ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2015 No. 18-02/39

About approval of Rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use

According to subitem 18-12) 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 provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use.

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 twenty one 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 26, 2015 No. 18-02/39

Rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use

Chapter 1. General provisions

1. These rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use (further - Rules), are developed according to subitem 18-12) of Item 1 of Article 13 of the Forest code of the Republic of Kazakhstan of July 8, 2003 (further - the Code) and determine procedure for provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use.

2. Action of these rules extends to the territory of the state forest fund, the natural territories which except for are especially protected with the status of the legal entity.

3. Sites of the state forest fund under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, collateral forest use (further - sites under construction objects), are provided on the duration of the agreement of long-term forest utilization on sites of the state forest fund concluded between the state forest owner and the forest user.

Chapter 2. Procedure for provision to forest users of sites under construction objects on lands of the state forest fund

4. Provision of sites under construction objects on lands of the state forest fund is performed according to the Rules of tendering process on representation of forest resources on sites of the state forest fund in long-term forest utilization approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 7, 2015 No. 18-02/896 (registered in the Register of state registration of regulatory legal acts No. 12247) by department of authorized body in the field of forestry (further - department) or local executive body of area (further - local executive body) following the results of the held tender for provision of forest resources on sites of the state forest fund in long-term forest utilization (further - the tender).

5. For receipt of sites under construction objects with the application for participation in the tender it is provided according to the subitem 40) of article 1 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further - the Law) the sketch (outline sketch) of expected objects depending on forest utilization types.

In case of development of the sketch (outline sketch) it is necessary to provide improvement of the adjacent territory of object for construction objects.

After development of the sketch (outline sketch), the forest user performs its approval of the structural division of local executive body performing functions in the field of architecture and town planning and sends it for approval in department.

6. The sketch (outline sketch) is considered by department within two working days from the date of its receipt. The sketch (outline sketch) in the absence of notes is approved and certified by seal of department. In the presence of notes according to the sketch (outline sketch) it returns to the forest user for elimination of the specified notes for the term of no more than five working days then documents are submitted to department again.

7. Prior to works the forest user in writing notifies the state forest owner and territorial subdivisions of department on the beginning of construction. The term of asset construction is established no more than three years.

8. Construction of facilities on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes, needs of hunting economy, maintaining fishery, collateral forest use, is performed according to article 102-2 of the Code and article 27-2 of the Law.

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