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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2019 No. 479

About measures for implementation of the Presidential decree of the Republic of Kazakhstan of June 17, 2019 No. 17 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan"

(as amended on 22-11-2021)

According to the Presidential decree of the Republic of Kazakhstan of June 17, 2019 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 17

1. Approve enclosed:

1) Regulations on the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further - the Provision);

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Rename:

1) republican public institution "Committee of ecological regulation and control of the Department of Energy of the Republic of Kazakhstan" in republican public institution "Committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

2) republican public institution "Committee of geology and subsurface use of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" in republican public institution "Committee of geology of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

3) republican public institution "Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan" in republican public institution "Committee of forestry and fauna of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

4) republican public institution "Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan" in republican public institution "Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

5) territorial department of Committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan on the city of Astana in territorial department of Committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan on Nour-Sultan's city;

6) republican public institutions according to appendix 1 to this resolution;

7) republican legal entities according to appendix 2 to this resolution.

3. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan to transfer to the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan and its departments of right of possession and use of the state blocks of shares and shares of the organizations according to appendix 3 to this resolution in the procedure established by the legislation of the Republic of Kazakhstan.

4. To the ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to take the necessary measures following from this resolution.

5. This resolution becomes effective from the date of its signing, except for subitems 301) and 302) of functions of central office of Item 16 of the Provision and subitems 64), 65) and 78) of functions of departments of Item 16 of the Provision which are effective till January 1, 2024, the subitem 98) of functions of departments of Item 16 of the Provision which is effective till January 1, 2023, according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of July 5, 2019 No. 479

Regulations on the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan performing management in spheres of forming and realization of state policy, coordination of management processes in spheres of environmental protection, meteorological and hydrological monitoring, development of "green economy", addresses with waste (except for municipal, medical, biological and radioactive waste), protection, control and supervision of rational use of natural resources, the state geological studying of subsoil, reproduction of mineral resources, use and protection of water fund, water supply, water disposal, forestry, protection, reproduction and use of fauna and especially protected natural territories (further - regulated spheres).

2. The ministry has departments:

1) Committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

2) Committee of geology of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

3) Committee of forestry and fauna of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

4) Committee of fishery of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

5) Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized according to the legislation.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the current legislation.

9. Location of the legal entity: 010000, Nour-Sultan's city, Esilsky district, Prospekt Mang_l_k El, house 8, office building "House of the ministries", 14th entrance.

10. Full name of the Ministry - public institution "Ministry of ecology, geology and natural resources of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Ministry.

12. Financing of activities of the Ministry is performed from the republican budget.

13. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Mission, main objectives, functions, rights and obligations of the Ministry

14. Mission of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan:

creation of conditions on preserving, recovery and improvement of quality of the environment, water and biological resources, to the state geological studying of subsoil, reproduction of mineral resources, sustainable development of water, forest, fish and hunting farms, especially protected natural territories, ensuring transition of the Republic of Kazakhstan to low-carbon development and "green economy" for requirements satisfaction present and future generations.

15. Tasks:

1) forming and realization of state policy, enhancement of system of public administration in spheres of environmental protection, meteorological and hydrological monitoring, the state control of protection, use and reproduction of natural resources, the treatment of production wastes and consumption (except for municipal, medical and radioactive waste), enhancement of system of state regulation in the field of environmental protection and the state environmental control, economic methods of environmental protection, control of state policy of development of "green economy", the state geological studying, reproduction of mineral resources and providing with regulatory legal acts in the field of technical regulation and normative and technical documents within the competence;

2) implementation of coordination of activities of the central and local executive bodies for realization of state policy in the field of activity carried to competence of the Ministry;

3) realization of state policy concerning international cooperation in the areas carried to competence of the Ministry;

4) preserving, rational use and recovery of natural resources;

5) development of system of distribution of information and education in the field of environmental protection and natural resources;

