On amendments and additions to certain legislative acts of the Republic of Kazakhstan (on issues of specially protected natural territories)
The Law of the Republic of Kazakhstan dated May 11, 1999 No. 381-1
To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Forest Code of the Republic of Kazakhstan, adopted by the Supreme Council of the Republic of Kazakhstan on January 23, 1993 K932000_ (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1993, No. 3, Article 45; 1995, No. 20, Article 120): in paragraph 1 of Article 6, replace the words "reserves and national parks" with the words "state nature reserves, State national nature parks and State nature parks"; Subparagraph 4) of Article 20 shall be worded as follows: "4) forests of specially protected natural territories (forests of state nature reserves, state national nature parks, state natural parks, state forest monuments of nature, state protected areas, especially valuable woodlands, forests of scientific importance, forests of nut-growing areas, fruit plantations, subalpine forests)."; In paragraph 1 of article 41, the words "nature reserves, national and historical parks, natural monuments, protected areas, forests of scientific importance" should be replaced by the words "specially protected natural territories", the words "forests of nut-growing zones, fruit plantations" and "subalpine" should be deleted; In paragraphs 2 and 3 of article 41, the words "national and historical natural parks (in areas of economic activity)" should be replaced by the words "State national natural parks and State natural parks (in areas of regulated economic activity, limited and traditional economic activity)".
2. To the Water Code of the Republic of Kazakhstan, adopted by the Supreme Council of the Republic of Kazakhstan on March 31, 1993. K933000_ (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1993, No. 7, art. 149; Bulletin of the Parliament of the Republic Kazakhstan, 1996, No. 22, Article 408): Add the following ninth paragraph to article 12: "approval of lists of reservoirs of special state significance or special scientific value classified as specially protected natural territories of national significance;"; Chapter XIV should be worded as follows: "Chapter XIV. Use of reservoirs of specially protected natural territories Article 82. Reservoirs of specially protected natural territories Reservoirs of specially protected natural territories include reservoirs of state nature reserves, state national nature parks, state natural parks, state natural monuments, state protected areas, state nature reserves, reservoirs of special state significance or special scientific value, and wetlands of international importance. Article 83. The procedure for using reservoirs of specially protected natural territories The procedure for using reservoirs of specially protected natural territories is determined by the legislation of the Republic of Kazakhstan in the field of specially protected natural territories.".
3. To the Law of the Republic of Kazakhstan dated October 21, 1993 Z933300_ "On protection, reproduction and use of wildlife" (Vedomosti of the Supreme Council of the Republic of Kazakhstan, 1993, No. 18, Article 439): the sixth paragraph of Article 19 should be worded as follows: "- organizations of state nature reserves, State national nature parks, state natural parks, state natural monuments, state nature reserves, state protected areas and wetlands of international importance;"; Article 23 should be worded as follows: "Article 23. Protection, reproduction and use of wildlife in specially protected natural areas The protection, reproduction and use of wildlife in specially protected natural territories are carried out in accordance with the legislation of the Republic of Kazakhstan in the field of specially protected natural territories.".
4. To the Decree of the President of the Republic of Kazakhstan, which has the force of law, dated December 22, 1995 No. 2717 U952717_ "On Land" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 24, art. 159; Bulletin of the Parliament of the Republic Kazakhstan, 1997, No. 12, art.189; No. 13-14, art. 209; 1998, No. 14, art. 201; No. 17-18, art.225): to formulate Article 89 as follows: "Article 89. Composition of lands of specially protected natural territories Lands of specially protected natural territories include lands of state nature reserves, state national natural parks, state natural parks, state natural monuments, state protected areas, state nature reserves, state zoological parks, state botanical gardens, state arboretum parks, forests of specially protected natural territories, reservoirs of special state significance or special scientific significance. value, wetlands of international importance, subsurface areas of special ecological, scientific, cultural and other value."; article 90 should be worded as follows: "Article 90. Assignment of lands to the category of specially protected natural territories The assignment of lands to lands of specially protected natural territories is carried out by the Government of the Republic of Kazakhstan and local executive bodies in accordance with their competence and the procedure established by the legislation of the Republic of Kazakhstan."; add article 90-1 as follows: "Article 90-1. Reservation of lands for specially protected natural territories 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."; paragraphs 2 and 3 of Article 91 should be worded as follows:
"2. In respect of lands of specially protected natural territories, a legal regime of special protection or a regulated regime of economic activity is established.
3. The regime of lands of specially protected natural territories is established in accordance with this Decree and the legislation of the Republic of Kazakhstan in the field of specially protected natural territories."; with
The article 92 should be worded as follows:
"Article 92. Lands of protected, sanitary-protective and other protective zones of specially protected natural territories
1. In order to ensure special protection, security, sanitary protection and other protective zones of specially protected natural territories may be established with the prohibition of any activity within these zones that adversely affects the conservation and reproduction of objects of the state nature reserve fund. The sizes, boundaries and modes of use of security, sanitary protection and other protective zones of specially protected natural territories are determined by local executive bodies.
2. Lands of protective, sanitary-protective and other protective zones of specially protected natural territories are allocated to a separate category by local executive bodies and designated locally by special signs.
