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The document ceased to be valid since July 1, 2021 according to article 416 of the Ecological code of the Republic of Kazakhstan of January 2, 2021 No. 400-VI ZRK

ECOLOGICAL CODE OF THE REPUBLIC OF KAZAKHSTAN

of January 9, 2007 No. 212-III-ZRK

(as amended on 02-01-2021)

General part

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code

In this Code the following basic concepts are used:

1) portable source of emissions of pollutants in the atmosphere the vehicles, the equipment and other portable means and installations equipped with the internal combustion engines working at different types of fuel;

2) Item of observations - the stationary or mobile unit of observations of meteorological, agrometeorological and hydrological characteristics of the environment;

3) assigned amount - the total amount of emissions of greenhouse gases taking into account absorption of the greenhouse gases determined within obligations by international treaties of the Republic of Kazakhstan;

4) assigned amount unit - the carbon unit used for scoping of emissions of greenhouse gases for the Republic of Kazakhstan according to international treaties of the Republic of Kazakhstan in the field of climate change;

5) biological diversity - variety of objects of plant and animal life within one type, between types and in ecological systems;

6) biological resources - the genetic resources, organisms or their parts, populations or any other biotic components of ecological systems having the actual or potential usefulness or value for mankind;

7) the mechanism of joint implementation - the procedure provided by international treaties of the Republic of Kazakhstan on implementation of the investment projects of joint implementation allowing to transfer carbon units between legal entities of the countries having quantitative obligations on restriction and (or) emission reduction of greenhouse gases;

8) validation - confirmation by accredited body on validation and verification of compliance of the plan of monitoring of emissions of greenhouse gases, and also project decisions and documentation within project development on emission reduction and absorption of greenhouse gases to the requirements established by the international treaties ratified by the Republic of Kazakhstan, and the legislation of the Republic of Kazakhstan;

9) verification - confirmation by accredited body on validation and verification of reliability of data of operators of installations in the passport of installation and about amounts of emissions of the greenhouse gases containing in their inventory reports of greenhouse gases for accounting year and about projects implementation on emission reduction and increase in absorption of greenhouse gases, performed according to the legislation of the Republic of Kazakhstan; 

10) genetically modified organisms - the organisms capable to reproduction or transfer of heritable genetic material, the other than natural organisms, received using methods of genetic engineering and containing genetically engineered material (genes, their fragments or combinations of genes);

11) genetically modified products - the products of plant and (or) animal origin received with use of methods of genetic engineering, containing lifeless genetically modified organisms or their components;

11-1) hydrological monitoring - system of regular and (or) periodic observations of condition of water objects and component of system of the state monitoring of water objects for the purpose of receipt of operational and forecast information about condition of water objects;

11-2) dispersants - mix of the surfactants and solvents allowing oil slick to break into small drops which can mix up more effectively with water, remaining in its thickness before destruction as a result of natural processes;

12) the best available technologies - the used and planned industry technologies, the machinery and equipment providing the organizational and managerial measures directed to decrease in level of negative impact of economic activity on the environment to providing target indicators of quality of the environment;

12-1) environmental assessment of projects - the expert evaluation of project decisions and calculations for questions of ecological safety and engineering environment protection which is part:

complex non-departmental examination of projects (feasibility statements and the design estimates) intended for construction new or reconstruction (expansions, modernization, upgrade) and capital repairs of the existing buildings and constructions, their complexes, engineering and transport communications;

complex town-planning examination on the projects of town-planning planning of the territories, drafts of master plans of the cities of republican value, the capital and cities of regional value with settlement population over hundred thousand inhabitants which are subject to approval by the Government of the Republic of Kazakhstan or maslikhats of areas, cities of republican value and the capital;

13) resistant organic pollutants - the most dangerous organic compounds steady against decomposition which are characterized by bio-accumulation and being subject to cross-border transfer by air, water and the migrating types, and also besieged at a great distance from source of their emission, accumulating in ecosystems of the land and water ecosystems, the causing destructions of immune, endocrine systems of live organisms and different diseases, including oncological;

14) quota unit - the carbon unit applied to calculation of amount of quota;

15) utility waste - the consumer wastes which are formed in settlements including as a result of life activity of the person, and also the production wastes close to them on structure and nature of education;

15-1) separate collection of utility waste - process in case of which utility waste gathers separately depending on type and structure of waste for ensuring the subsequent utilization, conversion and removal;

16) No. 102-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.06.2013

17) carbon unit - the accounting unit equivalent to one ton of carbon dioxide;

18) the operator of the state register of carbon units - the organization performing maintaining the state register of carbon units;

19) secondary turnover of carbon units - the legal relationship developing between subjects of the market of emissions of greenhouse gases in the course of transfer, sale and other address of carbon units;

20) the state register of carbon units - system of accounting of the transactions connected with issuance, storage, transfer, acquisition, reservation, cancellation, retirement of carbon units;