6) management and cross-industry coordination in the field of environmental protection, meteorological and hydrological monitoring;

7) public administration and ensuring the state control and supervision in regulated spheres;

8) preserving biological diversity;

9) management and cross-industry coordination concerning realization of state policy in the sphere of management of water resources, the woods, fauna and especially protected natural territories;

10) enhancement of the legislation in the field of management of water resources, the woods, fauna and especially protected natural territories;

11) enhancement of system of public administration in the field of management of water resources, the woods, fauna and especially protected natural territories;

12) development of international cooperation in the field of management of water resources, the woods, fauna and especially protected natural territories;

13) ensuring the state control and supervision in the field of management of water resources, the woods, fauna and especially protected natural territories;

14) enhancement of the legislation in the field of geology and reproduction of mineral resources;

15) implementation of the state control of transactions on geological studying of subsoil, and also use of space of subsoil.

16) implementation of other tasks assigned to the Ministry within the competence.

16. Functions:

functions of central office:

1) performs strategic, regulating, realizable and control and supervising functions in regulated spheres;

2) provides forming and realization of state policy in regulated spheres;

3) approves regulatory legal acts on realization of state policy in regulated spheres;

4) is formed by public council;

5) considers recommendations of public council;

6) is performed by organizational support of activities of public council;

7) notifies public councils on placement on the Internet portal of open regulatory legal acts of the advisory document or corresponding project of the regulatory legal act concerning the rights, freedoms and obligations of citizens for its public discussion;

8) coordinates terms of carrying out public hearings by the public council formed by the Ministry;

9) submits the report to public council about results of the work of the Ministry directed to protection of public concerns;

10) carries out coordination of activities of the central and local executive bodies for realization of state policy in regulated spheres;

11) realizes state policy in the field of the state control and supervision in the corresponding industry (sphere);

12) is performed by consideration of draft documents on standardization within competence, and also preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the sphere of standardization;

13) considers draft documents on standardization and the national plan of standardization;

14) performs regulatory legal acts, strategic and program documents, achieves the objectives and tasks in regulated spheres;

Develops 15) and approves the subordinate regulatory legal acts determining procedure for rendering the state services;

16) is provided by improvement of quality, availability of rendering the state services;

17) is provided by availability of the subordinate regulatory legal acts determining procedure for rendering the state services;

18) is provided by knowledge of uslugopoluchatel in available form of procedure for rendering the state services;

19) considers addresses of uslugopoluchatel concerning rendering the state services;

20) takes the measures directed to recovery of the violated rights, freedoms and legitimate interests of uslugopoluchatel;

21) is provided by advanced training of workers in the sphere of rendering the state services, communication with disabled people;

22) takes measures for optimization and automation of processes of rendering the state services according to the legislation of the Republic of Kazakhstan in coordination with authorized body in the sphere of informatization;

23) after entering into the register of the state services of new state service takes measures for the transfer of its rendering to electronic format according to the legislation of the Republic of Kazakhstan in coordination with authorized body in the sphere of informatization;

24) is provided by provision of information in authorized body by assessment and control of quality of rendering the state services for evaluating quality of rendering the state services, and also information on results of internal control behind quality of rendering the state services according to the procedure and the terms established by the legislation of the Republic of Kazakhstan;

25) is provided by provision of information in authorized body in the sphere of informatization for evaluating quality of rendering the state services rendered electronically, according to the procedure and the terms established by the legislation of the Republic of Kazakhstan;

26) is provided by access of the state corporation to the information systems containing data, necessary for rendering the state services, if other is not stipulated by the legislation the Republic of Kazakhstan;

27) provides information on procedure for rendering the state services in single contact center;

28) is carried out by internal control behind quality of rendering the state services according to the legislation of the Republic of Kazakhstan;

29) is provided by observance by service providers of the subordinate regulatory legal acts determining procedure for rendering the state services;

