Unofficial translation
In accordance with paragraph 3 of Article 105 of the Water Code of the Republic of Kazakhstan dated July 9, 2003, I HEREBY ORDER:
1. To approve:
1) The Rules for classifying water bodies as navigable, in accordance with Annex1 to this Order;
2) The list of navigable waterways, in accordance with Annex 2 to this Order.
2. To recognize as terminated the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 2, 2015, No. 19-2/510 “On approval of the Rules for classifying water bodies as navigable and the list of navigable waterways used for navigation, takeoff (landing) of aircraft, and the rules for their operation” (registered in the Register of State Registration of Regulatory Legal Acts under No. 11862, published on September 10, 2015, in "Adilet" Legal information system).
3. The Transport Committee of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:
1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this Order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. Control over the implementation of this Order shall be assigned to the supervising Vice-Minister of industry and infrastructure development of the Republic of Kazakhstan.
5. This Order shall come into effect upon the expiration of ten calendar days after the day of its first official publication.
| Acting Minister | K. Uskenbaev |
“AGREED”
Ministry of Ecology, Geology and
Natural Resources of the Republic of Kazakhstan
| Annex 1 to the Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated January 31, 2020, No. 37 |
Rules for classifying water bodies as navigable
Chapter 1. General Provisions
1. These Rules for classifying water bodies as navigable (hereinafter referred to as the Rules) have been developed in accordance with paragraph 3 of Article 105 of the Water Code of the Republics and Kazakhstan dated July 9, 2003, and shall determine the procedure for classifying water bodies as navigable.
2 The following basic concepts shall be used in these Rules:
1) authorized body - a state body exercising leadership in the field of domestic water transport, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, cross-sectoral coordination;
2) authorized body in the field of environmental protection - a central executive body exercising management and cross-sectoral coordination in the field of environmental protection and nature management, as well as in the use and protection of water resources, water supply, water disposal, protection, reproduction and use of wildlife and specially protected natural areas;
3) domestic waterways of the Republic of Kazakhstan - natural or artificially created communication routes, possible for use for navigation;
4) navigable waterways - domestic waterways open for navigation and included into the list of navigable waterways used for navigation.
Chapter 2. The procedure for classifying water bodies as navigable
3. The classifying water bodies to the category of navigable shall be carried out by the authorized body based on the results of an analysis of the feasibility of classifying water bodies to the category of navigable and the inclusion of water bodies or their sections (indicating the boundaries) in the list of navigable waterways.
4. The analysis shall be carried out by the authorized body and shall include:
1) the expected traffic volumes, the estimated routes of freight traffic and the planned number of transport (passenger) fleet for organizing the transportation process;
2) a schematic plan, hydrological characteristics and features of the operation of a water body proposed to be classified as navigable;
3) proposals for ensuring the safety of navigation of a water body proposed for classification as navigable and the need for financial resources for its maintenance in the short term (three years).
5. Proposals for classifying water bodies as navigable shall be coordinated with the authorized body in the field of environmental protection.
6. Based on the results of the analysis and agreement with the authorized body in the field of environmental protection, water bodies or their sections shall be included in the list of navigable waterways.
| Annex 2 to the Order of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan dated January 31, 2020 No. 37 |
The list of navigable waterways
1. Lake Balkash.
2. The Esil river from the dam of the Petropavlovsk reservoir to the village of Priishimka in the North Kazakhstan region.
3. The section of the Esil River within the administrative-territorial border of the city of Nur-Sultan.
4. The Zhaiyk - Caspian Channel.
5. The section of the Kigash River (the river branch of the Volga River) on the territory of the Republic of Kazakhstan.
6. The Black Ertis river (from the border with the People's Republic of China) Lake Zaisan - the Ertis river with Bukhtarma, Ust-Kamenogorsk and Shulbinsk reservoirs (to the border with the Russian Federation).
7. The section on the Zhaiyk River from the border with the Russian Federation to its mouth.
8. The Syrdarya river near the city of Kyzylorda and ferry crossings.
9. The Ili River with the Kapshagai reservoir within the limits from the border of the People's Republic of China to the dam of the Kapshagai hydroelectric power station.