20-1) secondary raw materials - the materials received in the course of separate collection, sorting, crushing, pressing or other methods of impact on consumer wastes, and (or) the consumer wastes prepared for utilization and (or) conversion for product receipt;

21) accounting of waste - system of collection and provision of information on quantity and quality characteristics of waste and methods of the treatment of them;

21-1) payments for the organization of collection, transportations, conversions, neutralizations, uses and (or) waste recyclings - the payment to the operator of expanded obligations of producers (importers) performed by the producer (importer) for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, who are formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

22) waste disposal - transactions on burial and destruction of waste;

23) neutralization of waste - reduction or elimination of dangerous properties of waste by mechanical, physical and chemical or biological processing;

24) waste recycling - use of waste as secondary material or energy resources;

25) waste disposal - warehousing of waste in the places which are specially established for their safe storage during unrestricted term;

26) type of waste - set of the waste having the general signs according to their origin, properties and technology of the address determined based on the qualifier of waste;

27) placement of waste - storage or waste disposal of production and consumption;

28) conversion of waste - physical, chemical or biological processes, including sorting, directed to extraction from the waste of raw materials and (or) other materials used further in production (production) of goods or other products and also to change of properties of waste for the purpose of simplification of the treatment of them, reduction of their amount or dangerous properties;

29) storage of waste - warehousing of waste in specially established places for the subsequent utilization, conversion and (or) removal;

30) classification of waste - procedure for reference of waste to levels according to their danger to the environment and health of the person;

30-1) temporary storage of waste - warehousing of production wastes and consumption by persons as a result of which activities they are formed, in places of temporary storage and for the terms determined by the project documentation (but no more than six months), for their subsequent transfer to the organizations performing transactions on utilization, conversion, and also waste disposal, not subject conversions or utilization;

30-2) energy waste recycling - process of heat treatment of waste for the purpose of reduction of their amount and receipt of energy, including their use as secondary and (or) energy resources, except for receipts of biogas and other fuel from organic waste;

30-3) object for energy waste recycling - set of the technical devices and installations intended for energy waste recycling, and the constructions interconnected with them and the infrastructure technologically necessary for energy waste recycling;

31) the address with waste - the types of activity connected with waste including the prevention and minimization of formation of waste, accounting and control, accumulating of waste, and also collection, conversion, utilization, neutralization, transportation, storage (warehousing) and waste disposal;

32) the qualifier of waste - the directory document of applied nature which contains results of classification of waste;

33) harmless waste - the waste which does not have dangerous properties;

34) dangerous wastes - waste which contain the hazardous substances having one or several dangerous properties (toxicity, potential of explosion, radioactivity, fire danger, high reactionary capability) and can constitute direct or potential danger for the environment and health of the person independently or in case of the introduction in contact with other substances; 

35) the passport of dangerous wastes - the document containing the standardized description of processes of formation of waste in the place of their origin, their quantitative and qualitative indexes, rules of the treatment of them, methods of their control, types of harmful effects of this waste on the environment, health of the person and (or) property of persons, the information about producers of the waste, other persons having them in property;

36) dangerous chemicals - the substances having properties which can make direct or potential harmful effects on health of the person and the environment;

37) the favorable environment - the environment which condition ensures ecological safety and public health care, preserving biodiversity, prevention of pollution, steady functioning of ecological systems, reproduction and rational use of natural resources;

38) installation - stationary source of the emissions of greenhouse gases or group of stationary sources of emissions of the greenhouse gases connected among themselves by single engineering procedure and placed on one industrial platform;

39) the operator of installation - the physical person or legal entity, in property or other legal use of which is installation;

40) the passport of installation - the document containing data on characteristics of the used technology, the geographical location of installation and types of activity of her operator; 

41) the environment - set of natural and artificial objects, including atmospheric air, ozone layer of Earth, surface and underground water, lands, subsoil, plant and animal life, and also climate in their interaction;

42) environmental damage - the environmental pollution or withdrawal of natural resources over the established standard rates which caused or causing degradation and depletion of natural resources or death of live organisms;

43) issues to the environment - emissions, dumpings of pollutants, placement of production wastes and consumption in the environment, placement and storage of sulfur in the environment in open form; 

44) limits on issue to the environment - the normative amount of issues to the environment established for certain term;

45) issues quota to the environment - the part of limit on issue to the environment allocated to the specific user of nature for certain term;

45-1) automated monitoring system of issues to the environment - the system of production environmental control behind issues to the environment on pollution sources having online communication with information system of authorized body in the field of environmental protection for data transmission in real time;

46) environmental protection - system of the state and public measures directed to preserving and recovery of the environment, prevention of negative impact of economic and other activity on the environment and liquidation of its effects;

47) authorized body in the field of environmental protection - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

48) environmental pollution - receipt to the environment of pollutants, radioactive materials, production wastes and consumption, and also environmental impact of noise, vibrations, magnetic fields and other harmful physical impacts;

