THE ORDER OF THE DEPUTY PREMIERES - THE MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 11, 2016 No. 475

About approval of the Regulations on Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan

List of amending documents

According to the order of the Government of the Republic of Kazakhstan of April 6, 2005 I ORDER to No. 310 "Some questions of the Ministry of Agriculture of the Republic of Kazakhstan":

1. Approve the enclosed Regulations on Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan.

2. It is excluded according to the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of 11.09.2018 No. 379

3. 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) official publication in information system of law of Ad_let;

2) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan;

3) acceptance of other measures following from this order.

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

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

Approved by the Order of the Deputy of Premyerministr of the Republic of Kazakhstan of the Minister of Agriculture of the Republic of Kazakhstan of November 11, 2016 No. 475

Regulations on Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan

Chapter 1. General provisions

1. Republican public institution "Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan" (further - Committee) is the state body and department within competence of the Ministry of Agriculture 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 acts 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, the number of staff of Committee affirms the Responsible secretary of the Ministry of Agriculture of the Republic of Kazakhstan (further - the Responsible secretary) after approval of the Minister of Agriculture of the Republic of Kazakhstan (further - the Minister).

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 Agriculture of the Republic of Kazakhstan".

10. The committee has territorial subdivisions, and also the subordinated organizations according to the list of the territorial subdivisions which are under authority of Committee according to appendix 1 and the list of the subordinated organizations of Committee, agrees 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 does not 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 management of water resources.

Functions:

1) approves permissions to special water use;

2) participates in approval of basin schemes of complex use and protection of water objects, preparation of basin agreements, and also realization of the basin principle of water resources management within the competence;

3) exercises the state control in the field of use and protection of water fund according to the competence;

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

5) determines the data specified in the statement for issue of permission to special water use;

6) is performed by methodical ensuring activities of the water management organizations;

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

8) develops target indicators of condition and criteria of quality of water for the pool of each water object together with authorized body for studying and use of subsoil;

9) specifies annual limits of water use taking into account water content of year, ecological and sanitary and epidemiologic condition of water objects;

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

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

12) participates in work on reception-transmission in operation of water management constructions, approves projects of water management constructions and production of the construction, dredging and other works influencing condition of water objects;

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

14) approves the fish-breeding and meliorative and technical actions providing improvement of condition of water objects and water management constructions and reproduction of fish inventories;

15) performs issue, suspension of action and withdrawal of permission to special water use according to the procedure and on the bases established by the laws of the Republic of Kazakhstan;

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

Prepares 17) and realizes investment projects in water economy;

18) 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);

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

20) 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;

21) is performed by the state accounting of waters and their use, maintaining the state water inventory and the state monitoring of water objects;

22) 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;

23) approves specific regulations of water consumption in economy industries;

24) takes measures to elimination of violations of the water legislation of the Republic of Kazakhstan;

25) exercises control of observance of borders of the water protection zones and strips, the set mode of economic activity on them and in especially protected water objects;

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

27) exercises control of observance of the established regulations and rules, limits of water consumption and water disposal of water objects, and also the mode of use of waters;

28) exercises control of observance of Service regulations of water intaking constructions, water management systems and water storage basins;

29) exercises control of correctness of conducting primary accounting of amount of the waters which are taken away from water objects and dumped in them, determinations of quality of waters, availability, serviceable condition and adherence to deadlines of the state certification of equipment and the equipment for accounting of consumption and dumping of waters, observance of fixed terms of the reporting by water users;

30) exercises control over the implementation by physical persons and legal entities of the conditions and requirements established by permissions to special water use and also actions for fight against harmful effects of waters (flood, flooding, flooding, destruction of coast and other harmful phenomena);

31) exercises control of observance of the procedure for provision established by the legislation of the Republic of Kazakhstan in the isolated and joint use of water objects;

32) exercises control of observance of the procedure for conducting the state monitoring of water objects and implementation of the state accounting of surface and underground water established by the legislation of the Republic of Kazakhstan regarding use and protection of water objects;

33) exercises control of non-admission of unauthorized use of water objects, unauthorized building of the territories of the water protection zones and strips of water objects;

34) exercises control of implementation at the companies, organizations and in the organizations of achievements of science and technology, the best practices in the field of rational use and protection of waters, actions for decrease in specific water consumption;

35) exercises control of availability of the project documentation approved in accordance with the established procedure and compliance of construction by it, reconstruction, modernization of objects of industries of the economy and other activities connected with use and protection of water objects, their water protection zones and strips;

