ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of September 13, 2021 No. 370

About approval of Distribution of functions and powers between authorized body in the field of environmental protection and territorial subdivisions

According to Item 2 of article 27 of the Ecological code of the Republic of Kazakhstan, I ORDER:

1. Approve enclosed:

1) Distribution of objects of ecological assessment, the state environmental assessment between authorized body in the field of environmental protection, its structural and territorial subdivisions, according to appendix 1 to this order;

2) Distribution of objects of ecological permissions between authorized body in the field of environmental protection, its structural and territorial subdivisions, according to appendix 2 to this order.

2. Declare invalid some orders of the Minister of environmental protection, power and ecology, geology and natural resources of the Republic of Kazakhstan, according to appendix 3 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.

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

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 13, 2021 No. 370

Distribution of objects of ecological assessment, the state environmental assessment between authorized body in the field of environmental protection, its structural and territorial subdivisions

1. Authorized body in the field of environmental protection the objects of the planned activities which are subject to obligatory environmental impact assessment according to the Section 1 of appendix 1 to the Ecological Code, the screening of impacts of the planned activities in cross-border context provided by the international treaties ratified by the Republic of Kazakhstan are subject to ecological assessment.

In other cases on objects of the planned activities, ecological assessment is carried out by territorial subdivisions of authorized body in the field of environmental protection.

2. Are subject to the state environmental assessment by authorized body in the field of environmental protection:

1) projects of regulatory legal acts of the Republic of Kazakhstan which implementation can result in negative impacts on the environment, developed by the central state bodies;

2) projects natural-science and feasibility statements on creation and expansion of especially protected natural territories of republican value, including their functional zoning and master plans of development of infrastructure, to transfer of lands of especially protected natural territories of republican value to the lands of inventory, to abolition or reduction of the territories of the state natural wildlife areas of republican value and the state reserved zones of republican value developed according to the Law of the Republic of Kazakhstan "About especially protected natural territories";

3) the materials of inspection of the territories proving reference of these territories to zones of ecological catastrophe or emergency ecological situation;

4) materials of comprehensive ecological examination of lands on which in the past testing of nuclear weapon were carried out, proving withdrawal and transfer of these lands in structure of lands of inventory;

5) the materials of environmental impact assessment of new routes of flight and areas of fall of the separated parts of the carrier rockets started from the Baikonur spaceport which are not included in Appendix No. 2 to the Lease agreement of the Baikonur complex between the Government of the Russian Federation and the Government of the Republic of Kazakhstan (Moscow, on December 10, 1994).

3. Are subject to the state environmental assessment of authorized body by territorial subdivisions in the field of environmental protection:

1) projects of regulatory legal acts of the Republic of Kazakhstan which implementation can result in negative impacts on the environment, developed by bodies of local public administration;

2) projects natural-science and feasibility statements on creation and expansion of especially protected natural territories of local value, including their functional zoning and master plans of development of infrastructure, to transfer of lands of especially protected natural territories of local value to lands of inventory, to abolition or reduction of the territories of the state natural wildlife areas of local value;

3) drafts of management plans nature protection organization;

4) materials of comprehensive ecological examination of lands which were affected by the proving grounds proving withdrawal and transfer of these lands in structure of lands of inventory;

5) projects of economic activity which can make impact on the environment of the adjacent states or implementation of which requires use of general with the adjacent states of natural objects or which infringes on interests of the adjacent states, including on the Baikonur complex, defined by international treaties of the Republic of Kazakhstan, 2 presents of Distribution except for specified in the subitem 5) of Item;

6) forest management projects of the state land ownnerships and forest management and (or) special inspections for reference of the state forest fund to categories, transfer from one category in another, and also allocation of especially protective sites on which forest utilization is forbidden or limited.

Appendix 2

to the Order the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 13, 2021 No. 370

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