Article 51. Transfer of lands of the state forest fund to lands of other categories for purposes not related to forestry, and (or) withdrawal of lands of the state forest fund for state needs of the Forest Code of the Republic of Kazakhstan
1. The transfer of lands of the state forest fund to lands of other categories for purposes not related to forestry, and (or) the withdrawal of lands of the state forest fund for state needs shall be carried out by the Government of the Republic of Kazakhstan in accordance with the Land Code of the Republic of Kazakhstan.
1-1. The transfer of lands of the state forest fund to lands of other categories for purposes not related to forestry is allowed in exceptional cases if there is a positive conclusion of the state environmental assessment in accordance with the requirements of the forest and land legislation of the Republic of Kazakhstan on the basis of forest management and land management materials and only related to:
1) creation and expansion of specially protected natural territories;
2) fulfillment of international obligations;
3) the discovery of mineral deposits under the site, in the absence of alternative options for their development;
IZPI's note! Subparagraph 4) has been suspended until 31.12.2025 by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII and during the suspension period this paragraph is valid as follows:
4) construction of highways and railways of international, national, regional and district significance, hydroelectric power plants with an installed capacity of up to 100 MW inclusive, power transmission lines, communication lines and main pipelines;
5) changing the boundaries (features) of settlements, in the absence of other options for their possible location.
6) arrangement of facilities of the State Border of the Republic of Kazakhstan and facilities for defense needs.
7) construction and operation of strategic water management and hydraulic engineering structures in the absence of other options for their possible location.
When transferring forest fund lands in the cases provided for in subitems 3), 4) and 7) of part one of this paragraph, the persons in whose favor the site is being transferred shall carry out compensatory planting of forest crops in twice the amount of the area of the transferred site and care for forest crops during the first three years after their planting on land plots, provided by the relevant local executive bodies as compensation to the state forest owner for transfer to the state forest fund.
2. When transferring lands of the state forest fund to lands of other categories for purposes not related to forestry, and (or) seizing lands of the state forest fund for state needs, individuals and legal entities in whose interests the said transfer and (or) seizing are carried out, compensate for losses and losses of forestry production in accordance with the procedure established by the authorized body. the organ.
3. When the lands of the state forest fund are transferred to lands of other categories for purposes not related to forestry, and (or) the lands of the state forest fund are withdrawn for state needs, issues of conservation or deforestation of plantations located on these lands and the use of wood obtained in case of deforestation are simultaneously resolved.
Forest Code of the Republic of Kazakhstan dated July 8, 2003
President
Republic of Kazakhstan
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