ORDER OF THE MINISTER OF ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2007 No. 204-p

About approval of the Instruction for evaluating impact on the environment

According to the subitem 28) of article 17 of the Ecological Code of the Republic of Kazakhstan of January 9, 2007 I ORDER:

1. Approve the enclosed Instruction for evaluating impact on the environment.

2. Declare invalid the order of the Minister of environmental protection of the Republic of Kazakhstan of February 28, 2004 No. 68-p "About approval of the Instruction for evaluating impact of the planned economic and other activity on the environment in case of development of the preplanned, preproject and project documentation" (registered in the Register of state registration of regulatory legal acts for No. 2779, published in the Yuridicheskaya Gazeta newspaper of August 26, 2005, No. 157-158).

3. To department of ecological regulation to bring this order to the attention of territorial administrations of environmental protection and local executive bodies.

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

Approved by the Order of the Minister of environmental protection of the Republic of Kazakhstan of June 28, 2007 No. 204-p

The instruction for evaluating impact on the environment

1. General provisions

1. The instruction for evaluating impact on the environment (further - the Instruction) is developed according to the subitem 28) of article 17 of the Ecological Code of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

2. The environmental impact assessment (further - EIA) is made for the purpose of determination of ecological and other effects of versions of the made management and economic decisions, development of recommendations about improvement of the environment, to prevention of destruction, degradation, damage and depletion of natural ecological systems and natural resources.

EIA is developed for the project documentation regulating creation (development, construction, reconstruction, preservation, liquidation) of specific large-scale and (or) ecologically dangerous objects and constructions of the planned activities and complete with the project documentation is submitted for approval by the state environmental assessment.

3. This Instruction determines general provisions of carrying out EIA by preparation and decision making about conducting the planned economic and other activity at all stages of its organization, according to the preproject, project documentation.

EIA is carried out for the following types of documentation:

1) preinvestment stage of reasons for development programs or industry of construction of the companies, objects, complexes;

2) town-planning and construction designing, stipulated by the legislation Republic of Kazakhstan;

3) feasibility statement and calculations of construction, drafts of working documentation (expansion, reconstruction, modernization) companies, objects of complexes;

4) the project documentation on use of the technologies, the machinery and equipment including moved (imported) to the Republic of Kazakhstan.

4. In the Instruction the following main terms and determinations are used:

1) impact - any effect of the planned economic and other activity for the environment, including health and safety of people, animal and flora, the soil, subsoil, air, climate, landscape, historical monuments and other material objects, interrelation between these factors; it covers also effects for cultural heritage and social and economic conditions, is result of change of these factors;

2) effect - result of impact of the planned economic or other activity and the caused changes which received reflection in surrounding and (or) social and economic circles;

3) participation of the public (accounting of public opinion) - complex of the events held within EIA, directed to informing the public on the planned activities and its possible impact on the environment for the purpose of detection of public opinion and its accounting in the course of impact assessment;

4) developer of documentation on EIA - the physical person or legal entity performing evaluating impact on the environment of the planned economic and other activity, having license for carrying out the specified activities issued by the central executive body in the field of environmental protection;

5) public discussions - the generalized name of the component of EIA providing the direct and return information connections guaranteeing participation of the population (public) in decision making on realization of the planned activities infringing on its interests;

6) change - reversible and (or) irreversible change in components of the environment and (or) their combinations;

7) the customer - the physical person or legal entity which is responsible for preparation of documentation on the planned economic and other activity according to the normative requirements imposed to this type of activity and submitting documentation on the planned activities on environmental assessment;

8) ecological maintenance - the procedure providing the sequence of the organizational and technical and logically interconnected actions for ecological reasons for the planned activities at all stages of its implementation.

2. Impact valuation principles on the environment

5. EIA is performed on the basis of the following principles:

1) obligation - the EIA procedure is obligatory for any kinds of economic and other activity which can make direct or indirect impact on the environment and health of the population.

Development and projects implementation of the economic and other activity influencing the environment without assessment procedure of impact on it are prohibited.

2) integration (complexity) - consideration of questions of impact of the planned activities on the environment, local population, agricultural industry and the industry is performed in their interrelation with technology, technical, social, economic, planning and other project solutions;

3) alternativenesses - assessment of effects is based on obligatory consideration of alternative versions of project decisions, including version of project decisions, including option of refusal of the planned activities ("zero" option);

4) sufficiency - extent of disaggregation when carrying out EIA shall not be lower than that which is determined by the ecological importance of impact of the planned activities for the environment, local population, agricultural industry and the industry;

5) preserving - the planned activities shall not lead to reduction of biological diversity, decrease in bioproductivity and biomass of the territories and water areas, and also deterioration in the vital properties of natural components of the biosphere in zone of influence of the planned activities;

6) compatibility - the planned activities shall not worsen quality of life of local population and cause unindemnifiable damage to other types of economic activity, agricultural industry, animal and flora;

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