- •Article 2. Environmental Legislation of the Republic of Kazakhstan
- •Article 3. Relationship Regulated by this Code
- •Article 4. Environmental Basis for Sustainable Development of the Republic of Kazakhstan
- •Article 5. Fundamental Principles of the Environmental Legislation of the Republic of Kazakhstan
- •Article 6. Fundamental Provisions of the Government Regulation of Environmental Protection and Government Administration of Natural Resource Use
- •Article 11. Nature Users
- •Article 12. Grounds for the Creation, and Conditions for the Exercise, of a Special-Purpose Nature Use Right
- •Article 14. Rights and Obligations of Public Associations in Relation to Environmental Protection
- •Article 15. Powers of Local Authorities in Relation to Environmental Protection and Nature Use
- •Article 17. Competence of the Environment Protection Authority
- •Article 18. Competence of Special Authorised Government Agencies
- •Article 19. Competence of Local Representative b odies of Oblasts (of the City of National Significance, and of the Capital) for Environmental Protection
- •Article 20. Competence of Local Executive Agencies of Oblasts (of the City of National Significance, and of the Capital) for Environmental Protection
- •Article 24. Environmental q uality g oals
- •Article 23. Emission Standards
- •Article 28. Procedure for Emission Standards Determination
- •Article 37. Stages of Environmental Impact Assessment
- •Article 38. Procedure for Performance of Environmental Impact Assessment
- •Article 39. Types of impacts to be Accounted in the Context of Environmental Impact Assessment
- •Article 40. Classification of Objects of Environmental Impact Assessment According to Significance and Completeness of Assessment
- •Article 41. Documentation of Environmental Impact Assessment
- •Article 52. Rights of Managers of Expert Divisions Performing State Environmental Review
- •Article 53. An Expert Involved in the State Environmental Review
- •Article 57. Transparency of State Environmental Review and Public Access to Decision Making
- •Article 62. Experts Involved in Public Environmental Review
- •Article 63. Rights and obligations of a Customer of Project under Public Environmental Review
- •Article 66. Report on Public Environmental Review
- •Article 67. Use of Results of Public Environmental Review
- •Article 72. Documents to be Presented to Obtain Emission Permit
- •Article 73. Terms of Nature Use to be Included in Emission Permits
- •Article 74. Term for Application for, Consideration and Issue of, Permit for Emissions
- •Article 75. Basis for Issue of Emission Permits
- •Article 81. Types of, and Basis for, Environmental Audit
- •Article 82. Environmental Audit
- •Article 83. Decision on Mandatory Environmental Audit
- •Article 86. Procedure for Consideration of Mandatory Environmental Audit Report
- •Article 92. Restrictions on Conduct of Environmental Audits
- •Article 93. Rights and Obligations of an Audited Entity
- •Article 109. Direct Method of Economic Evaluation of Damage
- •Article 112. Agencies Exercising Government c ontrol in the Field of Environmental Protection, and Protection, Reproduction and Use of Mineral Resources
- •Article 115. Organisation of Government Environmental Control
- •Article 116. Officials in Charge of Government Environmental Control
- •Article 117. Rights of Officials in Charge of Government Environmental Control
- •Article 118. Obligations of Officials in Charge of Government Environmental Control
- •Article 120. Frequency and Timing of Environmental Inspections
- •Article 121. Procedure for Conducting of Environmental Inspections
- •Article 122. Access of Government Environmental Inspectors to Territory or Premises to Conduct an Environmental Inspection
- •Article 123. Results of Environmental Inspection
- •Article 124. Procedure for Documenting Environmental Inspection Results
- •Article 125. Support Instruments for Environmental Inspection
- •Article 129. Procedure for Production Environmental Control
- •Article 130. Nature User’s Rights and Obligations during the Conduct of Production Environmental Control
- •Article 131. Drafting Requirements for Production Environmental Control Programme
- •Article 132. Types and Organisation of Production Monitoring
- •Article 139. Unified Information System of the Unified Environmental and Natural Resource Monitoring System
- •Article 142. Natural Resource Monitoring
- •Article 143. Special Types of Monitoring
