On pastures

New Unofficial translation

The Law of the Republic of Kazakhstan dated 20 February 2017 № 47-IV LRK

      Unofficial translation
      This Law regulates public relations related to the rational use of pastures, and aimed at improving the condition of pastures and their infrastructure, preventing pasture degradation processes.

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) arid pastures - pastures located on desert and semi-desert territories with rarefied semi-shrubby, less often grassy vegetation;
      2) cultural pastures - pastures with highly productive fodder crops, based on a scientifically based system of agro-technical measures for creation of high-yielding herbage, care for them and rational use;
      3) pasture rotation - a system of periodic and consistent use of pasture and care for maintaining them in a productive state in accordance with the pasture management Plan and their use;
      4) pastures - land plots as part of agricultural lands, as well as land plots as part of other categories of lands, provided and used for year-round or seasonal grazing of farm animals;
      5) the authorized body in the field of management and use of pastures (hereinafter referred to as the authorized body) - is the central executive body that exercises leadership in the field of management and use of pastures;
      6) geo-botanical surveys of pastures - surveys conducted to determine the productivity of pastures, the structure and composition of the herbage, its habitats, the possibility of using pastures for grazing of various types of farm animals, the quality of grass and tree and shrub vegetation of pastures;
      7) the maximum permissible load norms for the total area of pastures – the differentiated load norms by types of farm animals per total area of pastures, by region in the context of types of pastures and natural climatic zones where grazing of farm animals can be carried out without damage to the botanical composition of pasture herbage and its productivity;
      8) pasture feeding capacity - productivity of pasture herbage for a unit of pasture area;
      9) watering of pastures - construction of shaft and tubular wells, reservoirs, water points and other facilities to provide drinking water for farm animals and drinking water supply for staff in pastures;
      10) radical improvement of pastures - creation of a new herbage by sowing high-yielding varieties of perennial grasses and arid plants (crops);
      11) pasture infrastructure facilities - structures, bridges, roads, waterworks (wells, tubular and shaft wells, pits), cattle driveways, cattle and watering areas, containers for sheep, sheep sheds and fenced areas, fences of pastures, hedges (including electric fences), stock-pens for rotational grazing of farm animals, fenced passageways for veterinary treatment of farm animals, structures and facilities designed to provide electric and thermal energy, facilities for the use of renewable and alternative energy sources, water supply facilities and other types of life support, facilities for seasonal residence of personnel and other property necessary for the maintenance and use of pastures;
      12) pasture user – an individual or legal entity who has the right to use pastures in accordance with this Law and other normative legal acts of the Republic of Kazakhstan;
      13) seasonal pastures - pastures, which are used for grazing of farm animals in favorable natural and climatic conditions in accordance with the seasons and (or) the frequency of their use;
      14) distant pastures - pastures, which are used for livestock breeding on pastures in remote areas from settlements.

Article 2. Legislation of the Republic of Kazakhstan on pastures

      1. Legislation of the Republic of Kazakhstan on pastures is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other normative legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided for in this Law, the rules of the international treaty shall apply.

Article 3. Legal regime of pastures

      The legal regime of pastures is determined on the basis of their belonging to a particular category of lands and the permitted procedure for use in accordance with the land, forest and water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of specially protected natural areas.

Article 4. Principles of legislation of the Republic of Kazakhstan on pastures

      Legislation of the Republic of Kazakhstan on pastures is based on the following principles:
      1) rational use of pastures;
      2) accessibility of pastures for individuals and legal entities;
      3) publicity in carrying out activities related to provision and use of pastures;
      4) participation of individuals and legal entities in management of pastures.

