ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2015 No. 19-2/510

About approval of Rules of reference of water objects to category navigable and the list of the navigable waterways used for navigation, take-off (landing) of aircrafts, and rules of their operation

According to Item 3 of article 105 of the Water code of the Republic of Kazakhstan of July 9, 2003 I ORDER:

1. Approve:

1) Rules of reference of water objects to category navigable, according to appendix 1 to this order;

2) the List of the navigable waterways used for navigation, take-off (landing) of aircrafts according to appendix 2 to this order;

3) Service regulations of the navigable waterways used for navigation, take-off (landing) of aircrafts according to appendix 3 to this order.

2. To provide to committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

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

It is approved Minister of investments and development of the Republic of Kazakhstan A. Isekeshev June 23, 2015

It is approved Minister of national economy of the Republic of Kazakhstan E.Dosayev June 7, 2015

It is approved Minister of Energy of the Republic of Kazakhstan B. School student June 15, 2015

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 2, 2015 No. 19-2/510

Rules of reference of water objects to category of navigable

1. These rules of reference of water objects to category navigable (further - Rules) are developed according to Item 3 of article 105 of the Water code of the Republic of Kazakhstan of July 9, 2003, Item 2 of article 11 of the Law of the Republic of Kazakhstan of July 6, 2004 "About inland water transport" (further - the Law on water transport) and determine procedure for reference of water objects to category of navigable.

2. In these rules the following basic concepts are used:

1) authorized body in the field of environmental protection - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

2) the central executive body - the state body performing management in the field of inland water transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination;

3) authorized body in the field of use and protection of water fund, water supply, water disposal (further - authorized body) - the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements;

4) inland waterways of the Republic of Kazakhstan - the natural or artificially created means of communication, possible for use for the purpose of navigation.

3. Inland waterways provide at the scheduled time of shipping season according to the subitem 30) of article 1 of the Law on water transport the corresponding dimensions of the ship courses for uninterrupted and safe navigation of vessels, irrespective of their accessory and patterns of ownership, functioning of navigable hydraulic engineering constructions (locks), accomplishment of ecological, sanitary and epidemiologic requirements in case of operation of waterways.

4. Opportunity and feasibility of implementation of transportation of goods and passengers according to the subitem 2) of Item 1 of article 9 of the Law on water transport determines the central executive body by waterways.

5. The central executive body prepares offers on reference of water objects for category navigable and inclusion of water objects or their sites (with indication of borders) in the list of the navigable waterways used for navigation, take-off (landing) of aircrafts.

6. Offers include:

1) the expected amounts of transportations, expected routes of cargo flows and the planned number of the transport (passenger) fleet for the organization of transportation process represented by local executive bodies;

2) the schematic plan, the hydrological characteristic and features of operation of the water object offered to reference to category of navigable;

3) offers on safety of navigation of the water object offered to reference to category navigable and the need for financial resources on its content on short-term (three years) perspective.

7. Offers on reference of water objects to category of navigable are approved with:

authorized body in the field of environmental protection;

territorial subdivision of department in the field of sanitary and epidemiologic wellbeing of the population.

Appendix 2

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 2, 2015 No. 19-2/510

The list of the navigable waterways used for navigation, take-off (landing) of aircrafts

1. Lake Balkash.

2. The river Esil from dike of the Peter and Paul water storage basin to the settlement of Priishimka of the North Kazakhstan area.

3. The section of the river Esil within administrative-territorial border of the city of Astana.

4. Zhayyk-Kaspiysky channel.

5. The section of the river Kigash (the Volga River sleeve) in the territory of the Republic of Kazakhstan.

6. The river Black Ertis (from border with People's Republic of China) the lake Zaysan - the river Ertis with Bukhtarminsky, Ust-Kamenogorsk and Shulbinsky water storage basins (to border with the Russian Federation).

7. The site on the river Zhayyk from border with the Russian Federation to its mouth.

8. The river Syr Darya near the city of Kyzylorda and ferry crossings.

9. The river Or with the Kapshagaysky water storage basin ranging from border of People's Republic of China to dike of Kapshagaysky hydroelectric power station.

Appendix 3

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 2, 2015 No. 19-2/510

Service regulations of the navigable waterways used for navigation, take-off (landing) of aircrafts

1. General provisions

1. These rules of operation of the navigable waterways used for navigation, take-off (landing) of aircrafts (further - Rules) 15-4 Laws of the Republic of Kazakhstan of July 6, 2004 "About inland water transport" (further - the Law on water transport), the subitem 45) of Article 1 and Item 3 of article 63 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" are drafted according to Item 3 of article 105 of the Water code of the Republic of Kazakhstan of July 9, 2003, Articles 13, of 14, and determine method of operation of the navigable waterways used for navigation, take-off (landing) of aircrafts.

2. Action of these rules extends to the waterways open for navigation according to the list of the navigable waterways used for navigation, take-off (landing) of aircrafts approved by this order.

