Unofficial translation
In accordance with sub-clause 55-41) of clause 3 of article 4 of the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping" I HEREBY ORDER:
1. To approve the attached Rules for granting a maritime port status.
2. The Transport Committee of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan in accordance with the procedure established by the law shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, direction of it in Kazakh and Russian languages to the Republican State Enterprise on the right of economic management “Institute of Legislation and Legal Information of the Republic of Kazakhstan” of the Ministry of Justice of the Republic of Kazakhstan for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;
3) Posting this order on the Internet resource of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan.
3. Control over execution of this order shall be entrusted to the supervising vice-minister of Industry and Infrastructural Development of the Republic of Kazakhstan.
4. This order shall come into force upon expiry of ten calendar days from the date of its official publication.
| Minister R. | Sklyar |
| Approved by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated June 17, 2019 no. 400 |
Rules for granting a maritime port status
Chapter 1. General provisions
1. These Rules for granting a maritime port status (hereinafter referred to as the Rules) have been developed in accordance with sub-clause 55-41) of clause 3 of article 4 of the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping" (hereinafter referred to as the Law) and shall determine the procedure for granting the status of a maritime port.
2. A maritime port status shall be granted to the objects of transport infrastructure in the field of merchant shipping, activity and purpose of which is connected with the provision of services of a maritime port (hereinafter referred to as the object of transport infrastructure).
3. Granting the status of a maritime port shall be carried out in order to regulate the activities of the existing and emerging transport infrastructure in the field of merchant shipping on the Kazakhstan coast of the Caspian Sea, which provides services for the processing of ships, transshipment of cargoes and boarding (deboarding) of passengers, as well as the systematization of accounting for seaports to further improve the level of security vessels sailing in the water area of these maritime objects.
4. Maritime ports are public facilities and are divided into commercial and specialized (fish, oil and other).
5. The territory of a maritime port includes land, land and water of a maritime port provided by in accordance with the Land code of the Republic of Kazakhstan.
6. The set of sea terminals shall be combined into one maritime port according to the territorial principle.
7. The functioning of a maritime port for the purposes of maritime transport shall be carried out from the moment a decision is made by the central executive body responsible for the management of merchant shipping, as well as within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination (hereinafter referred to as the authorized body) on granting the status of a maritime port.
Chapter 2. Procedure for granting a maritime port status
8. The status of a maritime port shall be granted by the authorized body.
9. To make a decision on granting a status of a maritime port to a particular transport infrastructure object, the authorized body shall send a request to the owner of this object about the need to enter information and copies of the following documents:
1) location, main technical characteristics of the a of maritime port facility, including its capabilities for loading and unloading goods, boarding and disembarking passengers, rendering services intended for navigation, availability of access roads, navigation period, presence of other infrastructure objects owned by other persons;
2) list of services, provided by the facilities of a maritime port;
3) decisions of local executive bodies on the allocation of land plots;
4) Facility Commissioning Certificate;
5) legal address of the object of a maritime port.
10. The granting of the status of a maritime port shall also be carried out if the owner of the transport infrastructure object makes the documents and information to the authorized body in accordance with clause 9 of these Rules in the initiative order.
11. The decision on granting the status of a maritime port shall be made in the form of an order of the authorized body within 30 (thirty) calendar days from the date of receipt of documents and information from the owner of the transport infrastructure object in accordance with clause 9 of these Rules.
12. After making a decision on granting the status of a maritime port, the authorized body shall enter the relevant information into the register of maritime ports of the Republic of Kazakhstan in the form in accordance with the annex to these Rules.
The register of maritime ports shall be posted by the authorized body on its Internet resource: www.miid.gov.kz.
13. A copy of the order on granting the status of a maritime port shall be sent to the local executive body for determination of the border of a maritime port, including the aquatic area of a maritime port.
| Annex to the Rules for granting a maritime port status |
|
| Form |
Register of maritime ports of the Republic of Kazakhstan
1. | Name of a maritime port | |
2. | Ordinal registration number | |
3. | Location of a maritime port | |
4. | Date and number of the order on granting the maritime port status | |
5. | Main technical characteristics of a maritime port | |
5.1. | The area of the territory of a maritime port (hectare): | |
5.2. | The area of the aquatic area of a maritime port (square meter): | |
5.3. | Number of berthing facilities: | |
5.4. | Length of berthing front of a maritime port (linear meter): | |
5.5. | The capacity of cargo terminals in total (thousand tons per year): | |
including: | ||
bulk (thousand tons per year): | ||
dry (thousand tons per year): | ||
containers (thousand units in twenty-foot equivalent per year): | ||
5.6. | Passenger terminal capacity (passengers per year) | |
5.7. | Maximum dimensions of vessels calling at the port (draft, length, width) (meter): | |
5.8. | Area of covered warehouses (thousand square meters) | |
5.9. | The area of open warehouses (thousand square meters) | |
5.10. | Tanks for storing oil, oil products, chemicals, food bulk cargo, grain cargo (thousand tons) | |
6. | Navigation period of the maritime port | |
7. | Postal address | |
8. | List of operators of maritime terminals, as well as services provided by operators of maritime terminals: |
