- •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 221. Environmental Requirements Applicable to Exploration and/or Extraction of Groundwater
1. Prior to signature, a contract for extraction of groundwater and a permit for special water use, shall be agreed upon with the environment protection authority and the authorised government agency for sanitary and epidemiological well-being of the public.
2. Project process flow, on which development of a groundwater deposit is based, shall undergo the state environmental review.
3. During exploration and/or extraction, nature users must conduct research and development and engineering work at their own expense to develop new methods and technology of groundwater deposit development and to improve the existing methods and technology, improve process equipment and continuous and periodic control equipment, and ensure efficient use and protection of groundwater against depletion and pollution, and protection of subsoil and the environment.
4. There shall be prohibited to develop groundwater deposits for purposes, which are not stipulated by the terms of contract and permits for special water use, or in violation of such terms.
5. Exploration and development of groundwater deposits shall be carried out in accordance with the terms of contract and permit for special water use and in compliance with provisions and requirements which are prescribed by the environmental legislation of the Republic of Kazakhstan.
6. Nature users that carry out exploration and/or extraction of groundwater must ensure:
1) efficient exploration and development of groundwater deposits where the following shall be achieved – full integrated study and prevention of irretrievable loss of water and its qualitative properties through inadequate operation of wells;
2) elimination of the possibility of pollution of water bearing horizons;
3) elimination of the possibility of cross-flow of waters of various horizons, unless it is stipulated by the project;
4) no occurrence of uncontrolled and unregulated release of groundwater and, in case of emergency, immediate response in order to eliminate water losses;
5) integrated use of groundwater that contains useful components;
6) protection of ambient air, land surface, forests, waters and other nature objects as well as buildings and structures against harmful impact produced by nature use activities; and
7) carrying out of a complex of restoration works on land plots that have become unsuitable in the course of exploration and/or extraction.
7. Hydrogeological wells, including flowing well and exploration wells, as well as wells, which are not suitable for operation, or use of which has been discontinued, shall be equipped by the nature user with control devices, and shall be closed-down and abandoned in accordance with the procedure established by laws of the Republic of Kazakhstan.
8. In case water bearing horizons are opened-up during subsoil use for exploration and extraction of other minerals, the nature user must take measures to protect underground water bodies in accordance with the procedure established by legislation of the Republic of Kazakhstan, and to report this case to the environment protection authority, authorised government agencies for use and protection of water resources, for subsoil study and use and to the government agency of the sanitary and epidemiological service.
9. Opened groundwater bearing horizons must be provided with reliable insulation that prevents their pollution.
10. In case of intersecting water bearing horizons that may be used as sources of household and drinking water supply, chemical agents which are used for preparation (treatment) of drilling mud and cement solution must posses toxicological properties, which are agreed upon with the environment protection authority and the government agency of the sanitary and epidemiological service.
11. Use of drinking quality groundwater for needs not related to household and drinking water supply shall not be permitted, except as otherwise provided by the Water Code of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan concerning subsoil and subsoil use.
12. There shall be prohibited to commission groundwater withdrawal facilities unless they are equipped with water control devices, water measuring devices, and unless sanitary protection zones and monitoring stations to monitor the groundwater quality are in place.
13. Nature users must comply with standards of maximum permissible harmful impacts on underground water bodies which are established by the authorised government agency for use and protection of water resources and agreed upon with the environment protection authority, authorised government agency for subsoil study and use, the government agency of the sanitary and epidemiological service and the authorised government agency for industrial safety.
14. In placing, designing, constructing and commissioning water withdrawal facilities which are related to the use of underground water bodies, measures that prevent their harmful impact on surface water bodies and the environment (flooding of territories, desertification, land swamping, land slides and ground sagging) must be stipulated.
15. With a view to ensuring state inventory of groundwater, control over its use and protection of the environment, nature users shall:
1) arrange initial accounting of waters that are withdrawn from underground water bodies and discharged in such bodies in accordance with procedure and timing established by the authorised government agency for subsoil study and use and upon agreement with the environment protection authority and the authorised government agency for use and protection of water resources;
2) equip water withdrawal and water discharge facilities with water consumption measuring devices and install control devices on flowing wells;
3) control current development of groundwater deposits, carry out operating control over well performance and control over compliance with operating regime in accordance with approved field development project or technology. Frequency of control shall be established by the field development project; and
4) submit reporting documentation on use of groundwater in the form and in compliance with the directive approved by the authorised government agency for statistics.