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Ecological Code.doc
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Article 174. Procedure for Declaring Individual Territories as Environmental Emergency Areas or Environmental Disaster Areas

1. A commission shall be established to examine the areas that are assumed to be environmental emergency areas or environmental disaster areas.

2. Local executive agencies and other government agencies shall have the right to establish a commission within their competence and on the basis of the requests made by:

1) residents of the area of an alleged environmental emergency or environmental disaster;

2) members of the Parliament of the Republic of Kazakhstan and other representative bodies; and

3) public associations.

3. A commission shall be comprised of members of local representative bodies, representatives of government agencies for environmental protection, education, science and research and engineering activities, healthcare, industry and trade, energy and mineral resources, agriculture, labour and social protection, natural and man-made emergency situations, local executive agencies of the relevant administrative division and other concerned individuals and legal entities.

4. A commission shall collect and review materials to determine:

1) environmental condition of the area;

2) causes of an unfavourable environmental situation;

3) boundaries of the area that was degraded to a certain extent;

4) damage and possible deterioration of an alleged unfavourable environmental situation;

5) required measures to eliminate an alleged unfavourable environmental situation;

6) required resources to eliminate an alleged unfavourable environmental situation in order to eliminate the factors, which have caused it;

7) types of business and other activities, which have caused an alleged unfavourable environmental situation.

5. If the available materials are not sufficient, a commission shall submit a proposal to a relevant government agency on the necessity of further investigation.

6. Any materials related to examination of the area and conclusions of the authorised government agencies for healthcare, science and research and engineering activities and education shall be forwarded to the environment protection authority for the purposes of the state environmental review.

7. A statement of opinion made by the state environmental review shall contain an opinion on whether or not the area should be recognised as an environmental emergency area or environmental disaster area.

8. On the basis of an affirmative statement of opinion made by the state environmental review conducted by the environment protection authority and the conclusions made by the authorised government agencies for healthcare, science and research and engineering activities and education, an area shall be declared:

1) environmental emergency area by a resolution of the Government of the Republic of Kazakhstan ;

2) environmental disaster area by a law of the Republic of Kazakhstan.

9. The laws and regulations named in paragraph 8 above shall specify the following:

1) boundaries of the environmental emergency areas or environmental disaster areas;

2) time period for which areas are declared as being environmental emergency areas or environmental disaster areas;

3) legal regime of an environmental emergency area or environmental disaster area;

4) measures to stabilise and reduce the degree of unfavourable environmental condition in the relevant area or a reference to the need for developing such measures; and

5) procedures for attributing the population to a category of citizens affected by an environmental emergency or environmental disaster and social protection measures.

10. Measures to restore natural resources, enhance the environment and provide medical aid to the population shall be developed and implemented on a case-by-case basis in accordance with national special-purpose programmes approved by the Government of the Republic of Kazakhstan.

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