30) is provided by accomplishment of obligations and implementation of the rights of the Republic of Kazakhstan following from international treaties and also watches accomplishment by other participants of international treaties of their obligations;

31) enables the realization of international treaties of the Republic of Kazakhstan in the field of environmental protection;

32) performs approval, cancellation, suspension of technical regulations, and also modification of technical regulations on the questions entering competence of the Ministry in coordination with authorized body in the field of technical regulation;

33) performs preparation and entering into authorized body according to the procedure, established by the legislation of the Republic of Kazakhstan, offers on development of technical regulations or changes and (or) amendments in technical regulations;

34) creates advisory councils;

35) participates in work on inclusion or exception of conformity assessment bodies in national part (from national part) the unified register of conformity assessment bodies of the Eurasian Economic Union;

36) in case of application of regulating technical documents for implementation of requirements of technical regulations, makes offers on their development as national standards according to the procedure, established by the legislation of the Republic of Kazakhstan in the sphere of standardization;

Develops 37), approves with authorized body in the sphere of permissions and notifications, by authorized body in the sphere of informatization and approves regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them in the regulated sphere;

Develops 38), approves with authorized body in the sphere of permissions and notifications and authorized body in the sphere of informatization and approval of regulatory legal acts about approval of allowing requirements and the list of the documents confirming compliance to them;

Develops 39), approves with authorized body in the sphere of permissions and notifications, authorized body in the sphere of informatization and approval of regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them, except for qualification requirements and the list of documents to the licensed types of activity in the sphere of gaming;

Develops 40), approves with authorized body in the sphere of permissions and notifications, by authorized body in the sphere of informatization and approves forms of statements for receipt of permission of the second category, form of permissions of the second category;

Develops 41) and together with authorized body on entrepreneurship approves the acts concerning criteria for evaluation of risk degree for selection of subjects (objects) of control and supervision, checking sheets which are placed on Internet resources of regulatory state agencies;

Develops 42) and approves semi-annual plans of conducting checks in regulated spheres and sends the approved semi-annual schedules of conducting checks to authorized body on legal statistics and special accounting for forming by the Prosecutor General's Office of the Republic of Kazakhstan of the semi-annual summary schedule of conducting checks according to the Entrepreneurial code of the Republic of Kazakhstan;

43) performs within the competence accreditation of associations of the subjects of private entrepreneurship applying for participation in conducting examination of projects of regulatory legal acts, concepts of drafts of the laws, drafts of international treaties of the Republic of Kazakhstan, and also the international treaties which participant the Republic of Kazakhstan intends to become infringing on interests of private entrepreneurship;

44) is approved within the competence by structure of advisory council concerning private entrepreneurship according to the Entrepreneurial code of the Republic of Kazakhstan;

45) is carried out by the analysis of regulatory impact according to documents, stipulated in Item 2 articles 82 of the Entrepreneurial code of the Republic of Kazakhstan, according to the procedure, determined by authorized body by entrepreneurship;

46) is performed by monitoring of efficiency of the state control and supervision in the regulated sphere;

47) represents within the competence to authorized body on entrepreneurship status reports of regulation of business activity;

Develops 48) and approves ecological standard rates of quality;

49) is performed by state regulation in the field of protection of ozone layer of Earth;

50) approves standard rules of calculation of regulations of education and accumulating of municipal waste;

51) approves technique of determination of standard rates of issues;

Develops 52) and approves regulatory legal acts in the field of environmental protection in the cases provided by the Ecological code of the Republic of Kazakhstan;

53) will be organized by maintaining single system of inventories jointly with specially authorized state bodies performing monitoring of the corresponding types of natural resources on the basis of the this accounting of condition and use of natural resources;

54) approves rules of maintaining single system of the state inventories of natural resources of the Republic of Kazakhstan;

55) is determined by procedure for development of rules of development, application, monitoring and review of reference books on the best available technicians;

56) will be organized by maintaining the state inventory of waste;

