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

of September 17, 2021 No. 380

About approval of Rules of maintaining the register of subjects of entrepreneurship in the field of waste management

According to Item 2 of article 337 of the Ecological code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of maintaining the register of subjects of entrepreneurship in the field of waste management.

2. To provide to department of state policy of waste management of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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.

Approved by the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 17, 2021 No. 380

Rules of maintaining the register of subjects of entrepreneurship in the field of waste management

Chapter 1. General provision

1. These rules of maintaining the register of subjects of entrepreneurship in the field of waste management (further - Rules) are developed according to Item 2 of article 337 of the Ecological code of the Republic of Kazakhstan (further - the Code) and establish procedure for introduction of the register of subjects of entrepreneurship, planning or performing business activity on collection, sorting and (or) transportation of waste, recovery and (or) destruction of harmless waste (further - Subjects of entrepreneurship).

2. The authorized body in the field of environmental protection performs acceptance of notifications from Subjects of entrepreneurship, creates and keeps the state electronic register of permissions and notifications (further - the register of subjects of entrepreneurship) according to the Law of the Republic of Kazakhstan "About permissions and notifications".

3. According to Item 3 of article 337 of the Code implementation of business activity on collection, sorting and (or) transportation of waste, recovery and (or) destruction of harmless waste without notice of authorized body in the field of environmental protection is forbidden.

4. These requirements of Rules their education before their collection does not extend to entrepreneurship subjects, being obrazovatel of waste, regarding accumulating and sorting of own waste on site.

Chapter 2. Procedure for maintaining register of subjects of entrepreneurship

5. Maintaining the register of subjects of entrepreneurship is performed by authorized body in the field of environmental protection.

6. According to Item 1 of article 337 of the Code Subjects of entrepreneurship shall submit the notification on the beginning or the termination of activities for collection, sorting and (or) transportation of waste, to recovery and (or) destruction of harmless waste to authorized body in the field of environmental protection.

7. The notification moves according to 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 about 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).

8. According to item 4 of article 337 of the Code Subjects of entrepreneurship are excluded from the register of subjects of entrepreneurship based on the decision of authorized body in the field of environmental protection in cases:

1) liquidations of the Subject of entrepreneurship;

2) introductions in legal force of the judgment;

3) filing of application by the Subject of entrepreneurship about the voluntary termination of the activities.

At the same time the Subject of entrepreneurship before filing of application shall fulfill all the obligations.

9. According to Item 5 of article 337 of the Code Subjects of entrepreneurship are excluded from the register of subjects of entrepreneurship based on the judgment in cases:

1) implementation of activities with systematic (more than three times during twelve consecutive calendar months) violation of requirements of the ecological legislation of the Republic of Kazakhstan;

2) non-realizations of activities during twelve consecutive calendar months from the date of inclusion in the register of subjects of entrepreneurship.

10. In case of liquidation of the Subject of entrepreneurship the authorized body in the field of environmental protection makes the decision on its exception of the register of subjects of entrepreneurship with indication of exception term within 30 calendar days from the moment of receipt of the document, confirming liquidation of the Subject of entrepreneurship.

11. In case of the introduction in legal force of the judgment the authorized body in the field of environmental protection excludes the Subject of entrepreneurship within 5 days from the moment of receipt of the decision.

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