ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 24, 2010 No. 1245

About approval of Rules of carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories

According to the subitem 36) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories.

3. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of November 24, 2010 No. 1245

Rules of carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories

1. General provisions

1. These rules of carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law), the Ecological code of the Republic of Kazakhstan (further - the Code) and the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories" and determines procedure for carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories.

2. Oil operations at the sea and internal reservoirs include the regional geologic-geophysical researches and works relating to investigation, oil extraction, gas and condensate and related single production cycle, temporary storage and transfer of oil, gas and condensate pipeline transport from sea constructions on the land and also works on construction, installation and ensuring life activity of sea constructions, artificial islands, dams and installations.

3. Oil operations on subsoil plots in the Kazakhstan sector of the Caspian and Aral seas and internal reservoirs in the Republic of Kazakhstan, in zones of emergency ecological situation and in especially protected natural territories can be limited to certain depth.

2. Procedure for carrying out oil operations at the sea, internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories

4. Features of conducting oil operations at the sea shall be provided in the project documents approved in accordance with the established procedure.

5. In case of change of indicators of project documents the subsoil user makes corresponding changes to the working program. Approval of project documents and introduction change in the working program are made at the same time.

Project documents (changes and/or amendments in them) before approval by authorized body on studying and use of subsoil, are considered by the Central commission on investigation and development of minerals.

In case of the recommendation of the Central commission on investigation and development of minerals to approval of the considered project documents the authorized body on studying and use of subsoil approves project documents.

6. The subsoil user, when carrying out oil operations at the sea, performs these transactions so that not to interfere and to do harm to sea navigation, the fishing and other lawful activities which are usually performed on the specific site of the sea according to article 93 of the Law.

The subsoil user performing oil operations at the sea according to article 93 of the Law, develops special programs for prevention of pollution of the sea and approves them as a part of project documents.

These programs include actions on:

1) to internal control behind the performed oil operations;

2) to personnel training;

3) to capture of well under control, to equipment and the materials necessary in case of emergency and other dangerous situations and pollution of the sea;

4) to involvement of other organizations specializing in elimination of accidents at the sea and their effects;

5) to development of measure for immediate localization and cleaning of the sea owing to pollution of the sea.

7. Within the Republic of Kazakhstan of the state reserved zone established by the Government in northern part of the Caspian Sea based on functional zoning reserved sites with total ban of economic and other activity and additional temporary restrictions are allocated for carrying out separate work types according to requirements of the Code and the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories".

Oil transportation in the state reserved zone in northern part of the Caspian Sea in case of operation of fields is performed by pipelines in case of observance of the requirements established by the ecological legislation of the Republic of Kazakhstan according to article 114 of the Law.

On the subsoil plots representing special ecological, scientific, historical and cultural, recreational value any activities menacing to safety of geological, geomorphological and hydrogeological objects of the state natural and reserved fund according to article 77 of the Law of the Republic of Kazakhstan of July 7, 2006 "About especially protected natural territories" are forbidden.

8. Carrying out oil operations in zones of emergency ecological situation is performed with observance of the legal regime determined by article 176 of the Code.

9. Oil operations at the sea and internal reservoirs, in zones of emergency ecological situation and in especially protected natural territories are made by subsoil users also according to requirements for rational and complex use of subsoil according to the procedure, determined by the Government of the Republic of Kazakhstan.

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