LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 2, 2021 No. 401-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues

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, St. 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-І, Art. 119; 2020, No. 10, Art. 39, 48; No. 11, Art. 54; No. 13, Art. 67; No. 14, Art. 68, 71; Art. No. 17-18, 78):

Article 5 to state 1) in the following edition:

"Article 5. Tasks of the land legislation

Tasks of the land legislation of the Republic of Kazakhstan are: establishment of the bases, conditions and limits of origin, change and termination of the property right to the parcel of land and right of land use, procedure of the rights and obligations of owners of the parcels of land and land users; regulation of land relations for the purpose of ensuring rational use and protection of lands, reproduction of fertility of soils, preserving and improvements of the environment, adaptation to climate change; creation of conditions for equal development of all forms of managing; protection of land rights of physical persons and legal entities and state; creation and market development of the real estate; strengthening of legality in the field of land relations.";

The subitem 12) to state 2) to part one of Item 1 of Article 48 in the following edition:

"12) under the common use facilities intended for satisfaction of needs of the population (water supply systems, heating mains, treatment facilities and other engineering and communication networks and systems, infrastructure for separate collection of municipal solid waste), and also under objects of special purpose according to the subitem 8) parts five of Item 3 of article 107 of this Code;";

3) in Article 49-2:

to state part one of Item 2 in the following edition:

"2. The bases for reservation of lands are the complex schemes of town-planning planning of the territories, master plans of settlements, projects (schemes) of passing of automobile and railway roads approved in accordance with the established procedure, the conclusions about determination of the sphere of scope of environmental impact assessment, documents of System of state planning in the Republic of Kazakhstan.";

add Item 3 with part three of the following content:

"Reservation of lands when evaluating impact on the environment is performed for the term of no more than three years in case of the address of the initiator of the planned activities with the conclusion of authorized body in the field of environmental protection about determination of the sphere of scope of environmental impact assessment provided by the ecological legislation of the Republic of Kazakhstan.";

The subitem 2) of Item 1 of Article 65 to state 4) in the following edition:

"2) to apply the production technologies conforming to health and ecological requirements, not to allow damnification to health of the person, deterioration in sanitary and epidemiologic and radiation situation, causing ecological damage as a result of the activities performed by them;";

5) in Article 93:

in the subitem 4) of Item 3 of the word to "considerable deterioration in ecological situation" shall be replaced with words to "ecological damage";

state Item 5 in the following edition:

"5. In cases when use of the parcel of land or its part which led to essential decrease in fertility of farmlands or to ecological damage the owner of the parcel of land or the land user eliminate damage according to the legislation of the Republic of Kazakhstan.";

6) part one of Item 2 of article 109 after the word" (pavilions)," to add with the words "container areas for separate collection of municipal solid waste and collection points for secondary raw materials";

Item 2 of Article 142 to state 7) in the following edition:

"2. Assessment of negative impact on condition of lands and efficiency of the provided actions for their protection is made by results of state examinations without which positive conclusions implementation of the new equipment and technologies, implementation of actions for land reclamation, financing of construction (reconstruction) of buildings (structures, constructions) and other objects are prohibited.".

2. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3; No. 11, Art. 102; 2012, No. 2, Art. 14; No. 3, Art. 27; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 7, Art. 37; No. 10, Art. 52; No. 19-І, 19-II, Art. 96; 2015, No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; 2017, No. 3, Art. 6; No. 12, Art. 34; 2018, No. 10, Art. 32; No. 24, Art. 93; 2019, No. 19-20, of Art. 86; 2020, No. 13, Art. 67):

Heading of Article 72 to state 1) in table of contents in the following edition:

"Article 72. Increase in resource potential of the woods on sites of the state forest fund";

Part one of Item 1 of Article 13 to add 2) with subitems 18-53), 18-54), 18-55) and 18-56) of the following content:

"18-53) will organize within the competence evaluating vulnerability to climate change;

18-54) determines priorities and measures for adaptation to climate change within the competence;

18-55) performs measures for adaptation to climate change within the competence;

18-56) performs monitoring and efficiency evaluation of the measures for adaptation to climate change determined within the competence and adjusts these measures on the basis of results of monitoring and assessment;";

4) of Article 26 of the word "environmentally acceptable" to exclude 3) in the subitem;

The subitem 1) of Article 27 to state 4) in the following edition:

"1) to conduct forestry and forest utilization on the sites of private forest fund which are in their property or long-term land use, the methods and methods provided by this Code and other legal acts of the Republic of Kazakhstan with observance of requirements of the ecological legislation of the Republic of Kazakhstan;";

5) in Article 38:

4) to state the subitem in the following edition:

"4) in case of procurement of wood to observe requirements for preserving optimal conditions for natural reproduction of the wood;";

exclude subitem 20-1);

Item 1 of Article 53 to state 6) in the following edition:

"1. Sites of the objects influencing condition and reproduction of the woods are approved with authorized body with obligatory conducting sanitary and epidemiologic examination.";

Item 1 of Article 54 to state 7) in the following edition:

"1. Carrying out in the state forest fund of construction works, production of popular minerals, laying of communications and accomplishment of other works which are not connected with forest management and forest utilization if for this purpose are not required transfer of lands of the state forest fund in other categories of lands and (or) their withdrawal, are performed based on the decision of local executive body of area in coordination with authorized body in the presence of the corresponding ecological permission or the positive conclusion of the state environmental assessment.";

To add Article 62 with the subitem 10) of the following content:

"10) holding actions for adaptation to climate change and reduction of vulnerability to climate change.";

9) in Article 72:

state heading in the following edition:

"Article 72. Increase in resource potential of the woods on sites of the state forest fund";

1, 2 and 3 to state Items in the following edition:

"1. Forest management on sites of the state forest fund shall provide increase in resource potential of the woods.

2. Increase in resource potential of the woods on sites of the state forest fund is performed as a result of realization of system of evidence-based cabins, reproduction of the woods, improvement of their pedigree structure, creation and effective use of permanent forest seed base on selection and genetic basis, hydroforest improvement, care of the woods, including cabins of leaving and sanitary cabins, construction of roads of forestry and landscape appointment, holding other forestry and landscape actions.

3. Events for increase in resource potential of the woods on sites of the state forest fund are held by forest organizations and forest users according to forest management projects.";

Part one of Item 2 of Article 93 to state 10) in the following edition:

"2. Other cabins, and also the cabins connected with reconstruction of the invaluable and losing protective, water preserving and other ecological functions plantings in the woods of the categories of the state forest fund listed in subitems 1), 2), 3), 4), 5) and 6) of Item 2 of Article 44 of this Code are carried out only on permission of authorized body.".

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