Unofficial translation
This Law regulates public relations related to the rational use of pastures and is aimed at preventing the processes of pasture degradation and improving the condition of pasture infrastructure.
Footnote. Preamble as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced sixty calendar days after the day of its first official publication).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 provided and used for year-round or seasonal grazing of farm animals. When grazing farm animals on pastures, haymaking is allowed for the purpose of preparing feed in cases where the productivity of pastures exceeds the need for feed of grazing farm animals, subject to the maximum permissible norms of load on the total area of pastures;
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;
12-1) public pastures - pastures located on the adjacent territory of settlements and owned by the state, intended to meet the needs of the local population for grazing the breeding stock of farm animals in their personal farmstead;
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.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).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 shall be determined based on their belonging to a particular category of land and the permitted use in accordance with the land, forest, water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of specially protected natural areas and protection, protection, restoration and use of flora.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 № 184-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).Article 3-1. State support for pasture users and associations of pasture users (simple partnerships, consortia)
State support for pasture users and associations of pasture users (simple partnerships, consortia) is carried out in accordance with the legislation of the Republic of Kazakhstan on state regulation of the development of the agro-industrial complex and rural areas.
Footnote. The Law is supplemented by Article 3-1 was supplemented in accordance with the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).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 for their intended purpose while maintaining the species composition of vegetation;
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.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 02.01.2023 № 184-VII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication); dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 5. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan develops the main state policy directions in the management, watering and use of pastures and organizes their implementation.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 6. Competence of the authorized body
The authorized body:
1) forms the main state policy directions in the management, watering and use of pastures and organizes their implementation.
2) develops and approves the rules for the rational use of pastures;
3) develops and approves methods for developing plans for the development and reconstruction of pasture infrastructure facilities and carrying out measures for watering pastures;
4) develops and approves the maximum permissible load norms for the total area of pastures;
4-1) develops and approves a standard plan for pasture management and use;
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) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication);8) organizes geobotanical survey and monitoring of pastures, research, prospecting and design work 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.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 7. Competence of the local executive body of the region
The competence of the local executive body of the region includes:
1) submission of semi-annual and annual reports to the authorized body on:
rational use of pastures;
carrying out activities to combat degradation and desertification of pastures;
carrying out measures to water pastures;
2) monitoring the implementation of plans for pasture management and their use;
3) collecting data on the feeding capacity of pastures and the condition of pasture infrastructure;
4) development and approval of plans for the development and reconstruction of pasture infrastructure facilities;
5) development and approval of action plans to combat degradation and desertification of pastures;
6) development and approval of action plans for watering pastures;
7) submitting a recommendation to the Government of the Republic of Kazakhstan on the provision of pastures located on the territory of one region for the use of another region;
8) provision of pastures, including distant pastures, located on the territory of one district (except for districts in cities), a city of regional significance, for use by another district (except for districts in cities), a city of regional significance;
9) exercise in the interests of local government administration other powers assigned to it by the legislation of the Republic of Kazakhstan.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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 the annual report of the local executive body of the district (except for districts in cities), city of regional significance on the progress of the Plan for pasture management and their use with the participation of representatives of local government bodies of the relevant 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.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).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 the implementation of the Pasture Management and Use Plan and submitting an annual report on the progress of its implementation to the local representative body of the district, city of regional significance;
3) development and approval of recommended pasture rotation schemes based on a geobotanical survey of pastures;
4) implementation of explanatory work among pasture users on the conduct of actions for the rational use of pastures;
4-1) assistance in creating associations of pasture users (simple partnerships, consortia);
4-2) implementation of plans for the development and reconstruction of pasture infrastructure facilities;
4-3) implementation of action plans to combat degradation and desertification of pastures;
4-4) implementation of action plans for watering pastures;
4-5) submission to the local executive body of the region of a recommendation to provide pastures, including distant pastures, located on the territory of one district (except for districts in cities), a city of regional significance, for use by another district (except for districts in cities), a city of regional significance ;
4-6) provision of pastures located on the territory of one city of regional significance, settlement, village, rural district, for use by another town of district significance, settlement, village, rural district;
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 the implementation of the Pasture Management and Use Plan and submit an annual report on the progress of its implementation to the local government body (local community meeting);
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 in the media distributed in the relevant territories the annual reports on the progress of the Plan for pasture management and their use;
6) inform the local executive body of the oblast about the degraded pastures;
6-1) implement plans for the development and reconstruction of pasture infrastructure facilities;
6-2) implement action plans to combat degradation and desertification of pastures;
6-3) implement action plans for watering pastures;
6-4) submit to the local executive body of the district (except for districts in cities), cities of regional significance, recommendations for the provision of pastures located on the territory of one town of district significance, settlement, village, rural district, for use by another town of district significance, settlement, village , rural district;
7) solve other issues assigned by the legislation of the Republic of Kazakhstan to their jurisdiction.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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 annual reports of akims of a town of district significance, settlement, village, rural district on the progress of the Plan for pasture management 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.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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. Plan for pasture management and their use
1. A plan for pasture management and their use is adopted for the purpose of rational use of pastures, sustainable provision of feed and prevention of pasture degradation processes.
When developing a Plan for pasture management and their use, the following are taken into account:
data from the region’s land balance and the information system of the state land cadastre;
information from geobotanical survey of pastures;
information about cattle burial grounds (biometric pits);
information about pasture infrastructure facilities and easements for the passage of farm animals;
data on the number of livestock numbers of farm animals obtained from the farm animal identification database, indicating their owners;
data on the number of herds, flocks, herds formed by species and age and sex groups of farm animals;
information on the number of livestock of farm animals for grazing on distant pastures;
data on the characteristics of grazing of farm animals on cultivated and arid pastures, lands of forest, water funds and specially protected natural areas;
recommended pasture rotation schemes;
other data provided by government agencies, individuals and (or) legal entities.
2. The plan for pasture management and use must contain:
1) a diagram (map) of the location of pastures on the territory of an administrative-territorial unit in terms of land categories, indicating the boundaries, areas and types of pastures, including distant pastures, seasonal, arid and cultivated ones, reflecting information about their owners or land users on the basis of legal and identification documents for the land plot;
2) a diagram (map) indicating pastures intended for the needs of the population for grazing agricultural animals of their personal farmstead, including public pastures;
3) a diagram (map) indicating recommended pasture rotation schemes;
4) a diagram (map) indicating easements for the passage of farm animals, cattle routes and other pasture infrastructure facilities, as well as cattle burial grounds (biometric pits);
5) a diagram (map) indicating pastures that can be provided for land use to pasture users;
6) a diagram (map) indicating pastures subject to reservation in order to meet the needs of the population for grazing farm animals of their personal farmstead;
7) a diagram of access to water sources (lakes, rivers, ponds, diggings, irrigation or water supply canals, tube wells or mine wells), compiled in accordance with the norm of water consumption;
8) scheme for placing the number of farm animals on distant pastures;
9) project distribution (redistribution) of pastures between rural settlements included in the rural district;
10) other requirements necessary for the rational use of pastures in the relevant administrative-territorial unit.
3. A plan for the management of pastures and their use is developed by the local executive body of the district (except for districts in cities), cities of regional significance together with the akims of the town of district significance, settlement, village, rural district and local government bodies on the basis of a standard plan for the management of pastures and their use.
4. The plan for pasture management and use is approved by the local representative body of the district or city of regional significance for five years.
5. Financing of work on the development of a plan for pasture management and use is carried out from budgetary funds and (or) other sources not prohibited by the legislation of the Republic of Kazakhstan.
6. The plan for pasture management and use is a regulatory legal act.
Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon the expiration of sixty calendar days after the day of its first official publication).Article 14. Conditions for the provision and use of pastures
Footnote. The title of Article 14 is as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).
1. The conditions for the provision and use of pastures for grazing farm animals of a personal farmstead, running a peasant or farm enterprise, and agricultural production are regulated by this Law and other regulatory legal acts of the Republic of Kazakhstan.
1-1. Pastures, including public pastures specified in subparagraph 2) of paragraph 2 of Article 13 of this Law, are not provided for private ownership and land use and are used only for the needs of the population for grazing farm animals of their personal farmstead.
1-2. Access to watering facilities, which are on the balance sheet of state legal entities and located on pastures intended for the needs of the population for grazing farm animals, including public pastures, is provided free of charge.
1-3. In order to meet the needs of the population for grazing farm animals of their personal farmstead, pastures are reserved in accordance with the Land Code of the Republic of Kazakhstan.
The basis for reserving pastures is the Plan for pasture management and their use.
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 case of absence of farm animals for grazing on pastures for one year (from the moment of initial identification of the fact of non-use) or their presence in an amount of less than fifty percent of the maximum permissible load on the total area of pastures established by the authorized body, and (or) absence of making hay for the purpose of preparing fodder, such pastures are subject to forced seizure in the manner prescribed 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.
Footnote. Article 14 as amended by the Law of the RK dated June 30, 2021 № 59-VII (shall enter into force on 01.01.2022); dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 15. Order of provision and use of pastures
1. Pastures located on the territory immediately adjacent to the borders (lines) of settlements, which are state-owned, are used to meet the needs of the population for grazing farm animals of their personal farmstead.
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 on the total area of pastures is exceeded, in order to increase the area of pastures intended for grazing farm animals of a private farmstead, forced alienation for state needs of previously provided pastures may be carried out in accordance with the land legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on state property.
3. The livestock of agricultural animals of individuals and (or) legal entities not provided with pastures within the boundaries (line) of a populated area is moved to other areas of pastures, including distant pastures, in accordance with the pasture management and use Plan.
4. The use of pastures intended for grazing farm animals of a personal farmstead, including distant pastures, is carried out in accordance with the pasture management and use Plan. A separate decision by the akims of a town of district significance, settlement, village, rural district and local executive body of the district, city of regional significance on the provision of pastures is not required.
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.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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. Distant pastures, with the exception of pastures specified in paragraph 4 of Article 15 of this Law, are provided to individuals and (or) legal entities in the manner established by Article 43-1 of the Land Code of the Republic of Kazakhstan.
The inclusion of distant pastures in the list of land plots put up for competition for granting the right of temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production is carried out taking into account the pasture management and use Plan.
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.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).Article 16-1. Measures to restore and improve the condition of pastures
1. Restoration and improvement of the condition of pastures is carried out based on the results of geobotanical survey and monitoring of pastures.
Restoration and improvement of the condition of pastures is also carried out during a land inventory.
2. Measures to restore and improve the condition of pastures include a support of the natural processes of maintaining soil fertility, creating new grass by sowing high-yielding varieties of perennial grasses and arid plants (crops), watering and other measures.
3. Monitoring of pastures is carried out in order to monitor the condition of pastures, changes occurring as a result of their use, assessment and forecast of their condition, identification and elimination of negative processes.
4. The implementation of measures to restore and improve the condition of pastures is ensured by the authorized body, local executive bodies and local self-government bodies, as well as pasture users.
5. Financing of measures to restore and improve the condition of pastures is carried out from budgetary funds and (or) other sources not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. The Law is supplemented by Article 16-1 was supplemented in accordance with the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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 17-1. Transitional provisions
A plan for pasture management and use is developed and approved within three months from the date of approval of a standard plan for pasture management and use.
Footnote. The Law is supplemented by Article 17-1 was supplemented in accordance with the Law of the Republic of Kazakhstan dated 27.02.2024 № 65-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).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.
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The President of the Republic of Kazakhstan |
N. NAZARBAYEV |
