of January 2, 2021 No. 400-VI ZRK
1. This Code governs the public relations in the field of interaction of the person and the nature (the ecological relations) arising in connection with implementation by physical persons and legal entities of the activities rendering or capable to make impact on the environment.
To regulated this Code to the relations the public relations in the field of carrying out monitoring of state of environment, meteorological and hydrological monitoring which are aimed at providing needs of the state, physical persons and legal entities in ecological and hydrometeorological information also belong.
2. The public relations arising in the field of use of natural resources and also in that measure in which it is applicable of their preserving, recovery and reproduction, are regulated depending on type of natural resource according to land, water, by the forest legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on subsoil and subsurface use, in the field of protection, reproduction and use of fauna and other legislation of the Republic of Kazakhstan in the field of protection and use of natural resources.
3. The public relations arising in the field of environmental protection and also in that measure in what it is necessary for ensuring sanitary and epidemiologic wellbeing of the population and does not contradict this Code, are regulated by the legislation of the Republic of Kazakhstan in the field of health care.
4. The public relations in the field of environmental protection arising in case of determination, establishment, application and execution of mandatory and voluntary requirements to products, service, processes of product lifecycle (further - processes), assessment and confirmation of conformity, accreditation in the field of technical regulation and in the field of standardization, and also in that measure in which it does not contradict this Code are regulated respectively by the legislation of the Republic of Kazakhstan on technical regulation and on standardization.
5. The public relations in the field of use of atomic energy and ensuring radiation safety of the population are regulated by the special legislation of the Republic of Kazakhstan in the field of use of atomic energy, ensuring radiation safety in the part which is not contradicting this Code.
6. The public relations in the field of the address with biological waste are governed by the special legislation of the Republic of Kazakhstan in the field of veterinary science in the part which is not contradicting this Code.
7. Subjects of the relations regulated by this Code are physical persons and legal entities, the state, state bodies and officials.
1. The ecological legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.
2. This Code acts on all territory of the Republic of Kazakhstan, including on the continental shelf and in exclusive economic zone of the Republic of Kazakhstan according to rules of international law.
3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty. The international agreements ratified by the Republic of Kazakhstan are applied to the ecological relations directly, except cases when follows from the international treaty that its application requires the edition of the legal act of the Republic of Kazakhstan.
4. Inclusion in other laws of the Republic of Kazakhstan of the regulations governing the ecological relations except the cases provided by this Code is forbidden. In case of contradiction between this Code and other laws of the Republic of Kazakhstan containing the regulations governing the ecological relations provisions of this Code are applied.
5. The civil legislation of the Republic of Kazakhstan is applied to the ecological relations in cases when they are not settled by regulations of this Code.
1. The purpose of the ecological legislation of the Republic of Kazakhstan is determination of the legal basis, tasks and the principles, and also mechanisms of realization of single state environmental policy in the Republic of Kazakhstan.
2. Tasks of the ecological legislation of the Republic of Kazakhstan:
1) ensuring high level of environmental protection by means of implementation of the state regulation directed to prevention of environmental pollution, non-admission of causing ecological damage in any forms and ensuring elimination of effects of the caused ecological damage, and also on gradual reducing negative anthropogenous impact on the environment;
2) providing favorable for life and health of the person of the environment;
3) providing ecological bases of sustainable development of the Republic of Kazakhstan;
4) providing contribution of the Republic of Kazakhstan to strengthening of global response to threat of climate change in the context of sustainable development, and also in implementation of the international, regional and cross-border programs for environmental protection, adaptation to climate change and transition to "green" economy;
5) protection, preserving and recovery of the environment, including the territories and objects representing special ecological, scientific, historical and cultural and recreational value;
6) forming of effective system of public administration in the field of the environmental protection providing interaction and coordination of activities of all state bodies;
7) encouragement and stimulation by the state of attraction of "green" investments and broad application of the best available the technician, resource-saving technologies and the practician, reducings amounts and decrease in level of danger of the formed waste and effective management of them, uses of renewable energy resources, water conservation, and also implementation of measures for increase in energy efficiency, to steady use, recovery and reproduction of natural resources;
8) ensuring permanent and systematic collection, accumulating, storage, the analysis and distribution of ecological information for the public, including with use of modern digital technologies, and also observance of the right of each person to access to ecological information, determination of the main conditions, procedure and features of realization of this right;
9) ensuring publicity and full participation of the public in the solution of questions of environmental protection and sustainable development of the Republic of Kazakhstan;
10) ensuring effective environmental monitoring and environmental control;
11) creation of conditions for investment attraction in holding actions for the environmental protection, upgrade existing and construction of the new infrastructure providing the high level of environmental protection;
12) ensuring accomplishment of the international contractual and other commitments of the Republic of Kazakhstan, development of international cooperation in the field of environmental protection;
13) forming in the society of ecological culture, promotion of ecological knowledge at all education levels, development of ecological education and education for the purpose of ensuring sustainable development;
14) strengthening of legality and law and order in the field of environmental protection and providing ecological safety.
1. Sustainable development the social and economic development of the Republic of Kazakhstan reached without violation of ecological stability when providing ecological safety and ecologically balanced use of natural resources for the purpose of fair requirements satisfaction of the present and future generations is recognized.
2. Ecological bases of sustainable development of the Republic of Kazakhstan are:
1) forming and maintenance of steady models of production and the consumption which are characterized by growth in prosperity and qualities of life of the population in case of minimization of anthropogenous impact on the environment, reducing consumption of non-renewable natural resources, decrease in the education level and waste disposal, and also stimulation of their use as secondary resources;
2) steady functioning of natural ecological systems, preserving and steady use of biological diversity (further - biodiversity), non-admission of degradation of the environment and implementation of measures for its improvement, fight against desertification;
3) participation of the Republic of Kazakhstan in global response to threat of climate change by implementation of measures for mitigation of climate change and adaptation to climate change, and also on protection of ozone layer of the atmosphere of Earth;
4) international cooperation of the Republic of Kazakhstan for the purpose of preserving, protection and recoveries of healthy condition and integrity of ecosystem of Earth;
5) harmonization of the ecological legislation of the Republic of Kazakhstan with the principles and rules of international law and assistance to development of the international environmental law;
6) control, prevention of transfer and transfer to the Republic of Kazakhstan from other states and from the Republic of Kazakhstan to other states of any kinds of activities and substances which cause ecological damage or harm of life and (or) to health of the person, and also acceptance of preventive measures according to the principle of precaution.
3. The ecological safety as component of homeland security is understood as condition of security of the rights and the vital interests of the person, society and state from the threats resulting from anthropogenous and natural impacts on the environment.
