On the approval of a model agreement on the provision of plots of specially protected natural areas for long‑term use for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) to tourism facilities

Resolution of the Government of the Republic of Kazakhstan dated February 12, 2026, No. 84

 In accordance with paragraph 3 of Article 122 of the Land Code of the Republic of Kazakhstan and paragraph 2‑3 of Article 23 of the Law of the Republic of Kazakhstan “On Specially Protected Natural Areas”, the Government of the Republic of Kazakhstan DECIDES:

1. Approve the attached standard agreement on the provision of plots of specially protected natural areas for long‑term use for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other utilities) for tourism facilities.

2. This resolution shall enter into force ten calendar days after its first official publication.

Prime Minister of the Republic of KazakhstanO. Bektenov

Approved by Resolution No. 84 of the Government of the Republic of Kazakhstan dated February 12, 2026.

Model agreement on the provision of long‑term use of plots of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other utilities) for tourism facilities.

_____________________ “____” _______________ 20__ year (settlement)

     _______________________________________________________________________________, (name of the environmental institution)hereinafter referred to as the "Institution", represented by ____________________________, acting on the basis of ______________________________________, on the one hand, and_______________________________________________________________________________, (name of the legal entity or (Full name (if any) of the individual)hereinafter referred to as the "User", represented by ___________________________,acting on the basis of ___________________, on the other hand, collectively referred to as"The parties have entered into this agreement as follows.

1. Subject of the agreement

1. The institution, taking into account the recommendation of the coordination council dated “____” _________20___, No. _______, grants the user a paid long‑term use of the institution’s land plots, in accordance with Appendix 1 to this agreement, for the period from “___” ________ 20__ to “___” ______ 20__ for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other utilities) to tourism facilities.

2. The transfer of land plots shall be carried out in accordance with the requirements of paragraph 3 of Article 122 of the Land Code of the Republic of Kazakhstan, without transferring the lands of specially protected natural areas to reserve lands.

3. The use of land plots is permitted exclusively for the purposes stipulated in this agreement, in accordance with the intended purpose and functional zone of the specially protected natural area, taking into account the migration routes of animals, as well as the requirements of the legislation in the field of environmental protection, protection, reproduction and use of animal and plant life.

4. The user’s right to land plots is formalized as the right to temporary paid land use in accordance with Article 29 of the Land Code of the Republic of Kazakhstan; it is inalienable, cannot be pledged, subleased, or otherwise encumbered in favor of third parties, except in cases expressly provided for by the legislation of the Republic of Kazakhstan and this agreement.

     5. The purpose of land plots, their category, the functional zone of a specially protected natural area, the description of borders, the legal regime of land plots, restrictions on use and (or) encumbrances, information on the divisibility/indivisibility of plots, as well as the availability of easements and other rights of third parties are specified in Appendix 1 to this agreement.

     6. The layout of the land plots is specified in Appendix 2 to this agreement.

7. The taxation description of the land plots is specified in Appendix 3 to this agreement and includes the following information: the type of land, the quarter and allocation (if any), the area, the coordinates (description of the location), the predominant tree species, age, height, diameter, density, timber stock, information about flora and fauna species classified as rare and endangered, the presence of non‑exploited areas and other ecologically significant characteristics.

8. The name of the work being carried out _________________________________________.  (construction, reconstruction, operation of an engineering infrastructure facility, and other types of work, specifying their essence).

9. The deadlines for the work are _________________________________________________. (the start and end dates of the work, as well as a phased schedule for the completion of the work, if any, including the implementation of measures for the reclamation of land plots).

10. The conditions for the performance of the work are ______________________________________________.(the main conditions for carrying out the work, including requirements for compliance with the regime of a specially protected natural area, environmental requirements, work schedule, restrictions by season and time of day, consideration of animal migration routes, as well as compliance with the design and cost documentation, and the land reclamation project).

