- •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 268. Environmental Requirements Applicable upon Mothballing and Liquidation of Oil Facilities
1. The mothballing or liquidation of facilities for offshore oil operations, exploration, including of solid mineral resources, mineral and/or potable waters shall be carried out in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use.
2. In respect to the mothballing of wells upon completion of tests, subsoil users shall carry out mothballing operations, ensure safety of drilling foundations and the reliable sealing-in of wells until operations are resumed.
3. In liquidating wells that were drilled off a man-made ground (submarine berm or island), subsoil users shall ensure the sealing-in of wells and control over the condition of a man made foundation after having cleaned it up from possible contamination with hydrocarbons and other chemical substances. If the island (berm) is water-worn, subsoil users shall mark it up with a guidepost or buoy, until the foundation is finally levelled, and submit the coordinates to the authorised government agencies for study and use of subsoil, inland waterborne transport to enable them to mark up the nautical charts to ensure safe navigation.
4. Upon liquidation of wells that were drilled off a platform of any type, their constructions shall be fully dismantled and removed, whilst head walls of sealed wells shall be cut off at the sea bottom level to prevent obstruction to fishing and navigation.
5. Man-made mining islands that were decommissioned shall be liquidated. If metallic or reinforced concrete structures are used, reinforced concrete structures shall be removed and metallic structures shall be cut off at the sea bottom level.
6. The mothballing and liquidation of drowned and partially submerged old wells shall be carried out in accordance with the project that includes environmental impact assessment and that has passed, in accordance with the legislation the Republic of Kazakhstan, the state environmental review, a review for natural and man-made disasters and a review required to be conducted in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use. A plan for emergency response to oil spills shall be developed and approved. No operations shall be allowed to be carried out without availability of necessary equipment, specialists, transport and other means required for preventing and responding to emergencies in accordance with plans for emergency response to oil spills.
Article 269. Monitoring of the Environment of the National Nature Reserve in the Northern Part of the Caspian Sea
1. In the national nature reserve in the northern part of the Caspian Sea, the environmental protection authority shall carry out the state environmental monitoring.
2. Subsoil users that conduct any business operations in the national nature reserve in the northern part of the Caspian Sea shall conduct production environmental monitoring.
3. Environmental impact assessment materials prepared at each stage of oil operations shall envisage production monitoring that embraces:
1) baseline environmental studies prior to the start of each stage of oil operations (geophysical surveys, exploration drilling, hydrocarbons mining as well as liquidation of facilities);
2) monitoring of pollution sources;
3) monitoring of the environmental condition; and
4) monitoring of the consequences of emergency pollution of the environment.
4. The state environmental and production monitoring shall include observations of the following parameters:
1) levels of water contamination as well as sea bottom sediments according to physical, chemical and hydro-biological parameters at the Caspian Sea sections of various status (regime);
2) the balance and transformation of contaminants at certain sections of the Caspian Sea (sampling points in the open sea, bays, estuaries, rivers that run into the sea, and areas of oil operations) on the border of the air-water division and their build-ups in bottom sediments (precipitations); and
3) natural circulatory processes, hydro-meteorological parameters (temperature of water, currents, velocity and directions of winds, atmospheric precipitations, atmospheric pressure, air humidity).
5. If necessary and at request of the environment protection authority, subsoil users shall carry out additional surveys of the condition of the environment.
6. Subsoil users shall determine the types and methods of observations over the condition of the environment in a manner established by the environment protection authority.
7. In the conduct of production monitoring, subsoil users shall take into consideration the results of observations during previous years and make use of the figures of existing stations located at the operation areas (within the contract area and its surroundings) in order to carry on the long term scope of observations.
8. In the event of emergencies, immediate arrangements shall be made to initiate the monitoring of the consequences of emergency pollution of the environment.
9. Subsoil users shall submit the results of production monitoring to the environment protection authority.
Chapter 39. Environmental Requirements Applicable upon Use of Radioactive Materials, Atomic Energy and Ensuring Radiation Safety
Article 270. Transboundary Movements of Radioactive Waste and Materials
1. There shall be prohibited to import, for the purpose of storage and burial, radioactive waste into the Republic of Kazakhstan from other states, except for the Republic's own radioactive waste that had been exported for processing to other states. There shall also be prohibited to bury (place) radioactive waste and materials on the land surface and in the subsoil until special actions aimed at preventing the penetration of radioactive substances in the environment have been completed.
2. The importation of radioactive materials, semi-finished products, raw materials, and components containing radioactive substances that exceed the withdrawal levels established by radioactive safety regulations shall be carried out subject to resolutions of the Government of the Republic of Kazakhstan and after having obtained affirmative statement of opinion of the state environmental review.
3. Upon transboundary movement of radioactive materials, nature users shall take measures aimed at ensuring compliance with the rules of international law upon such movement. In such case:
1) nature users shall take measures aimed at obtaining permissions and giving preliminary notification as well as obtaining consent to the movement of the country of destination;
2) transboundary movement via the transit countries shall be carried out, provided that the international obligations that correspond to specific types of transport means, shall have been met;
3) there shall be prohibited to ship spent fuel or radioactive waste for storage or burial to a destination south off the latitude of 60 S.