- •Article 144. Levels and Monitoring Networks of the Unified Environmental and Natural Resource Monitoring System
- •Article 145. Basis for Functioning of the Unified Environmental and Natural Resource Monitoring System
- •Article 146. Funding of the Unified Environmental and Natural Resource Monitoring System
- •Article 150. Structure and Content of the Unified System of Registers
- •Article 151. Provision of Information
- •Article 157. Contents of the State Registry of Burial
- •Article 158. Maintenance of the State Registry of Burial
- •Article 160. Compilation and Distribution of Environmental Information by Government Agencies and Other Legal Entities
- •Article 161. State Environmental Information Fund
- •Article 164. Rights and Obligations of the Parties with Regard to Access to Environmental Information
- •Article 165. Terms and Procedures for the Provision of Environmental Information
- •Article 174. Procedure for Declaring Individual Territories as Environmental Emergency Areas or Environmental Disaster Areas
- •Article 175. Assessment of Environmental Situation of Areas
- •Article 182. Frameworks of Environmental Education, Awareness-Building and Advanced Training of Specialists
- •Article 183. Environmental Education in Educational Institutions
- •Article 184. State Support of Environmental Education and Awareness-Building
- •Article 186. Main Areas of Focus of Environmental Researches
- •Article 189. Principles of International Cooperation
- •Article 190. Economic Basis of International Cooperation
- •Article 193. International Treaties
- •Article 195. Procedures Governing the Development and Approval of Environmental Requirements
- •Article 199. General Environmental Requirements and Nature Users’ Responsibility upon Commissioning and Operating Commercial and Other Facilities
- •Article 203. Environmental Requirements Applicable to Operation of Industrial, Energy, Transport and Communication, Agricultural and Soil Improvement Facilities
- •Article 214. Environmental Requirements Applicable upon Zoning and Use of Land of Water Fund
- •Article 215. Environmental Requirements Applicable upon Zoning and Use of Land of Reserve Fund
- •Article 216. Environmental Requirements for Optimal Land Use
- •Article 217. Environmental Requirements Applicable to Use of Land
- •Article 220. Environmental Requirements Applicable to Nature Use Operations
- •Article 221. Environmental Requirements Applicable to Exploration and/or Extraction of Groundwater
- •Article 222. Environmental Requirements Applicable to Design, Laying and Operation of Underground Cables and Pipelines
- •Article 225. Environmental Requirements Applicable upon Waste Water Discharge
- •Article 228. Environmental Requirements Applicable upon Organisation of Forestry in Areas of the State Forest Reserves
- •Article 229. Environmental Requirements Applicable upon Forest Reproduction and Forest Growing
- •Article 230. Environmental Requirements Applicable upon Stocking, Treatment, Storage, Transportation, Sale and Use of Wood Seeds and Planting Materials for Forest Reproduction and Growing
- •Article 245. Environmental Requirements Applicable upon Regulation of the Number of Animals
- •Article 246. Environmental Requirements Applicable upon Keeping Game Husbandry and Fishery
- •Article 250. Protection and Reproduction of Rare and Endangered Animals Living in the Wild
- •Article 251. Use of Rare and Endangered Animal Species Living in the Wild
- •Article 252. Keeping and Breeding in Captivity or Semi-captivity of Rare and Endangered Animal Species
- •Article 258. Environmental Requirements Applicable upon Conduct of Business and any Other Activities in the Water Conservation Area
- •Article 261. Environmental Requirements Applicable upon Conduct of Business and Other Activities within the Area of Impact of Tidal Fluctuations of the Sea Level
- •Article 262. General Environmental Requirements Applicable upon Conduct of Business and Other Activities within the National Nature Reserve in the Northern Part of the Caspian Sea
- •Article 263. Environmental Requirements Applicable upon Conduct of Geophysical Works
- •Article 264. Environmental Requirements Applicable upon Offshore Exploration and Production
- •Article 265. Environmental Requirements Applicable upon Design and Construction of Oil And Gas Pipelines
- •Article 266. Environmental Requirements Applicable to Coastal Supply Bases and Coastal Infrastructure Facilities
- •Article 267. Environmental Requirements Applicable to Navigation