Legal regulation of the ecological relations is based on the following principles:
1) principle of prevention: any activities which cause or can cause environmental pollution, degradation of the environment, causing ecological damage and harm of life and (or) to human health are allowed within, established by this Code, only on condition of providing on the source of impact on the environment of all necessary measures for prevention of approach of the specified effects;
2) principle of correction: the ecological damage is subject to elimination in full. In case of impossibility of complete elimination of the caused ecological damage of its effect as far as it is possible in case of modern technological level, shall be minimized. In that measure in what effects of the caused ecological damage were not eliminated or minimized, their substitution by carrying out alternative remediation according to this Code is provided;
3) principle of precaution: with risk of causing owing to any activities of the ecological damage having substantial and irreversible effects for the environment and (or) its separate components, or harm of life and (or) to human health effective and pro rata measures for prevention of approach of such effects in case of economically acceptable costs shall be taken, despite the absence of at the modern level of scientific and technical knowledge of opportunity to prove and rather precisely to estimate probability of approach of the specified negative effects;
4) pro-rata rule: environmental measures are provided in that degree in which they are sufficient for realization of the purpose and tasks of the ecological legislation of the Republic of Kazakhstan. At the same time preference is given to that option which is the least burdensome;
The principle "the pollutant pays 5)": person, whose activities causes or can cause environmental pollution, degradation of the environment, causing ecological damage in any form or harm of life and (or) to human health, incurs all expenses on execution of the requirements for prevention and control of negative effects of the activities, including for elimination of the caused ecological damage established by the ecological legislation of the Republic of Kazakhstan according to the principle of correction;
6) principle of sustainable development: the nature and its resources constitute richness of the Republic of Kazakhstan and their use shall be steady. The state provides the balanced and rational management of natural resources for the benefit of the present and future generations. In case of decision making concerning environmental protection the priority is given to preserving natural ecological systems and ensuring their steady functioning, water conservation, energy saving and increase in energy efficiency, reducing consumption of non-renewable energy and raw material resources, use of renewable energy resources, minimization of formation of waste, and also their use as secondary resources;
7) principle of integration: state policy of the Republic of Kazakhstan in all spheres of economic and social activity is created and implemented on condition of respect for balance between tasks of social and economic development and need of providing ecological bases of sustainable development of the Republic of Kazakhstan, including high level of environmental protection and improvement of its quality;
8) principle of availability of ecological information: the state, based on international treaties of the Republic of Kazakhstan, provides observance of the right of the public to access to ecological information on the bases, conditions and in the limits established by the law;
9) principle of public participation: the public has the participation right in decision making, raising the questions of environmental protection and sustainable development of the Republic of Kazakhstan, on conditions and according to the procedure, established by this Code. Participation of the public in decision making on the questions infringing on interests of environmental protection and sustainable development of the Republic of Kazakhstan is provided since early stage when all opportunities for consideration of different options are open and when effective participation of the public can be provided. State bodies and officials provide publicity planned to decision making, capable to make impact on state of environment, on the conditions allowing the public to express the opinion which is considered in case of their acceptance;
10) principle of ecosystem approach: during the planning and adoption by state bodies and officials of decisions which realization is caused or there can come negative effects for state of environment, integrity and natural interrelations of natural ecological systems, live organisms, natural landscapes, other natural, natural and anthropogenous and anthropogenous objects and need of preserving natural balance of the environment shall be considered. At the same time the priority shall be given to preserving natural landscapes, natural complexes and biodiversity, preserving and steady functioning of natural ecological systems, and also non-admission of negative influence on the services provided by such ecological systems.
1. The environment the set of the conditions surrounding the person, substances and objects of material world including the environment and the anthropogenous circle is recognized.
2. Components of the environment are atmospheric air, surface and underground water, the land surface and soil layer, subsoil, vegetable, fauna and other organisms, all layers of the atmosphere of Earth, including ozone layer, and also the climate providing in their interaction favorable conditions for existence of life on Earth.
The anthropogenous objects, and also the live organisms which are artificially reproduced by the person and not living in condition of natural freedom do not belong to components of the environment.
3. Set of the separate interconnected components of the environment having certain borders, conditions and the mode of existence is distinguished in natural and natural and anthropogenous objects.
4. Natural objects natural ecological systems and natural landscapes, and also elements constituting them which kept the natural properties are recognized.
Functionally and the natural objects which are naturally connected among themselves combined by geographical and other corresponding signs constitute separate natural complexes.
5. Treat natural and anthropogenous objects:
1) the natural objects which are specially changed as a result of activities of the person, but kept properties of natural object;
2) artificially created objects having properties of natural object having recreational value and (or) performing security and protective function for the environment.
6. The anthropogenous circle the set of simulated conditions and anthropogenous objects representing the daily habitat of the person is recognized. The objects of material world created or changed by the person for ensuring his social requirements and which do not have properties of natural objects are recognized anthropogenous.
1. Quality of the environment is understood as set of properties and characteristics of the environment which are determined on the basis of the physical, chemical, biological and other indicators reflecting condition of its components in their interaction.
2. The environment is considered favorable for life and health of the person if its quality ensures ecological safety and natural balance of the environment, including steady functioning of ecological systems, natural and natural and anthropogenous objects and natural complexes, and also preserving biodiversity.
Environmental protection represents system the performed state, physical persons and legal entities of the measures directed to preserving and recovery of the environment, prevention of environmental pollution and causing damage by it in any forms, minimization of negative anthropogenous impact on the environment and liquidation of its effects, providing other ecological bases of sustainable development of the Republic of Kazakhstan.
1. To protection from destruction, degradation, depletions, damages, pollution or other harmful effects are subject all components of the environment, biodiversity, gene pool and genetic resources of live organisms, natural and natural and anthropogenous objects.
2. Separate objects are subject to special protection according to the legislation of the Republic of Kazakhstan in the field of especially protected natural territories.
1. Anthropogenous impact on the environment is understood as direct or indirect impact of activities of the person on the environment in type:
1) issues which are understood as intake of the pollutants released from anthropogenous objects in atmospheric air, waters, on the earth or under its surface;
2) physical impacts of objects on the environment which are understood as impacts of noise, vibration, electromagnetic fields, ionizing radiation, temperature and other physical factors, causing change of natural temperature, energy, wave, radiation and other physical properties of components of the environment;
3) waste disposal, their illegal placement on the land surface or receipts in water objects;
4) intake of the greenhouse gases released from anthropogenous objects in atmospheric air;
5) construction and operation of objects (buildings, constructions, structures, communications), and also post-utilization (demolition) of the objects which developed the resource;
6) uses of natural resources and useful properties of the environment, including by their temporary or irretrievable withdrawal;
7) introductions to the environment of objects of animal and flora, including deliberate release to the environment and realization (placement) in the market of genetically modified organisms;
8) holding actions for environmental protection.
2. Any forms of anthropogenous impact on the environment as a result of which harm can be done to life and (or) health of the person, property and (or) which brings or can lead to environmental pollution, causing ecological damage and (or) other negative changes of quality of the environment, including in shape are recognized harmful:
1) depletions or degradations of components of the environment;
2) destructions or violations of steady functioning of natural and natural and anthropogenous objects and their complexes;
3) losses or reducings biodiversity;
4) emergence of obstacles for use of the environment, its resources and properties in the recreational and permitted by the law other purposes;
5) decrease in esthetic value of the environment.
1. Environmental pollution is understood as presence at atmospheric air, surface and underground water, the soil or on the land surface of pollutants, heat, noise, vibrations, electromagnetic fields, radiation in quantities (concentration, levels) exceeding the ecological standard rates of quality of the environment established by the state.
2. Pollutants are understood as any substances in firm, liquid, gaseous or vaporous state which in case of their receipt to the environment owing to the quality or quantity characteristics break natural balance of the environment, worsen quality of components of the environment, are capable to do ecological damage or harm to life and (or) health of the person.
Substances in this Code are understood as the chemical elements which are present at their natural state in the environment or formed as a result of activities of the person, their connections, mixes, solutions and aggregates.
The list of pollutants which emissions are subject to ecological regulation (further - the list of pollutants) affirms authorized body in the field of environmental protection for a period of ten years and the technician and technologies of monitoring and control of pollutants is subject to revision based on updated scientific knowledge of the environment and the anthropogenous factors influencing its quality and also taking into account development of methods. The list of pollutants is also subject to revision no later than the first year after entry into force of the international obligations of the Republic of Kazakhstan in the field of environmental protection requiring taking measures of state regulation concerning the pollutants which are absent in the list existing at that time.
3. The list of pollutants is determined based on the following criteria:
1) taking into account the level of toxicity, cancerogenic and (or) mutagen properties of the substances including tending to accumulating in the environment, and also their capability to transformation in the environment to the connections having bigger toxicity;
2) taking into account natural properties of the environment and its capability on maintenance and recovery of the quality by absorption, cleaning, other elimination of pollution and other forms of negative impact in certain territory without intervention of the person;
3) taking into account data of the state environmental monitoring and sanitary and epidemiologic monitoring;
4) in the presence of evidence-based techniques (methods), the technician and technologies of measurement of quantity and quality characteristics of pollutants.
