Article 49-2. Reservation of lands of the Land Code of the Republic of Kazakhstan

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1. Land reservation is carried out by creating reserve territories on state-owned lands in order to ensure the development of settlements, individual housing construction, the placement of planned engineering, transport and social infrastructure facilities, strategic facilities, defense and security facilities, space activities, the creation of specially protected natural areas, including protective forest plantations, for fisheries management, aquaculture of the use of pasture and haymaking lands in order to meet the needs of the population for grazing farm animals of personal farmsteads and gardening, as well as for the purposes of subsurface use and the creation of special economic zones or industrial zones of national or regional significance.

2. The grounds for reserving land are the integrated urban planning schemes of territories approved in accordance with the established procedure, general plans of settlements, projects (schemes) for the passage of highways and railways, conclusions on determining the scope of environmental impact assessment, documents of the State planning System in the Republic of Kazakhstan.

Land reservation for the purposes of subsurface use is carried out on the basis of the state subsoil fund management program or other documents that, in accordance with the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", are the grounds for such reservation.

The reservation of pastures in order to meet the needs of the population for grazing farm animals of a personal farmstead is carried out on the basis of a Plan for the management and use of pastures.

3. Reservation of lands, except in cases of creation of specially protected natural territories, is carried out for a period of up to twenty years by local executive bodies of regions, cities of republican significance, the capital, and within the boundaries of settlements, with the exception of cities of republican significance, the capital, by local executive bodies of districts, cities of regional significance.

Reservation of lands for specially protected natural territories is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of specially protected natural territories.

Reservation of land during environmental impact assessment is carried out for a period of no more than three years if the initiator of the planned activity applies with the conclusion of the authorized body in the field of environmental protection on determining the scope of environmental impact assessment provided for by the environmental legislation of the Republic of Kazakhstan.

4. The decision of local executive bodies on the reservation of land must specify the basis, objectives and timing of the reservation, the total area and category of land, as well as restrictions on land use. When reserving previously granted land plots on the right of land use or limited purpose use, land users and holders of easements are indicated.

5. The local executive bodies specified in the first part of paragraph 3 of this Article are obliged, within thirty calendar days from the date of the decision on land reservation, to notify land users and holders of easements whose plots are included in the reserved lands, as well as to ensure the availability of information on land reservation by publishing in periodicals distributed in the territory the corresponding administrative-territorial unit.

6. Land reservation does not entail the termination of the right of land use by land users whose land plots are included in the reserved lands.

Land plots from reserved lands, with the exception of public pastures, pastures intended to meet the needs of the population for grazing farm animals of a personal farmstead, may be provided for temporary land use for a period prior to the start of land development for the purposes for which they were reserved, for the placement of temporary facilities or purposes not related to construction, based on their belonging to a particular category of land and their permitted use in accordance with the zoning of the land.

The Land Code of the Republic of Kazakhstan dated June 20, 2003

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