49) emergency environmental pollution - the sudden inadvertent environmental pollution caused by the accident which happened when implementing ecologically dangerous types of economic and other activity of physical and (or) legal entities and being emission in the atmosphere and (or) dumping of hazardous substances in water or dispersion of solid, liquid or gaseous pollutants on the site of the land surface in subsoil or formation of smells, noise, vibrations, radiation, or the electromagnetic, temperature, light or other physical, chemical, biological harmful effects exceeding admissible level for this time;

50) sites of environmental pollution - the limited sites of the land surface and sites of water objects contaminated by dangerous chemicals over the established standard rates, except for the objects equipped and intended for placement of waste and dumping of sewage the preventing pollution of the land surface, subsoil and underground waters;

51) quality of the environment - the characteristic of state of environment;

52) standard rates of quality of the environment - the indicators characterizing state of environment favorable for life and health of the person and natural resources;

53) target indicators of quality of the environment - the indicators characterizing limit of the normalized environment parameters for a certain period of time taking into account need of gradual improvement of quality of the environment;

54) the habitat - type of the area or the place of natural dwelling of this or that organism or population;

55) the state supervisory network - system of stationary and mobile units of observations, laboratories, the centers intended for observations of the physical and chemical processes happening in the environment, determinations of its meteorological, climatic, aerological, hydrological, heliogeophysical, agrometeorological characteristics;

56) the state environmental control - the activities of authorized body within its competence aimed at ensuring compliance with requirements of the laws of the Republic of Kazakhstan by physical persons and legal entities, presidential decrees of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan in the field of environmental protection;

56-1) above-standard issues - issues to the environment over established by ecological permission;

57) ozone-depleting substance - chemical which exists independently or in mix is used in economic and other activity or is product of these activities and can make harmful effects on ozone layer;

58) neutralization of ozone-depleting substances - elimination of dangerous properties of ozone-depleting substances by means of the destruction leading them to permanent transformation or decomposition on the components which are not making harmful effects on the environment including ozone layer;

59) utilization of ozone-depleting substances - complex of the actions directed to collection and storage of the ozone-depleting substances extracted from mechanisms, the equipment, containers and other devices during their maintenance or before write-off for the purpose of reuse or neutralization of the ozone-depleting substances which are not subject to recovery;

59-1) expanded obligations of producers (importers) - the obligation of the physical persons and legal entities performing production in the territory of the Republic of Kazakhstan and (or) import to the territory of the Republic of Kazakhstan of products (goods) on ensuring collection, the transportation, conversion, neutralization, use and (or) waste recycling which are formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

59-2) agreements on the organization of collection, transportations, conversions, neutralizations, uses and (or) waste recyclings which are formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings, - the agreement signed between the operator of expanded obligations of producers (importers) and the producer (importer) based on the standard agreement about the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling who are formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend extend;

59-3) standard agreement about the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings, - the agreement approved by the operator of expanded obligations of producers (importers), regulating legal relationship between the operator of expanded obligations of producers (importers) and producers (importers) of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend extend;

59-4) operator of expanded obligations of producers (importers) - the legal entity determined by the Government of the Republic of Kazakhstan performing the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

60) production wastes - the remaining balance of raw materials, materials, other products and products formed in production process and which lost fully or partially initial consumer properties;

61) steady model of production and consumption - the social business case which is characterized by increase in production during the reducing consumption of non-renewable resources, recovery of renewable resources and decrease in anthropogenous environmental pollution;

61-1) unauthorized issues - the issues to the environment performed without ecological permission, except for issues from portable sources;

62) greenhouse gases - the gaseous components of the atmosphere of natural and (or) anthropogenous origin absorbing thermal infrared radiation and (or) being its source;

63) unit of absorption of greenhouse gases - the carbon unit applied to calculation of absorption of greenhouse gases;

64) inventory count of greenhouse gases - scoping of emissions and absorption of greenhouse gases;

65) the state inventory of sources of emissions and absorption greenhouse gazovsistema of accounting of sources of emissions of greenhouse gases, the number of the emissions made by them and also the number of absorption of greenhouse gases within the borders established for the operator of installation;

65-1) plan of monitoring of emissions of greenhouse gases - the document developed by the operator of installation for action of the National plan of the distribution of quotas for emissions of greenhouse gases approved for the corresponding period or on project deadline and programs for emission reduction and increase in absorption of greenhouse gases;

65-2) repayment of quotas for emissions of greenhouse gases - annual retirement (write-off) of carbon units of the National plan of the distribution of quotas for emissions of greenhouse gases approved for the corresponding period according to the inventory report of emissions of greenhouse gases for accounting year, performed in the State register of carbon units;

65-3) stationary source of emissions of greenhouse gases - unmovable source of emissions of greenhouse gases or the moved source of emissions of greenhouse gases requiring the fixed provision for its operation;

65-4) specific coefficient of emissions of greenhouse gases - indicator of ratio of emissions of greenhouse gases per unit of products;