1. The objects making negative impact on the environment depending on level and risk of such impact are subdivided into four categories:
1) the objects making considerable negative impact on the environment (objects І categories);
2) the objects making moderate negative impact on the environment (category objects II);
3) the objects making insignificant negative impact on the environment (category objects III);
4) the objects making the minimum negative impact on the environment (category objects IV).
2. Appendix 2 to this Code establishes types of activity and other criteria based on which reference of the objects making negative impact on the environment to objects І, II or III categories is performed.
The types of activity which are not specified in appendix 2 to this Code or not corresponding to the criteria stated in it belong to category objects IV.
3. Concerning objects І and the II categories the term "object" means stationary technological object (the company, production) within which one or several types of activity specified in Section 1 (for objects І categories) or Section 2 (for category objects II) appendices 2 to this Code are performed, and also technologically directly related any other types of activity which are performed within the same industrial platform on which such object is placed.
Concerning category objects III the term "object" means the building, construction, their complex, the platform or the territory within which the types of activity specified in the Section 3 of appendix 2 to this Code are performed.
Criteria according to which installation and construction works and works on recultivation and (or) liquidation made on objects of different categories belong to I to II, III or IV category, are established in the instruction for determination of category of the object making negative impact on the environment.
4. Reference of object to categories is performed according to requirements of Item 2 of this Article:
1) concerning the planned activities which are subject according to this Code to obligatory environmental impact assessment - when carrying out obligatory environmental impact assessment;
2) concerning the planned activities which are subject according to this Code to obligatory screening of impacts of the planned activities - when carrying out screening of impacts of the planned activities;
3) concerning other planned activities which are not specified in the subitem 1) or 2) of this Item - independently the operator taking into account requirements of this Code.
The instruction for determination of category of the object making negative impact on the environment affirms authorized body in the field of environmental protection.
5. In case of reference of objects to the corresponding category are considered:
1) levels of negative impact on the environment on types of activity (industry, part of industry, production, object);
2) the toxicity level, cancerogenic and mutagen properties of the pollutants containing in emissions, dumpings of pollutants and also classification of waste.
6. The operator of object in this Code is understood as physical person or legal entity, in property or other legal use of which there is object making negative impact on the environment.
Operators of object the physical persons and legal entities involved by the operator of object for accomplishment of separate works and (or) rendering separate services in case of construction, reconstruction, operation and (or) liquidation (post-utilization) of the object making negative impact on the environment are not recognized.
1. Everyone has the right to the favorable environment.
2. For the purpose of providing the right of each person of the present and future generations to live in the favorable environment the state recognizes and guarantees the following rights of the public:
1) on access to timely, complete and reliable ecological information according to the laws of the Republic of Kazakhstan;
2) on participation in the process of acceptance by state bodies and officials of decisions on the questions concerning the environment, according to the procedure established by this Code;
3) on participation in discussion of projects of regulatory legal acts concerning environmental protection and introduction of the notes to developers for consideration according to the Law of the Republic of Kazakhstan "About legal acts";
4) to address authorized body in the field of environmental protection and to other state bodies, officials according to their competence with the statement for any expected facts of causing ecological damage, violation of requirements of the ecological legislation of the Republic of Kazakhstan or for other circumstances creating threat of approach of such effects and also to receive replies of the relevant state bodies and officials about results of consideration of the applications and the made decisions according to the procedure, established by the laws of the Republic of Kazakhstan;
5) on appeal to the court with the statement for contest of legality of actions (failure to act) and decisions of state bodies, local government bodies, officials and government employees concerning environmental protection including connected with elimination of the caused ecological damage and suppression of violation of requirements of the ecological legislation of the Republic of Kazakhstan;
6) on appeal to the court according to the civil and civil procedural legislation of the Republic of Kazakhstan for protection of the property or non-property benefits and rights to which harm as a result of violation by the third parties of requirements of the ecological legislation of the Republic of Kazakhstan is done;
7) on participation in public environmental control according to the legislation of the Republic of Kazakhstan.
3. In this Code the public is understood as one or more than one physical person or legal entity, non-profit organizations, and also associations, the unions or other associations.
4. Preserving the nature and careful attitude to its resources are debt and obligation of all physical persons and legal entities.
Physical persons and legal entities shall observe requirements of the ecological legislation of the Republic of Kazakhstan, and also shall help environmental measures.
5. Legal entities and individual entrepreneurs perform at own expense necessary environmental measures, including on prevention of environmental pollution, degradation of the environment, causing ecological damage in any form and the threats connected with it for life and (or) health of the person which can result from implementation of their activities, and also perform other duties in the field of environmental protection established by this Code.
6. Physical persons and legal entities have other rights and perform other duties established by the laws of the Republic of Kazakhstan.
Non-profit organizations when implementing the activities in the field of environmental protection, in addition to the rights, stipulated in Article the 13th of this Code, also have the right:
1) at the expense of own or raised funds to develop, propagandize and realize actions in the field of environmental protection, to involve physical persons and legal entities on a voluntary basis, on non-paid or paid basis in vigorous activity in the field of environmental protection;
2) to perform works on environmental protection and improvement of its quality;
3) to address behind protection of the rights, freedoms and legitimate interests of physical persons and legal entities, including to court, and also to appeal legality of actions (failure to act) and decisions of state bodies, local government bodies, officials and government employees for the benefit of the uncertain group of people;
4) together with authorized state bodies in the field of environmental protection, protection, reproduction and use of natural resources to take part in ensuring protection, reproduction and steady use of natural resources, protection of especially protected natural territories and objects of the state natural and reserved fund;
5) to initiate, organize carrying out public hearings, public environmental control and to participate in them according to the legislation of the Republic of Kazakhstan;
6) to perform actions for ecological education and ecological education, to conduct researches in the field of environmental protection according to the legislation of the Republic of Kazakhstan;
7) to carry out independent environmental monitoring of state of environment, to create and keep electronic databases.
1. The interested public has the right to participate in process of carrying out ecological assessment and other procedures for which participation of the public is provided, on conditions and according to the procedure, established by this Code, and also adoptions by state bodies, local government bodies, official and other persons of decisions on the questions concerning the environment.
2. The interested public in this Code is understood as the public which interests are infringed or can be mentioned in the made decisions on the questions concerning the environment or which is interested to participate in process of adoption of these decisions.
Non-profit organizations among which authorized purposes assistance to environmental protection in general appears or its separate elements, are considered as the organizations having interest.
3. Within the procedures determined by this Code representatives of the interested public have the right to provide any notes, information, the analysis or opinions which they consider concerning the planned activities or the made decision, in written or electronic form and orally, including during public hearings when their carrying out is provided by this Code.
4. Results of participation of the public shall be reflected in the relevant decisions made by state body or the official on the questions concerning the environment.
5. The state bodies or officials who made the decision on the questions concerning the environment shall inform without delay on it the interested public by representation by it according to the procedure, determined by this Code, the text of the decision together with specifying of the reasons and arguments which were basis of this decision.
1. State bodies, local government bodies and officials shall render assistance of the public in realization of its rights in the field of environmental protection.
2. The officials who are not providing within the competence realization of the rights of the public provided by this Code, or the interfering their realization bear responsibility according to the laws of the Republic of Kazakhstan.
1. Ecological information means any information in written, visual, sound, electronic or any other material forms:
1) about condition of components of the environment, natural and natural and anthropogenous objects, natural complexes, objects of the state natural and reserved fund, biodiversity, including genetically modified organisms, and interaction between them, and also about ecosystem services, gene pool and genetic resources of live organisms;
2) about the factors rendering and (or) capable to make impact on the elements specified in the subitem 1) of this Item;
3) about the administrative, legislative, program and other measures, including the developed regulatory legal acts undertaken by the state, politicians, the plans, programs and agreements in the field of the environment rendering and (or) capable to make impact on the elements and factors specified in the subitems 1) and 2) this Item including planned, realized or the executed measures and actions directed to protection of the elements specified in the subitem 1) of this Item;
4) about the activities of state bodies, physical persons and legal entities rendering and (or) capable to make impact on the elements and factors specified in the subitems 1) and 2) of this Item and also planned realized or the executed measures and actions directed to protection of such elements;
5) about the ecological legislation of the Republic of Kazakhstan and reports on its application;
6) about cost analysis and benefits, other types of the economic analysis and assumptions used in case of adoption by state bodies and officials of decisions within the planned measures and the implementation of activities provided by subitems 3) and 4) of this Item;
7) about the state of health of people, ecological safety, including, when applicable, concentration of pollutants in food chain, ecological conditions of accommodation of people, condition of objects of culture, buildings and constructions in that degree in what influence them or can influence condition of the elements of the environment specified in the subitem 1) of this Item or through these elements the factors, activities or measures specified in subitems 2), 3) and 4) of this Item;
8) about vulnerability to climate change, about the existing and predicted climate change impacts, and also measures for adaptation to climate change.
