- •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 317. State Inventory and State Registry of Greenhouse Gases
1. The environment protection authority shall, once a year, make an inventory of emissions and absorption of greenhouse gases and draw up a state registry of emissions of greenhouse gases.
2. For the purpose of inventory of emissions and absorption of greenhouse gases legal entities having sources and absorbers of greenhouse gases shall, on an annual basis, not later than the end of the second quarter in the year following the reporting year, submit to the environment protection authority baseline data that are required for the inventory and drawing up a state registry of greenhouse gases.
3. Information contained in the state registry of greenhouses shall be open for public and published.
Article 318. Production Control of Greenhouse Gases and Ozone-depleting Substances
1. Legal entitles that have sources of emission of greenhouse gases and ozone-depleting substances shall carry out production control by drawing up, annually, an inventory of emissions of greenhouse gases and ozone-depleting substances in the procedure as set out by the environment protection authority.
2. Details on the environmental protection departments and persons responsible for conducting the production control of emissions of greenhouse gases and ozone-depleting substances, as well as the results of the inventory of greenhouse gases and ozone-depleting substances shall be submitted to the environment protection authority.
Section 9. Responsibility for Environmental Violations and Resolution of Environmental Disputes
Chapter 46. Responsibility for Environmental Violations and Resolution of Environmental Disputes
Article 319. Types of Environmental Violations
Environmental violations may be of the following types:
1) violations of the environmental legislation of the Republic of Kazakhstan entailing property liability;
2) administrative violations in the field of environmental protection and use of natural resources; and
3) environmental crimes.
Article 320. Liability for Violations of the Environmental Legislation of the Republic of Kazakhstan
Violations of the environmental legislation of the Republic of Kazakhstan shall entail liability in accordance with laws of the Republic of Kazakhstan.
Article 321. Mandatory Compensation of Damage Caused by a Violation of the Environmental Legislation of the Republic of Kazakhstan
1. Persons who have committed an environmental violation must compensate the damage caused in accordance with this Code and other legislative acts of the Republic of Kazakhstan.
2. Compensated must be the damage which has been caused to the environment, human health, property of individuals and legal entities and the State, as a result of:
1) destruction and damage of natural resources;
2) unauthorised and irrational use of natural resources;
3) unauthorised pollution of the environment, including emergency unauthorised salvo emissions and discharges, placement of industrial and consumption waste; and
4) excessive environmental pollution.
3. Damage caused to human health, property of individuals and legal entities, and the state property shall be compensated either voluntarily or pursuant to a court decision issued in accordance with the legislation of the Republic of Kazakhstan. The damage must be compensated in full with due account to the degree of the injured person’s disability, amount of expenses required for such person’s medical treatment, care and health rehabilitation, as well as other costs and losses.
4. Environmental damage inflicted as a result of a violation of the environmental legislation of the Republic of Kazakhstan shall be compensated either voluntarily or pursuant to a court decision issued on the basis of an economic estimate of the damage, such estimate being determined in accordance with the provisions of this Code.
5. Individuals and legal entities whose business poses a heightened degree of threat to the environment must compensate the damage which has been caused by the threat’s source, unless they prove that the damage has been caused as a result of an uncontrollable force or through the injured party’s own fault.
6. A moral damage caused as a result of a violation of the environmental legislation of the Republic of Kazakhstan shall be compensated in the procedure prescribed by the civil legislation of the Republic of Kazakhstan.