66) radioactive waste - the waste containing radioactive materials in quantity and concentration which exceed the values regulated for radioactive materials established by the legislation of the Republic of Kazakhstan in the field of use of atomic energy;

67) realization of object of examination - the beginning and work flow on construction, operation, liquidation of industrial and other facilities, to rendering services, receipt in economic circulation of products and technologies according to the decisions provided by the preplanned, preproject and project documentation and also enforcement of regulatory legal act, other actual implementation of object of examination;

68) sewage - the waters used on production or domestic needs and which received at the same time additional impurity (pollution) which changed their initial structure or physical properties. The waters which are flowing down from the territory of the inhabited places and industrial enterprises at the time of loss of atmospheric precipitation, watering of streets or after that, the waters formed when mining are also considered as waste;

69) water objects - the waters concentrated in relief of land surface and subsoil of the earth, having borders, amount and the water mode;

70) liquid waste - any waste in liquid form, except for sewage;

71) the user of nature - the physical person or legal entity performing use of natural resources and (or) issues to the environment;

72) natural objects - the natural objects having borders, amount and the mode of existence;

73) natural resources - the natural objects having consumer value: earth, subsoil, waters, plant and animal life;

74) protection of natural resources - system of the state and public measures directed to protection of each type of natural resources from the irrational use, destruction, degradation leading to loss of their consumer properties;

75) depletion of natural resources - partial or total loss of quantity and quality characteristics of inventories of natural resources;

76) the clean development mechanism - the mechanism of implementation of projects on restriction and (or) emission reduction of greenhouse gases in the territory of the countries which do not have quantitative obligations on restriction and (or) emission reduction of the greenhouse gases financed by legal entities of the countries having quantitative obligations on restriction and (or) emission reduction of greenhouse gases;

77) the independent supplier of information - the legal entity performing professional activity on accounting, monitoring and realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases;

78) municipal solid waste - utility waste in firm form;

79) consumer wastes - remaining balance of the products, products and other substances formed in the course of their consumption or operation and also the goods (products) which lost fully or partially initial consumer properties;

80) ecologically dangerous type of economic and other activity - activities of physical and (or) legal entities which there results or can be emergency environmental pollution;

81) trade in quotas for emissions - purchase and sale of quotas for emissions of greenhouse gases within market mechanism of emission reduction and absorption of greenhouse gases;

82) emission reduction unit - the carbon unit received as a result of project implementation, the joint implementation performed within the mechanism;

83) unit of the certified emission reduction the carbon unit received as a result of project implementation performed within the clean development mechanism;

84) unit of internal emission reduction - the carbon unit applied for the purpose of scoping of emission reductions and (or) absorption of the greenhouse gases reached as a result of implementation of internal projects on emission reduction and (or) absorption of greenhouse gases;

85) ecological education - distribution of ecological knowledge, information on state of environment, natural resources, ecological safety for the purpose of forming in the society of bases of ecological culture;

86) environmental audit - the independent check of economic and other activity of the audited subjects directed to identification and assessment of environmental risks and development of recommendations about increase in level of ecological safety of their activities;

87) ecological education - the continuous process of education, training, self-education and development of the personality directed to forming of system of knowledge and abilities, valuable to orientation, the moral and esthetic relations providing responsibility of the personality for state of environment;

88) ecological (green) investments - investment of the means received from transfer of assigned amount units, management of reserve of amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases in the projects, programs and actions directed to emission reduction or increase in absorption of greenhouse gases;

89) ecological system (ecosystem) - the interconnected set of the organisms and the lifeless circle of their dwelling interacting as single functional whole;

90) ecological danger - the condition which is characterized by availability or probability of destruction, change of state of environment under the influence of the anthropogenous and natural impacts including caused by disasters and catastrophic crashes, including spontaneous, menacing to the vital interests of the personality and society;

91) ecological safety - condition of security of the vital interests and the rights of the personality, society and state from the threats resulting from anthropogenous and natural impacts on the environment;

92) ecologically dangerous object - economic and other object, construction and which activities can make or makes harmful effects on human health and the environment;

93) ecologically dangerous the machinery and equipment - the mechanisms, machines, devices, devices used in economic or other activity and constituting danger to the environment;

94) ecologically dangerous technologies - set of methods of processing, production, change of condition, properties, forms of raw materials, the material or semifinished product performed in production process and constituting danger to the environment;

95) ecological management - managerial control by environmental protection which includes organizational structure, planning, responsibility, methods, procedures, processes and resources for development, implementation, accomplishment, the analysis and maintenance of environmental policy of the company; Environmental monitoring - systematic observations and assessment of condition I surround 96)

Russian cabbage soup of the circle and impact on it;

97) ecological regulation - system of rules (regulations) and the quantitative and qualitative indexes (standard rates) of state of environment and extent of impact containing in them on it;

98) ecological permission - the document certifying the right of physical persons and legal entities to implementation of issues to the environment;