2. Ecological information is public and is not subject to restriction and classification.
1. The public has the right to access to complete, reliable and timely ecological information which state bodies have, including them made or received, or being in ownership of any physical person or legal entity operating at the request of state body.
2. Owners of ecological information shall provide ecological information on request, except as specified, stipulated in Article the 20th of this Code. Nobody has the right to demand from the applicant who made inquiry about provision of ecological information, representation of reasons for the interest in receipt of such information.
3. Owners of ecological information are recognized:
1) bodies and organizations of legislative, executive and judicial branches of the government, local public administration and self-government;
2) the public institutions which are not state bodies activities or services of which are related to the environment;
3) subjects of the quasi-public sector, activities or services of which are related to the environment;
4) physical persons and legal entities - regarding the ecological information which had by them.
4. The public has also the right to open and free entry to the public state electronic information resources containing ecological information.
1. Ecological information shall be provided to the applicant in the form specified in the corresponding request about provision of ecological information except cases when:
1) there are objective and reasonable grounds to present her in other form with indication of such bases;
2) she was presented to the public in other form earlier.
2. In the presence of such specifying in request about provision of ecological information to the applicant shall be provided also to the copy of the actual documentation which is containing or including the relevant ecological information.
1. Terms, procedure for provision and refusal in provision of ecological information are established by the Administrative procedural Procedure Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About information access" taking into account requirements of this Code.
2. Access to the ecological information relating to assessment procedure of impact on the environment and to decision making process on the planned activities, is provided according to this Code.
3. Provision of access to ecological information it shall be refused:
1) if content of request does not allow to establish required ecological information;
2) if the request does not conform to requirements of the Law of the Republic of Kazakhstan "About information access";
3) if it entails violation of the law of the Republic of Kazakhstan about personal data and their protection;
4) if in request the question of legal treatment of the acts adopted by the owner of ecological information, carrying out the analysis of activities of the owner of ecological information or bodies and the organizations subordinated to it or other analytical work before its completion is put;
5) before decision making by results of the inspections which are carried out within the state control and supervision;
6) before acceptance of the final decision developed following the results of interdepartmental and interdepartmental correspondence or meetings in state bodies;
7) before adoption of the mutual agreement on conditions of disclosure of contents of the documents which arrived from foreign states or the international organizations;
8) if it entails violation of intellectual property rights;
9) if it entails violation of confidentiality of primary statistical data.
Information on quantitative and qualitative indexes of issues to the environment cannot be recognized as the commercial or protected by the law other secret.
4. When information which is not subject to disclosure according to Item 3 of this Article can be separated without prejudice to its confidentiality other information, the last shall be presented to the applicant.
5. In cases when the state body has no required ecological information, the received request in the terms established by the legislation of the Republic of Kazakhstan is redirected to the relevant state body with the notification of the applicant on it.
1. The state provides measures for collection and distribution of ecological information, including by means of:
1) maintaining and placement in open access of the register of emissions and transfer of pollutants of the Republic of Kazakhstan;
2) developments and publications of the National report on state of environment and about use of natural resources of the Republic of Kazakhstan;
3) maintaining the state fund of ecological information and provision of open entry to it;
4) regular distribution of ecological information to mass media, networks of telecommunications or on online platforms, and also within the events for ecological education held by state bodies.
2. State bodies shall give support of the public in questions of receipt of information access, including by means of provision of the complete information about type and amount of the ecological information which is at the disposal of the relevant state bodies and on conditions and procedure for provision of such information and access to it.
3. The local executive body of area, city of republican value, the capital places on official Internet resource:
1) annually till May 1 for previous year:
the approved target indicators of quality of the environment and the actual results of all corresponding indicators;
information on the realization course at the local level of the state environmental policy;
data on the total amount of the payment for negative impact on the environment which arrived in the local budget;
information on the total amount of penalties for violation of standard rates of admissible anthropogenous impact on the environment from the subsoil users imposed according to the legislation of the Republic of Kazakhstan on administrative offenses and subjects to transfer in the location of the object making negative impact on the environment;
information on the total amount of the means received from subsoil users and the organizations of oil sector for compensatory actions;
2) quarterly no later than the 15th following the accounting period:
report on the course of implementation of the actions plan on environmental protection and expenses of the local budget on such actions;
aggregated data according to the adopted declarations on impact on the environment.
4. The authorized body in the field of environmental protection 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.
1. The register of emissions and transfer of pollutants - the structured electronic database about condition of emissions of pollutants to the environment and levels of environmental pollution placed in open access on official Internet resource which is kept for the purpose of providing the right of everyone to access to ecological information and participation of the public in decision making process on the questions concerning the environment and also assistance to prevention and reducing environmental pollution.
2. The authorized body in the field of environmental protection will organize maintaining the register of emissions and transfer of pollutants.
Maintaining the register of emissions and transfer of pollutants is performed by the subordinated organization of authorized body in the field of environmental protection.
Rules of maintaining the register of emissions and transfer of pollutants affirm authorized body in the field of environmental protection.
3. For the purposes of this Article concerning the register of emissions and transfer of pollutants:
1) the term "pollutant" means substance or group of substances which can be harmful to the environment, life and (or) health of the person owing to their properties and as a result of introduction of such substances to the environment and which are included in the list of pollutants for the reporting under industries established by rules of maintaining the register of emissions and transfer of pollutants;
2) the term "emission" means any introduction of pollutants to the environment as a result of any activities irrespective of whether it is intended or emergency, planned or unplanned, including flood on the land surface and water objects, issue in atmospheric air, dumping of pollutants into water objects, downloading pollutants in subsoil, waste disposal or their placement on the land surface or through systems of the sewerage without final sewage treatment;
3) the term "transfer" means movement out of limits of object of the pollutants or waste intended for removal or recovery, and also the pollutants containing in the sewage intended for cleaning;
4) the term "object" means one or several industrial plants on the same site or adjacent sites which are in property of the same person or are operated by the same person.
4. Information of the register of emissions and transfer of pollutants is provided with binding to the corresponding cartographic materials for the purpose of its evident representation on the area.
5. The register of emissions and transfer of pollutants is kept:
1) in binding to specific objects - concerning the reporting under stationary organized sources;
2) separately by each type of pollutant and each type of waste - according to the list of pollutants for the reporting under industries established by rules of maintaining the register of emissions and transfer of pollutants;
The authorized body approves the relevant instructive-methodological documents, including method of calculation of emissions of heavy metals and resistant organic pollutants, no later than July 1, 2024 in time
3) on the basis of determination of issues to the environment - according to instructive-methodological documents.
Instructive-methodological documents of determination of issues to the environment, including method of calculation of emissions of heavy metals and resistant organic pollutants, affirm authorized body in the field of environmental protection.
6. The register of emissions and transfer of pollutants contains information on the standard rates of quality of the environment existing in the Republic of Kazakhstan, influence of pollutants on health of the population and the environment, other evidence-based information on emissions and transfers of pollutants, and also information on the objects performing emissions of pollutants in the Republic of Kazakhstan.