36) is performed by production on cases on administrative offenses within the competence established by the laws of the Republic of Kazakhstan;

37) 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;

38) develops water use limits of basins of the rivers on the basis of basin schemes and standard rates of maximum permissible harmful effects on water objects;

39) provides preparation of the budget request of Committee, territorial subdivisions of Committee, its submission to the Ministry, and also accomplishment of other procedures of budget process;

40) will be organized by carrying out the state control in the field of use and protection of water fund;

41) exercises integrated management of water resources of the hydrographic pool on the basis of the basin principle;

42) performs coordination of activities of subjects of the water relations for use of water resources for the purpose of achievement of positive economic effect, reasonable, fair and ecologically steady water use;

43) enables preparation and the realization of basin agreements on recovery and protection of water objects;

44) is performed by conducting the state accounting, the state water inventory and the state monitoring of water objects on pools;

45) performs issue, suspension of action and withdrawal of permission to special water use according to the procedure, established by the legislation;

46) is performed by approval of plans of local executive bodies of areas (the city of republican value, the capital) on rational use of water objects of the respective pool; 47) is performed by approval of offers on determination of sites of the companies and other constructions influencing condition of waters;

48) is performed by approval of the preproject documentation, construction projects and reconstruction of the companies and other constructions influencing condition of waters; documents on carrying out construction, dredging, explosive works on mining, water plants, laying of cables, pipelines and other communications, the cabin of the wood, and also drilling, agricultural and other operations on water objects, the water preserving strips and zones; actions plans of water users on preserving, improvement of condition of water objects;

49) participates in work of state commissions on acceptance for operation of the subjects to production, agricultural and construction engineering purpose influencing condition of waters and also in the works on mitigation of consequences which resulted from approach of emergency situations of natural and technogenic nature;

50) determines water use limits by water users and by the respective pool;

51) participates in the organization and carrying out tender for provision of water objects in the isolated or joint use;

52) No. 88 is excluded according to the Order of the Minister of Agriculture of the Republic of Kazakhstan of 01.03.2019;

53) approves schemes of complex use and protection of waters of the respective pool, service regulations of water objects and water management constructions;

54) participates in development of water management balances on the respective pool;

55) approves offers on provision of water objects in the isolated and joint use and water use conditions in them;

56) is informed by the population on the carried-out work on rational use and protection of water fund, on the taken measures for improvement of condition and quality of waters;

57) interacts with local executive bodies of areas (the city of republican value, the capital) and other interested state bodies concerning use and protection of water fund, water supply and water disposal;

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

Seals up 59) and registers the metering devices of waters established on constructions or devices on fence or dumping of waters by the physical persons and legal entities performing the right of special water use;

60) is performed by assurance of tax statements on payment for use of water resources of superficial sources before submission to tax authority;

61) the analysis of the recommendations prepared by basin council, implementation of measures for their realization, bringing recommendations of basin council to the interested state bodies and water users will organize work of basin council, carrying out consultations with members of basin council on questions of use and protection of water fund in the territory of the basin;

62) develops plans of intake of water and water division for interregional, interregional, interstate water objects and control of their observance;

63) exercises the state control of use and protection of water fund, observance of the water legislation of the Republic of Kazakhstan by physical persons and legal entities;

64) exercises control of operating mode of water storage basins of joint use, large water storage basins of cross-industry, interregional and interstate value;

65) exercises control of observance by physical persons and legal entities of the established water servitudes when using the water objects provided in the isolated or joint use;

Shows 66) according to the procedure, the established legislation of the Republic of Kazakhstan, the requirement about the termination of financing, designing and construction of the water management and other objects influencing condition of the waters performed with violation of the established regulations and rules of use and protection of water fund, water supply and water disposal;

67) transfers materials about violation of the water legislation of the Republic of Kazakhstan to law enforcement agencies and court for involvement of guilty persons to responsibility according to the laws of the Republic of Kazakhstan;

68) makes claims for compensation of damage caused to the state in case of violation of the water legislation of the Republic of Kazakhstan in court;

69) will be organized by carrying out by specialized public institutions monitoring and assessment of meliorative condition of the irrigated lands;

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

72) exercises control of observance by owners of dikes of the requirements established by regulatory legal acts in the field of safety of dikes;