- •Article 268. Environmental Requirements Applicable upon Mothballing and Liquidation of Oil Facilities
- •Article 269. Monitoring of the Environment of the National Nature Reserve in the Northern Part of the Caspian Sea
- •Article 271. Environmental Requirements Applicable upon Use of Radioactive Materials
- •Article 272. Environmental Requirements Applicable upon Storage and Burial of Radioactive Materials and Waste
- •Article 273. Environmental Requirements Applicable upon Transportation of Radioactive Materials and Waste
- •Article 274. Environmental Requirements Applicable upon Installation and Operation of Nuclear Plants and Facilities Intended for Handling Radioactive Waste
- •Article 277. Requirements Applicable to Radiation Control of Scrap Metal
- •Article 282. Engaging in Gene Engineering Activities
- •Article 284. Abandoned Waste
- •Article 288. General Environmental Requirements Applicable upon Treatment of Industrial and Consumption Waste
- •Article 289. Hazardous Waste Profile Sheet
- •Article 290. Environmental Requirements Applicable upon Planning of Activities Related to Waste Treatment
- •Article 291. Environmental Requirements Applicable upon Construction and Operation of Enterprises, Buildings, Premises, Facilities and other Objects Associated with Waste Handling
- •Article 292. Environmental Requirements Applicable upon Handling Municipal Waste
- •Article 293. Environmental Requirements Applicable upon Handling Hazardous Waste
- •Article 294. Environmental Requirements Applicable upon Transportation of Hazardous Waste
- •Article 295. Transboundary Movement of Waste
- •Article 296. Waste Accounting
- •Article 297. Stimulating Measures Aimed at Waste Recycling and Reduction of Waste
- •Article 301. Waste Unsuitable for Landfills
- •Article 302. Solid and Slurry Industrial Waste which may not be Deposited at Landfills Designated for Solid Consumption Waste
- •Article 303. General Requirements Applicable to Hazardous Waste Landfills
- •Article 304. Waste Acceptance Procedures
- •Article 305. Control and Monitoring in the Operation of a Landfill
- •Article 306. Procedures for Closure, Reclamation and Monitoring of a Waste Landfill (or Part Thereof)
- •Article 308. Classification of Points of Storage and/or Burial of Radioactive Waste
- •Article 309. Environmental Requirements Applicable to Points of Storage and/or Burial of Radioactive Waste
- •Article 317. State Inventory and State Registry of Greenhouse Gases
- •Article 318. Production Control of Greenhouse Gases and Ozone-depleting Substances
- •Article 322. Procedure for Compensating Damage Caused by a Violation of the Environmental Legislation of the Republic of Kazakhstan
Article 220. Environmental Requirements Applicable to Nature Use Operations
1. Nature use operations are environmentally-hazardous business activities and must be performed subject to the following requirements:
1) design of wells and mines in terms of their reliability, technological effectiveness and environmental safety must ensure subsoil protection and environmental protection;
2) emission of untreated exhaust gases from diesel-generator drive or diesel drive equipment during drilling or other subsoil use operations, where such equipment is utilised, must comply with such equipment’s technical specifications and environmental requirements;
3) during construction of subsoil use structures on fertile and agricultural lands in the process of equipment installation preparatory work, fertile soil shall be moved and stored separately for further reclamation of the area;
4) to eliminate migration of toxic substances in nature objects, an engineering system for organised collection and storage of subsoil use waste, with production sites being damp-proofed, must be envisaged;
5) if wells are constructed on specially protected natural areas, only “no storage-pit” technology must be used;
6) during subsoil use operations, slurry disposal and neutralisation of waste drilling mud, drilling, open pit and mine waste water for reuse in drilling and return to the environment in accordance with established requirements must be performed;
7) when hydrocarbon-base drilling muds (lime-bituminous, invert-emulsion and other) are used, air gas pollution prevention measures must be utilised;
8) burial of pyrophoric sediments, cuttings and core in order to eliminate the possibility of ignition or poisoning of humans must be performed in accordance with the project and must be agreed upon with the environment protection authority, fire safety authorities, government agency of the sanitary and epidemiological service and local executive agencies;