7. Information on each object provided in the register of emissions and transfer of pollutants shall contain:
1) the name, business and identification number, the postal address, the geographical location (object coordinate) and type or types of activity of object according to which the reporting, and also name and surname of the first head is submitted;
2) the name and identification number of each pollutant according to which it is required to represent the reporting;
3) quantity of each pollutant which emission was performed on object for accounting year (as in total, and in breakdown on emissions in air, water or the earth, including downloading pollutants in subsoil);
4) the number of the waste postponed out of object limits for accounting year (in case of exceeding of transfer out of limits of object of two tons per year for dangerous wastes or two thousand tons per year for harmless waste), with differentiation between dangerous and harmless wastes, specifying according to mark "In" or "At" (depending on purpose of waste for recovery or removal), and in case of cross-border transfer of dangerous wastes - the name and the address of the subject performing recovery or waste disposal, the geographical location of object on which transfer arrives;
5) quantity of each pollutant in sewage by which it is required to represent the reporting and which is transferred out of object limits within accounting year;
6) type of the methodology used for receipt of information on quantity of pollutants and waste with indication of whether information is based on measurements, calculations or estimates.
8. The operators of objects specified in Item 9 of this Article shall represent annually till April 1 to the register of emissions and transfer of pollutants the reporting for the previous calendar year containing information according to Item 7 of this Article.
Accounting year calendar year to which such information belongs is.
9. The obligation on submission of the reporting, stipulated in Item the 8th this Article, extends to operators of objects which perform one or more types of activity over the applicable threshold values for capacity of production established in rules of maintaining the register of emissions and transfer of pollutants and correspond to any of following criteria:
1) is performed by emissions of any pollutants in the quantities exceeding applicable threshold values;
2) perform transfer out of limits of the industrial platform of any pollutant occupied by object in the sewage intended for cleaning in the quantities exceeding applicable threshold values.
Applicable threshold values for the number of emissions and transfer of pollutants in the Republic of Kazakhstan according to part one of this Item are established by rules of maintaining the register of emissions and transfer of pollutants.
10. Information in the register of emissions and transfer of pollutants is provided by operators by means of filling of form of the reporting in information system of the register of emissions and transfer of pollutants and signings of this form with the digital signature of person authorized by the relevant operator on provision from his name of information in the specified register.
11. Determination of emissions and transfer of pollutants is performed by the operator with use of the best available information which is determined according to rules of maintaining the register of emissions and transfer of pollutants. Data by means of which reporting information was obtained and also the description of the used methodology of data collection shall be stored by the operator within five years since the end of the corresponding accounting year.
12. The authorized body in the field of environmental protection places information provided by operators in the register of emissions and transfer of pollutants in open access.
Responsibility for completeness and quality of provided information is born by the operator.
13. Information shall join in the register of emissions and transfer of pollutants and to be available to the public no later than fifteen months from the moment of the termination of each accounting year.
14. Data of the register of emissions and transfer of pollutants shall be available to the public for the period at least ten previous reporting years from the moment of implementation of the register of emissions and transfer of pollutants.
15. The register of emissions and transfer of pollutants shall provide possibility of search of emissions and transfer of pollutants and their identification on:
1) to object and its geographical location;
2) to type of activity;
3) to the operator of object;
4) to pollutant and (or) waste;
5) to each component of the environment in which emissions are performed;
6) to terminal point of transfer of pollutants and in appropriate cases - on transaction types on removal or recovery of waste.
1. The national report on state of environment and on use of natural resources of the Republic of Kazakhstan (further - the National report) is the analytical report about state of environment and about use of natural resources of the Republic of Kazakhstan which is constituted on annual basis for the purpose of informing the population on the actual ecological situation in the territory of the Republic of Kazakhstan and the measures taken on its improvement.
2. Rules of development of the National report, and also development and maintaining the Interactive report on state of environment and about use of natural resources of the Republic of Kazakhstan affirm authorized body in the field of environmental protection.
3. In the National report the following data are reflected:
1) about high-quality and quantitative characteristics of the environment and natural resources;
2) about anthropogenous impact on the environment, including the main socially significant environmental problems;
3) about ecological situation in regions, including data on target indicators of quality of the environment;
4) about the changes made to the ecological legislation of the Republic of Kazakhstan for the accounting period;
5) about realization of the state environmental policy and policy in the field of use of natural resources of the Republic of Kazakhstan, including regarding transition of the Republic of Kazakhstan to "green" economy and sustainable development;
6) about impacts of climate change, the predicted impacts of climate change, vulnerability to climate change and measures for adaptation to climate change;
7) about accomplishment of the international obligations of the Republic of Kazakhstan in the field of environmental protection.
4. The central state bodies and local executive bodies annually till March 1 of the year following reporting provide information for creation of the National report according to rules of development of National and Interactive reports on state of environment and about use of natural resources of the Republic of Kazakhstan.
5. The authorized body in the field of environmental protection based on the available data, and also information provided by the central state bodies and local executive bodies will organize development of the National report and its publication on official Internet resource.
Development of the National report is performed by the subordinated organization of authorized body in the field of environmental protection.
1. For the purpose of distribution of information on state of environment and about use of natural resources in the form available to understanding wide range of persons, and for expansion of access for the public to such information the authorized body in the field of environmental protection will organize annual development of the Interactive report on state of environment and about use of natural resources of the Republic of Kazakhstan (further - the Interactive report).
2. The interactive report is developed based on the National report for previous year and is placed on official Internet resources of person responsible for its development, and authorized body in the field of environmental protection.
1. The state fund of ecological information represents system of centralized collection, accounting, systematization, storage, distribution of the ecological information and other normative, statistical, accounting, reporting, scientific and analytical information concerning environmental issues, natural resources, sustainable development and ecology in written, electronic, audiovisual or other forms.
2. The state fund of ecological information is conducted for the purpose of ensuring realization of the right of the public to access to ecological information, ecological education and increase in ecological culture of the population, and also information support of state bodies.
3. Rules of maintaining the state fund of ecological information affirm authorized body in the field of environmental protection.
4. The authorized body in the field of environmental protection will organize maintaining the state fund of ecological information.
Maintaining the state fund of ecological information is performed by the subordinated organization of authorized body in the field of environmental protection.
5. Information of the state fund of ecological information electronically is placed in open access on Internet resource according to rules of maintaining the state fund of ecological information.
6. State bodies provide information in the state fund of ecological information according to rules of maintaining the state fund of ecological information.
7. Sources of information of the state fund of ecological information are:
1) state inventories of natural resources;
2) state inventory of waste;
3) state inventory of consumption of ozone-depleting substances;
4) state carbon inventory;
5) state register of carbon units;
6) National plan of carbon quotas;
7) the deposits of the Republic of Kazakhstan determined at the national level on emission reduction of greenhouse gases;
8) the actions plan on emission reduction of greenhouse gases for the corresponding period and reports on accomplishment of the deposits of the Republic of Kazakhstan determined at the national level on emission reduction of greenhouse gases;
9) register of emissions and transfer of pollutants;
10) the national report of the Republic of Kazakhstan on the inventory of anthropogenic emissions from sources and absorption by absorbers of the greenhouse gases which are not regulated by the Montreal protocol on the substances destroying ozone layer;
11) state register of objects of historical pollution;
12) materials of environmental impact assessment and state environmental assessment, including protocols of public hearings;
13) materials by strategic ecological assessment according to Item 7 of article 60 of this Code;
14) the international agreements concerning environmental protection which participant is the Republic of Kazakhstan;
15) the documents of System of state planning in the Republic of Kazakhstan raising the questions of environmental protection and use of natural resources;
16) regulatory legal acts and normative and technical documents in the field of environmental protection and use of natural resources;
17) the reference books on the best available technicians developed according to requirements of this Code;
18) information connected with the climate change impacts predicted by climate change impacts, vulnerability to climate change and measures for adaptation to climate change;
19) reports on accomplishment of the research and development works connected with environmental protection and use of natural resources;
20) national reports on state of environment and on use of natural resources of the Republic of Kazakhstan;
21) cards of ecological sensitivity for liquidation of oil spills at the sea, internal reservoirs and in safety zone of the Republic of Kazakhstan;
22) reports on results of control and law-enforcement activities in the field of environmental protection and use of natural resources;
23) the issued ecological permissions, including programs of increase in ecological efficiency, the management program waste, actions plans on environmental protection, programs of production environmental control, reports on results of production environmental control, and also the provided declarations on impact on the environment;
24) data of the state environmental monitoring;
25) register (list) of genetically modified organisms and products;
26) scientific and technical and analytical literature in the field of ecology;
27) the actions plans on environmental protection approved by local representative bodies of areas, cities of republican value, the capital and reports on their execution;
28) other materials and documents containing ecological information.