73) coordinates the project documentation on establishment of the water protection zones, strips and the mode of their economic use;

74) 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;

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

76) is approved by use of water objects and water management constructions for amateur and sports fishery;

77) registers the declaration of safety of dike;

78) participates in development of professional standards together with National chamber of entrepreneurs, branch associations of employers and branch associations of workers;

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

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

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

Develops 82) and approves single system of classification of quality of water in water objects; Develops 83) and approves in coordination with authorized body in the field of environmental protection the water quality standards for superficial water objects;

84) registers declarations of safety of dikes for assignment of registration codes;

85) 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;

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

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

88) is performed by international cooperation within the competence;

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

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

The committee performs other functions provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

15. Rights and obligations:

1) to enter relations with structural divisions of the Ministry 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 offers on all questions of the activities;

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

16. Obligation of Committee is compliance with law of the Republic of Kazakhstan, is right also the interests of physical persons and legal entities protected by the law, including:

1) ensuring availability of standards of the state services;

2) ensuring knowledge of consumers of the state services of procedure for rendering the state services;

3) 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;

4) 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;

5) consideration of claims and addresses of consumers of the state services.

Chapter 3. Organization of activities of Committee

17. The committee has the powers necessary for realization of its main objectives and functions according to legal acts, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan.

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

19. The committee is headed by the chairman appointed to position and dismissed by the order of the Minister of Agriculture of the Republic of Kazakhstan.

20. The chairman of Committee has deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

21. Powers of the chairman of Committee:

1) within the competence signs orders;

Represents 2) to management of 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, heads of the subordinated organizations and their deputies, except vice-chairmen of Committee;

Brings 4) representation to the Responsible secretary of the Ministry about appointment to positions and releases from positions, and also about encouragement and attraction to disciplinary responsibility of heads of territorial subdivisions and their deputies;

5) determines job responsibilities and powers of the deputies, employees of Committee, heads of territorial subdivisions and their deputies, and also heads of the subordinated organizations and their deputies;

6) within the competence takes the measures directed to anti-corruption in Committee and bears the personal responsibility for acceptance of anti-corruption measures;

Encourages 7) and imposes authority punishments on employees of Committee and heads of the subordinated organizations and their deputies, except vice-chairmen of Committee and heads of territorial subdivisions and their deputies;

8) in the procedure established by the legislation resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of employees of Committee, heads and their deputies of the subordinated organizations, except vice-chairmen of Committee;

9) resolves issues of sending, provision of leaves to heads and deputy managers of territorial subdivisions of Committee;

10) is assigned for the period of absence of the head of territorial subdivision of Committee by temporary execution of its obligations to the deputy manager or other employee of territorial subdivision of Committee;

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

12) approves structure and approves staff lists of the subordinated organizations of Committee;

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

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

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

Cancels 16) or stops completely or in part operation of acts of territorial subdivisions and subordinated organizations;

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

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

22. Vice-chairman of Committee:

1) coordinate activities of Committee within the powers;

2) in absence period of the chairman perform the common directorship of activities of Committee;

3) performs other functions according to the legislation of the Republic of Kazakhstan.

23. 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.

24. The decisions made by Committee are drawn up by orders of the chairman of Committee, and in case of absence - replacement his face.

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.

Chapter 4. Property of Committee

25. 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.

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

27. The committee independently does not alienate or otherwise does not dispose 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.

Chapter 5. Reorganization and liquidation of Committee

28. Reorganization and liquidation of Committee is performed according to the legislation of the Republic of Kazakhstan.

Appendix 1

to Regulations on Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan

The list of the territorial subdivisions which are under authority of Committee on water resources of the Ministry of Agriculture 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 Agriculture 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 Agriculture 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 Agriculture 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 Agriculture 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 Agriculture 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 Agriculture 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 Agriculture 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 Agriculture of the Republic of Kazakhstan".

Appendix 2

to Regulations on Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan

List of the subordinated organizations of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan

Chapter 1. Republican public institutions

1. Republican public institution "Zone gidrogeologo-meliorative center" of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

2. Republican public institution "Southern Kazakhstan gidrogeologo-meliorative expedition" of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

3. Republican public institution "Kyzylorda gidrogeologo-meliorative expedition" of Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

4. Republican public institution "Republican methodical center "Kazagromeliovodkhoz" of Committee on water resources of the Ministry of Agriculture 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 Agriculture 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 Agriculture of the Republic of Kazakhstan.

 

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