Article 33-1. Functioning of special Industrial zones of the Law on Special Economic and Industrial Zones

Home / RLA / Article 33-1. Functioning of special Industrial zones of the Law on Special Economic and Industrial Zones

1. The operating conditions of the special industrial zone, in addition to those established by this Law, provide that:

1) the owner of the land plot of the special industrial zone has the right to identify himself as the management company of the special industrial zone;

2) the management company of a special industrial zone may be the owner of a divisible land plot of a special industrial zone.

At the same time, the management company of a special industrial zone may, at its discretion, provide land plots of a special industrial zone through sale, transfer to property lease (lease), trust management, as well as replenishment of the authorized capital in accordance with the legislation of the Republic of Kazakhstan.

2. In case of sale, the land plot is transferred to the participants of the special industrial zone for a property lease (lease) for the time before the construction site is put into operation, with the restriction of its pledge and sublease to third parties and with the exclusive right to purchase this land plot after the construction site is put into operation.

In this case, the sale of land plots of a special industrial zone to participants of a special industrial zone is carried out only on condition that the right of pre-emptive purchase of the land plot being sold is respected in accordance with the terms of the business agreement and the land purchase agreement.

3. The management company of the special industrial zone has the right to terminate the agreement on the implementation of the activities of the participant of the special industrial zone in case of repeated violation by the participant of the special industrial zone of the deadlines for the implementation of the project on the territory of the special industrial zone on the terms and in accordance with the procedure established by the agreement on the implementation of activities and the civil legislation of the Republic of Kazakhstan.

In accordance with the agreements on the implementation of activities, the management company is obliged to reserve a part of the land plot provided for the implementation of the project of a participant in a special industrial zone, in accordance with the stages defined in it. At the same time, the land plots reserved in this way may not be transferred to other persons or otherwise alienated by the management company without the consent of the participant in the special industrial zone with whom the specified agreement was concluded, except in cases when such participant has not properly fulfilled the obligations for the phased implementation of the project.

4. The owner of the special industrial zone independently provides financing, construction, operation and maintenance of facilities of internal engineering infrastructure (engineering communications) of the special industrial zone.

5. The management company of the special industrial zone performs other functions, including energy supply, water supply, sanitation, gas supply, provision of communication services to participants of the special industrial zone on the basis of permits and licenses obtained by the management company in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

6. The management company monitors the activities of the participants in the territory of the special industrial zone.

The rules and procedures for the activities and functioning of the special industrial zone are determined and approved by the management company of the special industrial zone and are mandatory for the participants of the special industrial zone.

7. The standard forms of documents defined by this Law do not apply to special industrial zones.

8. The owner of the special industrial zone independently ensures the organization of the activities of the professional fire service in the territory of the special industrial zone.

9. The following types of activities are prohibited in the territory of the special industrial zone:

1) production that does not meet environmental requirements and occupational safety conditions;

2) manufacture of weapons and ammunition (cartridges), trade in weapons and ammunition (cartridges);

3) production of nuclear materials and ionizing radiation sources, trade in nuclear materials and ionizing radiation sources;

4) production of cement, cement clinker, coal, lime and gypsum products;

5) processing, decomposition, incineration, gasification, chemical treatment, final and (or) temporary storage and (or) burial underground of all types of waste;

6) the location of oil refineries, nuclear power plants, nuclear installations, radiation sources, points and installations intended for the storage, disposal and processing of spent nuclear fuel, radioactive substances and waste, as well as other radioactive waste.

10. When designing and constructing facilities on the territory of special industrial zones, contractors performing design and construction and installation work must comply with fire and industrial safety requirements in accordance with the legislation of the Republic of Kazakhstan on civil protection.

11. When designing and constructing facilities on the territory of special industrial zones, contractors performing design and construction and installation work must comply with environmental safety requirements in accordance with the environmental legislation of the Republic of Kazakhstan. Environmental assessment is carried out in accordance with the environmental legislation of the Republic of Kazakhstan.

12. More than one management company is not allowed to operate on the territory of a special industrial zone.

This Law regulates public relations arising from the creation, operation and abolition of special economic and industrial zones on the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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