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Article 193. International Treaties

1. International treaties shall serve as a legal form of the intergovernmental cooperation in the field of environmental protection and nature use.

2. The procedures for concluding, executing, amending and terminating international treaties in the field of environmental protection and nature use shall be governed by the legislation of the Republic of Kazakhstan on international treaties.

3. The implementation of international treaties in the field of environmental protection may assume the following:

1) development and approval of a plan of measures to secure execution of such measures;

2) determination of a government agency responsible for the execution of an international treaty in the field of environmental protection; and

3) carrying out of on-going efficiency review of the participation of the Republic of Kazakhstan in international treaties in the field of environmental protection and nature use.

SPECIAL PART

Section 8. Environmental Requirements Applicable to the Performance of Business and Other Activities

Chapter 28. General Provisions Concerning Environmental Requirements

Article 194. Environmental Requirements Applicable to Business and Other Activities and Types Thereof

1. Environmental requirements shall be established for business and other activities performed in the Republic of Kazakhstan.

2. Environmental requirements shall be subdivided into the following types:

1) general environmental requirements applicable to business and other activities;

2) environmental requirements applicable to the use of natural resources;

3) environmental requirements applicable to specially protected natural areas;

4) environmental requirements applicable to business and other activities in the national area of outstanding natural beauty in the northern part of the Caspian Sea;

5) environmental requirements applicable to use of radioactive materials and nuclear energy and provision of radiation safety;

6) environmental requirements applicable to the production and use of potentially hazardous chemical and biological substances and genetically modified products and organisms;

7) environmental requirements applicable to the industrial and consumption waste management; and

8) environmental requirements applicable to military and defence facilities and military activities.

3. The environmental legislation of the Republic of Kazakhstan may establish other types of environmental requirements.

Article 195. Procedures Governing the Development and Approval of Environmental Requirements

1. Environmental requirements shall be established by this Code and other laws and regulations of the Republic of Kazakhstan and may be adopted in the form of individual documents or sections in regulations governing the performance of corresponding types of business and other activities.

2. In developing environmental requirements, the environment protection authority may invite specialised scientific research institutes, engineering institutions and other organisations, as well as nature users.

3. Environmental requirements applicable to the use of land, subsoil and mineral resources, groundwater and surface water, forests and other plant resources and animal resources shall be established by agreement with the central land management authority, authorised government agencies for subsoil study and use, water resources use and protection, forestry, production, reproduction and use of animals and the government agency for sanitary and epidemiological safety of population, respectively.

4. Environmental requirements applicable to specially protected natural areas shall be established by agreement with the authorised government agency for specially protected natural areas.

5. Environmental requirements applicable to the design and location of enterprises, structures and other facilities while constructing, upgrading, commissioning and operating such facilities and building cities and other inhabited centres, the use of radioactive materials, production and use of potentially hazardous chemical and biological substances and genetically modified products and organisms, industrial and consumption waste management, military and defence facilities, and military activities shall be established by this Code and other laws of the Republic of Kazakhstan.

Article 196. Environmental Requirements and Commitments upon Privatisation of State-owned Assets

1. When privatising state-owned assets, the government agency in charge of privatisation shall ensure compliance with environmental requirements.

2. Privatisation of enterprises and other facilities shall be accomplished based on the results of environmental audit to be envisaged by the privatisation plan of enterprise and any other facility, and jointly with the environment protection authority.

Article 197. Environmental Requirements upon Bankruptcy, Re-organisation, and Liquidation of Legal Entities, being Nature Users, Which is Engaged in Environmentally Hazardous Types of Business and Other Activities

1. When instituting bankruptcy proceedings against a legal entity, being a nature user, which is engaged in environmentally hazardous types of business and other activities, a mandatory environmental audit shall be carried out.

During the bankruptcy proceedings against a nature user, which is legal entity, the results of the mandatory environmental audit must be taken into account.

2. Reorganisation of a legal entity, being a nature user, which is engaged in environmentally hazardous types of business and other activities, shall be completed ion accordance with the results of the mandatory environmental audit and such results shall be reflected in the divisional balance sheet (in case of re-organisation by way of split-up or spin-off) and transfer balance sheet (in case of re-organisation by way of consolidation).

3. When a legal entity, being a nature user, which is engaged in environmentally hazardous types of business and other activities, is liquidated, an unscheduled environmental inspection shall be carried out and its results must be reflected in the liquidation balance sheet.

Chapter 29. General Environmental Requirements Applicable to Business and Other Activities

Article 198. Environmental Requirements Applicable to Project Design of Commercial and Other Facilities

1. When developing project design of buildings and facilities, industrial and agricultural, water supply, sanitation, and water development facilities, transport and communication structures, technological processes, goods and equipment, and other facilities, there shall be taken into consideration:

1) compliance with environmental quality standards;

2) hazardous waste neutralisation and recycling;

3) application of low-waste and non-waste technologies;

4) taking efficient measures to prevent environmental pollution; and

5) natural resource reproduction and conservation.

2. There shall be prohibited to fund and implement projects that have no affirmative statement of opinions of government environmental and sanitary-epidemiological reviews.

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