2. Rights and obligations of the parties

     11. The User has the right:

     1) to use the provided land plots exclusively for the design, construction and maintenance of engineering infrastructure (road, mo

2) to import, export, place, and move property, machinery, and equipment provided for in the approved design documentation onto the land plots made available for use, but only within the limits and to the extent necessary for the design, construction, and operation of engineering infrastructure for tourism facilities, subject to the established restrictions and special protection regimes, provided that the import of such property into a specially protected natural area is not prohibited by the legislation of the Republic of Kazakhstan and this agreement;

     3) to exercise other rights in accordance with the legislation of the Republic of Kazakhstan.

     12. The User is obliged to:

1) notify the agency of the planned import, export, placement, or movement of equipment, machinery, and other property on the territory of the land plot that was not previously provided for in the approved project documentation, no later than 10 (ten) working days before the expected date of import, export, placement, or movement, providing a list of the property, its quantity, characteristics, and location;

2) carry out the reclamation of the land plots within 30 (thirty) calendar days after the completion of the work and submit an acceptance certificate to the agency.

3) obtain an environmental impact assessment and other permits required by the current legislation of the Republic of Kazakhstan before starting design and construction work, and also comply with the conditions specified in such permits;

4) strictly comply with the requirements of the current legislation of the Republic of Kazakhstan regarding the activities carried out by the user on the land plots granted for use, including in terms of environmental protection, the forest fund, the animal and plant world, as well as the regimes of specially protected natural areas;

5)to ensure unimpeded access for authorized employees of the institution and authorized representatives of the coordination council to the territory of the land plots accepted for use, as well as to any buildings and structures located on these land plots, in order to carry out control;

     6) to pay for the services provided by the institution in accordance with the tariffs approved by the authorized body in the field of specially protected natural territories;

     7) to fulfill the obligations of the forest user as stipulated by the forest legislation of the Republic of Kazakhstan;

     8)comply with restrictions on the use of land plots, including those related to the presence of easements, protected zones, zones with special conditions for the use of territories, and other encumbrances specified in Appendix 1 to this agreement;

     9) in the event of causing harm to the environment, immediately inform the institution and the authorized bodies about the measures taken to contain and eliminate the consequences, as well as to compensate for the harm in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     10) carry out other obligations in accordance with the legislation of the Republic of Kazakhstan.

13.After the expiration of the land plot usage period, as well as in the event of termination of the agreement by mutual agreement (with written documentation and a reconciliation statement), or at the user’s initiative (in cases where the use of the plot is no longer justified, the project cannot be implemented, or the source of funding is lost), with notification to the parties no later than 30 (thirty) days, the user assumes the following obligations:

     1) to coordinate with the institution, within 5 (five) business days from the date of termination or termination of the agreement, an action plan for the removal of the user's property from the territory of the land plots and bringing them into a condition that meets the requirements of the reclamation project and the legislation of the Republic of Kazakhstan.;

     2) to carry out the export of movable property, as well as the dismantling and export of immovable property from the territory of land plots no later than one calendar month after the termination or termination of the contract, unless other deadlines are established by the reclamation project and (or) the agreement of the parties;

     3)To carry out a set of measures for the reclamation of land plots in accordance with the Instructions for the Development of Reclamation Projects for Disturbed Lands, approved by Order No. 289 of the Minister of Agriculture of the Republic of Kazakhstan dated August 2, 2023 (registered in the register of state registration of regulatory legal acts under No. 33250), and the reclamation project, which is an integral part of this agreement, within the timeframes established by this project.

14. The User shall not have the right to transfer the rights and obligations under this agreement to third parties (including assigning the right of claim, subleasing (sub‑land use) without the prior written consent of the institution and the coordination council, taking into account the requirements of the legislation of the Republic of Kazakhstan (when approving the assignment of rights, the environmental consequences must be reassessed and, if necessary, a new decision of the coordination council must be obtained).