99) environmental assessment - establishment of compliance to the planned economic and other activity to standard rates of quality of the environment and ecological requirements, and also determination of admissibility of realization of object of environmental assessment for the purpose of the prevention of possible adverse effects of these activities on the environment and the related social effects;

100) sign of environmentally friendly products - registered mark which confirms compliance to the marked products to standards of environmentally friendly products;

101) ecological requirements - restrictions and prohibitions of the economic and other activity which is negatively influencing the environment and health of the population containing in this Code, other regulatory legal acts and normative and technical documents of the Republic of Kazakhstan;

102) green labeling - assignment of products of sign of the environmentally friendly products which underwent confirmation of conformity according to the procedure, established by the legislation of the Republic of Kazakhstan in the field of technical regulation; 

103) environmental risk - probability of adverse changes of state of environment and (or) natural objects owing to influence of certain factors;

104) technical specific standard rates of issues - sizes of issues to the environment in unit of time either per unit of products or in other indicators, their providing with specific technical means determined proceeding from opportunity in case of costs, acceptable for national economy;

105) standard rates of issues - indicators of admissible issues in case of which observance of standard rates of quality of the environment is provided.

Article 2. Ecological legislation of the Republic of Kazakhstan

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. 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.

3. In case of contradiction between this Code and other laws of the Republic of Kazakhstan containing the regulations governing the relations in the field of environmental protection provisions of this Code are applied.

4. The relations in the field of protection and use of objects of the environment and especially protected natural territories are regulated by special laws of the Republic of Kazakhstan in the part which is not settled by this Code.

Article 3. The relations regulated by this Code

1. This Code governs the relations in the field of protection, recovery and preserving the environment, use and reproduction of natural resources when implementing the economic and other activity connected with use of natural resources and impact on the environment within the territory of the Republic of Kazakhstan.

2. Participants of the relations regulated by this Code are physical persons and legal entities, the state, and also the state bodies performing state regulation in the field of environmental protection and public administration in the field of use of natural resources.

Article 4. Ecological bases of sustainable development of the Republic of Kazakhstan

Ecological bases of sustainable development of the Republic of Kazakhstan are:

1) achievement of the purpose by the state on providing the favorable environment for life and health of the person;

2) environmental protection and preserving biodiversity;

3) providing and realization of the right of the Republic of Kazakhstan to development of the natural resources and upholding of national interests in questions of use of natural resources and impacts on the environment;

4) fair requirements satisfaction present and future generations;

5) development of steady models of production and consumption;

6) compliance of ecological regulation to conditions of social and economic development taking into account state of environment;

7) observance of the right of each person to access to ecological information and full participation of the public in the solution of questions of environmental protection and sustainable development;

8) ensuring publicity of the taken measures in the field of environmental protection;

9) global partnership for the purpose of preserving, protection and recovery of healthy condition and integrity of ecosystem of Earth;

10) assistance to development of the international law concerning damage liability to the environment;

11) control, prevention of transfer and transfer to other states of any kinds of activities and substances which cause serious damage to the environment or are considered unhealthy the person, and also taking measures of precaution in cases when there is threat of serious or irreversible environmental damage.

Article 5. Basic principles of the ecological legislation of the Republic of Kazakhstan

The basic principles of the ecological legislation of the Republic of Kazakhstan are:

1) ensuring sustainable development of the Republic of Kazakhstan;

2) providing ecological safety;

3) ecosystem approach in case of regulation of the ecological relations;

4) state regulation in the field of environmental protection and public administration in the field of use of natural resources;

5) obligation of preventive measures on prevention of environmental pollution and causing damage by it in any other forms;

6) inevitability of responsibility for violation of the ecological legislation of the Republic of Kazakhstan;

7) obligation of compensation of damage caused to the environment;

8) the paid nature and allowing procedure for impact on the environment;

9) application of the best environmentally friendly and resource-saving technologies during the using of natural resources and impact on the environment;

10) interaction, coordination and publicity of activities of state bodies for environmental protection;

11) stimulation of users of nature to prevention, decrease and liquidation of environmental pollution, reducing waste;

11-1) priority of use of production wastes and consumption as secondary resources;

12) availability of ecological information;

13) ensuring national interests during the using of natural resources and impact on the environment;

14) harmonization of the ecological legislation of the Republic of Kazakhstan with the principles and rules of international law;

15) presumption of ecological danger of the planned economic and other activity and obligation of environmental impact assessment and health of the population in case of decision making about its implementation.

Article 6. Basic provisions of state regulation in the field of environmental protection and public administration in the field of use of natural resources

1. State regulation in the field of environmental protection includes:

1) licensing of activities in the field of environmental protection;

2) ecological regulation;

3) technical regulation in the field of environmental protection;

4) state environmental assessment;

5) issue of ecological permissions;

6) state environmental control;

7) system of economic regulation of environmental protection, stimulation of implementation of the best environmentally friendly technologies, system of financing of nature protection actions;

7-1) quoting of emissions of greenhouse gases;

7-2) inventory count of greenhouse gases;

7-3) establishment of market mechanisms of emission reduction and absorption of greenhouse gases;

7-4) monitoring system of the actual amounts of emissions and absorption of greenhouse gases;

8) state environmental monitoring;

9) state accounting of users of nature, sources and sites of environmental pollution;

10) ecological education and education.

