LAW OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2020 No. 362-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning especially protected natural territories

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 9, Art. 27; No. 10, Art. 32; 2019, No. 1, Art. 4; No. 2, Art. 6; No. 7, Art. 37, 39; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 103, 108; No. 24-I, Art. 119; 2020, No. 10, Art. 39, 48; No. 11, Art. 54; No. 13, Art. 67; The law of the Republic of Kazakhstan of June 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning improvement of business climate", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 30, 2020; The Law of the Republic of Kazakhstan of July 2, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring availability of the Internet in rural settlements", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 3, 2020):

1) in Article 13:

state subitem 3-1) in the following edition:

"3-1) transfer of lands of especially protected natural territories to lands of inventory, and also transfer of lands of inventory back to lands of especially protected natural territories according to the offer of authorized body in the field of especially protected natural territories according to the Law of the Republic of Kazakhstan "About especially protected natural territories";";

add with subitem 3-2) of the following content:

"3-2) approval of procedure for transfer of lands from one category in another in the cases established by the Law of the Republic of Kazakhstan "About especially protected natural territories";";

Article 138 to add 2) with part two of the following content:

"If earth of inventory, earlier being part of lands of especially protected natural territories, are not transferred to other categories of lands according to the legislation of the Republic of Kazakhstan, such lands are transferred back to category of lands of especially protected natural territories according to the Law of the Republic of Kazakhstan "About especially protected natural territories".";

Article 171 to add 3) with parts two and third the following content:

"The earth of inventory, not transferred to other categories of lands for the purpose of construction and functioning of the objects of tourism provided by state programs or documents of System of state planning of the Republic of Kazakhstan are transferred back to category of lands of especially protected natural territories in the presence of the positive conclusion of the state environmental assessment by the decision:

1) the Governments of the Republic of Kazakhstan according to the offer of authorized body in the field of especially protected natural territories approved with local executive body of area, city of republican value, the capital - on especially protected natural territory of republican value;

2) local executive body of area, the city of republican value, the capital according to the offer of department of authorized body in the field of especially protected natural territories - on especially protected natural territory of local value.

Transfer of lands of inventory back in category of lands of especially protected natural territories is made according to the Law of the Republic of Kazakhstan "About especially protected natural territories".".

2. In the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 16, Art. 96; 2007, No. 1, Art. 4; 2008, No. 21, Art. 95; No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 13, Art. 114; 2012, No. 3, Art. 27; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 19-I, 19-II, Art. 96; 2015, No. 23-II, Art. 172; 2017, No. 3, Art. 6; No. 12, Art. 34; No. 23-V, Art. 113; 2018, No. 10, Art. 32; 2019, No. 19-20, of Art. 86; 2020, No. 13, Art. 67):

1) in Article 7:

4) to add the subitem with the paragraph the tenth the following content:

"procedure for transfer of lands from one category in another in the cases established by parts two and third Item 2 of article 23 of this Law;";

state subitem 6-1) in the following edition:

"6-1) transfer of lands of especially protected natural territories to lands of inventory, and also transfer of lands of inventory back to lands of especially protected natural territories according to the offer of authorized body in the cases established by parts two and third Item 2 of article 23 of this Law;";

2) in Article 8 part one:

4) to state the subitem in the following edition:

"4) introduction of offers on creation and expansion of especially protected natural territories of republican value;";

add with subitem 4-2) of the following content:

"4-2) entering of offers on transfer of lands of especially protected natural territories into lands of inventory, and also on transfer of lands of inventory back to lands of especially protected natural territories in the cases established by parts two and third Item 2 of article 23 of this Law;";

state subitem 16-6) in the following edition:

"16-6) development of procedure for transfer of lands from one category in another in the cases established by parts two and third Item 2 of article 23 of this Law;";

Item 2 of Article 10 to add 3) with subitem 15-2) of the following content:

"15-2) make transfer of lands of inventory back to lands of especially protected natural territories according to the offer of department of authorized body in the case established by part three of Item 2 of article 23 of this Law;";

Item 1 of Article 20 to add 4) with part three of the following content:

"Decision making about transfer of lands of inventory back to lands of especially protected territories according to part three of Item 2 of article 23 of this Law does not require project development natural-science and feasibility statements.";

Item 2 of Article 23 to add 5) with parts three and the fourth the following content:

"At the same time the earth of especially protected natural territories, transferred to lands of inventory, are transferred back to lands of especially protected natural territories if within one year from the date of decision making about their transfer to lands of inventory they are not transferred to other categories of lands. Transfer of lands of inventory to lands of especially protected natural territories is made in the presence of the positive conclusion of the state environmental assessment and the decision:

1) the Governments of the Republic of Kazakhstan according to the offer of authorized body approved with local executive body of area, city of republican value, the capital - on especially protected natural territory of republican value;

2) local executive body of area, the city of republican value, the capital according to the offer of department of authorized body - on especially protected natural territory of local value.

Transfer of lands of inventory back to lands of especially protected natural territories is made according to the rules approved by the Government of the Republic of Kazakhstan.";

The paragraph of the seventh of the subitem 1) of Item 1 of Article 38 to state 6) in the following edition:

"on provision of transport services, and also services in provision in temporary ownership and use of draft and riding animals;".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

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