THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2016 No. 319

About approval of Rules about protection, demolition or relaying (transfer) of geodetic Items

According to Item 5 of article 16 of the Law of the Republic of Kazakhstan of July 3, 2002 "About geodesy and cartography" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve the enclosed Rules about protection, demolition or relaying (transfer) of geodetic Items.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of December 23, 2014 No. 165 "About approval of Rules about protection of geodetic Items" (No. registered in the Register of state registration of regulatory legal acts 10138, published on February 27, 2015 in information system of law of Ad_let).

3. To provide to management committee with land 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 printing editions and in information system of law of Ad_let, and also within five working days from the date of receipt of the registered order in the Republican center of legal information for entering into Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after twenty one calendar days after day of its first official publication.

Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of July 20, 2016 No. 319

Rules about protection, demolition or relaying (transfer) of geodetic Items

Chapter 1. General provisions

1. These rules about protection, demolition or relaying (transfer) of geodetic Items (further – Rules) are developed according to Item 5 of article 16 of the Law of the Republic of Kazakhstan "About geodesy and cartography" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and determine procedure for ensuring protection and rendering the state service of issue of permissions to demolition or relaying (transfer) of geodetic Items.

In case of modification and (or) amendments in these rules regarding rendering the state service the authorized body in the field of geodesy and cartography within three working days after state registration of the order which provides modification and (or) amendments informs the operator of information and communication infrastructure of "the electronic government" and Single contact center on the made changes and (or) additions.

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

1) geodetic Item – the Item of geodetic network noted on the area pledged to the earth (or in constructions on the earth) the center and the construction built over it (is familiar);

2) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Protection of geodetic Items

3. Geodetic Items (astronomo-geodetic, geodetic, leveling and gravimetric Items, land signs and the centers of these Items) of the state geodetic network, and also Items of special geodetic networks (the centers, control brands, outside signs, orient Items) are state-owned property and are under protection of the state.

4. Accounting of geodetic Items and control of ensuring their safety are exercised by Committee of geodesy and cartography of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan (further – the service provider).

5. The geodetic Item consists of the center, outside sign and external design in the form of the ditch or shaft which is border of geodetic sign. In case of lack of external design of geodetic Item, the basis of outside sign are its border.

For geodetic Items which special centers are pledged in walls of buildings and other constructions borders of Items and conservation zones are not established.

In this case the wall brand or wall reference point is subject to protection.

6. The parcel of land on which the geodetic Item is located the border of geodetic sign and strip of the earth 1 meter wide along them are the conservation zone of geodetic Items.

7. Owners and land users of the parcels of land in the territory of which geodetic Items are placed shall report to the service provider about all cases of damage or destruction of geodetic Items and to give opportunity of entrance (approach) to geodetic Items when carrying out geodetic and cartographic works, according to subitems 1) and 2) of Item 3 of article 16 of the Law.

8. When carrying out geodetic and cartographic works for surveys density of geodetic Items in geodetic and leveling network constitutes:

in the territories out of settlements in scale 1:25000 and 1:10000 – 1 geodetic Item on 50-60 square kilometer;

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