Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

I.O.'S ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 9, 2021 No. 319

About approval of Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling

(as amended on 14-09-2023)

According to Item 7 of Article 106 and Item 2 of article 112 of the Ecological code of the Republic of Kazakhstan, the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling according to appendix 1 to this order.

2. Declare invalid some orders according to appendix 2 to this order.

3. To provide to committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective after sixty calendar days after day of its first official publication.

Acting Minister of ecology, geology and natural resources of the Republic of Kazakhstan

A. Primkulov

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

 

It is approved

Ministry of Health of the Republic of Kazakhstan

 

It is approved

Ministry of the industry and infrastructure development of the Republic of Kazakhstan

 

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of Trade and integration of the Republic of Kazakhstan

 

It is approved

Ministry of Emergency Situations of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

It is approved

Department of Energy of the Republic of Kazakhstan

 

Appendix 1

to the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 9, 2021 No. 319

Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling

Chapter 1. General provisions

1. These rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling (further – Rules) are developed according to Item 7 of Article 106 and Item 2 of article 112 of the Ecological code of the Republic of Kazakhstan (further - the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for issue of ecological permissions, provisions of the declaration on impact on the environment, and also establish requirements to blank form of ecological permission to impact and procedure for their filling.

2. The basic concepts and determinations used in Rules:

1) ecological permission to impact – ecological permission for objects II of category and category objects I put into operation till July 1, 2021;

2) the best available technicians (BAT) – the most effective and advanced stage of development of types of activity and methods of their implementation which testifies to their practical suitability to form basis of establishment of the technological standard rates and other ecological conditions directed to prevention or if it is almost impracticable, minimization of negative anthropogenous impact on the environment;

3) the standard rate of admissible dumping – the ecological standard rate which is established in ecological permission and is determined as amount (weight) of pollutant or mix of pollutants in sewage, most admissible (permitted) to dumping in unit of time;

4) the standard rate of admissible physical impact – 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 sources will not lead to exceeding of the established maximum permissible levels of physical impacts on the environment;

5) complex ecological permission – the document aimed at providing complex prevention of environmental pollution using the best available the technician, minimization and control of negative anthropogenous impact on the environment;

6) limit of accumulating of waste – the extreme number (weight) of waste by their types permitted for warehousing in the appropriate place of accumulating for each specific place which is part of objects I and II of categories;

7) waste disposal limit – the extreme number (weight) of waste by their types permitted for the burial on polygon which is part of objects I and II of categories;

8) the mentioned territory – the territory within which the environment and the population are subject to essential impacts of the planned activities;

9) the declaration on impact on the environment – the document informing on the beginning of activities, constituted by uslugopoluchatel in the form approved by the order of the Minister of national economy of the Republic of Kazakhstan of January 6, 2015 No. 4 "About approval of forms of notifications and Regulations of Admission of notifications by state bodies and also of determination of the state bodies performing acceptance of notifications" (it is registered in the Register of state registration of regulatory legal acts for No. 10194);

10) the actions plan on environmental protection – appendix to ecological permission to impact, the containing list of the actions directed to decrease in negative impact on the environment necessary for ensuring compliance with the established standard rates of issues, limits of accumulating and waste disposal, limits of placement of sulfur in open form on sulfuric cards (when carrying out transactions on investigation and (or) hydrocarbon production);

11) environmental pollution – 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;

12) pollutants – 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;

13) dumping of pollutants – intake of the pollutants containing in sewage in superficial and underground water objects, subsoil or on the land surface;

14) emission of pollutants – intake of pollutants in atmospheric air from emission sources;

15) marker pollutants – 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;

16) the interested state bodies – state bodies, local executive bodies which functions are affected in case of realization of object;

17) the program of production environmental control – appendix to ecological permission for objects I or II of categories, aimed at providing ecological efficiency evaluation of production process on the basis of measurements and (or) calculations of level of issues to the environment, harmful production factors, and also the actual amount of consumption of natural, energy and other resources;

18) the standard rate of admissible emission – the ecological standard rate which is established in ecological permission and is determined as the maximum mass of pollutant or mix of pollutants, admissible (permitted) for emission in atmospheric air;

19) release of sewage – the device and the place of dumping of sewage into superficial and underground water objects, subsoil or on the land surface;

20) technological standard rates – the ecological standard rates established in complex ecological permission in type:

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;

extreme amount (weight) of marker pollutants per unit of amount of issues;

21) ecological permission – the document certifying the right of individual entrepreneurs and legal entities to implementation of negative impact on the environment and determining ecological conditions of implementation of activities;

22) the program of increase in ecological efficiency – the appendix to complex ecological permission providing the schedule of the planned actions for reconstruction, rearmament, upgrade of object I of category directed to achievement of technological standard rates, standard rates of issues;

23) ecological conditions – the individual requirements imposed to construction and operation of objects I and II of categories for the purpose of ensuring compliance with the ecological requirements, applicable to such activities, established by the ecological legislation of the Republic of Kazakhstan, and also the conclusions containing in the conclusions by results of environmental impact assessment;

24) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

25) the user's office on the web portal of "the electronic government" (further – personal account) – the web portal component of "the electronic government" intended for official information exchange of physical persons and legal entities with state bodies concerning rendering services electronically, to questions of the address to the subjects considering addresses of specified persons and also uses of personal data;

26) issues – intake of the pollutants released from anthropogenous objects in atmospheric air, waters, on the earth or under its surface;

27) standard rates of issues – extreme set of quantitative and qualitative indexes of the issues established in ecological permission;

28) category object I and II – stationary technological object (the company, production) within which one or several types of activity specified in Section 1 (for category objects I) or Section 2 (for category objects II) appendices 2 to the Code are performed and also technologically directly related any other types of activity which are performed within the same industrial platform on which object is placed and have significant effect on amount, quantity and (or) intensity of issues and other forms of negative impact of such object on the environment;

29) category object III – construction object (the building, construction or their complex) or the platform within which the types of activity specified in the Section 3 of appendix 2 to the Code are performed.

Chapter 2. Procedure for issue of ecological permissions

Paragraph 1. Procedure for issue of complex ecological permission

3. The state service "Issue of Complex Ecological Permission" appears Committee of ecological regulation and control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan and its territorial subdivisions (further – the service provider).

4. For receipt of the state service "Issue of Complex Ecological Permission" the uslugopoluchatel addresses the service provider through web – the portal "the electronic government of www.egov.kz (further – the portal) by filing of application in form according to appendix 1 to these rules.

The list of the main requirements to rendering the state service "Issue of Complex Ecological Permission" (further – the List 1) is given in appendix 2 to these rules.

The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel is determined in Item 8 of the List of 1 appendix 2 to these rules.

5. The office of the service provider registers on the portal the statement with the enclosed documents in day of its receipt and sends to the contractor of the service provider.

The contractor of the service provider receives data on identity documents, on state registration (re-registration) of the legal entity or the individual entrepreneur, ecological permissions from the corresponding state information systems through lock of "the electronic government".

6. According to Item 2 of article 115 of the Code, within five working days from the date of registration of a statement (further – KER) the service provider checks it for receipt of complex ecological permission regarding completeness and completeness. During the specified term the statement is taken cognizance or rejected in case of representation of incomplete document package and (or) incomplete data with motivated reasons for return reasons of such statement in form according to appendix 3 to these rules.

In the presence in the statement on receipt of complex ecological permission of all required data and the enclosed documents the authorized body in the field of environmental protection carries out the state environmental assessment of the project documentation on construction and (or) operation of objects I of category according to the subitem 1) of Item 1 of article 88 of this Code and during the term specified in part one of this Item directs taken cognizance application with the documents attached to it to the structural divisions, and also to the following interested state bodies for receipt from them of notes and offers concerning the necessary ecological conditions which are subject to inclusion in complex ecological permission within their competences:

1) in state body in the field of sanitary and epidemiologic wellbeing of the population;

2) in the authorized body performing regulation in the corresponding industry to which object belongs;

3) in authorized state bodies whose competence includes issue of the permissions necessary for implementation of activities for construction and operation of object;

4) in local executive body of area, the cities of republican value, the capital in the territory of which it is located or object will be located.

If object is located or will be located within the territories of two or more areas, the cities of republican value, the capital, the statement with the enclosed documents is subject to the direction in each relevant local executive body;

5) with assistance of the Ministry of Foreign Affairs of the Republic of Kazakhstan – to the state on which state of environment the construction and (or) operation of object will make essential adverse effect holding cross-border procedures for decision making about permission of such activities it is provided by international treaties of the Republic of Kazakhstan or established in the conclusion by results of environmental impact assessment.

7. Structural divisions of authorized body in the field of environmental protection and the interested state bodies consider the application on receipt of KER within the competences (protection of atmospheric air, water resources, waste management, control of noise level and physical impact), and provide expert opinions within twenty five working days from the date of receipt of the statement in form according to appendix 4 to these rules concerning the necessary ecological conditions which are subject to inclusion in KER within their competences.

At stage of conducting the state environmental assessment, in the presence of notes to the statement on issue of KER and (or) to the documents attached to it, the service provider sends notes to uslugopoluchatel during the term specified in part one of this Item after adoption of the statement to consideration.

The state environmental assessment according to subitem part two 9) of Item 1 of article 87 of the Code is carried out within the procedure of issue of ecological permissions and the separate conclusion of the state environmental assessment is not issued.

8. Directed comments are resolved by uslugopoluchatel within ten working days from the date of the direction of notes. In case of not elimination of notes in the specified time the motivated refusal in issue of complex ecological permission is issued to uslugopoluchatel.

9. After elimination by uslugopoluchatel of all notes the service provider prepares the KER project with involvement of internal and (or) external experts taking into account the received notes and offers, and also line items of uslugopoluchatel, and sends such project to uslugopoluchatel. Uslugopoluchatel within five working days provides the line item according to the introduced draft KER.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.