Article 23. Legal regime of lands of specially protected natural territories The Law on Specially Protected Natural Territories

Home / RLA / Article 23. Legal regime of lands of specially protected natural territories The Law on Specially Protected Natural Territories

 1. Specially protected natural territories, their lands, water bodies and (or) their plots belong to the people of Kazakhstan and are not subject to alienation. On behalf of the people of Kazakhstan, the right of ownership is exercised by the State. At the same time, the exercise of ownership rights by the State is implemented through the state ownership regime in the interests of the people of Kazakhstan.

2. The seizure of lands of specially protected natural territories is not allowed.

The transfer of lands of specially protected natural territories is not allowed, except in cases of transfer to reserve lands by decision of the Government of the Republic of Kazakhstan, if there is a positive conclusion of the state environmental assessment in accordance with the procedure determined by the Government of the Republic of Kazakhstan.:

1) for the construction, arrangement, and operation of facilities of the State Border of the Republic of Kazakhstan and facilities for defense needs in the absence of other options for their possible location.;

2) for the construction and operation of strategic water management and hydraulic engineering structures in the absence of other options for their possible location and only those land plots on which a regime of limited economic activity is established.;

3) for the extraction of solid minerals (with the exception of common minerals) in accordance with paragraph 1 of Article 84-2 of this Law and only those land plots on which a regime of limited economic activity is established.;

4) excluded by the Law of the Republic of Kazakhstan dated 26.06.2025 No. 198-VIII (effective ten calendar days after the date of its first official publication).

5) for the operation of facilities of healthcare and educational organizations, operating cemeteries, sewage treatment plants, and power transmission lines located within the boundaries of specially protected natural territories and operating before the creation and expansion of specially protected natural territories, without changing their intended purpose.

The basis for the transfer of lands of specially protected natural territories to reserve lands in accordance with subparagraph 3) of part two of this paragraph for the extraction of solid minerals is the discovery of a solid mineral deposit in a subsurface area located within an exploration site or geological allotment under an exploration contract or license, the resources and reserves of which are confirmed by an assessment report. resources and reserves of solid minerals in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use.

When transferring lands of specially protected natural territories in accordance with subparagraph 3) of part two of this paragraph for the purposes of extraction of solid minerals, the conditions for the commencement of mining operations are:

1) acceptance by the subsurface user of obligations for compensatory planting of forest crops in double the amount of the area of the transferred site in agreement with the authorized body in the field of specially protected natural territories, as well as to ensure the restoration of the fertile layer of the solid mining site upon completion of work;

2) conducting an environmental impact assessment;

3) the presence of a positive conclusion of the state environmental assessment;

4) conducting wide-ranging public hearings in the relevant administrative-territorial units and localities of specially protected natural territories with coverage in the mass media.

At the same time, the transfer of a land plot to third parties or as collateral is not allowed.

Lands of specially protected natural territories transferred to reserve lands are transferred back to lands of specially protected natural territories if they are not transferred to other land categories within one year from the date of the decision to transfer them to reserve lands. The transfer of reserve lands to lands of specially protected natural territories is carried out in the presence of a positive conclusion of the state environmental assessment and a decision:

1) The Government of the Republic of Kazakhstan, on the proposal of the authorized body, agreed with the local executive body of the region, the city of republican significance, the capital, for a specially protected natural area of republican significance;

2) the local executive body of the region, the city of republican significance, the capital, at the suggestion of the department of the authorized body – for a specially protected natural area of local significance.

The transfer of reserve lands back to the lands of specially protected natural territories is carried out in accordance with the rules approved by the Government of the Republic of Kazakhstan.

2-1. Specially protected natural territories may be used for scientific, cultural, educational, tourist, recreational and limited economic purposes in accordance with the procedure and under the conditions provided for by this Law.

2-2. Plots of specially protected natural territories in the zone of limited economic activity, where haymaking and grazing of livestock are possible, may be provided for short-term use for haymaking and grazing of livestock in accordance with the procedure established by the Forest Code of the Republic of Kazakhstan.

2-3. Plots of specially protected natural territories in the zone of limited economic activity are provided to individuals and legal entities for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) to tourism facilities, taking into account animal migration routes, without transferring lands of specially protected natural territories to reserve lands on the basis of a long-term use agreement. sites of specially protected natural areas for design, construction and maintenance of engineering infrastructure for tourism facilities, concluded with an environmental organization.

An agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) to tourism facilities is concluded on the basis of a model agreement approved by the Government of the Republic of Kazakhstan.

The agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) for tourism facilities specifies the name of the work being carried out, the terms and conditions of their implementation, environmental requirements for environmental protection, measures for the reclamation of disturbed lands and the timing of their implementation. carrying out.

3. On the lands of specially protected natural territories, any activity that does not correspond to their intended purpose is prohibited, with the exception of civil protection measures.

4. Measures involving the construction of structures and engineering protection against dangerous geological processes are carried out on the lands of specially protected natural territories of national significance on the basis of an agreement on the provision of long-term use of sites of specially protected natural territories for the expansion of the network of seismological stations, the construction of hydraulic engineering and other protective structures against mudflows, avalanches, landslides, concluded between environmental organizations and (or) state and local executive bodies.

The agreement on the provision of long-term use of specially protected natural areas for the expansion of the network of seismological stations, the construction of hydraulic engineering and other protective structures from mudflows, avalanches, landslides is concluded on the basis of a model agreement approved by the Government of the Republic of Kazakhstan.

The agreement on the provision of long-term use of specially protected natural areas for the expansion of the network of seismological stations, the construction of hydraulic structures and other protective structures from mudflows, avalanches, landslides specifies the name of the work carried out, the terms and conditions of their implementation, environmental requirements for environmental protection, measures for the reclamation of disturbed lands and the timing of their implementation..

The Law of the Republic of Kazakhstan dated July 7, 2006 No. 175.

This Law regulates public relations on the creation, expansion, protection, restoration, sustainable use and management of specially protected natural territories and objects of the state nature reserve fund, representing special ecological, scientific, historical, cultural and recreational value, as well as being a component of the national, regional and global ecological network.

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