Article 11. Nature Users

1. Nature users shall include individuals or legal entities, which permanently or temporarily stay in the Republic of Kazakhstan.

2. Nature users may be:

1) permanent (holders of perpetual nature use rights) or temporary (holders of nature use rights granted for a certain period of time);

2) initial (holders of nature use rights granted by the State or by other initial nature users by way of assignment or universal succession) and secondary (holders of temporary nature use rights granted under a contract with initial nature users reserving their status).

3. Nature users must comply with the requirements set forth in this Code and in other laws and regulations of the Republic of Kazakhstan.

Article 12. Grounds for the Creation, and Conditions for the Exercise, of a Special-Purpose Nature Use Right

1. A special-purpose nature use right shall be created on any of the following grounds:

1) licenses and/or permits to use or extract natural resources and to engage in particular environmental protection-related activities;

2) resolutions issued by the Government of the Republic of Kazakhstan or local executive agencies to allocate natural resources for use in accordance with laws of the Republic of Kazakhstan;

3) nature use agreements/contracts entered into in accordance with laws of the Republic of Kazakhstan.

2. A special-purpose nature use right may be created under any one, two, or all of the documents listed in paragraph 1 of this Article in accordance with laws of the Republic of Kazakhstan.

3. To exercise their special-purpose nature use right, a nature user, which produces environmental emissions, must first obtain an environmental permit.

4. Rights to use natural resources shall be granted to individuals and/or legal entities in accordance with laws of the Republic of Kazakhstan.

5. A holder of a special-purpose nature use right, whether individual or legal entity, may not assign such right, except as otherwise provided by laws of the Republic of Kazakhstan.

6. A special-purpose nature use right may be limited or terminated in accordance with laws of the Republic of Kazakhstan with a view to enforcing security of the State or protecting the environment.

Chapter 2. Rights and Obligations of Individuals, Public Associations, and Local Authorities

Article 13. Rights and Obligations of Individuals in Relation to Environmental Protection

1. Individuals shall have the right:

1) to environment which is favourable for their life and health;

2) to take measures as to the protection and improvement of the environment;

3) to create environmental protection public associations and funds;

4) to participate in decision-making by government agencies on environment-related matters in accordance with legislation of the Republic of Kazakhstan;

5) to participate in gatherings, meetings, picketing, processions, demonstrations and referenda in relation to environmental protection in accordance with legislation of the Republic of Kazakhstan;

6) to apply to government agencies with letters, complaints, requests and proposals as to environmental protection matters and to demand that the same be considered;

7) to request and obtain actual, complete and reliable environment-related information from government agencies and organisations;

8) to participate in discussions of draft laws on environmental protection at their drafting stage and make comments to the drafters;

9) to participate in the preparation of environment-related plans and programmes;

10) to request, and to participate in, a public environmental review;

11) to demand that decisions to place, construct, renovate and put into operation enterprises, structures, and other environmentally-hazardous facilities be reversed by administrative or judicial authorities, and that business or other activities of individuals or legal entities, if such activities adversely impact on the environment and human health, be restricted and suspended; and

12) to bring actions for damage caused to their health or property due to violations of the environmental legislation of the Republic of Kazakhstan.

2. Individuals shall:

1) protect the environment and handle natural resources sparingly;

2) facilitate measures as to sustainable natural resource use, environmental protection, and ensuring the environmental safety;

3) prevent any threats to the environmental safety, which may be attributable to their fault; and

4) in the course of their activities, comply with the environmental legislation of the Republic of Kazakhstan.

3. Individuals shall have other rights and bear other obligations as may be prescribed by laws of the Republic of Kazakhstan.