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Ecological Code.doc
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Article 117. Rights of Officials in Charge of Government Environmental Control

1. Officials in charge of the government environmental control may:

1) interact with nature users, individuals and public associations;

2) have unrestricted access to the facilities, including military and defence facilities, in the procedures established by laws of the Republic of Kazakhstan;

3) enter the territory of individuals and legal entities with measuring devices and equipment in order to take samples and, if necessary, engage experts and public members, to make certain measures, take and analyse samples (including samples of goods and materials);

4) request for, and receive, documentation, results of analysis and other materials required for carrying out the government environmental control;

5) in the procedures established by laws of the Republic of Kazakhstan, initiate revocation of licenses and/or termination of an agreement (contract) for use and extraction of natural resources, and/or suspension and cancellation of environmental and other permits, in the event of violation by a nature user of the environmental standards and requirements resulting in significant damage to the environment and/or health of the population;

6) issue orders to individuals and legal entities to repair the violations of the environmental laws of the Republic of Kazakhstan;

7) bring actions to court seeking restriction on, suspension of, and bar to, the business and other activities carried out with the violation of laws of the Republic of Kazakhstan;

8) consider cases relating to administrative offences in the field of the environmental protection, deliver to respective agencies materials for bringing the offenders to administrative and criminal liability;

9) determine, or participate in the determination of, the amount of damage caused to the environment as a result of violation of the environmental laws of the Republic of Kazakhstan, issue orders for indemnification of damage, and bring actions to court;

10) apply to the prosecutor’s office and law-enforcement agencies for assistance in preventing and stopping the actions by offenders of the environmental laws of the Republic of Kazakhstan; and

11) to the extent it comes within their competence, submit to a competent authority proposals to terminate a subsoil contract, should a contractor refuse to remove the reasons resulting in the decision to suspend exploration, production, joint exploration and production, or construction and/or operation of underground facilities not related to the exploration and/or production; or in case of failure to remove such reasons within the time period sufficient for such removal; failure by nature users to take measures defined in the laws of the Republic of Kazakhstan; impossibility to remove the reasons resulting in suspension of subsoil operations; or material violation by a contractor of its obligations under a contract or work programme.

2. Officials in charge of the government environmental control shall, in cases provided for in the laws of the Republic of Kazakhstan, have the right to keep, carry and use special devices (special communication, photo, video, and measuring devices).

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