Article 5. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan:
      1) develops the main directions of the state policy in the field of management, watering and use of pastures and organizes their implementation;
      2) performs other functions entrusted to it by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 6. Competence of the authorized body

      The authorized body:
      1) implements the state policy in the field of management and use of pastures;
      2) develops and approves the rules for the rational use of pastures;
      3) develops and approves an action plan for watering of pastures;
      4) develops and approves the maximum permissible load norms for the total area of pastures;
      5) develops and approves a methodology for carrying out measures to combat degradation and desertification of pastures, including arid;
      6) submits proposals to the Government of the Republic of Kazakhstan for provision of distant pastures in the territory of one oblast for the long-term use to another oblast;
      7) collects data on pasture feeding capacity and the state of pasture infrastructure facilities;
      8) organizes scientific, research, design works for restoration, conservation, rational use and radical improvement of pastures;
      9) carries out international cooperation in the field of use and protection of pastures;
      10) exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 7. Competence of local executive body of oblast

      Competence of local executive body of the oblast includes:
      1) submission of semi-annual and annual reports to the authorized body on:
      rational use of pastures;
      the conduct of measures to combat degradation and desertification of pastures;
      pasture feeding capacity;
      the state of pasture infrastructure facilities;
      2) development and approval of plans for development and reconstruction of pasture infrastructure facilities;
      3) in the interests of local government management, implementation of other powers vested in it by the legislation of the Republic of Kazakhstan.

Article 8. Competence of local representative body of district, town of regional significance

      Competence of local representative body of the district, town of regional significance includes:
      1) approval of the pasture management Plan and their use;
      2) hearing of the annual report of the local executive body of the district (except for districts in the cities), town of regional significance on the results of implementation of the pasture management Plan and their use with the participation of representatives of local self-government bodies of the respective administrative-territorial unit;
      3) in accordance with the legislation of the Republic of Kazakhstan, fulfillment of other powers to ensure the rights and legitimate interests of citizens.

Article 9. Competence of local executive body of the district (except for districts in the cities), town of regional significance and akims of town of district significance, settlement, village, rural district

      1. Competence of local executive body of the district (except for districts in the cities), town of regional significance includes:
      1) development together with the akims of town of district significance, village, rural district and local self-government bodies, submission for approval of the pasture management Plan and their use to the local representative body of the district, town of regional significance;
      2) ensuring implementation of the pasture management Plan and their use and submitting the annual report on the results of its implementation to the local representative body of the district, town of regional significance;
      3) development and approval of a pasture rotation scheme based on a geo-botanical survey of pastures;
      4) implementation of explanatory work among pasture users on the conduct of actions for the rational use of pastures;
      5) in the interests of local self-government, implementation of other powers vested in it by the legislation of the Republic of Kazakhstan.
      2. Akims of town of district significance, settlement, village, rural district:
      1) ensure implementation of the pasture management Plan and their use and submit the annual report on the results of its implementation to the local self-government body (local community);
      2) carry out explanatory work among pasture users on the conduct of actions for the rational use of pastures;
      3) together with local self-government bodies, ensure compliance with the maximum permissible load norms for the total area of pastures;
      4) publish on their Internet resources a pasture management Plan and their use;
      5) publish annual reports on the results of the pasture management Plan and their use in the mass media distributed in the respective territories;
      6) inform the local executive body of the oblast about the degraded pastures;
      7) solve other issues assigned by the legislation of the Republic of Kazakhstan to their jurisdiction.

Article 10. Issues assigned to jurisdiction of local self-government bodies

      Local self-government bodies in accordance with the legislation of the Republic of Kazakhstan:
      1) participate jointly with the local executive body of the district (except for districts in cities), town of regional significance and akims of town of district significance, settlement, village, rural district in development of the pasture management Plan and their use;
      2) hear and discuss the annual reports of the akims of town of district significance, settlement, village, rural district on the results of the pasture management Plan and their use;
      3) participate in consideration of the issue on redistribution of pastures located within the territory of a town of district significance, a settlement, a village, a rural district;
      4) participate in implementation of the pasture management Plan and their use;
      5) submit proposals to the akims of town of district significance, settlement, village, rural district on the issues of granting and using pastures;
      6) interact with pasture users, pasture-user associations (simple partnerships, consortium) on management and use of pastures within the territory of a town of district significance, settlement, village, rural district.

Article 11. Rights and duties of pasture users

      1. Pasture user has the right:
      1) to participate in development of the pasture management Plan and their use;
      2) to participate in meetings and gatherings of the local community on the issues of granting and using pastures in accordance with the legislation of the Republic of Kazakhstan;
      3) to mow hay for the purpose of harvesting fodder in cases where the productivity of pastures exceeds the need for feed of the grazing farm animals, while observing the maximum permissible load norms for the total area of pastures;
      4) to exercise other rights provided for by this Law and other laws of the Republic of Kazakhstan.
      2. Pasture land user is obliged:
      1) to rationally use the pastures on their intended purpose in accordance with the conditions for provision of pastures;
      2) to comply with pasture rotation schemes;
      3) to comply with the legislation of the Republic of Kazakhstan in the field of veterinary and fire safety requirements;
      4) not to violate the rights of other pasture users;
      5) to perform other obligations stipulated by this Law and other laws of the Republic of Kazakhstan.

Article 12. Association of pasture users (simple partnership, consortium)

      1. To conduct joint activities when using pastures, the pasture users have the right to form an association of pasture users (a simple partnership, a consortium) on the basis of a joint activity agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan.
      2. Pasture users (participants in a simple partnership, consortium) may, by agreement, assign leadership and conduct of common affairs to one of the pasture users (participant in a simple partnership, consortium).
      3. To carry out joint activities, the pasture users - participants in a joint activity agreement make money contributions or other property, or, respectively, through a labor contribution. The procedure for using the common property of the pasture user association (simple partnership, consortium) is determined by the Civil Code of the Republic of Kazakhstan.
      4. Other issues related to the organization of the activities of the association of pasture users (simple partnership, consortium) are determined by the Civil Code of the Republic of Kazakhstan.

Article 13. Pasture management Plan and their use

      1. The pasture management Plan and their use are adopted for the rational use of pastures, sustainable provision of feed requirements and prevention of pasture degradation processes.
      When developing the pasture management Plan and their use, the traditions of grazing of farm animals in the respective territories of administrative-territorial units are taken into account.
      The pasture management plan and their use is a normative legal act approved for short-term (up to one year) and (or) long-term (up to two years) periods.
      2. The pasture management plan and their use should contain:
      1) the scheme (map) of location of pastures in the territory of the administrative-territorial unit in terms of land categories, landowners and land users on the basis of title documents;
      2) acceptable pasture rotation schemes;
      3) a map indicating the external and internal boundaries and areas of pastures, including seasonal, pasture infrastructure facilities;
      4) the scheme of access of pasture users to water sources (lakes, rivers, ponds, pits, irrigation or watering canals, tubular or shaft wells), compiled according to the norm of water consumption;
      5) the scheme for redistribution of pastures for placement of farm animals of individual and (or) legal entities that lack pastures, and moving them to the provided pastures;
      6) the scheme for placement of farm animals on distant pastures of individual and (or) legal entities that are not provided with pastures located in a town of regional significance, a settlement, a village, a rural district;
      7) a calendar schedule for the use of pastures, which establishes seasonal routes for grazing and movement of farm animals;
      8) other requirements necessary for the rational use of pastures at the relevant administrative-territorial unit.
      The pasture management Plan and their use is adopted taking into account:
      the information on the state of geo-botanical survey of pastures;
      information on veterinary and sanitary facilities;
      the data on the number of farm animals with indication of their owners - pasture users, individual and (or) legal entities;
      the data on the number of herds, flocks, herds formed by species and sex and age groups of farm animals;
      the information on formation of farm animals for grazing on distant pastures;
      features of grazing of farm animals on cultural and arid pastures;
      information on driveways for cattle running;
      other data provided by state bodies, individual and (or) legal entities.
      3. Relations on the use of pastures are regulated by the legislation of the Republic of Kazakhstan.