15. The Institution shall have the right:

1) to take ownership of the User’s real estate under a gift agreement;

2) terminate the land use agreement unilaterally, in writing

16. The Institution exercises its rights and obligations arising from the provisions of the current legislation of the Republic of Kazakhstan, including the following powers:

     1) to ensure unimpeded access to the territory of the land plots transferred to the User under this agreement, to any buildings and structures located on these land plots, in order to monitor the User’s compliance with the current legislation of the Republic of Kazakhstan;

     2) to monitor compliance with the requirements for the User’s use of the land plots for their intended purpose.

 In the process of state regulation of the user’s activities, the institution and its officials must not create obstacles to the user’s lawful activities, provided that the user complies with the requirements of this agreement and the legislation of the Republic of Kazakhstan.

3. Liability of the parties

     17. The parties are liable for failure to perform or improper performance of the terms of this agreement in accordance with this agreement and the legislative acts of the Republic of Kazakhstan.

     18.In the event of damage to natural complexes, the user bears material liability in accordance with the Environmental Code of the Republic of Kazakhstan and compensates for the damage in full.

4. Force majeure

     19. Neither party shall be liable for failure to perform or improper performance of any obligations under this agreement if such failure or improper performance is caused by force majeure.

20. Force majeure circumstances are extraordinary and unforeseeable circumstances, including natural phenomena, military actions, a state of emergency, and other similar circumstances that the parties could not have anticipated and that directly affected the performance of this agreement.

Such circumstances do not include, in particular, the absence of goods, works, or services required for performance on the market.

21.In the event of force majeure, the party affected by it shall immediately notify the other party by sending a written notice indicating the date of occurrence and describing the force majeure circumstances.

     22. In the event of force majeure, the parties shall immediately hold negotiations to find a solution to the current situation and shall use all means to minimize the consequences of such circumstances.

     23. The occurrence of force majeure shall be confirmed by documents from the relevant competent government bodies and organizations.

5. Special conditions

24. This agreement is subject to renegotiation, or amendments and additions must be made to it after the next or extraordinary forest management survey and the assignment of rights to the objects to a third party.

25. All amendments and additions to this agreement must be approved by the coordination council, drawn up in writing, and signed by the parties.

26. All annexes specified in this agreement, as well as amendments and additions to this agreement, are an integral part of it.

27. In the event of changes to the project and planned activities, the user shall send an official letter to the institution no later than 5 (five) working days before the expected date of the amendments. The amendments shall be implemented only after receiving the institution’s written consent and (if necessary) the coordination council’s consent.

28. Unilateral actions by either party related to the use of land plots, changes in the terms of use, or termination of work without following the approval procedure provided for in this agreement shall be deemed a breach of the agreement.

29. Upon expiration of the contract term, all construction facilities erected by the user on the land plots must be transferred free of charge to the institution under an acceptance certificate, or dismantled and removed by the user, with the land plots being brought to a state corresponding to the reclamation project and the requirements of the legislation of the Republic of Kazakhstan, without causing damage to natural complexes, in accordance with the procedure provided for in this contract.

6. Procedure for resolving disputes

30.All disputes between the parties under this agreement must be resolved through pre‑trial negotiations.

     31. If no agreement is reached, the dispute is referred to the court for consideration in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

7. Validity of the agreement

     32. This agreement is drawn up in 3 copies — one copy for the user and the institution, and one copy for the non‑profit joint‑stock company “State Corporation ‘Government for Citizens’”. All 3 copies have the same legal force.

33. The agreement is concluded in the state and Russian languages for a period of ____ years and comes into force from the moment of its registration with the non‑profit joint‑stock company “State Corporation ‘Government for Citizens’”.

8. Legal addresses and details of the parties.

      _____________________________________________

Перечень участков, передаваемых в долгосрочное пользование

      Месторасположение земельного участка: _______________ филиал республиканского государственного учреждения "_________", лесничество ___________.

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Схема расположения участков, передаваемых в долгосрочное пользование

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Таксационное описание участков, передаваемых в долгосрочное пользование

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