9) subsoil use facilities shall be commissioned, provided that all environmental requirements stipulated by the project are fully fulfilled;
10) upon completion of subsoil use operations, land reclamation shall be performed in accordance with project solutions;
11) drill wells, including flowing wells, and wells that are suitable for operations or those the use of which has been discontinued, shall be equipped by a nature user with control devices, shall be closed-down or abandoned in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
12) persons and legal entities whose activities produce or may produce negative impact on the condition of underground water bodies must take measures to prevent pollution and depletion of such water bodies;
13) placement of waste burial, cemeteries, burial sites of cattle and other objects that affect the quality of groundwater, in water-collecting areas of ground water bodies that are used, or may be used, for drinking or household water supply shall not be permitted;
14) drilling of absorption wells shall be permitted, provided there are affirmative statement of opinions of environment protection authorities, government authorised agencies for use and protection of water resources, for subsoil study and use, and the government agency of the sanitary and epidemiological service, which are issued upon completion of special surveys in the area of drilling of such wells;
15) industrial waste water and waste medicinal mineral water may be discharged in accordance with the Water Code of the Republic of Kazakhstan;
16) wells within contract territories shall be closed down and abandoned in accordance with the legislation of the Republic of Kazakhstan concerning subsoil and subsoil use; and
17) in the area where waste water is reinjected in absorption wells, the water user shall organise regular laboratory monitoring of water quality in nearest wells, springs, draw-wells in accordance with the plan agreed upon with the environment protection authority, government authorised agencies for use and protection of water resources and the government sanitary and epidemiological safety authority.
2. During subsoil use operations, subsoil users must:
1) comply with standards of maximum permissible harmful impacts on groundwater object which are established by the government authorised agency for use and protection of water resources as agreed upon with the environment protection authority, authorised government agencies for subsoil study and use, for industrial safety, and the government agency for sanitary and epidemiological well-being of the public;
2) ensure identification of chemical composition of discharged water by in-house or other laboratories which shall be accredited in accordance with procedure established by the Law of the Republic of Kazakhstan On Technical Regulation; and
3) deliver immediate information on emergency discharge of pollutants and on violation of the established regime of groundwater withdrawal and discharge (injection ) of water in such groundwater to the environment protection authority, authorised government agency for use and protection of water resources and agencies of the sanitary and epidemiological service.
3. There shall be prohibited to:
1) disrupt plant and soil cover outside the sites which are allocated for construction;
2) discharge subsoil waste in surface water bodies and in subsoil;
3) irrigate lands with waste water if it impacts, or may impact, the condition of underground water bodies;
4) allow muds and materials in beds that contain household and drinking waters;
5) drill absorption wells for discharge of industrial, medicinal mineral and heat and power waste water in cases where such wells may become a source of pollution of an aquifer which is suitable, or is used, for household and drinking water supply, or for medicinal purposes;
6) place absorption wells and draw-wells in areas of sanitary protection of water supply sources; and
7) discharge waste waters that contain radioactive substances in absorption wells.
4. With a view to protecting underground water bodies that are used for household and drinking water supply, and those resources of which possess natural medicinal qualities, sanitary protection areas shall be established in accordance with the Water Code of the Republic of Kazakhstan.