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

of June 28, 2007 No. 207-p

About approval of Rules of conducting the state environmental assessment

According to the subitem 28) Article 17 and Item 2 of article 49 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 PRIKAZYVAYU:

1. Approve the enclosed Rules of conducting the state environmental assessment.

2. To department of ecological regulation to bring this Order to the attention of structural and territorial subdivisions of the Ministry of environmental protection of the Republic of Kazakhstan.

3. To provide to department of ecological regulation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication in the procedure established by the legislation.

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. 207-p

Rules of conducting the state environmental assessment

1. General provisions

1. Rules of conducting the state environmental assessment (further - Rules) are developed according to the subitem 28) of Article 17 and Item 2 of article 49 of the Ecological Code of the Republic of Kazakhstan of January 9, 2007 (further - the Code).

2. Rules determine procedure for the organization of activities and interaction of bodies of the state environmental assessment of authorized body in the field of environmental protection (daleeupolnomochenny body), its territorial subdivisions and local executive bodies which are carrying out the state environmental assessment and also establish requirements to structure, content of the materials represented on the state environmental assessment.

3. Rules are intended for practical application in bodies of the state environmental assessment of authorized body, its territorial subdivisions, the local executive bodies which are carrying out the state environmental assessment, and uses as information material by legal entities and physical persons which plan or perform activities in the territory of the Republic of Kazakhstan.

2. Terms and determinations

4. In Rules, along with the terms and determinations provided in the Code the following main terms and determinations are used:

external experts - the physical persons and legal entities involved by the central executive body in the field of environmental protection and its territorial subdivisions, local executive bodies of areas (the city of republican value, the capital) for conducting environmental assessment having the corresponding license for performance of works and rendering services in the field of environmental protection;

expert bodies - bodies of the state environmental assessment of authorized body, its territorial subdivisions and local executive bodies.

3. Purposes, tasks and principles of the state environmental assessment

5. The state environmental assessment - type of expert activities of authorized body, its territorial subdivisions and local executive bodies within their competence which purpose is implementation of requirements of the ecological legislation of the Republic of Kazakhstan, providing conditions of rational environmental management in decision making process about social and economic development of the Republic, its certain regions, industries of the national economy, activities of the separate companies.

The state environmental assessment establishes compliance to the planned and performed economic and other activity to standard rates of quality of the environment and ecological requirements, and also determines admissibility of realization of object of the state environmental assessment for the purpose of the prevention of possible adverse effects of these activities on the environment and the related social consequences.

6. The purposes of the state environmental assessment are:

1) determination and restriction of possible negative consequences of realization of the planned and performed management, economic, investing rule-making and other activity for the environment and health of the population;

2) respect for balance of interests of economic development and environmental protection, and also prevention of damage to the third parties in the course of environmental management.

7. The state environmental assessment is obligatory and shall precede acceptance of legal, economic and management decisions regarding environmental management and impact on the environment and health of the population. Without the positive conclusion of the state environmental assessment financing and projects implementation is forbidden.

8. Tasks of the state environmental assessment are:

1) determination of ecological justification of the planned decisions which implementation can affect state of environment and natural resources;

2) determination of completeness and correctness of assessment of impact of the planned and performed management, economic, investing and other activity on the environment and health of the population, including the analysis of possible social, economic and ecological consequences and determination of level of environmental risk;

3) efficiency evaluation, the completeness and sufficiency proposed in objects of examination of environmental measures, to rational use of natural resources, public health care;

4) preparation of the conclusions of the state environmental assessment, timely transfer to their state and other organizations making the decision on realization of object of examination and submission of necessary information to the interested bodies and the population;

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