ORDER OF THE RESPONSIBLE SECRETARY OF THE MINISTRY OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2019 No. 8-P

About approval of the Regulations on Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

According to the order of the Government of the Republic of Kazakhstan of July 5, 2019 No. 479 "Some questions of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan", the subitem 6) of Item 1 of the Powers of the responsible secretary approved by the Presidential decree of the Republic of Kazakhstan of July 27, 2007 No. 372 I ORDER:

1. Approve the enclosed Regulations on Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

2. To provide to committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

1) the direction of the copy of this order 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";

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

3) acceptance of other measures following from this order.

3. To impose control of execution of this order on the supervising vice-minister of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

4. This order becomes effective from the date of signing.

Approved by the Order of the Responsible secretary of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of August 1, 2019 No. 8-P

Regulations on Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

Chapter 1. General provisions

1. The republican public institution "Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan" (further - Committee) is the state body and department within competence of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further - the Ministry) performing the strategic, regulating, realizable and control and supervising functions in the field of use and protection of water fund assigned to it by the Constitution, the laws, other regulatory legal acts of the Republic of Kazakhstan and this Provision.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is the legal entity subordinated to the Ministry, in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the chairman of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff of Committee affirm according to the current legislation.

8. Legal address of Committee: The Republic of Kazakhstan, Nour-Sultan's city, Esilsky district, Prospekt Mang_l_k ate 010000,, 8, the office building "The house of the ministries".

9. Full name of state body - republican public institution "Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan".

10. The committee has the subordinated organizations and territorial authorities according to appendix 1 and appendix 2 to this Provision.

11. This Provision is the constituent document of Committee.

12. Financing of activities of Committee is performed at the expense of means of the republican budget.

13. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

Chapter 2. Main objectives, functions, rights and obligations of Committee

14. Tasks:

ensuring coordination concerning realization of state policy, accomplishment of strategic, regulating, realizable and control and supervising functions in the field of water resources management.

15. Functions:

1) exercises the state control of observance of requirements to the mode of economic activity on the water protection zones and strips within the competence;

1-1) exercises control of observance by owners of operating mode of water management constructions, and also the requirements established by regulatory legal acts in the field of safety of dikes;

2) establishes amounts of nature protection and sanitary and epidemiologic omissions on pools of water objects;

2-1) sets water use limits by pools and areas of the cities of republican value, the capital for the ten-year period;

Develops 3) and approves the water quality standards for superficial water objects;

4) creates republican information and analytical system of use of water resources together with the interested state bodies;

5) creates the information database of water objects and provides access to it for all interested persons;

6) is approved by provision of water objects for joint use;

7) is provided by access of the interested physical persons and legal entities to information containing in the state water inventory;

8) prepares and realizes investment projects in water economy;

9) exercises public administration in the field of use and protection of water fund, water supply and water disposal (except the water management and water taking away systems located in settlements);

10) will organize operation of water objects, the water management constructions which are in republican property;

11) will organize project, prospecting, research and design works in the field of use and protection of water fund, water supply and water disposal outside settlements;

12) conducting the state accounting of waters and their use, maintaining the state water inventory and the state monitoring of water objects determines procedure;

13) approves the forecasts of use and protection of water resources as a part of schemes of development and placement of productive forces and industries of economy developed by the central executive bodies regarding the admissible level of use of water resources;

14) approves specific regulations of water consumption and water disposal;

15) exercises control over the implementation of conditions and requirements of international agreements about cross-border waters;

16) consider cases on administrative offenses;

17) develops schemes of complex use and protection of water resources on basins of the main rivers and other water objects in general on the republic;

18) carries out works on education and education of the population in rational use and protection of water fund;

19) makes offers to authorized body on state-owned property by determination of subject and purpose of activities of the republican state company, and also type of the republican state company (on the right of economic maintaining or the state company) performing such activities;

Considers 20) in the cases provided by the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property", approves, and approves development plans for the republican state companies and reports on their execution;

21) coordinates the project documentation on establishment of the water protection zones, protective strips of water objects, zones of sanitary protection of sources of drinking water supply;

22) is approved by use of underground waters of drinking quality for the purposes which are not connected with drinking and economic and household water supply;

23) is approved by establishment of the place for mass rest, tourism and sport on water objects and water management constructions;

24) is approved by the list of the water objects used for timber rafting and procedure for carrying out their cleaning;

25) carries out certification of the organizations on the work right in the field of safety of dikes;

26) develops the rules determining criteria of reference of dikes to declared, and rules of development of the declaration of safety of dike;

27) approves single system of classification of quality of water in water objects;

Develops 28) and approves in coordination with authorized body in the field of environmental protection for superficial water objects the water quality standards in them on the basis of single system of classification of quality of water in water objects;

29) is approved by designing, construction and placement on water objects and (or) the water protection zones (except the water preserving strips) new objects (buildings, constructions, their complexes and communications), and also reconstruction (expansion, upgrade, modernization, reshaping) of the existing objects built before reference of the parcels of land occupied by them to the water protection zones and strips or other especially protected natural territories;

30) develops regulatory legal acts in the field of safety of dikes;

31) participates in development of the priority directions of interstate cooperation in the field of use and protection of water fund;

32) is performed by international cooperation within the competence;

33) makes offers on the conclusion and denouncement of international treaties within the competence;

34) carries out work on the conclusion and denouncement of international treaties within the competence, and also provides their realization.