2. Public administration in the field of use of natural resources includes:

1) state planning in the field of use of natural resources;

2) state control of protection, use and reproduction of natural resources;

3) issue of licenses, permissions and conclusion of agreements (contracts) for right to use by natural resources;

4) organization of recovery and reproduction of natural resources, implementations of resource-saving technologies;

5) conducting monitoring and inventories of natural resources;

6) establishment of limits and distribution of quotas for use of natural resources;

7) management of the state legal entities performing use, recovery and reproduction of natural resources;

8) organization of protection of natural resources.

Article 7. Objects of environmental protection

1. To protection from destruction, degradation, damages, pollution and other harmful effects are subject the earth, subsoil, surface and underground water; atmospheric air; woods and other vegetation; fauna, gene pool of live organisms; natural ecological systems, climate and ozone layer of Earth.

2. Especially protected natural territories and objects of the state natural and reserved fund are subject to special protection.

Article 8. State natural and reserved fund

1. The state natural and reserved fund - set of the environment objects taken under the state protection which have special ecological, scientific, historical and cultural and recreational value as natural standards, unique persons and relicts, genetic reserve, subject of scientific research, educations, educations, tourism and recreation.

2. Objects of the state natural and reserved fund are established by the Law of the Republic of Kazakhstan "About especially protected natural territories".

3. Protection of the state natural and reserved fund is provided by creation of especially protected natural territories, and also establishment of prohibitions and restrictions in use of the environment objects having special ecological, scientific, historical and cultural and recreational value.

Article 9. Especially protected natural territory

1. Especially protected natural territory - sites of lands, water objects and airspace over them with natural complexes and objects of the state natural and reserved fund for which the mode of special protection is set.

2. Types of especially protected natural territories, procedure for creation, protection mode type, and also features of the organization of activities of separate types of especially protected natural territories are established by the Law of the Republic of Kazakhstan "About especially protected natural territories".

Article 10. Concept and types of environmental management

1. Environmental management are use of natural resources and (or) impact on the environment in everyday life of the person, in economic and other activity of physical persons and legal entities.

2. Environmental management is subdivided into general and special.

3. General environmental management is permanent and is performed free of charge for satisfaction of vital requirements of the population and without provision of natural resources in use.

Restriction of general environmental management is allowed if it is provided by the laws of the Republic of Kazakhstan.

4. Special environmental management - activities of the physical and (or) legal entity performing on paid basis use of natural resources and (or) issues to the environment according to the procedure, established by this Code and other laws of the Republic of Kazakhstan.

5. Treat types of environmental management:

1) land use;

2) water use;

3) forest utilization;

4) subsurface use;

5) use of fauna;

6) use of flora;

7) issues to the environment;

8) other types of environmental management established by the laws of the Republic of Kazakhstan.

6. Features of emergence of the right of special environmental management are determined by types of environmental management by the laws of the Republic of Kazakhstan.

7. Special environmental management can include one or several types of environmental management in their sets.

Article 11. Users of nature

1. Physical persons and legal entities, constantly or temporarily being in the territory of the Republic of Kazakhstan can be users of nature.

2. Users of nature can be:

1) constants (the right of environmental management has termless character) and temporary (the right of environmental management is limited to certain term);

2) primary (the right of environmental management is acquired from the state or from other primary users of nature according to the procedure of alienation of this right or universal succession) and secondary (the right of temporary environmental management is acquired based on the agreement from primary user of nature reserving this status).

3. Users of nature shall observe the requirements established by this Code and other regulatory legal acts of the Republic of Kazakhstan.

Article 12. Bases of origin and condition of implementation of the right of special environmental management

1. The right of special environmental management arises on the basis:

1) licenses and (or) permissions to use and withdrawal of natural resources and implementation of separate types of activity in the field of environmental protection;

2) decisions of the Government of the Republic of Kazakhstan or local executive bodies on the provision of natural resources in environmental management according to the procedure established by the laws of the Republic of Kazakhstan;

3) agreements (contracts) for environmental management signed according to the procedure, established by legal acts of the Republic of Kazakhstan.

2. The right of special environmental management can arise based on one, two or all acts specified in Item 1 of this Article, according to the procedure, provided by legal acts of the Republic of Kazakhstan.

3. Implementation of the right of special environmental management by the users of nature performing issues to the environment is allowed in the presence of ecological permissions, except for issues from portable sources.

4. Right to use natural resources is granted to physical and (or) legal entities according to legal acts of the Republic of Kazakhstan.