Article 14. Conditions for pasture provision

      1. Pastures are provided for maintenance of a personal farmstead, peasant household or farming, as well as for agricultural production in accordance with this Law and other normative legal acts of the Republic of Kazakhstan.
      2. When providing pastures in accordance with the pasture management Plan and their use, the following conditions should be taken into account:
      1) presence of farm animals;
      2) availability of pasture infrastructure facilities and their condition;
      3) productivity of the land plot.
      3. In the absence of farm animals in the pastures for grazing for two years or their presence in the amount of less than twenty percent of the maximum permissible load norm for the total area of pastures and (or) the absence of haying for the purpose of fodder harvesting, the land plots are subject to seizure in the manner provided for by the land legislation of the Republic of Kazakhstan.
      4. When determining the maximum permissible load norm for the total area of pastures, the small-scale (interspersed) pastures located within other agricultural lands are not taken into account.

Article 15. Order of provision and use of pastures

      1. Pastures located within the territory of settlements and rural areas that are in state ownership are provided to meet the needs of the local population for the maintenance of the breeding (milking) livestock.
      2. Grazing in pastures, specified in paragraph 1 of this article, of other farm animals is allowed only if the maximum permissible load norm on the total area of pastures is observed.
      If the maximum permissible load norms are exceeded, the pasture lands are provided within the town of the district significance, settlement, village, rural district according to the pasture management Plan and their use.
      3. The livestock of farm animals of individual and (or) legal entities not provided with pastures within the town of district significance, settlement, village, rural district, is moved to distant pastures according to the pasture management Plan and their use.
      4. Provision of pastures for maintenance of farm animals of the local population within the settlements is carried out by the decisions of the akims of a town of district significance, a settlement, a village, a rural district, and within a district, a town of regional significance - by the local executive body of the district (except for districts in the cities), a town of regional significance in accordance with the pasture management Plan and their use.
      5. Provision of pastures located in the territory of one town of district significance, settlement, village, rural district, for the use to another town of district significance, settlement, village, rural district is carried out by the local executive body of the district (except for districts in cities), town of district significance, upon the recommendation of akims of town of district significance, settlement, village, rural district, local self-government bodies.
      6. Provision of pastures located in the territory of one district (except for districts in cities), town of regional significance for the use to another district (except for districts in cities), to a town of regional significance is carried out by the local executive body of the oblast upon the recommendation of the local executive body of the district (except for districts in cities), town of regional significance.
      7. Provision of pastures located on the territory of one oblast, city of republican significance, the capital, for the use to another oblast is carried out by the Government of the Republic of Kazakhstan upon the recommendation of the local executive body of the oblast.

Article 16. Procedure for provision and use of distant pastures

      1. Provision of distant pastures located in the territory of one oblast for the long-term use to another oblast is carried out by the Government of the Republic of Kazakhstan upon the recommendation of the authorized body.
      2. Provision of distant pastures located in the territory of one district (except for districts in cities), town of regional significance for the long-term use to another district (except for districts in cities), town of regional significance is carried out by the local executive body of the oblast upon the recommendation of the local executive body of the district (except for districts in cities), town of regional significance.
      3. The pre-emptive right to provide distant pastures is available to individuals permanently residing on the territory of a settlement, or legal entities registered on the territory of a settlement located in close proximity to distant pastures at a distance determined by the pasture management Plan and their use, and individual and (or) legal entities, not provided with pastures within the town of district significance, settlement, village, rural district, farm animals of which move in accordance with paragraph 3 of Article 15 of this Law.
      4. Pasture users who conduct grazing of farm animals on distant pastures have the right to equal access to natural water bodies and waterworks constructed at the expense of budget funds.

Article 17. Liability for violation of the legislation of the Republic of Kazakhstan on pastures

      Violation of the legislation of the Republic of Kazakhstan on pastures entails responsibility in accordance with the laws of the Republic of Kazakhstan.

Article 18. Order of enactment of this Law

      1. This Law shall enter into force upon expiry of ten calendar days after the date of its first official publication.
      The President
of the Republic of Kazakhstan
N. NAZARBAYEV

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