wildfire within 15 calendar days. At the same time the location of the site and the area of forest fund covered by the fire are determined and specified, the schematic drawing of big fire with binding of its borders to the next glades, roads or settlements is constituted. Contours of wildfire are applied on planned cartographic materials and the areas of the young growths of natural origin closed and not closed forest cultures, the areas passed by fire with the held events for assistance to natural renewal are specified.

4. The prevailing breed, average height, diameter and inventory in the forest plantings damaged by the fire are determined by materials of forest management. Conditions and terms of holding sanitary actions and actions for reproduction of the woods on the damaged sites are determined.

5. The type and intensity of wildfire are determined by the signs of damage or combustion of trees, their separate parts and different components of biocenosis specified in appendix 1 to these rules.

6. In calculations of damage from wildfire operating are used:

the rates of payment for the wood released on root, provided in Item 2 of article 587 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code);

the base rates for calculation of the extent of the harm done by violation of the forest legislation of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of May 31, 2007 No. 441 "About approval of base rates for calculation of the extent of the harm done by violation of the forest legislation of the Republic of Kazakhstan" (further - Base rates);

the amount of the indemnification caused by violation of the law of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna, established according to the subitem 46) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" (further - the Amount of indemnification);

rates of payment for the forest uses on sites of the state forest fund (except for rates for the wood released on root) approved by local representative bodies of areas, cities of republican value, the capital according to the subitem 2) of Article 14 of the Forest code.

2. Procedure for determination of direct material damage

7. Losses of wood on root percentage of general inventory of wood are determined taking into account type and intensity of the fire, the prevailing breed in planting and the average diameter of tree, according to the indicators of loss of wood on root in case of wildfires specified in appendix 2 to these rules.

8. General inventory of wood on the square which is taken place the fire, the average diameter of the prevailing breed of the forest stand damaged by fire are determined by forest management materials.

9. If the fire covered the plantings consisting of several taxation having manufactured, and the fire area does not exceed the size of one quarter, general losses of wood are determined as the amount of the losses calculated on each forest apportionment. General losses are calculated proceeding from general inventory of wood on apportionment or part of apportionment and percent of losses of inventory. Calculations are made on the prevailing breed taking into account its average diameter.

10. If the fire covered plantings of several quarters or their parts, losses of wood are calculated on quarters or their parts which then are summed up. In this case in general for every quarter or its part the wood inventory, the prevailing breed and its average diameter are determined.

11. The damage from losses of wood is determined by multiplication of rate of payment for one cubic meter of the wood released on root at size of losses of wood.

12. The damage in case of damage of the young growths of natural and artificial origin which are not closed forest cultures and undergrowth (further - young growths) is determined by costs for cultivation of 1 hectare of young growths to age of smykaniye of kroner.

13. Determination of damage from damage of young growths taking into account age of the damaged young growths is performed by multiplication of costs for cultivation of 1 hectare of young growths to age of smykaniye of kroner on coefficient to costs for reforestation according to appendix 3 to these rules.

14. The damage from damage of minor wood resources is estimated in the amount of 20 percent from rate of payment for the wood wood released on root.

15. The damage from damage by wildfire of resources of collateral forest utilization in the territory of forest fund is calculated as the amount of the damages determined by each damaged resource of collateral forest utilization based on rates of payment for forest uses on sites of the state forest fund.

16. The extent of the damage caused by wildfire by damage or destruction of construction objects, the equipment, equipment and other material values of the state or private forest owners which are in the wood (restrictive signs, notices, signs, other objects of evident propaganda and promotion, small architectural forms) is determined proceeding from their market price.

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