5. The physical persons and legal entities which acquired the right to special environmental management cannot dispose of it, except as specified, provided by the laws of the Republic of Kazakhstan.

6. The right of special environmental management can be limited or it is forbidden according to the laws of the Republic of Kazakhstan for the purpose of safety of the state and environmental protection.

Chapter 2. Rights and obligations of physical persons, public associations and local government bodies

Article 13. The rights and obligations of physical persons in the field of environmental protection

1. Physical persons have the right:

1) on the environment, favorable for their life and health;

2) to perform measures for protection and improvement of the environment;

3) to create public associations and funds of environmental protection;

4) to participate in the process of adoption of decisions by state bodies on the questions concerning the environment, according to the procedure established by the legislation of the Republic of Kazakhstan;

5) to participate in peaceful assemblies, referenda in the field of environmental protection according to the legislation of the Republic of Kazakhstan;

6) to address to state bodies with letters, claims, statements, requests and offers on environmental protection and to require their consideration;

To receive 7) from state bodies and the organizations timely, complete and reliable ecological information;

8) to take part in discussion of projects of regulatory legal acts concerning environmental protection at stage of their preparation and to represent the notes to developers;

9) to participate in process of preparation of the plans and programs connected with the environment;

10) to make offers on conducting public environmental assessment and to take part in it;

11) to require cancellation in administrative or legal process of decisions on placement, construction, reconstruction and commissioning of the companies, constructions and other ecologically dangerous objects, and also about restriction and the termination of economic and other activity of the physical persons and legal entities making negative impact on the environment and health of the person;

12) to make compensatory actions in court, caused to their health and property owing to violation of the ecological legislation of the Republic of Kazakhstan.

2. Physical persons shall:

1) to keep the environment, to make thrifty use of natural resources;

2) to promote implementation of measures, the natural resources directed to rational use, environmental protection and providing ecological safety;

3) to prevent threats of ecological safety which can arise on their fault;

4) to perform the activities according to the ecological legislation of the Republic of Kazakhstan.

3. Physical persons have other rights and perform the duties established by the laws of the Republic of Kazakhstan.

Article 14. The rights and obligations of public associations in the field of environmental protection

1. Public associations when implementing the activities in the field of environmental protection have the right:

1) to develop and propagandize ecological programs, to protect the rights and interests of citizens, to involve them on a voluntary basis in vigorous activity in the field of environmental protection;

1-1) to take a legal action in protection of the rights, freedoms and legitimate interests of physical persons and legal entities, including for the benefit of the uncertain group of people, concerning environmental protection and use of natural resources;

2) to perform works on environmental protection and its improvement, rational use and reproduction of natural resources, to participate in protection of the objects of the environment having special ecological, scientific, historical and cultural and recreational value, in activities of especially protected natural territories;

3) to participate in the process of adoption of decisions by state bodies on the questions concerning the environment according to the procedure established by the legislation of the Republic of Kazakhstan;

4) to perform works on ecological education and education, to conduct scientific research in the field of environmental protection;

5) to initiate and organize public environmental assessment and carrying out public hearings;

6) to exercise public environmental control;

To receive 7) from state bodies and the organizations timely, complete and reliable ecological information;

8) to cooperate and interact in the field of environmental protection with state bodies and the international organizations, to sign agreements with them, to perform for them on agreements certain works, stipulated by the legislation the Republic of Kazakhstan;

9) to take part in discussion of projects of regulatory legal acts concerning environmental protection at stage of their preparation and to represent the notes to developers;

10) to participate in process of preparation of the plans and programs connected with the environment;

11) to put questions of accountability of physical and (or) legal entities, to make compensatory actions in court, caused to health and (or) property of citizens owing to violation of the ecological legislation of the Republic of Kazakhstan;

12) to require cancellation in administrative or legal process of decisions on placement, construction, reconstruction and commissioning of the companies, constructions and other ecologically dangerous objects, and also decision about restriction, suspension and the termination of the economic and other activity of physical persons and legal entities making negative impact on the environment and health of the person;

13) to create funds of environmental protection.

2. Public associations when implementing the activities in the field of environmental protection shall:

1) to promote implementation of measures, the natural resources directed to rational use, environmental protection and providing ecological safety;

2) to perform the activities according to the legislation of the Republic of Kazakhstan.

3. Public associations have other rights and obligations established by the laws of the Republic of Kazakhstan.

Article 15. Powers of local government bodies in the field of environmental protection and environmental management

In the field of environmental protection and environmental management treat powers of local government bodies:

1) organization of works on improvement and gardening of settlements;

2) organization of works on ensuring sanitary cleaning of settlements;

3) content of storage locations and waste disposal of production and consumption;

4) entering of offers into local executive bodies, authorized state body on protection and use of historical and cultural heritage about the announcement of the natural and other objects having ecological, scientific, historical and cultural and recreational value, monuments history or cultures.

