ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2015 No. 19-2/510

About approval of Rules of reference of water objects to category shipping and the list of the shipping waterways used for navigation, take-off (landing) of air vehicles, and rules of their operation

According to Item 3 of article 105 of the Water code of the Republic of Kazakhstan of July 9, 2003 PRIKAZYVAYU:

1. Approve:

1) Rules of reference of water objects to category shipping, according to appendix 1 to this order;

2) the List of the shipping waterways used for navigation, take-off (landing) of air vehicles according to appendix 2 to this order;

3) Service regulations of the shipping waterways used for navigation, take-off (landing) of air vehicles according to appendix 3 to this order.

2. To provide to committee on water resources 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 printed publicity materials 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. To impose control of execution of this order on the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 2, 2015 No. 19-2/510

Rules of reference of water objects to category of shipping

1. These rules of reference of water objects to category shipping (further - Rules) are developed according to Item 3 of article 105 of the Water code of the Republic of Kazakhstan of July 9, 2003, Item 2 of article 11 of the Law of the Republic of Kazakhstan of July 6, 2004 "About inland water transport" (further - the Law on water transport) and determine procedure for reference of water objects to category of shipping.

2. In these rules the following basic concepts are used:

1) authorized body in the field of environmental protection - the central actuator performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

2) the central actuator - the state body performing management in the field of inland water transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination;

3) authorized body in the field of use and protection of water fund, water supply, water disposal (further - authorized body) - the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements;

4) inland waterways of the Republic of Kazakhstan - the natural or artificially created means of communication, possible for use for the purpose of navigation.

3. Inland waterways provide at the scheduled time of shipping season according to the subitem 30) of article 1 of the Law on water transport the corresponding dimensions of the ship courses for uninterrupted and safe navigation of vessels, irrespective of their accessory and patterns of ownership, functioning of shipping hydraulic engineering constructions (locks), accomplishment of ecological, sanitary and epidemiologic requirements in case of operation of waterways.

4. Opportunity and feasibility of implementation of carriages of goods and passengers according to the subitem 2) of Item 1 of article 9 of the Law on water transport determines the central actuator by waterways.

5. The central actuator prepares offers on reference of water objects for category shipping and inclusion of water objects or their sites (with indication of borders) in the list of the shipping waterways used for navigation, take-off (landing) of air vehicles.

6. Offers include:

1) the expected amounts of transportations, expected routes of cargo flows and the planned number of the transport (passenger) fleet for the organization of transportation process represented by local actuators;

2) the schematic plan, the hydrological characteristic and features of operation of the water object offered to reference to category of shipping;

3) offers on safety control of navigation of the water object offered to reference to category shipping and the need for financial resources on its content on short-term (three years) perspective.

7. Offers on reference of water objects to category of shipping are approved with:

authorized body in the field of environmental protection;

territorial subdivision of department in the field of sanitary and epidemiologic wellbeing of the population.

Appendix 2

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 2, 2015 No. 19-2/510

The list of the shipping waterways used for navigation, take-off (landing) of air vehicles

1. Lake Balkash.

2. The river Esil from dike of the Peter and Paul water storage basin to the settlement of Priishimka of the North Kazakhstan area.

3. The section of the river Esil within administrative-territorial border of the city of Astana.

4. Zhayyk-Kaspiysky channel.

5. The section of the river Kigash (the Volga River sleeve) in the territory of the Republic of Kazakhstan.

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