Is it possible to cut the trees without permission of the competent authorities and what punishment faces those who violate the legislation in the field of environmental protection.
We will talk about that in the material.
Trees are cut down in the following cases:
To obtain permission to cut the trees, you must submit an application through the e-government portal www.gov.kz, www.elicense.kz.
1) when ensuring conditions for carrying out construction activities, construction and installation works envisaged by the approved and agreed urban planning documentation: an application in the form of an electronic document signed by the service recipient's digital signature, according to the form in Appendix 2 to these Rules; an electronic copy of the title document for the land plot (if not registered in the state database "Real Estate Register"); a conclusion of a comprehensive non-departmental examination (a conclusion of the state environmental examination) (information form); inventory materials and forest pathology survey of green spaces growing on the site of the facility indicating existing trees, their species and quantitative composition, and their condition; a plan for compensatory tree planting; a letter of guarantee for compensatory tree planting indicating the date of completion of planting of seedlings; an agreement with an organization (specialized) for compensatory landscaping.
2) when servicing engineering improvement facilities, reconstruction and installation of utility networks, underground and overground communications: an application in the form of an electronic document signed by the service recipient's digital signature, according to the form in Appendix 2 to these Rules; a conclusion of a comprehensive non-departmental examination (a conclusion of the state environmental examination); inventory and forest pathology survey materials of green spaces growing on the construction (reconstruction) site indicating existing trees, their species and quantitative composition, and their condition; a compensatory planting plan; a letter of guarantee for a compensatory planting indicating the date of completion of planting of seedlings; an agreement with an organization (specialized) for compensatory landscaping.
3) when improving the territory of existing facilities and bringing them to an aesthetic appearance, the need to improve the quality and species composition of green spaces: an application in the form of an electronic document signed by the service recipient's digital signature, according to the form in Appendix 2 to these Rules; An electronic copy of the title deed for the land plot (if not registered in the state database "Real Estate Register"); materials of the inventory and forest pathology survey of green spaces growing on the territory of the facility, indicating the existing trees, species and quantitative composition, and their condition; a plan for compensatory tree planting; a letter of guarantee for compensatory planting indicating the date of completion of planting of seedlings; an agreement with an organization (specialized) for compensatory landscaping.
4) when trees and shrubs grow on public lands: an application in the form of an electronic document signed with the service recipient's digital signature, according to the form in Appendix 2 to these Rules; a plan for compensatory tree planting; a letter of guarantee for compensatory planting, indicating the date of completion of planting of seedlings.
Details of identity documents; on state registration (re-registration) of a legal entity; on state registration of an individual entrepreneur; information about the license, about the license fee; provided to the service provider from information systems through the "electronic government" gateway. The service recipient agrees to the use of information constituting a secret protected by law, contained in information systems. The service recipient is sent a status on the acceptance of the application for the provision of a public service in the "personal account" indicating the date and time of receipt of the result of the public service.
When obtaining permission to cut down trees, individuals and legal entities shall provide a letter of guarantee for compensatory planting in place of the cut down trees, in the form according to Appendix 3 to these Model Rules.
Compensatory plantings shall be made at the expense of individuals and (or) legal entities in whose interests the removal (cutting down) of green spaces was carried out or through whose fault the damage or death of these plantings occurred. Individuals and (or) legal entities in whose interests the removal (cutting down) of green spaces was carried out or through whose fault the damage or death of these plantings occurred shall ensure the care of compensatory plantings: for trees and shrubs: conifers - for three years, deciduous species - for two years; herbaceous plants - during the vegetation season of one year.
When eliminating emergency and emergency situations, including at improvement sites with engineering infrastructure, forced felling of trees is carried out without the consent of the authorized body in the following cases: falling trees, as well as their branches, pose a threat to human life and health, damage to buildings and structures, engineering communications and networks; obstacles to road safety, including those blocking the visual view of road signs, in cases where the road sign cannot be moved.
The fact of forced felling of trees is established by an inspection report of emergency rescue services, with subsequent notification of the authorized body within three working days from the moment of forced felling. Sanitary pruning of trees on public lands is carried out by landscaping organizations servicing this land plot upon written consent of the authorized body.
For violation of the rules for the maintenance and protection of the green spaces and illegal felling, destruction or damage of the trees and shrubs, administrative liability is provided, in accordance with Articles 381-1 and 386 of the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses"
Administrative responsibility
For the illegal felling, destruction or damage of the trees and shrubs that are not included in the forest fund and are prohibited from the felling, causing a damage of up to 50 monthly calculation indices (MCI), is subject to the penalty charged on:
For violation of the rules for the maintenance and protection of the green spaces established by the local representative bodies of the regions, cities of republican significance and the capital city it is provided for penalty charged on: