ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 3, 2004 No. 130

About approval of Rules of approval, placement and commissioning of the companies and other constructions influencing condition of waters, and also conditions of production of construction and other works on water objects, the water protection zones and strips

According to article 36 of the Water code of the Republic of Kazakhstan of July 9, 2003 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of approval, placement and commissioning of the companies and other constructions influencing condition of waters, and also conditions of production of construction and other works on water objects, the water protection zones and strips.

2. This resolution becomes effective from the date of signing.

Approved by the Order of the Government of the Republic of Kazakhstan of February 3, 2004 No. 130

Rules of approval, placement and commissioning of the companies and other constructions influencing condition of waters, and also conditions of production of construction and other works on water objects, the water protection zones and strips

1. General provisions

1. These rules regulate procedure for approval, placement and commissioning of the companies and other constructions influencing condition of waters and also establish conditions of production of construction and other works on water objects, the water protection zones and strips (further - Rules).

2. During the designing, construction, commissioning, reconstruction, preservation and liquidation of the companies, other constructions influencing condition of waters shall be provided:

rational use of waters;

preserving ecological stability of the environment;

accomplishment by legal entities and physical persons of the established water preserving and nature protection actions, and also actions for the organization of sanitary protection zones of water intakes for the economic and drinking purposes;

safety of the carried-out works for the working personnel and the population living in zone of construction and action of object;

informing and accounting of opinion of the interested public (the population, non-governmental organizations) about the planned activities and its effects.

3. Withdrawal (permission to use) of the parcel of land under construction of the companies and constructions influencing condition of waters is performed by local executive bodies in coordination with authorized bodies on use and protection of water fund, on use and protection of subsoil, in the field of sanitary and epidemiologic wellbeing of the population and the central executive authorized body in the field of environmental protection according to the procedure, established by the legislation of the Republic of Kazakhstan.

3-1. Physical persons and legal entities submit documents to regional bodies of authorized body in the field of use and protection of water fund, water supply, water disposal for review:

1) offers on determination of sites of the companies and other constructions influencing condition of waters according to appendix 1 to these rules;

2) the preproject documentation, construction projects and reconstruction of the companies and other constructions influencing condition of waters according to appendix 2 to these rules;

3) documents on carrying out construction, dredging, explosive works on mining, water plants, laying of cables, pipelines and other communications, the cabin of the wood, and also drilling, agricultural and other operations on water objects, the water protection zones and strips according to appendices 3, 4 to these rules.

2. Procedure for approval of placement of the companies and other constructions influencing condition of waters

4. Designing of the companies and constructions influencing condition of waters is performed after obtaining by the initiator of the planned activities of the act of the choice of the parcel of land.

5. The project documentation on placement and construction of the companies and constructions influencing condition of waters shall be developed according to the current legislation of the Republic of Kazakhstan.

6. The project documentation on construction of the companies and constructions influencing condition of waters shall be approved by the following state bodies:

regional bodies of authorized body in the field of use and protection of water fund, water supply, water disposal;

authorized body on use and protection of subsoil - in the field of influence on condition of subsoil, including on underground waters;

authorized body on management of land resources;

authorized body in the field of sanitary and epidemiologic wellbeing of the population;

authorized body in the field of veterinary science - on the companies and constructions connected with procurement (slaughter) and conversion of animals, products and raw materials of animal origin;

authorized body on emergency situations - on the water objects constituting potential mudstone danger;

authorized body of water transport - on navigable water objects;

authorized body in the field of protection, reproduction and use of fish inventories and other types of water animals - on the companies and constructions for maintaining fishery and production of fish resources;

authorized body in the field of power supply - according to construction projects of communications through water objects.

7. The reconciliation procedure of projects of placement and construction of the companies and constructions provided in Item 6 of these rules is performed by state bodies within ten working days after submission of the project documentation to them if other term is not established by the legislation of the Republic of Kazakhstan.

8. After passing of reconciliation procedure with the relevant state bodies, the approved edition of the project documentation shall be provided for state examination of projects and the state environmental assessment according to the procedure, established by the legislation of the Republic of Kazakhstan.

9. Approval and environmental assessment of the project documentation on construction of the companies and constructions influencing condition of waters are performed by authorized state bodies within their competence.

10. The design estimates on construction of the companies and constructions influencing condition of waters after passing of state examinations of projects on construction are submitted for approval according to the procedure, established by the legislation of the Republic of Kazakhstan.

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