16. Rights and obligations.

Rights of Committee:

1) to enter relations with structural divisions of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan for providing the operational solution of questions of the productive activity entering competence of Committee;

2) to request and receive from other state bodies and officials information, documents and materials necessary for the solution of the questions carried to competence of Committee;

3) to make suggestions for improvement of the activities regulated by Committee;

4) to perform other rights according to the current legislation of the Republic of Kazakhstan.

Obligations of Committee:

1) to observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law, including:

ensuring availability of standards of the state services;

ensuring knowledge of receivers of the state services of procedure for rendering the state services;

participation in provision of the relevant information in authorized body on quality evaluation of rendering the state services and control of quality of rendering the state services, authorized body in the field of informatization for evaluating quality of rendering the state services;

participation in provision of the relevant information to the non-profit organizations which are carrying out public monitoring in the procedure established by the legislation;

consideration of claims and addresses of receivers of the state services;

2) timely and qualitatively to carry out the functions assigned according to this Provision to Committee.

Chapter 3. Organization of activities of Committee

17. Management of Committee is performed by the Chairman of Committee who bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

18. The chairman of Committee, is appointed to position and dismissed by the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan.

19. The chairman of Committee has deputies who are appointed to positions and are dismissed by the chief of staff of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

20. Powers of the chairman of Committee:

1) within the competence signs orders;

Represents 2) to the Ministry of the offer on structure and the number of staff of Committee, and its territorial subdivisions;

3) appoints to positions and dismisses employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of higher state bodies and officials;

4) appoints to positions and dismisses heads of the subordinated organizations in coordination with the Ministry;

4-1) appoints to positions and dismisses deputy managers of the subordinated organizations (including holding competitive procedures);

4-2) appoints to positions and dismisses deputy managers of territorial subdivisions;

5) after approval of the Ministry agrees to appointment and release from positions of heads of territorial subdivisions (directors of branches and representations) of the subordinated organizations;

6) makes offers in the Ministry on attraction to disciplinary responsibility of heads of territorial subdivisions;

7) determines powers of the deputies, approves job descriptions of employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of higher state bodies and officials;

8) within the competence takes measures for anti-corruption in Committee and its territorial subdivisions and bears the personal responsibility for it;

8-1) will organize actions and bears the personal responsibility for taking measures to anti-corruption in Committee, territorial subdivisions and the subordinated organizations of Committee;

8-2) performs the common directorship of financial and economic activities and carrying out public procurements in Committee;

Encourages 9) and imposes authority punishments on employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of higher state bodies and officials, and also on heads of the subordinated organizations and their deputies;

10) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of heads and deputy managers of the subordinated organizations, and also employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of higher state bodies and officials;

11) resolves sending issues (except for business trips the abroad), rendering financial support, preparation, retraining and advanced training, encouragement, payments of allowances to heads of territorial subdivisions;

11-1) resolves sending issues, rendering financial support, preparation, retraining and advanced training, encouragement, payments of allowances, imposes authority punishments on deputy managers of territorial subdivisions of Committee;

12) temporary execution of its obligations on the deputy manager or other employee of territorial subdivision of Committee makes offers on assignment for the period of absence of the head of territorial subdivision of Committee;

13) approves provisions of structural divisions and within the competence constituent documents of the subordinated organizations of Committee, and also provision of the territorial subdivisions which are under authority of Committee;

14) approves structure and to approve staff lists of the subordinated organizations of Committee;

15) approves in the procedure established by the legislation feasibility statements or design estimates on construction of facilities, financed by target budgetary funds;

16) develops offers on forming of state policy in the regulated sphere;

17) determines competence and order of interaction of territorial subdivisions with Committee;

Cancels 18) or stops completely or in part operation of acts of territorial subdivisions and subordinated organizations;

19) is represented by Committee in state bodies and other organizations without power of attorney;

20) after approval of the Ministry is brought in authorized body on state-owned property by idea of modification and amendments in the Charter of the subordinated organization;

21) performs other powers according to the laws and acts of the President of the Republic of Kazakhstan.

Execution of powers of the chairman of Committee in the period of its absence is performed by person replacing it according to the current legislation of the Republic of Kazakhstan.

21. The chairman of Committee determines powers of the deputies according to the current legislation.

22. The documents sent on behalf of Committee to other structural divisions of the Ministry of the questions entering competence of Committee are signed by the chairman of Committee and its deputy, and in case of their absence - person replacing them.

Chapter 4. Property of Committee

23. The committee can have on the right of operational management the isolated property in cases, stipulated by the legislation.

The property of Committee is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.

24. The property assigned to Committee belongs to republican property.

25. The committee has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the means issued to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan

Chapter 5. Reorganization and abolition of Committee

26. Reorganization and abolition of Committee is performed according to the legislation of the Republic of Kazakhstan.

Appendix 1

to the Provision of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

The list of the organizations which are under authority of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

Chapter 1. Republican public institution

1. Republican public institution "Republican methodical center "Kazagromeliovodkhoz" of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

Chapter 2. Republican state companies

1. The republican state company on the right of economic maintaining Kazvodkhoz of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

2. The republican state company on the right of economic maintaining "the Nurinsky group water supply system" of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

Appendix 2

to the Provision of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

The list of the territorial authorities which are under authority of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

1. Republican public institution "Aralo-Syrdaryinsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

2. Republican public institution "Balkash-Alakolsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

3. Republican public institution "Ertissky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

4. Republican public institution "Esilsky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

5. Republican public institution "Nur-Sarysusky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

6. Republican public institution "Tobol-Torgaysky basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

7. Republican public institution "Zhayyk-Kaspiyskaya basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

8. Republican public institution "Shue-Talas basin inspectorate for regulation of use and protection of water resources of Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan".

 

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