57) will be organized by maintaining the state fund of ecological information;

58) performs coordination of working processes between participants of the Single state monitoring system of the environment and natural resources;

Develops 59) and approves in coordination with the central authorized body on budgetary planning natural regulations of material equipment by the machinery and equipment, consumption rates of materials for operating costs, regulations of polozhennost of chemical reactants and laboratory glassware, field equipment and special clothes, regulation of time and load of employees of the Ministry and its territorial departments;

60) will be organized by methodical providing local executive bodies concerning management of municipal waste;

Develops 61) and approves rules of state regulation in the sphere of emissions and absorption of greenhouse gases;

Develops 62) and approves rules of carrying out public hearings;

63) is approved by procedure for management of ownerless dangerous wastes;

64) determines requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings;

65) is determined by procedure for representation by producers (importers) having own system of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings, documents as confirmation of obligation fulfillment according to expanded obligations of producers (importers);

66) approves rules of pronouncement of the conclusion and form of the conclusion on cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan;

67) conducts national system of assessment of anthropogenic emissions from sources and absorption by absorbers of greenhouse gases;

68) is performed by state regulation in the sphere of emissions and absorption of greenhouse gases;

69) establishes criteria for evaluation of ecological situation of the territories;

70) is determined by procedure for forming of liquidating fund by the operator of the ground;

71) will organize development and maintaining the state register of carbon units;

72) will organize development and maintaining the state carbon inventory;

73) approves method of calculation of limits of accumulating of waste and limits of waste disposal;

Develops 74) and approves rules of state regulation in the sphere of emissions and absorption of greenhouse gases;

Develops 75) and approves the national plan of carbon quotas;

76) approves rules of development of the management program by waste;

77) is developed by the draft decision of the Government of the Republic of Kazakhstan about determination of the operator of expanded obligations of producers (importers);

78) develops rules of implementation of expanded obligations of producers (importers);

Develops 79) and approves rules of management of municipal waste;

80) approves rules of compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products;

81) approves the marginal auction prices for the electrical energy made by energy waste recycling;

82) is approved by the list of the waste which is not subject to energy utilization;

83) approves ecological requirements to operation of objects for energy waste recycling;

84) approves rules of forming of the list of the power making organizations using energy waste recycling;

85) approves the marginal auction prices for the electrical energy made by energy waste recycling;

86) is approved by the list of the power making organizations using energy waste recycling;

87) will be organized by maintaining the register of emissions and transfer of pollutants;

88) approves rules of development of the national report on state of environment and use of natural resources of the Republic of Kazakhstan, and also development and maintaining the Interactive report on state of environment and use of natural resources of the Republic of Kazakhstan;

89) will organize development of the National report on transition of the Republic of Kazakhstan to "green" economy;

90) approves rules of maintaining the state fund of ecological information;

Develops 91) and approves rules of maintaining the state register of producers of meteorological information;

Develops 92) and approves rules of approval of carbon offset and provision of offset units;

93) exercises control of reserve of the National plan of carbon quotas;

94) annually till May 1 places on official Internet resource information for previous year:

1) about the course of realization of the state environmental policy;

2) about the realized actions for remediation of ecological damage;

3) about expenses of the republican budget on actions for environmental protection;

4) about results of the state environmental control and total amount of the penalties for violation of requirements of the ecological legislation of the Republic of Kazakhstan collected in the budget;

95) approves rules of identification, assessment and accounting of objects of historical pollution, including maintaining the state register of objects of historical pollution;

96) approves rules of liquidation of historical pollution;

97) will organize development and maintaining the state inventory of ozone-depleting substances;

98) will organize creation, functioning, maintaining and operation of the information system "National Bank of Data on State of Environment and Natural Resources of the Republic of Kazakhstan", and also ensuring coordination all connected from these working processes;

99) is determined by the list of types of waste for burial on grounds of various classes;

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