7. Ecological legislation in Kazakhstan

Ministry of Environment Protection of the Republic of Kazakhstan – the central executive body for environment protection.

Its responsibilities includes:

• To develop and pursue national environmental policy, enforcing laws, and administrate State supervision and State ecological expertise.

• To oversee the country’s compliance with ratified international environmental conventions and inter-State environmental agreements.

• To control emissions and discharges of pollutants, issues permits of Category I to enterprises, and determine the maximum volumes and composition of pollutants.

The current environmental legislation includes strategic documents, laws and codes:

• The Constitution of the Republic of Kazakhstan – guarantees the right to the citizens of the state for healthy environment.

• Concept of Ecological Security of the Republic of Kazakhstan for 2004-2015 (CES, 2003) – the key strategic document for environment protection.

The CES defines the principles and priorities for ensuring environmental protection, including security of ecosystems and prevention of natural and industrial disasters.

The CES identifies the following major issues:

• Reducing anthropogenic activities that lead to climate change and destruction of ozone layer

• Preserving biodiversity and preventing desertification and soil degradation

• Rehabilitation zones of ecological disaster and military/space and test complexes

• Preventing pollution of the Caspian Sea

• Protecting water resources from pollution and reducing their use

• Remediating past pollution

• Reducing radioactive, biological and chemical pollution of the air, including transboundary air pollution

• Decreasing volumes of industrial and household waste

• Responding to situation from natural disasters

• Concept of Transition to Sustainable Development for the period 2007-2024 (CTSD, 2006) – the main framework for achieving SD in Kazakhstan.

Importance: Long-term view, quantitative targets and indicators for the measurement of its progress: life expectancy, income per capita and environmental safety.

The aim of the Concept:

- achieve the balance between economic, social and environmental goals without endangering the linger run competitiveness of the economy,

- establish a major target to bring Kazakhstan into the group of 50 most competitive countries of the world by 2012.

The weakness of the Concept:

The Concept does not provide the tools for an inter-sectoral approach, and the integration of the environment into areas such as energy, transport, and agriculture has not yet been achieved.

The priorities related to the environment:

• Combating poverty

• Preventing and reducing environmental threats to the health of the population

• Preserving biodiversity

• Combating desertification

• Reducing air emissions, including greenhouse gases and ozone depleting substances

• Increasing access to safe drinking water

• Resolving transboundary environmental issues

• Improving waste management

• Ensuring radiation and biochemical safety

• Ecological Code of RK (2007) – the basic nature protection law of Kazakhstan.

The main goal was to harmonize current environmental legislation with advanced international standards, thereby allowing transition to new standards and improving the system of State control.

Importance:

- contains oblifations from international environmental conventions.

- extends the validity of permits from one to three years

- introduces the notion of integrated permitting (but the integrated permitting system has only pilot status as major procedural aspects are still under development)

- based on best available techniques (BAT)

- based on a differentiated approach to regulation of large and small enterprises

- elevates the status of inspection and enforcement bodies

Ecological Code incorporates major national environmental legislation as well as requirements from most of the international environmental Conventions.

Components of Ecological Code:

• Permitting and multimedia permitting

• Ecological expertise and Environmental impact assessment

• Public ecological expertise

• Environmental audit

• Integrated permitting

• Other legislation has been aggregated into specific codes and laws:

Name	Date of adaptation
Forestry Code Water Code Land Code Law on Particularly Protected Natural Territories	2003 2003 2003 2007

Key terms:

Landscape zones of RK Erosion Contour plowing Desertification Desertification rate in RK 70% Red Data Book of RK: 400 species of plants and 309 species of animals Ministry of Environment Protection of RK Ecological Code of RK Concept of Ecological Security of RK Concept of Transition to Sustainable Development of RK

10 Zapovedniks: Almatinsky Alakolsky Aksu Jabagly Barsa Kelmes Kurgaldzhinsky Markakol West Altaisky Naurzum Usturtsky Karatausky

11 National parks: Altyn Emel Ile-Alatau Bayan Aul Karkaraly Kokshetau Burabay Katon-Karagay Charynsky Kolsay Lakes Sayram-Ugam Zhongar-Alatau

Questions for review:

1. What is the main landscape zone in Kazakhstan?

2. What are the major ecological problems in Kazakhstan?

3. Name the main factors of desertification in Kazakhstan.

4. What are the most polluted rivers in Kazakhstan? Name the main air pollutants?

5. How many endangered species are included in Red Data Book of Kazakhstan?

6. What is the primary body responsible for nature protection Kazakhstan?

7. Name some data about the Aral Sea changes from 1960 up to 2000.

8. Name the current environmental strategic documents and laws of RK.

Critical thinking:

1. Is artificial naturalness a desirable feature in parks and nature preserves? How much human intervention, do you think, is acceptable in trying to make nature more beautiful, safe, comfortable, or attractive to human visitors? Think of some specific examples that you would or would not accept.

2. Suppose that as park manager you know that building tourist facilities brings in needed funds to protect nature but at the same time more tourists destroy the natural values you want to protect. How do you balance these competing interests?

3. The National park territory currently organized was a place where local people lived for a long period of time, use its resources (forest, fishing, pasture, farming etc.). Now a restriction of economic and recreation activities of local people cause conflict of interests between them and National park workers. How to solve this problem?