ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of July 12, 2019 No. 162/Tax Code

About approval of Rules of establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan

According to subitem 16-2) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of January 6, 2012 "About space activities" I ORDER:

1. Approve the enclosed Rules of establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan.

2. To provide to space committee of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of Agriculture of the Republic of Kazakhstan

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of July 12, 2019 No. 162/Tax Code

Rules of establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan (further - Rules) are developed according to subitem 16-2) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of January 6, 2012 "About space activities" (further - the Law) and determines procedure for establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan.

2. In these rules the following determinations are used:

1) objects of land space infrastructure - belong to objects of land space infrastructure:

scientific and technological and experienced and experimental base of space researches;

means of production of the space equipment and the space missile systems intended for ensuring space activities;

spaceports;

land complexes of management of space objects;

land target complexes for acceptance of information from space objects, its processing and distribution.

2) conservation zones of land space infrastructure - the parcels of land which are taken away for the purpose of ensuring safety and safe operation of objects of land space infrastructure, except for areas of fall of the separated parts of carrier rockets within which the activities incompatible with the purposes of establishment of zones are limited or forbidden.

Chapter 2. Procedure for establishment of conservation zones of objects of land space infrastructure in the Republic of Kazakhstan

3. Conservation zones of objects of land space infrastructure in the Republic of Kazakhstan, according to the land legislation of the Republic of Kazakhstan and the Law, belong to zones with special conditions of use of the earth.

4. Conservation zones of objects of land space infrastructure are established for:

1) scientific and technological and experienced and experimental bases of space researches;

2) means of production of the space equipment and the space missile systems intended for ensuring space activities;

3) spaceports;

4) land complexes of management of space objects;

5) land target complexes of acceptance of information from space objects, its processing and distribution.

For objects of scientific and technological and experienced and experimental bases of space researches are established in the form of land areas at distance on 2 meters at least on object perimeter.

For objects of land space infrastructure on means of production of the space equipment and the space missile systems intended for ensuring space activities are established in the form of land areas at distance on 300 meters at least on object perimeter.

For the spaceports at least 10 kilometers on object perimeter are established in the form of land areas at distance.

For objects of land complexes of management of space objects are established in the form of land areas at distance of 100 meters on object perimeter.

For objects of land target complexes of acceptance of information from space objects, its processings and distribution, are established in the form of land areas at distance at least 300 meters on object perimeter.

5. Conservation zones of land space infrastructure are established by local executive bodies, taking into account requirements of these rules, without seizure of land at owners of the parcels of land and land users.

6. Physical persons and legal entities, including state bodies, branches and representations of legal entities, take measures for non-admission of damage of objects of land space infrastructure, including carrying out explanatory work among the workers about procedure of works in conservation zones.

7. In conservation zones of objects of land space infrastructure construction of buildings and constructions is not allowed. The arrangement and borders of conservation zones are provided in projects on construction of buildings and constructions, and is approved with local executive bodies of the Republic of Kazakhstan.

8. Conservation zones of objects of land space infrastructure in strip of branch automobile and the railroads are used by the physical persons and legal entities performing activities in the field of road and rail transport in coordination with authorized bodies in the field of automobile and the railroads, and also with the organizations operating objects of land space infrastructure.

9. By provision of the lands located in conservation zones of objects of land space infrastructure under agricultural holdings, garden and garden sites and for other agricultural purposes, in the issued documents on the right to the parcel of land authorized body on land relations the mark about availability in sites of zones with special conditions of use becomes.

10. In case of conclusion from operation of objects of land space infrastructure on which conservation zones of objects of land space infrastructure are established by the organizations them operating the notification goes to authorized body on land relations for possibility of involvement of lands in economic circulation and subsequent their provision for the corresponding needs without marks with special conditions of use.

11. In case of withdrawal of the parcels of land for construction of facilities on which there pass objects of land space infrastructure customers approve acts of the choice of the parcel of land with the organizations operating objects of land space infrastructure according to the land legislation of the Republic of Kazakhstan. Approval of the act of the choice of the parcels of land is performed by the organizations operating objects of land space infrastructure in time no more than 10 (ten) working days.

12. Placement of temporary objects within conservation zones of objects of land space infrastructure (booths, billboards, stops) is also approved with the organizations operating the corresponding objects of land space infrastructure in time no more than 10 (ten) working days.

13. Heads of the construction and other organizations performing earthwork in conservation zones of objects of land space infrastructure irrespective of pattern of ownership, take measures for non-admission of damage of objects of land space infrastructure, including carrying out explanatory work among the workers about procedure of works in conservation zones.

14. Within conservation zones of objects of land space infrastructure without written consent and presence of the representative of the relevant organization operating objects of land space infrastructure is not allowed:

1) to perform any kinds construction, installation and explosive works;

2) to perform works which are performed in conservation zones without project and in case of which production objects of land space infrastructure can be damaged (digging of holes, planting of trees, arrangement of field camps, content of the cattle, warehousing of materials, forages and fertilizers, the device of shooting ranges), and also to burn down fires;

3) to organize picnics, drives and parking of motor transport, tractors and mechanisms, obstacles and other obstacles, temporary congresses from roads, to take bulky cargoes near objects of land space infrastructure dimensions of which are equal or exceed height of suspension bracket of wires on support, to build channels (aryk), to make digging of trenches for connection of individual houses (structures) to engineering networks (water supply system, heating system);

4) to make construction and reconstruction of the power lines, radio stations and other objects radiating electromagnetic energy and making dangerous impact on objects of land space infrastructure;

5) to perform placement of temporary objects (booths, billboards, stops);

6) use of unmanned aerial vehicles.

15. For receipt of consent to works, the these rules specified in Item 14, physical persons or legal entities address in written procedure.

16. The organizations operating objects of land space infrastructure consider the arrived addresses, and in time no more than 5 (five) working days after receipt of the address examine object and draw the conclusion about technical capability or impossibility of works.

17. The organizations operating objects of land space infrastructure establish the precautionary signs "Conservation Zone of Object of Space Infrastructure" with indication of the sizes of the conservation zone, the address (the name of the settlement) and phone number (black color) of the organization operating object of space infrastructure. The sign is established on column at meter 1,7 height over the Earth's surface and represents the metal rectangle of 1000х600 millimeters in size painted in light tone.

18. Physical persons and legal entities, irrespective of patterns of ownership of legal entities, approve with local authorized bodies on land relations, architecture, town planning and construction availability or lack of underground communications (water - warm, power - gas distribution networks) on executive drawings in places of crossing and rapprochement with objects of space infrastructure.

19. Disputes between the organizations under which authority objects of land space infrastructure are and physical persons and legal entities (their branches and representations), are solved judicially, according to the legislation of the Republic of Kazakhstan.

 

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