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JOINT ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN AND I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 15, 2015 No. 721, on December 30, 2015 No. 835

About approval of criteria for evaluation of risk degree and checking sheets in the field of environmental protection, reproduction and use of natural resources

(as amended on 14-06-2023)

According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:

1. Approve enclosed:

1) criteria for evaluation of risk degree and risk management in the field of environmental protection, reproduction and use of natural resources for selection of subjects (objects) of control according to appendix 1 to this joint order;

2) the checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of physical persons or legal entities, in property or other legal use of which is the object making negative impact on the environment according to appendix 2 to this joint order;

3) the checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of physical persons or legal entities, in property or other legal use of which is the object making negative impact on the environment on compliance to requirements for allowing documents in the field of environmental protection according to appendix 3 to this joint order;

4) the checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of physical persons or legal entities, in property or other legal use of which is the object making negative impact on the environment on compliance to requirements for the license for performance of works (rendering services) in conversion, neutralization, utilization and (or) destruction of dangerous wastes according to appendix 4 to this joint order.

2. Declare invalid the joint order of the Minister of Energy of the Republic of Kazakhstan of June 24, 2015 No. 431 and the Acting Minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 474 "About approval of criteria for evaluation of risk degree and form of checking leaf in the field of environmental protection, reproduction and use of natural resources" (registered in the Register of state registration of regulatory legal acts for No. 11792, published in the Information system of law of Ad_let on August 6, 2015).

3. To provide to committee of ecological regulation, control and state inspection in oil and gas complex of the Department of Energy of the Republic of Kazakhstan:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) the direction of the copy of this joint order within ten calendar days from the date of its obtaining in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan;

4) placement of this joint order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

5) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

4. To impose control of execution of this joint order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

5. This joint order becomes effective since January 1, 2016 and is subject to official publication.

Acting Minister of national economy of the Republic of Kazakhstan

M. Kusainov

Minister of Energy of the Republic of Kazakhstan

B. School student

 

Appendix 1

to the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of December 15, 2015 No. 721, on December 30, 2015 No. 835

Criteria for evaluation of risk degree and risk management in the field of environmental protection, reproduction and use of natural resources for selection of subjects (objects) of control

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree and risk management in the field of environmental protection, reproduction and use of natural resources (further – Criteria) are developed according to Items 5 and 6 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371) and Rules of forming by regulatory state agencies of system of assessment and the risk management approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 14, 2022 No. 126 (it is registered in the Register of state registration of regulatory legal acts at No. 31148) (further – Rules).

2. Criterion for evaluation of risk degree and risk management the inspections which are carried out on compliance to qualification or allowing requirements on the issued permissions and directed notifications according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – check on compliance to requirements) and preventive control with visit of subject (object) of control, and also development of the checking sheets approved according to Item 2 of Article 132, Article 141 and Items 2 and 3 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan are developed for selection of subjects (objects) of control for the purpose of carrying out.

3. In Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) insignificant violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of environmental protection which non-compliance is not created by premises for emergence of threat of life and to health of the population, the environment, but accomplishment which is obligatory for the operator of object when implementing the activities;

3) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

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