Chapter 3. Competence of state bodies in environmental protection and environmental management

Article 16. Competence of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan in the field of environmental protection and environmental management:

1) develops the main directions of state policy in the field of environmental protection and use of natural resources, the address with waste, strategic measures for their implementation;

1-1) enables the realization of state policy on accomplishment of obligations according to international treaties of the Republic of Kazakhstan in the field of climate change;

2) No. 505-IV ZRK Is excluded according to the Law of the Republic of Kazakhstan of 03.12.2011

3) the subitem 3) of Article 16 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

4) makes decisions on the provision of natural resources in environmental management according to the procedure established by the laws of the Republic of Kazakhstan;

4-1) determines the operator of expanded obligations of producers (importers), and also has the right to participate in creation of the operator of expanded obligations of producers (importers) as the shareholder (founder), to redeem shares (shares in the authorized capital) the operator of expanded obligations of producers (importers);

4-2) approves rules of implementation of expanded obligations of producers (importers);

4-3) approves rules of marginal determination of the auction prices for the electrical energy made by energy waste recycling, the indexations of the auction prices including procedure;

5) the subitem 5) of Article 16 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

6) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

Approves 7):

National plan of distribution of quotas for emissions of greenhouse gases;

rules of economic evaluation of damage from environmental pollution;

rules of maintaining the State fund of ecological information;

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

8) determines the list of the objects of environmental protection having special ecological, scientific and cultural value;

Establishes 9):

borders of the state reserved zone in northern part of the Caspian Sea;

procedure for import, export and transit of waste;

procedure for distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases;

procedure for consideration, approval and projects implementation, directed to emission reduction and absorption of greenhouse gases;

10) is performed by international cooperation;

11) announces the territory zone of emergency ecological situation and makes the decision on cancellation of legal regime of zone of emergency ecological situation;

11-1) makes the decision on restriction of transfer of part of emission reduction units and absorption of the greenhouse gases received in case of projects implementation in registers of other countries and (or) their transfer to reserve of assigned amount or reserve of amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases;

12) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 17. Competence of authorized body in environmental protection

Authorized body in the field of environmental protection:

1) pursues single state policy in the field of environmental protection;

1-1) subitems 1-1) of Article 17 are excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

1-2) realizes state policy in the field of environmental protection;

1-3) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

1-4) develops and approves within competence the specifications and technical documentation in the field of the address with utility waste;

1-5) will organize methodical providing in the field of the address with utility waste;

1-6) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

1-7) develops and approves standard rules of calculation of regulations of education and accumulating of utility waste;

1-8) develops and approves within competence normative and technical documents in the field of environmental protection;

1-9) develops and approves within competence methodical recommendations in the field of environmental protection;

2) is coordinated within the competence by activities of the central and local executive bodies regarding implementation of environmental protection by them;

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

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

Approves 5) within the competence or approves ecological standard rates and ecological requirements for economic and other activity;

6) develops target indicators of quality of the environment;

7) the subitem 7) of Article 17 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

8) within the competence issues ecological permissions, sets in them limits on issue to the environment;

8-1) No. 15-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 27.04.2012

8-2) exercises control of activities of local executive bodies for rendering the state services in the field of environmental protection;

8-3) exercises control of activities of the physical persons and legal entities performing environmental assessment of projects as a part of complex non-departmental examination;

9) exercises the state environmental control;

9-1) exercises the state control of implementation of expanded obligations of producers (importers);

9-2) gives submission to the Government of the Republic of Kazakhstan for determination of the operator of expanded obligations of producers (importers);

10) performs issue of licenses for performance of works and rendering services in the field of environmental protection;

11) approves licenses, permissions, agreements (contracts) in the field of use of natural resources within the competence;

11-1) approves plans of nature protection actions;

12) carries out the state environmental assessment within the competence established by this Article and other legislation of the Republic of Kazakhstan and also coordinates activities for conducting environmental assessment in the Republic of Kazakhstan and performs methodical management of it;

12-1) carries out the state environmental assessment of projects on category objects I as a part of complex non-departmental examination of construction projects or complex town-planning examination of town-planning projects according to the procedure, established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities;

13) No. 505-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 03.12.2011;

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

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

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

17) will be organized by maintaining the State inventory of production wastes and consumption;

18) will be organized by maintaining the State inventory of burials of hazardous substances, radioactive waste and dumping of sewage into subsoil and approves instructive-methodological documents on its maintaining;

19) will be organized by conducting the state accounting of sites of environmental pollution;

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

20-1) will organize maintaining the state register of carbon units;

20-2) will organize maintaining the state inventory of sources of emissions and absorption of greenhouse gases;

20-3) determines the list of actions for stimulation of waste recycling and to reduction of amounts of their education;

20-4) performs maintaining the State register of emissions and transfer of pollutants;

21) is performed by licensing of import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them;

21-1) issues permission to works with use of ozone-depleting substances, repair, installation, equipment maintenance, containing ozone-depleting substances;

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