In the field of environmental protection Government of the Republic of Kazakhstan:
1) develops the main directions of the state environmental policy and will organize their implementation;
2) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023
3) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023
4) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023
5) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023
1. Authorized body in the field of environmental protection is the central executive body performing management and cross-industry coordination in the field of environmental protection, meteorological and hydrological monitoring.
2. The authorized body in the field of environmental protection creates and realizes single state environmental policy by means of:
1) developments and approvals of regulatory legal acts in the field of environmental protection in the cases provided by this Code;
2) carrying out coordination within the competence of activities of the central and local executive bodies regarding implementation of activities by them in the field of environmental protection;
3) licensing of activities in the field of environmental protection;
4) issues of ecological permissions within the competence established by this Code;
5) acceptance of notifications on the beginning or the termination of business activity in the cases provided by this Code;
6) conducting the state environmental assessment within the competence established by this Code;
7) implementation of the state environmental control;
8) developments and the organizations of implementation of the actions for environmental protection important at the republican level;
9) implementation of state regulation in the field of emissions and absorption of greenhouse gases;
10) implementation of state regulation in the field of protection of ozone layer of Earth;
11) approvals of actions plans on environmental protection of local executive bodies of areas, cities of republican value, the capital;
12) implementation of international cooperation in the field of environmental protection;
12-1) implementation of realization of state policy on accomplishment of obligations according to international treaties of the Republic of Kazakhstan in the field of climate change;
13) accomplishment of other functions assigned to it by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Distribution of the functions and powers provided by subitems 4) - 7) parts one of this Item, and also Chapter 7 of this Code, between authorized body in the field of environmental protection, its departments and territorial subdivisions is established by authorized body in the field of environmental protection.
1. Single state environmental policy of the Republic of Kazakhstan is implemented in the main directions developed by the Government of the Republic of Kazakhstan.
2. Local executive bodies of areas, cities of republican value, the capital taking into account the approved target indicators of quality of the environment bear responsibility for realization of the state environmental policy at the local level according to the legislation of the Republic of Kazakhstan.
3. In case of realization of the state environmental policy at the central and local levels observance of the right of the interested public to participation in decision making process on the questions concerning environmental protection according to this Code shall be provided.
4. State bodies and officials within the competence provide measures for ecological education and increase in ecological culture of physical persons and legal entities, and also create necessary conditions for their attraction on voluntary basis to realization of the state environmental policy.
1. Actions for environmental protection is the complex of the technological, technical, organizational, social and economic measures directed to environmental protection and improvement of its quality.
2. The actions for environmental protection financed by budgetary funds are determined according to the directions established by documents of System of state planning in the Republic of Kazakhstan and also decisions of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and local representative bodies.
3. Actions for environmental protection will be organized:
1) at the local level - local executive bodies of areas, cities of republican value, the capital;
2) at the republican level - authorized body in the field of environmental protection.
4. Actions belong to actions for environmental protection:
1) aimed at providing ecological safety;
2) improving condition of components of the environment by means of increase in quality characteristics of the environment;
3) the promoting stabilization and to improvement of condition of ecological systems, preserving and steady use of biodiversity, reproduction of natural resources;
4) the warning and preventing environmental pollution, degradation of the environment, causing ecological damage in any form and the threats connected with it for life and (or) health of the person;
5) aimed at providing safe management of dangerous chemicals, including resistant organic pollutants, decrease in level of chemical, biological and physical impacts on the environment of both anthropogenous, and natural nature;
6) the enhancing methods and technologies directed to environmental protection, steady use of natural resources and implementation of international standards of management of environmental protection;
7) increasing efficiency of production environmental control;
8) the creating information systems in the field of environmental protection and promoting provision of ecological information;
9) promoting promotion of ecological knowledge, ecological education and education for sustainable development;
10) directed to reducing amounts of emissions of greenhouse gases and (or) increase in absorption of greenhouse gases;
11) directed to carrying out research and development works in the field of environmental protection.
5. Actions for environmental protection of local executive bodies of areas, cities of republican value, the capital with participation of representatives of the interested public are held on the basis and according to actions plans on environmental protection.
The actions plan on environmental protection is developed on three-year perspective by local executive body of area, city of republican value, the capital proceeding from the standard list of actions for environmental protection provided by appendix 4 to this Code.
The draft of the actions plan on environmental protection undergoes the procedure of public hearings according to rules of carrying out public hearings.
After approval of authorized body in the field of environmental protection the actions plan on environmental protection affirms the relevant local representative body of area, city of republican value, the capital.
The procedure for plan development of actions for environmental protection is developed and affirms authorized body in the field of environmental protection.
6. Local executive bodies of areas, cities of republican value, the capital annually submit the performance report of the actions plan on environmental protection in the relevant local representative body of area, city of republican value, the capital and authorized body in the field of environmental protection no later than February 1 after the reporting period.
7. The approved actions plan on environmental protection is implemented at the expense of budgetary funds in amount at least amounts of payment for negative impact on the environment, penalties for violation of standard rates of admissible anthropogenous impact on the environment from the subsoil users imposed according to the legislation of the Republic of Kazakhstan on administrative offenses and subjects to transfer in the location of the object making negative impact on the environment, the means received from subsoil users and the organizations of oil sector for compensatory actions which arrived in the local budget within three years preceding year of development and approval of this actions plan.
In case of insufficiency of the means created of the arrived amounts of payment for negative impact on the environment, penalties for violation of standard rates of admissible anthropogenous impact on the environment from the subsoil users imposed according to the legislation of the Republic of Kazakhstan on administrative offenses, the means received from subsoil users and the organizations of oil sector for compensatory actions and directed to actions for environmental protection, the approved actions plan on environmental protection can be changed only in coordination with authorized body in the field of environmental protection.
8. Actions for environmental protection of local executive bodies of areas, cities of republican value, the capital can be performed in addition at the expense of other sources which are not prohibited by legal acts of the Republic of Kazakhstan.
For the purpose of realization of the state environmental policy state bodies and officials shall render within the competence assistance to authorized body in the field of environmental protection when implementing its functions.
State regulation of the ecological relations is performed by means of establishment of the ecological requirements by the state obligatory for execution by subjects of the relations regulated by this Code, and use of instruments of state regulation in the field of environmental protection according to this Code.
Ecological requirements are understood as rules, requirements, the restrictions and prohibitions established by the ecological legislation of the Republic of Kazakhstan which are aimed at providing environmental protection.
1. Instruments of state regulation in the field of environmental protection are understood as set of the measures, actions and procedures aimed at ensuring compliance with ecological requirements.
2. Instruments of state regulation in the field of environmental protection are:
1) licensing of activities in the field of environmental protection;
2) ecological regulation;
3) technical regulation in the field of environmental protection;
4) ecological assessment;
5) state environmental assessment;
6) ecological permissions and declarations on impact to the environment;
7) monitoring of the environment and natural resources;
8) state environmental control;
9) notifying procedure for activities for collection, sorting and (or) transportation of waste;
10) instruments of state regulation in the field of emissions and absorption of greenhouse gases.
1. The work types and services of physical persons and legal entities in the field of environmental protection which are subject to licensing are determined according to the Law of the Republic of Kazakhstan "About permissions and notifications".
