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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 31-12-2020)

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 294), 295) of functions of central office of Item 16 of the Provision and subitems 77), 78), 91) of functions of departments of Item 16 of the Provision which are effective till January 1, 2024, the subitem 112) 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 of December 27, 2017 "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, development of "green economy", addresses with waste (except for municipal, medical 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, 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) improvement of quality of the environment, preserving and rational use of natural resources, providing ecological safety and achievement of favorable level of ecologically sustainable development of society;

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

6) cross-industry coordination concerning realization of state policy in the field of environmental protection and environmental management and ensuring ecologically sustainable development of society;

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 approved by participation of members of public council in work of other working bodies under the Ministry and its departments;

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

8) sends the project of the regulatory legal act concerning the rights, freedoms and obligations of citizens to public council for discussion and development of recommendations;

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

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

11) performs coordination of activities of the central and local executive bodies for realization of state policy in regulated spheres;

12) exercises the state control and supervision according to the legislation of the Republic of Kazakhstan;

13) performs control and supervising functions behind activities of the central and local executive bodies for the questions relating to powers of the Ministry;

14) 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;

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

16) performs regulatory legal acts, strategic and program documents, goal achievement and tasks in regulated spheres;

Develops 17) and approves the subordinate regulatory legal acts determining procedure for rendering the state services;

18) renders the state services;

19) enables the realization of state policy concerning international cooperation in regulated spheres;

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

21) develops program documents within competence of the Ministry;

Develops 22), approves and within the competence approves technical regulations in regulated spheres;

Develops 23), approves with authorized body in the sphere of permissions and notifications and 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 24), approves with authorized body in the sphere of permissions and notifications and authorized body in the sphere of informatization and approves regulatory legal acts about approval of allowing requirements and the list of the documents confirming compliance to them in the regulated sphere;

Develops 25), approves with authorized body in the sphere of permissions and notifications and 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 26) and approves normative and technical documents in regulated spheres;

Develops 27) and approves together with authorized body on entrepreneurship criteria for evaluation of risk degree and checking sheets according to the Entrepreneurial code of the Republic of Kazakhstan;

Develops 28) 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;

29) 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;

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

31) 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;

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

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

Approves 34) within the competence or approves ecological standard rates and ecological requirements for economic and other activity;

35) exercises public administration in the field of protection of climate and ozone layer of Earth;

36) performs within the competence coordination of activities of physical persons and legal entities in the field of protection of climate and ozone layer of Earth, preserving biodiversity, desertification and degradation of lands;

Develops 37) and approves standard rules of calculation of regulations of education and accumulating of municipal waste;

Develops 38) and approves within competence normative and technical documents in the field of environmental protection;

Develops 39) and approves normative and legal, instructive-methodological documents limits of competence of the Ministry;

Develops 40) and approves within competence methodical recommendations in the field of environmental protection;

41) will be organized by maintaining the Single system of inventories of natural resources;

42) will be organized by maintaining the State inventory of production wastes and consumption and creation of the annual information overview;

43) will be organized by maintaining the State inventory of burials of hazardous substances, radioactive waste and dumping of sewage into subsoil;

44) will be organized by maintaining the State fund of ecological information;

45) will be organized by conducting the state monitoring of state of environment and separate special types of monitoring, and also performs coordination of maintaining the Single state monitoring system of the environment and natural resources;

Develops 46) and claims in coordination with the central authorized body on budgetary planning of 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;

47) will be organized by methodical providing in the field of the address with municipal waste;

48) is established by procedure for issue, change and repayment of quotas for emissions of greenhouse gases;

49) is established by procedure for carrying out public hearings;

50) is determined by procedure for management of the ownerless dangerous wastes recognized as the judgment arrived in republican property;

51) determines requirements to own system of collection, conversion and waste recycling of the physical persons and legal entities performing production in the territory of the Republic of Kazakhstan and (or) import to the territory of the Republic of Kazakhstan of products (goods) according to the list of products (goods) on which, (which) expanded obligations of producers (importers) extend;

52) is determined by procedure for representation by producers (importers) having own system of collection, conversion and waste recycling, to the operator of the expanded obligations of producers (importers) of the documents confirming collection, conversion and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers) extend;

53) issues the conclusions on cross-border transportation of waste on the territory of the Republic of Kazakhstan;

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

55) performs the organization and coordination of functioning of the state system of inventory count of emissions and absorption of greenhouse gases;

56) is performed by the analysis and forecasting of emissions and absorption of greenhouse gases, provides accomplishment of obligations of the Republic of Kazakhstan according to the annual reporting according to international treaties of the Republic of Kazakhstan;

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

58) is determined by procedure for forming of liquidating funds of grounds of placement of waste;

59) develops lists of the best available technologies and will organize maintaining their register;

60) will be organized by maintaining the state register of carbon units;

61) will be organized by maintaining the state inventory of sources of emissions and absorption of greenhouse gases;

62) is determined by the list of actions for stimulation of waste recycling and to reduction of amounts of their education;

63) determines rules of accounting of production wastes and consumption;

64) determines criteria of reference of consumer wastes to secondary raw materials;

Develops 65) and approves procedure for monitoring and control of inventory count of greenhouse gases;

Develops 66) and approves procedure for realization of project mechanisms in the sphere of regulation of emissions and absorption of greenhouse gases;

67) is developed by the National plan of distribution of quotas for emissions of greenhouse gases;

68) is developed by procedure for distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases of the Republic of Kazakhstan;

Develops 69) and approves procedure for development of the management program by waste;

70) is given by submission to the Government of the Republic of Kazakhstan for determination of the operator of expanded obligations of producers (importers);

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

Develops 72) and approves rules of the organization and carrying out production environmental monitoring when carrying out oil operations in the Kazakhstan sector of the Caspian Sea;

Develops 73) and approves rules of the organization and carrying out background ecological researches when carrying out oil operations in the Kazakhstan sector of the Caspian Sea;

74) approves technique of determination of level of danger and the coding of waste;

75) determines the organization performing maintaining information system of tracking of movement of the vehicles specializing in export of waste according to navigation satellite systems;

Develops 76) and approves rules of compensation to producers of socially important food products of the expenses connected with introduction of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials applied to packing of socially important food products;

77) establishes quotas of emissions of greenhouse gases for subjects of market mechanism of emission reduction and absorption of greenhouse gases;

78) is performed by maintaining the State register of emissions and transfer of pollutants;

79) will organize development of the National report on state of environment and about use of natural resources of the Republic of Kazakhstan;

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

81) develops rules of development of the National report on state of environment and about use of natural resources of the Republic of Kazakhstan;

82) develops rules of maintaining the State fund of ecological information;

Develops 83) and approves rules of preparation of consideration and approval, accounting, the reporting and monitoring of internal projects on emission reduction of greenhouse gases;

84) exercises control of reserve of amount of quotas;

85) annually till May 1 of year places on Internet resource of the Ministry information for previous year about:

receipts in the budget from the damages recovery caused to the environment;

receipts in the budget from penalties for violation of the ecological legislation of the Republic of Kazakhstan;

86) will be organized by conducting the state accounting of sites of environmental pollution, including the register of sites of environmental pollution;

87) approves rules on prevention of pollution from courts;

88) will be organized by maintaining the State inventory of consumption of ozone-depleting substances;

89) makes the decision on carrying out statutory environmental audit and approves form of the conclusion about statutory environmental audit;

90) signs agreements and memorandums in the field of environmental protection;

91) is established by procedure for formation of the competent commission formed for establishment of the reasons, scales of damage suffered and consequences of the insured event which entailed emergency environmental pollution;

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