ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2015 No. 18-02/405

About approval of Rules of collateral use of the wood in the territory of the state forest fund

According to subitem 18-24) 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 collateral use of the wood in the territory of the state 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 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 April 30, 2015 No. 18-02/405

Rules of collateral use of the wood in the territory of the state forest fund

Chapter 1. General provisions

1. These rules of collateral use of the wood in the territory of the state forest fund (further - Rules) are developed according to subitem 18-24) 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 of collateral use of the wood in the territory of the state forest fund.

2. Physical persons without allowing documents perform within regulations collection for own needs of the wild-growing fruits, nuts, mushrooms, berries, medicinal raw materials and other collateral forest resources approved by the decision of local representative body of area, the cities of republican value, the capital on representation of executive body of area, the cities of republican value, the capital according to Item 3 of article 42 of the Code.

3. Forest resources on sites of the state forest fund are provided in long-term forest utilization for a period of 10 up to 49 years to the forest users having means and production capacities for implementation of forest utilization and specialists of the corresponding qualification.

The right of short-term forest utilization on sites of the state forest fund arises:

1) for a period of up to one year based on the forest ticket issued by the state forest owners;

2) for a period of one year up to ten years based on the agreement of short-term forest utilization signed between the state forest owner and the forest user.

Collateral forest use is performed without damnification to the wood, without causing damage to reproduction of forest resources.

Chapter 2. Procedure of collateral use of the wood in the territory of the state forest fund

4. According to the subitem 4) Item 2 of Rules of accounting, storage, filling and issue of the logging ticket and the forest ticket approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of January 26, 2015 No. 18-02/40 "About approval of forms of the logging ticket and forest ticket, rules of their accounting, storage, filling and issue" (No. registered in the Register of state registration of regulatory legal acts 10676), in the state forest fund the following types of collateral forest uses are performed:

1) maralovodstvo, fur farming;

2) placement of beehives and apiaries;

3) truck farming, melon growing, gardening and cultivation of other crops;

4) procurement and collection of herbs and technical raw materials, wild-growing fruits, nuts, mushrooms, berries and other foodstuff, moss, forest laying and fallen leaves, cane;

5) mowing and pasturage of the cattle.

Mowing and pasturage of the cattle in the territory of the state forest fund is performed according to the Rules of mowing and pasturage of the cattle on sites of the state forest fund approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 12, 2015 No. 18-02/909 (registered in the Register of state registration of regulatory legal acts No. 12259).

5. In the territory of the state forest fund collateral forest uses are provided for implementation of one or several types of collateral forest uses to one or several forest users.

6. Forest resources are divided into two categories and are provided in short-term and long-term use:

1) in short-term use are provided according to Item 1 of article 34 of the Code;

2) in long-term use are provided according to the Rules of tendering process on provision 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) based on the protocol of the tender with the subsequent execution of the contract between the state forest owner and the forest user having means and production capacities for implementation of forest utilization and specialists of the corresponding specialty for a period of 10 up to 49 years.

7. The right of collateral forest utilization on sites of the state forest fund stops, limited and stops according to the procedure, respectively established by Articles 39, 40 and 41 Codes.

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