2. Qualification requirements to the licensed type of activity in the field of environmental protection on their subspecies affirm authorized body in the field of environmental protection.
1. Ecological regulation consists in establishment of ecological standard rates of quality, target indicators of quality of the environment and standard rates of admissible anthropogenous impact on the environment.
2. Ecological regulation is performed by the state for the purpose of guaranteeing preserving the favorable environment and providing ecological safety of state regulation of activities of the person for prevention and (or) decrease in its negative impact on the environment and human health.
3. The state body in case of development and approval of regulatory legal act or adoption of the substandard legal act which implementation negative impact on the environment results and can occur shall consider, based on the principle of integration, need of achievement of ecological standard rates of quality and the target indicators of quality of the environment established for the corresponding administrative and territorial units.
When implementing town-planning development planning and building of the territories placement of the new selitebny territories within zones in which observance of the ecological standard rates of quality directed to health protection of the person is not provided is not allowed.
4. Decisions, the actions (failure to act) of state body or the official violating the requirement of Item 3 of this Article can be disputed according to the procedure, established by the legislation of the Republic of Kazakhstan.
1. Ecological standard rates of quality are understood as the set of quantity and quality characteristics established by the state concerning condition of separate components of the environment which achievement and maintenance are necessary for providing the favorable environment.
2. Based on ecological standard rates of quality assessment of current status of the environment is performed and standard rates of admissible anthropogenous impact on it are established.
3. Ecological standard rates of quality are developed and installed according to this Code separately for each of the following components of the environment:
1) atmospheric air;
2) surface and underground water;
3) soils and lands.
4. Treat ecological standard rates of quality:
1) the standard rates established for chemical indicators of condition of components of the environment;
2) the standard rates established for physical factors of the environment;
3) the standard rates established for biological indicators of condition of components of the environment.
5. Ecological standard rates of quality for chemical indicators of condition of components of the environment are established in the form of threshold limit values of pollutants.
The threshold limit value of pollutant is understood as the maximum quantity (weight) of the pollutant included in the list of pollutants in unit of volume or the mass of atmospheric air, surface or underground water, the soil or per acre the land surface which (which) in case of permanent or temporary impact per capita does not influence his health and does not cause adverse heritable changes in posterity, and also degradation of objects of the environment, does not break stability of ecological systems and biodiversity.
Ecological standard rates of quality for chemical indicators of condition of components of the environment are installed separately from the point of view of influence on health of the person and the environment (ecosystems, animal and flora).
6. Ecological standard rates of quality for physical factors of the environment are established in the form of maximum permissible levels of negative physical impacts on the environment.
Maximum permissible level of negative physical impact is understood as the maximum level of separate types of physical impact (noise, vibration, electric, electromagnetic, magnetic fields, radiation, heat) in case of which there are no harmful effects on condition of animals, plants, ecological systems and biodiversity.
7. Ecological standard rates of quality for biological indicators of condition of components of the environment are established concerning separate types and groups of plants, animal and another used as indicators of quality of the environment of organisms at the level of their natural indicators or in the form of interval of acceptable deviation from such natural indicators taking into account properties of the environment and its capability on maintenance and recovery of the quality.
8. Ecological standard rates of quality from the point of view of influence on the environment are established taking into account the environment created under the influence of the natural factors characteristic of the specific territory or the water area, and also purpose of use of such territories or water areas established according to the legislation of the Republic of Kazakhstan.
9. In case of establishment of ecological standard rates of quality of waters of cross-border reservoirs and water currents requirements of the corresponding international treaties ratified by the Republic of Kazakhstan shall be considered.
10. Regulations and standard rates in the field of use of natural resources which are established according to the legislation of the Republic of Kazakhstan on use of the corresponding type of natural resources do not belong to ecological standard rates.
11. For the purpose of preserving and improvement of especially protected natural territories for these territories taking into account their special nature protection status according to this Code more strict ecological standard rates of quality can be developed and claimed, than those which are established for all territory of the Republic of Kazakhstan.
12. Ecological standard rates of quality are developed by authorized body in the field of environmental protection based on results of laboratory researches, scientific research and the international experience, and also for the specific territories and water areas - based on data long-term (at least five years) observations of state of environment in such territories and in such water areas.
13. Ecological standard rates of quality are established on indicators, control of which observance is provided with availability of the control and measuring equipment and the corresponding techniques (methods) of the measurements, methods of indication, testing and (or) control approved according to the legislation of the Republic of Kazakhstan.
14. Ecological standard rates of quality are developed and established taking into account values of natural background of the corresponding component of the environment. The natural background of component of the environment is determined based on results long-term (at least five years) observations of state of environment and sampling and (or) measurements by chemical, biological and physical indicators of component of the environment on reference sites.
15. As the reference site the territory, the water area or its part which are located within the representative especially protected natural territory (water area), and in the absence of such especially protected natural territory (water area) - in the territory or in the water area which has similar natural features and which condition is characterized by lack of signs of oppression of live elements of natural ecological system is accepted (plants, animal and other organisms).
Criteria and procedure for the choice of the territory, the water area or its part as the reference site are determined in rules of development and review of the ecological standard rates of quality approved by authorized body in the field of environmental protection.
16. Ecological standard rates of quality affirm authorized body in the field of environmental protection for a period of ten years and are subject to revision after the specified term based on updated scientific knowledge of the environment, the natural and anthropogenous factors influencing its quality and also taking into account development of methods, the technician and technologies of monitoring and control. Ecological standard rates of quality are also subject to revision no later than the first year after entry into force of the international obligations of the Republic of Kazakhstan concerning environmental protection requiring taking measures to introduction of more strict ecological standard rates of quality.
1. Target indicators of quality of the environment (further - target indicators of quality) are understood as set of quantity and quality characteristics of condition of separate components of the environment and other indicators characterizing the level of providing environmental measures and to effective management of waste which shall be reached for certain period of time.
2. Target indicators of quality are established at the level of each area, the city of republican value and the capital.
3. Local executive bodies of areas, cities of republican value, the capital shall develop target indicators of quality for each five-year period.
4. Developed target indicators of quality are subject to approval of authorized body in the field of environmental protection and affirm local representative bodies of the corresponding administrative and territorial units.
5. The target indicators of quality developed and approved for each area shall contain the corresponding indicators both for area in general, and for the following territories within area:
1) areas;
2) settlements with the quantity of the population exceeding 100 000 people;
3) other settlements within which by results of monitoring of state of environment violation of ecological standard rates of quality is revealed;
4) especially protected natural territories;
5) other territories (water areas) within which by results of monitoring of state of environment violation of ecological standard rates of quality is revealed.
6. Rules of development of target indicators of quality, including the minimum list of indicators for which target indicators of quality are established affirm authorized body in the field of environmental protection taking into account provisions of this Code.
7. Without fail join in the list of the minimum indicators for which target indicators of quality are established:
1) quality of atmospheric air;
2) quality of surface and underground water;
3) quality of lands and soils;
4) the total area of the woods and green plantings taking into account conditions of climate and soils of each certain region;
5) reducing degradation and desertification of lands;
6) the total volume of emissions by types of pollutants;
7) the total volume of dumpings by types of pollutants and on each separate water object and the pool;
8) by types of utility waste - share of their separate collection, preparation for reuse, conversions, utilizations and removals (destructions and (or) burials);
9) total volumes of emission reduction of greenhouse gases.
8. For administrative and territorial units, the territories (water areas), on (in) which ecological standard rates of quality are not observed, target indicators of quality shall be established so that to provide step-by-step achievement of ecological standard rates of quality in time, not exceeding ten years.
9. In the territories of the corresponding administrative and territorial units in which ecological standard rates of quality are observed the target indicators of quality providing higher quality level of the environment in comparison with ecological standard rates of quality including for the indicators which are not entering the list of the minimum indicators for which target indicators of quality are established can be established.
1. Standard rates of admissible anthropogenous impact on the environment - ecological standard rates which are established for indicators of impact of anthropogenous activities on the environment.