3. In these rules the following basic concepts are used:

1) territorial subdivisions - territorial subdivisions of authorized body;

2) the vessel - the vessel of internal water swimming, the self-propelled or not self-propelled floating construction used for the purpose of navigation including river-marine vessel, the ferry boat, the vessel of the technical fleet (dredging and dnoochistitelny shells, the floating crane and other technical constructions of this sort) which are under technical observation of the Shipping register;

3) the ship course - the water surface on inland waterways arranged with the signs of navigation situation specifying its direction and borders within which free navigation of vessels of certain sizes is allowed;

4) raids - part of the water area of port outside the ship course intended for the anchor parking of courts, maneuvering or freight handling;

5) project water level - one of the low navigation levels having the established size of long-term security depending on group of waterways on the basis of intensity of navigation based on which on the navigable rivers the guaranteed dimensions of the ship course are established;

6) authorized body - the central executive body performing management in the field of inland water transport and also in the limits provided by the subitem 43) of article 1 of the Law on water transport - perform cross-industry coordination;

7) the company of authorized body - the state company of inland water transport which main objective is implementation of productive activity for proper maintenance and development of inland waterways and navigable hydraulic engineering constructions (locks) for the purpose of ensuring safe navigation of vessels within the serviced borders.

2. Content of the navigable waterways used for navigation, take-off (landing) of aircrafts

4. Carrying out traveling works, including works on the device and content of raids in the ports which are in state-owned property and approaches to moorings of these ports, and also content of navigable hydraulic engineering constructions and the organization by carrier of technological communication are performed by the companies of authorized body, except for the navigable section of the river Esil within administrative-territorial border of the capital.

Ensuring carrying out traveling works on the navigable section of the river Esil within administrative-territorial border of the capital is performed by akimat of the capital.

5. Traveling works are not carried out under condition:

1) if both coast of the navigable waterway are tradable and movement of courts is possible on all width of bed (in this case navigation signs can not be exposed);

2) if on all extent of the navigable waterway there are no limiting rifts and restrictions on dimensions, draft of courts and structures according to appendix to these rules.

6. Carrying out traveling works on the approaches to ports (which are not specified in part one of item 4 of these rules), and also in Items of sediment is performed by their owners.

7. Works on content of inland waterways and navigable hydraulic engineering constructions for them are performed without special permissions to carrying out traveling works.

8. According to the subitem 2) of article 17 of the Law on water transport, control and supervision in the field of inland water transport are performed by territorial subdivisions by means of control and supervision of proper maintenance of navigable waterways and aids to navigation.

3. Navigation barrier of the navigable waterways used for navigation, take-off (landing) of aircrafts

9. The navigation barrier of the navigable waterways used for navigation of take-off (landing) of aircrafts is intended for creation of safe conditions of navigation of vessels, take-off (landing) of aircrafts and ensuring safety of artificial constructions, on inland waterways.

10. Content of navigation barrier of the navigable waterways used for navigation of take-off (landing) of aircrafts is carried out by the companies and consists in work on exposure and servicing of aids to navigation. The companies inform boatmasters on condition and change of traveling conditions.

11. The device and content of signs (stationary and floating) and fires of the navigable alarm system on the railway, road, utility and floating bridges, underwater and air transitions, water intakes and water outlets intended for their safety and creation of safe conditions of navigation of vessels are made by owners of these constructions.

12. The device and content of navigation barrier on water approaches and water areas of ports, moorings, backwaters, raids and other sections of waterways of the isolated use are made by owners of these artificial constructions and the organizations in which use there are these water areas and sections of waterways in coordination with territorial subdivisions.

13. Navigation fires act on coastal and floating signs in case of horizontal illumination, component at least forty - hundred luxury that corresponds to the middle of twilight (in case of provision of the sun three degrees lower than the horizon).

Navigation fires on navigable waterways act on the constructions located in the period of limited visibility.

14. Alarm signs of the waterway for oshvartovka or conclusion of courts or watercrafts are not used, and also these signs are not damaged.

15. Each boatmaster and the pilot of the aircraft informs the relevant company on all defects noticed on alarm signs of way (extinct fire, movement of beacon, buoy, damage of sign).

16. Territorial subdivisions draw up statements on all cases of damage of barrier of inland waterways, spoil of rifts owing to discrepancy of the announced dimensions of way and send them to the companies which take necessary measures for their elimination.

17. Operation of navigable inland waterways is regulated by the Service regulations of inland waterways approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 161 (it is registered in the Register of state registration of regulatory legal acts at No. 10870).

Appendix

to Service regulations of the navigable waterways used for navigation, take-off (landing) of aircrafts

Ratio of dimensions of courts and waterway

The minimum water-supplies (in centimeters)

under the bottom on navigable waterways

 

Waterway depth	For all courts
	In case of sandy and pebble soil	In case of stony soil
Less than 150	10	15
150-300	15	20
More than 300	20	25

 

Note:

1. Value of inventories shows difference between the announced depth on the limiting rift and the largest draft of the vessel.

2. When passing of the rifts limiting on depth by boatmasters the phenomena of sag are considered and measures for its reduction by reduction of speed of the vessel or attraction of auxiliary tower are taken, in case of insufficiency of these measures by the corresponding reduction of the draft (loading).

 

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