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

According to Item 3 of Article 141, 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 in the field of environmental protection, reproduction and use of natural resources according to appendix 1 to this joint order;

2) checking leaf in the field of environmental protection, reproduction and use of natural resources in respect of the physical persons or legal entities performing use of natural resources and (or) issues to the environment according to appendix 2 to this joint order;

3) checking leaf on compliance to qualification requirements to the licensed type of activity in the field of environmental protection according to appendix 3 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.

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 in the field of environmental protection, reproduction and use of natural resources

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources (further – Criteria) are developed according to Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and Rules of forming by state bodies of system of risks assessment and form of the checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371) (further – Rules).

2. In Criteria the following concepts are used:

1) 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;

2) considerable violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of environmental protection, the creating premises for emergence of threat of life and to health of the population, the environment;

3) risk in the field of environmental protection, reproduction and use of natural resources – probability of damnification as a result of activities of the subject of control of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

4) gross violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of environmental protection which failure to carry out create threat damage of life and to health of the population, the environment, also the violations connected with non-compliance with the prohibiting legislation regulation (it is forbidden, it is not allowed, it is not allowed);

5) system of risks assessment – complex of actions, carried out by control facility for the purpose of purpose of preventive control with visit of subject (object) of control;

6) objective criteria for evaluation of risk degree (further – objective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in the field of environmental protection, reproduction and use of natural resources and which are not depending directly on separate subject (object) of control;

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