2. On the environment treat standard rates of admissible anthropogenous impact:
1) standard rates of issues;
2) technological standard rates;
3) limits of accumulating of waste, waste disposal limits;
4) standard rates of admissible physical impacts on the environment;
5) limits of placement are gray in open form on sulfuric cards;
6) standard rates of permissible cumulative anthropogenous load on the environment.
3. Observance of standard rates of admissible anthropogenous impact on the environment, except for technological standard rates, shall provide observance of standard rates of quality of the environment.
4. Requirements to emissions for different ecological classes of vehicles and internal combustion engines and to content of pollutants in types of fuel are established in technical regulations of the Eurasian Economic Union.
1. Standard rates of issues are understood as extreme set of quantitative and qualitative indexes of the issues established in ecological permission.
2. Treat standard rates of issues:
1) standard rates of admissible emissions;
2) standard rates of admissible dumpings.
3. Standard rates of issues are established by the types of pollutants included in the list of pollutants according to part three of Item 2 of article 11 of this Code.
4. Standard rates of issues are established on the separate stationary sources relating to objects І and the II categories at the levels which are not exceeding:
1) in case of carrying out obligatory environmental impact assessment - the corresponding extreme values specified in the conclusion by results of environmental impact assessment according to the subitem 3) of Item 2 of article 76 of this Code;
2) in case of carrying out according to this Code of screening of impacts of the planned activities by results of which the conclusion about lack of need of obligatory environmental impact assessment is taken out, - the corresponding values specified in the statement for the planned activities according to the subitem 9) of Item 2 of article 68 of this Code.
For objects concerning which complex ecological permission is issued standard rates of issues are established on the separate stationary sources relating to objects І and the II categories at the levels which are not exceeding the corresponding extreme values of emissions of the marker pollutants connected using the best available the technician, given in the conclusions on the best available technicians.
5. Standard rates of issues for operation of object, including when entering into activities of essential changes, are calculated and proved in type of the separate document - the draft of standard rates of issues (the draft of standard rates of admissible emissions, the draft of standard rates of admissible dumpings) which is developed in binding to the corresponding project documentation for operation of object.
Standard rates of issues for installation and construction works and works on recultivation and (or) liquidation are calculated and proved in structure of the Section "Environmental protection" which is developed in binding to the corresponding project documentation.
6. Determination of standard rates of issues is performed in the settlement way according to requirements of this Code for the technique approved by authorized body in the field of environmental protection.
7. Project development of standard rates of issues is performed for objects І categories by person having the license for performance of works and rendering services in the field of environmental protection.
8. Standard rates of issues are established on effective period of ecological permission.
9. Amounts of issues to the environment which indicators exceed the standard rates of issues established by ecological permission are recognized above-standard.
10. The issues performed when holding actions for liquidation of emergency situations of natural or technogenic nature and their effects according to the legislation of the Republic of Kazakhstan on civil protection and also owing to application of the methods of liquidation of emergency oil spills conforming to requirements of this Code, are not subject to regulation and are not considered as above-standard.
11. Standard rates of issues are not established for objects III and IV of categories.
1. Technological standard rates in this Code are understood as the ecological standard rates established in complex ecological permission in type:
Limiting 1) amount (weight) of marker pollutants per unit of amount of issues;
2) the number of consumption of electrical and (or) heat energy, other resources counting on unit of time or unit of the made products (goods), the performed work, the rendered service.
Marker pollutants are understood as the most significant for issues of specific type of production or engineering procedure pollutants which get out of group characteristic of such production or engineering procedure of pollutants and by means of which it is possible to estimate values of emissions of all pollutants entering into group.
The marker pollutants, levels of emissions of marker pollutants and levels of consumption of energy and (or) other resources connected using the best available the technician are determined in the conclusions by the best available technicians.
2. Treat technological standard rates:
1) technological standard rates of emissions;
2) technological standard rates of dumpings;
3) technological specific standard rates of water consumption;
4) technological specific standard rates of consumption of heat and (or) electrical energy.
3. Technological standard rates are established in complex ecological permission and shall not exceed the corresponding technological indicators (in case of their availability) connected using the best available the technician on the specific fields of their application, established in the conclusions on the best available technicians.
4. Reasons for technological standard rates are provided in the draft of technological standard rates represented to authorized body in the field of environmental protection of object by the operator together with the statement on receipt of complex ecological permission.
1. For the purpose of ensuring environmental protection and favorable conditions for life and (or) health of the person, reduction of quantity of subjects to waste disposal and stimulations of their preparation for reuse, conversions and utilizations are established:
1) limits of accumulating of waste;
2) waste disposal limits.
2. Limits of accumulating of waste are set for each specific place of the accumulating of waste which is part of objects І and the II categories in the form of the extreme number (weight) of the waste by their types permitted for warehousing in the appropriate place of accumulating within the term established according to this Code.
For activities for the sorting, processing, including for neutralization, recovery and (or) destruction of waste referred to objects I and II of categories, limits of accumulating of waste are installed based on design capacity of the equipment or for each specific place of accumulating of waste.
3. Limits of waste disposal are set for each specific polygon of waste which is part of objects І and the II categories in the form of the extreme number (weight) of the waste by their types permitted for burial on the corresponding polygon.
4. Limits of accumulating of waste and limits of waste disposal are set in ecological permission. The limit of waste disposal is set for each calendar year according to production capacity of the corresponding polygon.
5. Limits of accumulating of waste and limits of waste disposal are proved by operators of objects І and the II categories in the management program waste in case of receipt of ecological permission according to this Code.
6. Development of the management program waste for objects І categories is performed by person having the license for performance of works and rendering services in the field of environmental protection.
7. The method of calculation of limits of accumulating of waste and limits of waste disposal affirms authorized body in the field of environmental protection.
8. Limits of accumulating of waste and limits of waste disposal are not set for objects III and IV of categories.
Operators of objects III of category shall provide information on waste as a part of the declaration on impact on the environment submitted according to this Code.
The standard rate of admissible physical impact on the environment is understood as the ecological standard rate which is established for each source in type of admissible levels of impact of heat, noise, vibration, ionizing radiation, intensity of electromagnetic fields and other physical impacts on environment components in case of which negative physical impact from such source in total with all other sources will not lead to exceeding of the established maximum permissible levels of physical impacts on the environment.
1. For the purpose of reducing amounts of accumulating of the sulfur which is formed when carrying out transactions on investigation and (or) hydrocarbon production, and stimulation of its drawing into economic circulation limits of placement of sulfur in open form on sulfuric cards are set.
2. Operation of this article extends to sulfur technical gas in any aggregate state, formed in case of investigation and (or) hydrocarbon production.
3. Limits of placement are gray in open form on sulfuric cards are set for the special platform - the sulfuric cards combined by single infrastructure and equipped for outdoor land storage of sulfur, in the form of extreme quantity (weight) are gray, permitted (permitted) for filling and other open placement on such sulfuric card.
Sulfur storage by the closed method in tanks, silos, other reservoirs and constructions (warehouses) excluding its impact on the environment is not subject to ecological regulation.
4. Limits of placement are gray in open form on sulfuric cards are set in ecological permission for each calendar year.
5. Limits of placement are gray in open form on sulfuric cards are proved in the draft of standard rates of placement of sulfur in open form on sulfuric cards which is developed based on data on production volumes according to the approved technique and it is represented together with the statement on receipt of ecological permission.
The technique of project development of standard rates of placement of sulfur in open form on sulfuric cards affirms authorized body in the field of environmental protection.
1. Standard rates of permissible cumulative anthropogenous load on the environment are understood as ecological standard rates which are established according to the size of admissible cumulative impact of all sources of anthropogenous impact on the environment and (or) separate components of the environment within the specific territories and (or) water areas (or their parts) and in case of which observance steady functioning of natural ecological systems is provided and the biodiversity remains.
Standard rates of permissible cumulative anthropogenous load on separate components of the environment within the specific territories and (or) water areas (or their parts) are established by authorized body in the field of environmental protection.
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