3. Land plots within the boundaries of security, sanitary protection and other protective zones of specially protected natural territories are used in compliance with the established regime of protection of these zones and may be withdrawn (redeemed) for state needs in accordance with the conditions determined by the Government of the Republic of Kazakhstan.". 5. To the Decree of the President of the Republic of Kazakhstan, which has the force of law, dated January 27, 1996 No. 2828 U962828_ "On Subsoil and subsoil use" (Vedomosti Parliament of the Republic of Kazakhstan, 1996, No. 2, Article 182):
Add subparagraph 11) to Article 7 as follows:
"11) approves lists of geological, geomorphological and hydrogeological objects of the state nature reserve fund of national and international importance and determines the procedure for their limited economic use in specially protected natural territories, as well as approves lists of subsurface areas of special ecological, scientific, cultural and other value classified as specially protected natural territories of national importance.";
Add subparagraph 6) to Article 9 as follows: "6) approve, in coordination with the competent central executive bodies, lists of geological, geomorphological and hydrogeological objects of the state nature reserve fund of local significance and subsurface areas of special ecological, scientific, cultural and other value classified as specially protected natural territories of local significance.";
Article 52 should be worded as follows:
"Article 52. Subsurface areas of special ecological, scientific, cultural and other value
1. Subsurface areas of special ecological, scientific, cultural and other value are specially protected natural territories with a legal regime of special protection or a regulated regime of economic activity designed to preserve typical, unique and rare geological, geomorphological and hydrogeological objects of the state nature reserve fund. Subsurface areas of special ecological, scientific, cultural or other value include: geological objects are natural and artificial outcrops that contain supporting or characteristic sections, characteristic tectonic structures, rare rocks and minerals, meteorites, preserved remnants of fauna and flora; geomorphological objects are terraces, floodplains, caves, gorges, canyons, waterfalls and other forms of relief that clearly reflect the processes of relief formation and have a special value for tourism and recreation; hydrogeological objects are underground waters and their outlets to the surface, characterized by unique and rare properties; areas of the subsoil with rock carvings, ancient mining workings and other objects for the use of the subsoil, having historical, archaeological and ethnographic significance.
2. Subsurface areas of special ecological, scientific, cultural or other value belong to the categories of specially protected natural territories of local and national importance.
3. The seizure of subsurface areas of special ecological, scientific, cultural or other value for other needs is not allowed."; add Article 52-1 as follows:
"Article 52-1. Features of the protection and use of subsurface areas of special ecological, scientific, cultural or other value
1. The specifics of the protection and use of subsurface areas of special ecological, scientific, cultural or other value are determined by the legislation of the Republic of Kazakhstan in the field of specially protected natural territories.
2. In the event of the discovery of geological, geomorphological and hydrogeological objects of special ecological, scientific, cultural or other value, subsurface users are obliged to stop work on the relevant site and notify the authorized body of state control over the protection of the subsoil.".
6. To the Law of the Republic of Kazakhstan dated March 18, 1997 Z970085_ "On Environmental Expertise" (Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 6, Article 67; Law of the Republic of Kazakhstan dated December 24, 1998 Z980334_ "On Amendments and additions to certain Legislative Acts of the Republic of Kazakhstan on the state budget", published in the newspapers Egemen Kazakstan and Kazakhstanskaya Pravda on December 29, 1998): paragraph 2 of Article 6 should be worded as follows: "2. The objects of environmental expertise are also the materials of a comprehensive survey of territories in order to subsequently give them a special legal status (specially protected natural territories, environmental disaster zones, and others)."; the title of article 14 should be worded as follows: "Article 14. Objects subject to mandatory state environmental expertise"; the first paragraph of Article 14 should be worded as follows: "The following objects are subject to mandatory state environmental expertise:"; Add subparagraph 8-1) to article 14 as follows: "8-1) schemes for the development and placement of a network of specially protected natural territories, as well as justifications for the creation of these territories;".
7. To the Law of the Republic of Kazakhstan dated July 15, 1997 Z970160_ "On Environmental Protection" (Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 17-18, art. 213; Law of the Republic of Kazakhstan dated December 24, 1998 Z980334_ "On Amendments and additions to certain Legislative Acts of the Republic of Kazakhstan on the state budget", published in the newspapers Egemen Kazakstan and Kazakhstanskaya Pravda on December 29, 1998.):
The ninth paragraph of Article 8 should be worded as follows: "coordinates and carries out general methodological management of the nature reserve business, organizes the state inspectorate for specially protected natural territories, maintains their state cadastre;"; in paragraph 1 of Article 67, replace the word "or" with the word "or"; paragraph 2 of Article 67 should read as follows: "2. In the Republic of Kazakhstan, the following types of specially protected natural territories are distinguished depending on the purposes, protection regimes and usage features: state nature reserves, including biosphere reserves; state national natural parks; state natural parks; state natural monuments; state protected areas; state nature reserves; state zoological parks; state botanical gardens; state arboretum parks; forests of specially protected natural territories; reservoirs of special state significance or special scientific value; wetlands of international importance; subsurface areas of special ecological, scientific, cultural and other value. The legislation of the Republic of Kazakhstan may provide for other types of specially protected natural territories.
Depending on the value of the objects of the state nature reserve fund, specially protected natural territories are divided into categories into specially protected natural territories of local and national importance.".
8. To the Law of the Republic of Kazakhstan dated July 15, 1997 Z970162_ "On special
protected Natural Territories" (Bulletin of the Parliament of the Republic Kazakhstan, 1997, No. 17-18, Article 215): in paragraph 1 of Article 2, after the word "relics", add the words "genetic reserve", delete the word "for"; in paragraph 1 of article 65, replace the word "or" with the word "either"; in paragraph 1 of article 69, replace the words "specially protected natural territories" with the words "are specially protected natural territories", replace the word "or" with the word "either".
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