of October 12, 2015 No. 18-02/908
About approval of Instructions for use by sites of the state forest fund for the research purposes
According to Item 2 of Article 101 of the Forest code of the Republic of Kazakhstan of July 8, 2003, I ORDER:
1. Approve the enclosed Instructions for use by sites of the state forest fund for the research purposes.
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 and on the intranet portal of state bodies.
3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.
Minister of Agriculture of the Republic of Kazakhstan
Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of October 12, 2015 No. 18-02/908
1. These rules of use of sites of the state forest fund (further - Rules) are developed for the research purposes according to Item 2 of Article 101 of the Forest code of the Republic of Kazakhstan (further - the Code) of July 8, 2003 and determine procedure for use of sites of the state forest fund for the research purposes.
2. In the research purposes treat use of sites of the state forest fund carrying out complex and specialized (botanical, zoological, lesovodstvenny, forest pathological, soil and others) scientific research and experimental works (further - research works) for knowledge of the nature of the wood and its components, development on their basis of methods, methods and engineering procedures, including creation of the new equipment, on protection, protection, reproduction and rational use of forest resources, and also the studying of other natural objects located in the territory of the state forest fund, performed according to programs of the research works coordinated with authorized body in the field of forestry (further – authorized body). Procurement and use of resources of plant and animal life within research works are performed according to biological reasons in case of the positive conclusion го
sudarstvenny environmental assessment.
The experimental works which are carried out on sites of the state forest fund in the water protection zones and strips influencing condition of waters are made by forest users in coordination with territorial authorities of authorized body in the field of use and protection of water fund, water supply and water disposal.
3. Conducting experienced and production checks and implementation of scientific and design developments in forestry and landscape production, creation of objects of permanent forest seed base are performed according to these rules in coordination with authorized body.
4. Types (stationary, field, route), specifics (botanical, lesovodstvenny, soil and others), terms of the beginning and completion of works, routes of scientific research, places and amounts of laying of experimental objects, restrictions or prohibitions of other types forest use with indication of the area of sites of the state forest fund where the special mode of use is set, types and terms of restrictions, other conditions of carrying out the specified works are determined by agreements of the long-term and short-term forest utilization concluded between the state forest owner and the forest user, and (or) the forest ticket.
For carrying out research works the state forest owners provide sites of the state forest fund to physical persons and legal entities in long-term forest utilization on terms of the contract of long-term forest utilization, and in short-term forest utilization – based on the agreement of short-term forest utilization and allowing documents.
5. Change of terms of the contract of long-term forest utilization on sites of the state forest fund and (or) the forest ticket when implementing the research purposes is allowed in case of:
1) change of condition of the state forest fund as a result of natural disasters owing to which continuation of research works on the planned program is impossible;
2) change of requirements and procedure of use of sites of the state forest fund as a result of change of category of the state forest fund, their inclusion in structure of especially protected forest territories if former conditions of use are incompatible with the status of these categories;
3) partial withdrawal of the site of the state forest fund for the state needs.
6. Forest products (wood, fruits and seeds, shanks, seedlings, saplings, food, medicinal and technical raw materials) received when using of sites of the state forest fund for the research purposes are property of the state forest owners, except for that part which is necessary for accomplishment of research works. The list and its amount are established proceeding from the program and technique of researches, and are specified in agreements of long-term and short-term forest utilization on sites of the state forest fund and (or) the forest ticket.
7. Use of sites of the state forest fund for the research purposes shall be performed without damnification to forest ecosystems and their components.
8. Use of sites of the state forest fund for the research purposes stops, limited or stops on the bases determined by Articles 39 and 40, the procedure for transformation of the right of forest utilization is performed according to article 41 of the Code.
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