of July 25, 2007 No. 238-p
About approval of Rules of access to the ecological information relating to assessment procedure of impact on the environment and to decision making process on the planned economic and other activity
According to the subitem 23) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007, I ORDER:
1. Approve the enclosed Rules of access to the ecological information relating to assessment procedure of impact on the environment and to decision making process on the planned economic and other activity.
2. Bring this Order to the attention of structural and territorial subdivisions of the Ministry of environmental protection of the Republic of Kazakhstan.
3. This order becomes effective after ten calendar days after day of its first official publication.
Minister
N. Iskakov
Approved by the Order of the Minister of environmental protection of the Republic of Kazakhstan of July 25, 2007 No. 238-p
1. These rules are developed based on the Ecological code of the Republic of Kazakhstan for determination of content and procedure for access to the ecological information relating to assessment procedure of impact on the environment of all interested physical persons and legal entities in the form of public associations (further - interested persons) and their participation in decision making process on the planned economic and other activity.
2. These rules are applied only to the period of conducting the state environmental assessment of project (preproject) documentation on the planned economic activity, belonging to environmental impact assessment (further - the EIA project).
3. Information relating to assessment procedure of impact on the environment and to decision making process on the planned economic and other activity includes materials of the state environmental assessment:
1) EIA project;
2) the conclusions of external experts on the EIA project;
3) the protocol of public hearings on the EIA project;
4) written addresses of interested persons and on the EIA project;
5) conclusion of the state environmental assessment.
At the same time materials shall not contain confidential information.
4. The initiator of economic and other activity publishes information on the direction of the EIA project on the state environmental assessment in special editions in the field of ecology and on Internet resource of the Department of Energy of the Republic of Kazakhstan.
Information shall contain the following data:
1) name, legal address, location, phone of the initiator of economic and other activity;
2) name of the EIA project;
3) start date and period of implementation of the state environmental assessment;
4) the name, the address, phone of the state body performing the state environmental assessment.
5. Interested persons can get access to the materials of the state environmental assessment specified in Item 3 of these rules, having sent the written request to authorized body.
6. According to the legislation the authorized body within 15 calendar days gives the written answer with indication of the place and time where it is possible to get acquainted with the materials specified in Item 3 of these rules.
7. The initiator of economic and other activity represents the project (preproject) documentation which is not containing confidential information for access to interested persons to authorized body.
8. Interested persons can provide in writing the offers and notes to authorized body, concerning the EIA project.
Offers and notes in writing shall contain the following data:
1) surname, name, middle name (at will), postal address, signature;
2) for the legal entity - its name, the postal address, reference number and date, the appeal shall be signed by the head;
3) the name of the EIA project, and the list of materials of the state environmental assessment which citizens and public associations studied;
4) copy of the basis for receipt of information (written reply of authorized body);
5) reasonable offers, notes.
9. The authorized body, according to the legislation, within 15 calendar days considers the address and gives the answer. In case additional studying is necessary, the term of consideration can be prolonged no more than for thirty calendar days, with the notification of the applicant within three calendar days.
10. No. 258 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 21.06.2016
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